reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 5 - RIVERS AND RIVER BASINS (§§ 12-5-330 — 12-5-457) › Part 6 - PROTECTION OF METROPOLITAN RIVERS (§§ 12-5-440 — 12-5-457) › Section 12-5-457 - Environmental Protection Division's powers and duties unaffected by part

No provision of this part shall repeal, supersede, or preempt any function, power, authority, duty, or responsibility assigned to the Environmental Protection Division of the Department of Natural Resources by any other provision of this Code.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 6 - WATER SUPPLY (§§ 12-5-470 — 12-5-484) › Section 12-5-470 - Short title

This article shall be known and may be cited as the "Georgia Water Supply Act of 2008."
Amended by 2008 Ga. Laws 578,§ 2-1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 6 - WATER SUPPLY (§§ 12-5-470 — 12-5-484) › Section 12-5-470.1 - Construction with other provisions

(a)
The exercise of any powers conferred by this article shall be subject to applicable law governing eminent domain and the allocation and distribution of the waters of the state.
(b)
Nothing in this article shall alter or abrogate any provisions of this chapter or any rules, regulations, or state-wide or regional water plans pursuant thereto regarding interbasin or intrabasin transfer of waters.
(c)
Projects provided for by this article shall comply with Article 8 of this chapter and any rules, regulations, or state-wide or regional water plans pursuant thereto.
(d)
Nothing in this article shall be construed to diminish the full authority and responsibility of the director of the Environmental Protection Division of the department for existing statutory reviews and approvals.
Added by 2008 Ga. Laws 578,§ 2-1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 6 - WATER SUPPLY (§§ 12-5-470 — 12-5-484) › Section 12-5-472.1 - Procurement of permits, licenses, and permissions; designation of principal state agency

(a)
The division shall be authorized to assume by intergovernmental contract the responsibility for procuring all permits, licenses, and permissions from the United States of America or any agency or instrumentality thereof; the State of Georgia, its departments, agencies, or authorities; or any county or municipality of this state as necessary or required for the purpose of constructing any projects within this state on behalf of local governments seeking to construct such projects. Such contract may provide for the reimbursement of the division for costs and expenses associated with the procurement of such permits, licenses, and permissions, but such reimbursement shall not be a prerequisite to the assumption by the division of such procurement responsibility, and the division is specifically authorized to delay, mitigate, or waive reimbursement when, in the judgment of the director and the authority, the welfare and best interests of the people of this state are served thereby. The terms of such contract shall provide for the assumption by such local government of such permits, licenses, and permissions at such time as appropriate for the construction of such projects.
(b)
In discharging its duties and responsibilities pursuant to the terms of this article, and specifically in identifying appropriate sites for projects and procuring permits, licenses, and permissions for projects, whether owned by the division or otherwise, the division shall utilize to the maximum extent practicable the procurement of services from the department and private sector persons and entities qualified to perform such work. It is the intent of General Assembly that the division minimize the hiring of officers and employees for the purposes of this article.
(c)
The division shall be designated as the principal state agency to cooperate with the Environmental Protection Division of the department, the United States Army Corps of Engineers, and all other federal agencies or instrumentalities in the planning and execution of projects in this state.
Added by 2008 Ga. Laws 578,§ 2-1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 6 - WATER SUPPLY (§§ 12-5-470 — 12-5-484) › Section 12-5-474 - Rentals, fees, and other charges; deposit of funds; terms and conditions for use of project

(a)
The division may fix rentals, fees, prices, and other charges which any user, concessionaire, franchisee, or vendor shall pay to the division for the use of a project or part thereof or combination thereof, and for the goods and services provided by the division in conjunction with such use, as the division may deem necessary or appropriate to provide in connection with such use, and to charge and collect the same. Such rentals, fees, prices, and other charges shall be so fixed and adjusted in respect to the aggregate thereof from a project or any part thereof so as to be reasonably expected to provide a fund sufficient with other revenues of such project and funds available to the division, if any, to pay the cost of maintaining, repairing, and operating a project, including the reserves for extraordinary repairs and insurance, unless such cost shall be otherwise provided for, which costs shall be deemed to include the expenses incurred by the division on account of a project for water, light, sewer, and other services furnished by other facilities at such project. Such fees shall be fixed after consideration of input from local governments served by the project to which the fees pertain.
(b)
All those funds generated by the operation of the projects and paid to the division shall be deposited in the Georgia Reservoir Fund established by Code Section
50-23-28
.
(c)
The division may establish the terms and conditions upon which any lessee, sublessee, licensee, user, franchisee, or vendor shall be authorized to use a project as the division may determine necessary or appropriate, subject to the limitations provided for by this article.
Amended by 2008 Ga. Laws 578,§ 2-1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 6 - WATER SUPPLY (§§ 12-5-470 — 12-5-484) › Section 12-5-475 - Rules and regulations

(a)
It shall be the duty of the authority, in consultation with the Environmental Protection Division of the department, to prescribe rules and regulations governing the selection of sites for projects. Such rules and regulations shall include, but shall not be limited to, provisions for:
(1)
The division to notify in writing a county or municipality when a preliminary determination has been made for the location of a project within any portion of the territorial boundaries of such county or municipality;
(2)
Review and comment by the governing authority of a county or municipality receiving a notice provided for in paragraph (1) of this subsection before the division makes a final determination of the project site; and
(3)
At least one public hearing within the territorial boundaries of a county or municipality receiving a notice provided for in paragraph (1) of this subsection before the division makes a final determination of the project site.
(b)
It shall be the duty of the authority to prescribe rules and regulations for the operation of and governing the use of each project constructed under the provisions of this article. Such rules shall be prescribed after consideration of input from local governments served or to be served by the project to which the rules pertain.
Amended by 2008 Ga. Laws 578,§ 2-1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 6 - WATER SUPPLY (§§ 12-5-470 — 12-5-484) › Section 12-5-476.1 - Fees for services

(a)
The division and the department may enter into agreements with local governments, setting fees to be paid to the division or the department for the purpose of enabling the division or the department to expedite or enhance the state regulatory process and to provide services voluntarily requested under the agreement with respect to projects. Pursuant to such an agreement, the division or the department may hire additional temporary staff members, contract for services, or provide additional services that are within the powers of the division and the department to provide. Such service costs shall constitute a cost of project for purposes of this article and Chapter 23 of Title 50. As part of an agreement entered into under this subsection, the division and the department may waive all or part of a fee imposed for a service. The division and the department shall not require that a local government pay more for a service under an agreement entered into under this subsection than the cost to the division or the department in providing such service to such local government.
(b)
The division and the department may enter into agreements with agencies or instrumentalities of the federal government, setting fees to be paid by the division or the department for the purpose of enabling the division or the department to expedite or enhance the federal regulatory process and to provide services requested under the agreement with respect to projects. Pursuant to such agreement, the division and the department may fund the cost of hiring additional temporary staff members, contracts for services, or the provision of additional services for the purposes of this article. Such fees shall constitute a cost of project for purposes of this article and Chapter 23 of Title 50.
Added by 2008 Ga. Laws 578,§ 2-1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 6 - WATER SUPPLY (§§ 12-5-470 — 12-5-484) › Section 12-5-477 - Supplemental nature of provisions

The provisions of this article shall be deemed to provide an additional and alternative method for the doing of things authorized by this article and shall be regarded as supplemental and additional to powers conferred by the Constitution and laws of the State of Georgia and shall not be regarded as in derogation of any powers now existing.
Amended by 2008 Ga. Laws 578,§ 2-1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 6 - WATER SUPPLY (§§ 12-5-470 — 12-5-484) › Section 12-5-478 - Liberal construction

This article, being for the welfare of this state and its inhabitants, shall be liberally construed to effect the purposes hereof.
Amended by 2008 Ga. Laws 578,§ 2-1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 6 - WATER SUPPLY (§§ 12-5-470 — 12-5-484) › Section 12-5-480 - Use of services of Georgia State Financing and Investment Commission; selection of professional services

The division shall be authorized to utilize the financial advisory and construction related services of the Georgia State Financing and Investment Commission with respect to the acquisition, design, planning, and construction of any of the projects. Code Section
50-22-9
shall be applicable to the selection of persons to provide professional services for any project or any portion thereof authorized by this article until such time as the director, with the approval of the authority and consistent with any state-wide water plan provided pursuant to Article 8 of this chapter, certifies that this state and its local governments have constructed or otherwise acquired sufficient reservoir capacity to meet current and reasonably projected future needs, taking into account projected population growth and historical and anticipated cycles or incidents of drought, whereupon the whole of Chapter 22 of Title 50 shall be applicable.
Amended by 2008 Ga. Laws 578,§ 2-1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 6 - WATER SUPPLY (§§ 12-5-470 — 12-5-484) › Section 12-5-481 - Legislative findings

It is found, determined, and declared that the carrying out of the purposes of the division as defined in this article is in all respects for the benefit of the people of this state and that the purposes are public purposes; that the division will be performing an essential governmental function in the exercise of the powers conferred upon it by this article; and that the activities authorized in this article will develop and promote trade, commerce, industry, and employment opportunities to the public good and the general welfare and promote the general welfare of the state.
Amended by 2008 Ga. Laws 578,§ 2-1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 6 - WATER SUPPLY (§§ 12-5-470 — 12-5-484) › Section 12-5-482 - Failure of local government to collect and remit all amounts due; withholding of state funds

(a)
In the event of a failure of any local government to collect and remit in full all amounts due which involve the credit or guarantee of the state or the authority, it shall be the duty of the state treasurer or the duty of the authority to withhold all funds of the state and all funds administered by the state, its agencies, boards, and instrumentalities or all funds of the authority allotted to such local government until such local government has collected and remitted in full all sums due and cured or remedied all defaults, unless such amounts have been waived pursuant to this article.
(b)
Nothing contained in this Code section shall mandate the withholding of funds allocated to a local government which would violate contracts to which the state or the authority is a party, the requirements of federal law imposed on the state or the authority, or judgments of any court binding the state or the authority.
Amended by 2010 Ga. Laws 621,§ 3, eff. 7/1/2010.
Amended by 2008 Ga. Laws 578,§ 2-1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 6 - WATER SUPPLY (§§ 12-5-470 — 12-5-484) › Section 12-5-483 - Waiver of costs or fees

Any waiver by the division or the department of any costs or fees owed by any local government to the division or the department under this article shall constitute a grant in the amount of such waiver to such local government pursuant to Code Section
50-23-6
or Article VII, Section III, Paragraph II of the Constitution.
Amended by 2008 Ga. Laws 578,§ 2-1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 6 - WATER SUPPLY (§§ 12-5-470 — 12-5-484) › Section 12-5-484 - Legislative oversight committee; membership; responsibilities

There is created as a joint committee of the General Assembly the Georgia Water Supply Act Legislative Oversight Committee, to be composed of the members of the House Committee on Natural Resources and Environment and the Senate Natural Resources and the Environment Committee. The chairpersons of such committees shall serve as cochairpersons of the oversight committee. The oversight committee shall periodically inquire into and review the operations of the division, as well as periodically review and evaluate the success with which the division is accomplishing its statutory duties and functions as provided in this article. The oversight committee may conduct any independent audit or investigation of the division it deems necessary.
Added by 2008 Ga. Laws 578,§ 2-1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 7 - COSTS OF OIL SPILL RESPONSE (§§ 12-5-500 — 12-5-501) › Section 12-5-500 - Definitions

As used in this article, the term:
(1)
"Damages" means damages of any kind for which liability may exist under the laws of this state resulting from, arising out of, or related to the discharge or threatened discharge of oil.
(2)
"Discharge" means any emission, other than natural seepage, whether intentional or unintentional, and includes, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying, or dumping.
(3)
"Federal on-scene coordinator" means the federal official designated by the United States Environmental Protection Agency or the United States Coast Guard to coordinate and direct federal responses under subpart D or the official designated by the lead agency to coordinate and direct removal under subpart E of the National Contingency Plan.
(4)
"National Contingency Plan" means the National Contingency Plan prepared and published under Section 311(d) of the Federal Water Pollution Control Act,
33 U.S.C. Section 1321(d)
, as amended by the federal Oil Pollution Act of 1990, Pub. L. No. 101-380, 104 Stat. 484 (1990).
(5)
"Oil" means oil of any kind or in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil.
(6)
"Person" means an individual, corporation, partnership, association, state, municipality, commission, political subdivision of a state, or any interstate body.
(7)
"Removal costs" means the costs of removal that are incurred after a discharge of oil has occurred or, in any case in which there is a substantial threat of a discharge of oil, the costs to prevent, minimize, or mitigate oil pollution from such an incident.
(8)
"Responsible party" means a responsible party as defined under Section 1001 of the federal Oil Pollution Act of 1990, Pub. L. No. 101-380, 104 Stat. 484 (1990).
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 7 - COSTS OF OIL SPILL RESPONSE (§§ 12-5-500 — 12-5-501) › Section 12-5-501 - Liability for removal costs or damages; exceptions

(a)
Notwithstanding any other provision of law, a person is not liable for removal costs or damages which result from actions taken or omitted to be taken in the course of rendering care, assistance, or advice consistent with the National Contingency Plan or as otherwise directed by the federal on-scene coordinator or by any state official with responsibility for oil spill response.
(b)
Subsection (a) of this Code section shall not apply:
(1)
To a responsible party;
(2)
With respect to personal injury or wrongful death;
(3)
If the person is grossly negligent or engages in willful misconduct; or
(4)
To a response under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (
42 U.S.C. Section 9601
, et seq.).
(c)
A responsible party shall be liable for any removal costs and damages that another person is relieved of under subsection (a) of this Code section.
(d)
Nothing in this Code section shall affect the liability of a responsible party for oil spill response under any applicable state law.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 8 - COMPREHENSIVE STATE-WIDE WATER MANAGEMENT PLANNING ACT (§§ 12-5-520 — 12-5-525) › Section 12-5-520 - Short title

This article shall be known and may be cited as the "Comprehensive State-wide Water Management Planning Act."
Added by 2004 Ga. Laws 571, § 2, eff. 5/13/2004.
Former § 12-5-520 was repealed by 2004 Ga. Laws 571, § 2, eff. 5/13/2004.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 8 - COMPREHENSIVE STATE-WIDE WATER MANAGEMENT PLANNING ACT (§§ 12-5-520 — 12-5-525) › Section 12-5-521 - Definitions

As used in this article, the term:
(1)
"Director" means the director of the Environmental Protection Division of the Department of Natural Resources.
(2)
"Division" means the Environmental Protection Division of the Department of Natural Resources.
(3)
"Water Council" means the Water Council created by Code Section
12-5-524
.
Amended by 2005 Ga. Laws 19,§ 12, eff. 4/7/2005.
Added by 2004 Ga. Laws 571, § 2, eff. 5/13/2004.
Former § 12-5-521 was repealed by 2004 Ga. Laws 571, § 2, eff. 5/13/2004.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 8 - COMPREHENSIVE STATE-WIDE WATER MANAGEMENT PLANNING ACT (§§ 12-5-520 — 12-5-525) › Section 12-5-523 - Cooperation with Water Council; involvement of stakeholders; initial draft plan

(a)
The division shall work in cooperation, coordination, and communication with the Water Council and any other state, local, regional, or federal agency as appropriate to develop a comprehensive state-wide water management plan.
(b)
The division shall solicit extensive stakeholder involvement in the development of the proposed plan. Such stakeholders shall include, without limitation, other state agencies, nonprofit advocacy organizations, business organizations, local government entities and associations of local government entities, and regional commissions.
(c)
The division shall submit a draft initial comprehensive state-wide water management plan to the Water Council for review no later than July 1, 2007.
Amended by 2008 Ga. Laws 436,§ 19, eff. 7/1/2009.
Amended by 2005 Ga. Laws 19,§ 12, eff. 4/7/2005.
Added by 2004 Ga. Laws 571, § 2, eff. 5/13/2004.
Former § 12-5-523 was repealed by 2004 Ga. Laws 571, § 2, eff. 5/13/2004.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 8 - COMPREHENSIVE STATE-WIDE WATER MANAGEMENT PLANNING ACT (§§ 12-5-520 — 12-5-525) › Section 12-5-524 - Water Council created; obligations of council

(a)
There shall be a Water Council composed of one member appointed by the Speaker of the House of Representatives who shall not be a member of the General Assembly and who shall serve for a term of four years and until a successor is appointed and qualified; one member appointed by the President Pro Tempore of the Senate who shall not be a member of the General Assembly and who shall serve for a term of four years and until a successor is appointed and qualified; and the following state officials who shall serve ex officio as members of the committee: the director of the division, the commissioner of natural resources, the executive director of the State Soil and Water Conservation Commission, the commissioner of community affairs, the commissioner of public health, the Commissioner of Agriculture, the director of the State Forestry Commission, and the executive director of the Georgia Environmental Finance Authority. In addition, the chairperson of the Senate Natural Resources and the Environment Committee, ex officio, and one additional member of that committee to be selected by its chairperson; and the chairperson of the House Committee on Natural Resources and Environment, ex officio, and one additional member of that committee to be selected by its chairperson, shall each serve in an advisory capacity. Any vacancy among the two appointed members of the Water Council who are not members of the General Assembly other than for expiration of term shall be filled in the same manner as the original appointment for the unexpired term. The director shall serve as chairperson of the Water Council.
(b)
The Water Council shall:
(1)
Ensure coordination, cooperation, and communication among state agencies and their water related efforts in the development of a comprehensive state-wide water management plan;
(2)
Provide input to the division concerning the development of a comprehensive state-wide water management plan;
(3)
Review, modify if necessary, and approve the final draft of the proposed comprehensive state-wide water management plan; and
(4)
Recommend such initial proposed plan for consideration by the General Assembly not later than the first day of the regular session of the General Assembly next occurring after such completion but not later than the first day of the 2008 regular session of the General Assembly.
Amended by 2011 Ga. Laws 245,§ 12, eff. 5/13/2011.
Amended by 2011 Ga. Laws 244,§ 6-5, eff. 7/1/2011.
Amended by 2010 Ga. Laws 634,§ 1, eff. 7/1/2010.
Amended by 2009 Ga. Laws 102,§ 1-6, eff. 7/1/2009.
Amended by 2005 Ga. Laws 19,§ 12, eff. 4/7/2005.
Added by 2004 Ga. Laws 571, § 2, eff. 5/13/2004.
Former § 12-5-524 was repealed by 2004 Ga. Laws 571, § 2, eff. 5/13/2004.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 9 - FLINT RIVER DROUGHT PROTECTION (§§ 12-5-540 — 12-5-550) › Section 12-5-540 - Short title

This article shall be known and may be cited as the "Flint River Drought Protection Act."
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 9 - FLINT RIVER DROUGHT PROTECTION (§§ 12-5-540 — 12-5-550) › Section 12-5-541 - Legislative intent

(a)
The General Assembly declares its intent and the public policy of this state that the state plans, regulates, and controls the withdrawal and the use of the waters of the state under the laws of Georgia to protect the public health, safety, and welfare; and the granting of any water withdrawal permit allows the permittee to use the water solely for the stated purposes described in the permit so long as such use is consistent with the public welfare of the state and upon such conditions as the state may prescribe. This declaration of intent shall also apply to all aspects of this article.
(b)
The General Assembly finds that the use of water resources for the state for agricultural purposes is of vital importance to Georgia and southwest Georgia in particular; the protection of flows in the Flint River and its tributaries is necessary for a healthy riverine ecosystem and a healthy population of aquatic life; the use of water resources during drought conditions may interfere with public and private rights; the economic well-being of the State of Georgia is dependent on a strong and efficient agricultural industry; the wise use of water, the protection of stream flows, and the economic well-being of the state will be furthered by proper water allocation in periods of drought; and programs to augment stream flows or provide incentives to ensure that certain irrigated lands are temporarily not irrigated during severe droughts will promote the wise use of water resources, and the protection of stream flows for habitat critical for aquatic life, and the economic well-being of the state.
(c)
The General Assembly declares its intent to fund the execution of the public policy set forth in subsection (b) of this Code section by and through the authority with appropriated funds for the purposes of this article, grants, and other sources of revenue. The General Assembly intends for the total maximum balance of the unexpended drought protection funds during any fiscal year not to exceed $30 million. In the event the total balance of unexpended drought protection funds at the end of a fiscal year is less than $5 million, it is the intent of the General Assembly that the total balance of unexpended drought protection funds be replenished to at least $10 million at the earliest possible time. Appropriation of funds for inclusion in and as part of the drought protection funds shall be deemed consistent with this declaration of legislative intent.
Amended by 2014 Ga. Laws 537,§ 1, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 9 - FLINT RIVER DROUGHT PROTECTION (§§ 12-5-540 — 12-5-550) › Section 12-5-543 - Establishment of drought abatement program; rules and regulations

(a)
The board is authorized and directed to establish by rule and regulation for a drought abatement program for the Flint River basin in accordance with this article.
(b)
In the performance of its duties, the board shall have and may exercise the power to adopt, promulgate, modify, amend, and repeal rules and regulations to implement and enforce the provisions of this article as the board may deem necessary. The rules and regulations may include, but shall not be limited to, the following:
(1)
Prescribing eligibility requirements for permittees of irrigation systems located in the affected areas to receive payments from the drought protection funds in accordance with Code Section
12-5-546
. Such eligibility requirements shall include, without limitation, the following requirements:
(A)
The permittee must have applied to the division for a surface-water or ground-water withdrawal permit prior to December 1, 1999, and must have received a surface-water or ground-water withdrawal permit from the division prior to December 1, 2000; provided, however, that, if the director fails to act on a permit application by December 1, 2000, the time for receipt of a permit shall be extended until such time as the director makes a decision on the application. If the director's decision is to deny the permit and that decision is reversed on appeal, the date of receipt of a permit shall be deemed to be the date of the director's decision; and
(B)
The permittee must have demonstrated, in a manner to be defined by the director, actual previous irrigation by the permitted irrigation system on the same acres of land which the permittee agrees not to irrigate in a given year;
(2)
Establishing documentation requirements for nonuse of an irrigation system pursuant to an agreement entered into pursuant to Code Section
12-5-546
or an order issued by the director in accordance with Code Section
12-5-547
;
(3)
Establishing rules and procedures to be followed in connection with the irrigation reduction auction conducted pursuant to subsection (b) of Code Section
12-5-546
;
(4)
Establishing rules and procedures to be followed in connection with payments to permittees from the drought protection funds pursuant to Code Section
12-5-547
; or
(5)
Establishing rules and procedures for the conduct of meetings and hearings.
(c)
Any rules and regulations promulgated by the board shall be submitted by the board to the Speaker of the House of Representatives and the President of the Senate for distribution to the members of the General Assembly at the next regular session and shall become effective upon the expiration of that session unless during that session a resolution disapproving such regulations shall have been adopted by both houses.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 9 - FLINT RIVER DROUGHT PROTECTION (§§ 12-5-540 — 12-5-550) › Section 12-5-544 - Powers of director

In the performance of his or her duties, the director shall have and may exercise the power to:
(1)
Exercise general supervision over the enforcement of this article and all rules, regulations, and orders promulgated pursuant to this article;
(2)
Establish acceptable Flint River basin stream flows at one or more locations;
(3)
Establish those geographical areas in or adjacent to the lower Flint River basin where the division's studies indicate that ground-water use from the Floridan aquifer may affect stream flow in the Flint River or its tributaries;
(4)
Predict or declare when severe drought conditions exist or are expected to exist during a given year based on historical, mathematical, meteorological, or other scientific considerations which may be published by the director and which may be developed in consultation with the state climatologist, the state geologist, or other appropriate experts;
(5)
Establish criteria necessary to prove actual previous irrigation of lands for which a permittee seeks payment from drought protection funds;
(6)
Make investigations and inspections to ensure compliance with this article, the rules and regulations issued pursuant to this article, and any agreement or order that the division or director enters into or issues pursuant to this article;
(7)
Institute, in the name of the division, proceedings of mandamus, injunction, or other proper administrative or civil proceedings to enforce this article, the rules and regulations promulgated under this article, or any agreements or orders entered into or issued under this article;
(8)
Contract with the authority for implementing and carrying out, in whole or in part, the purposes of a drought abatement program for the Flint River basin in accordance with this article and direct the authority to make expenditures from the drought protection funds in accordance with this article;
(9)
Receive and collect all repayment penalties paid pursuant to this article and to transfer same to the authority for inclusion in the drought protection funds;
(9.1)
Conduct and participate in studies related to management of the water resources in the Flint River basin;
(10)
Encourage voluntary cooperation by persons and affected groups to achieve the purposes of this article; and
(11)
Perform any and all acts and exercise all incidental powers necessary to carry out the purposes and requirements of this article.
Amended by 2014 Ga. Laws 537,§ 3, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 9 - FLINT RIVER DROUGHT PROTECTION (§§ 12-5-540 — 12-5-550) › Section 12-5-545 - Administration of fund

The authority shall administer the drought protection funds provided to it for purposes of this article and shall make expenditures from said funds in accordance with and at the direction of the director pursuant to Code Sections
12-5-546
and
12-5-547
. With the prior consent and approval of the director, the authority is authorized to expend a portion of the drought protection funds for incidental costs and expenses reasonably incurred by the authority in connection with its administration of the drought protection funds for such things as postage, office supplies, and prorated salaries and wages of personnel assigned the tasks associated with management of the drought protection funds. The authority is further authorized and directed to invest the unexpended balance of the drought protection funds in the same manner as other funds under its control. Any interest or other revenues earned on the principal of the drought protection funds shall be added to the unexpended balance of the drought protection funds and become a part thereof. Upon request of the director, the authority shall provide such accounting information to the director as may be reasonably necessary for the director to perform his or her duties and functions pursuant to this article. All moneys deposited in the drought protection funds shall be deemed to be contractually obligated and shall not lapse to the general fund.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 9 - FLINT RIVER DROUGHT PROTECTION (§§ 12-5-540 — 12-5-550) › Section 12-5-547 - Director's orders

If the director determines that the total number of nonirrigated acres needed during a given year cannot be sufficiently obtained through the irrigation reduction auction held in accordance with Code Section
12-5-546
, the director is authorized to issue an order, in accordance with rules adopted by the board, requiring certain permittees not to irrigate a specified number of acres of irrigated land until the end of the calendar year. When issuing such orders, the director shall begin with the permittees whose withdrawal permits were issued most recently and then work chronologically backward with each order issued. A permittee who is issued such an order shall be compensated for such restriction if such permittee applied to the division for a surface-water or ground-water withdrawal permit prior to December 1, 1999, received a surface-water or ground-water withdrawal permit from the division prior to December 1, 2000, and is able to demonstrate actual previous irrigation on the same acres of land which the owner has been ordered not to irrigate. The per acre dollar amount received by a permittee pursuant to this Code section shall be equal to the average agreed upon sum per acre paid pursuant to the irrigation reduction auction during the same year.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 9 - FLINT RIVER DROUGHT PROTECTION (§§ 12-5-540 — 12-5-550) › Section 12-5-548 - Investigations and inspections

(a)
The division shall have the right, in accordance with rules adopted by the board, to conduct such investigations and inspections as may reasonably be necessary to carry out its duties prescribed in this article and to ensure compliance with this article, the rules and regulations issued pursuant to this article, and any agreement or order that the division or director enters into or issues pursuant to this article. For these purposes, the division shall have the right to enter at reasonable times any property, public or private, and conduct such investigations or inspections.
(b)
No person shall refuse entry or access to any authorized representative of the division who requests entry for the purposes of a lawful inspection and who presents appropriate credentials, nor shall any person obstruct, hamper, or interfere with any such representative while in the process of carrying out his or her official duties consistent with the provisions of this article.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 9 - FLINT RIVER DROUGHT PROTECTION (§§ 12-5-540 — 12-5-550) › Section 12-5-549 - Compliance; violations

(a)
Except as may otherwise be provided in this article, whenever the director has reason to believe that a violation of any provision of this article or any rule or regulation adopted pursuant to this article has occurred, he or she shall attempt to obtain compliance therewith by conference, conciliation, or persuasion, if the making of such an attempt is appropriate under the circumstances. If he or she fails to obtain compliance in this manner, the director may order the violator to take whatever corrective action the director deems necessary in order to obtain such compliance within a period of time to be prescribed in such order.
(b)
Except as may otherwise be provided in this article, any order issued by the director under this article shall become final unless the person or persons named therein file with the director a written request for a hearing within 30 days after such order or permit is served on such person or persons.
(c)
Except as may otherwise be provided in this article, hearings on contested matters and judicial review of final orders and other enforcement actions under this article shall be provided and conducted in accordance with subsection (c) of Code Section
12-2-2
.
(d)
The director may file in the superior court of the county wherein the person under order resides, or if the person is a corporation, in the county wherein the corporation maintains its principal place of business, or in the county wherein the violation occurred or in which jurisdiction is appropriate, a certified copy of a final order of the director unappealed from or a final order of the director affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect, and all proceedings in relation thereto shall thereafter be the same, as though the judgment had been rendered in an action duly heard and determined by such court.
(e)
For purposes of this Code section, a violation of an agreement entered into in accordance with Code Section
12-5-546
or an order issued by the director in accordance with Code Section
12-5-547
shall be prima facie established upon a showing that:
(1)
During the effective period of the agreement or order, the irrigation system was observed in person or via remote sensing or otherwise established by representatives of the division or others to have been operating and disbursing water; or
(2)
During the effective period of the agreement or order, a seal, lock, or other device placed by the division on the system to prevent operation of the system has been broken or otherwise tampered with.
Amended by 2014 Ga. Laws 537,§ 6, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 9 - FLINT RIVER DROUGHT PROTECTION (§§ 12-5-540 — 12-5-550) › Section 12-5-550 - Repayment penalty; notice of violation; time limit to respond to notice of violation; failure to respond to notice of violation

(a)
A repayment penalty in the amount of three times the dollar amount of payments received from the drought protection funds shall be paid by any person who irrigates in violation of an agreement entered into in accordance with Code Section
12-5-546
or in violation of an order issued by the director in accordance with Code Section
12-5-547
. Such penalties shall be assessed on a per violation basis. A violation shall be deemed to have occurred each time a person irrigates in violation of an agreement or order.
(b)
Within 30 days after discovery that a permittee violated an agreement entered into pursuant to Code Section
12-5-546
or an order issued by the director in accordance with Code Section
12-5-547
, the director shall send via certified mail or statutory overnight delivery a notice of violation to the permittee stating:
(1)
The date on which the violation occurred;
(2)
The facts constituting the violation and a statement that such facts will be deemed admitted unless denied by petition for hearing; and
(3)
The total dollar amount of repayment penalties owed by the permittee, together with a demand that said amount be paid in full within 30 days of the permittee's receipt of the notice.
(c)
A permittee receiving a notice of violation pursuant to this Code section shall have 30 days from receipt thereof either to pay in full the total amount of repayment penalties set forth in the notice or to submit a petition challenging such notice to the director. If a petition is filed within the required time, then a hearing shall be conducted with respect to same in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," and the rules and regulations applicable thereto.
(d)
If a permittee receiving a notice of violation pursuant to this Code section does not either pay the total amount of repayment penalties or submit a petition challenging the notice, then the facts set out in the notice shall be deemed admitted and the director shall issue an order to the permittee, assessing the total repayment penalties due from the permittee as set forth in the notice of violation and requiring payment of same within 30 days of issuance of the order. Any order issued by the director pursuant to this subsection shall be deemed final, and no hearing or appeal may be taken.
Amended by 2001 Ga. Laws 370, § 3, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 10 - METROPOLITAN NORTH GEORGIA WATER PLANNING DISTRICT ACT (§§ 12-5-570 — 12-5-586) › Section 12-5-570 - Short title

This article shall be known and may be cited as the "Metropolitan North Georgia Water Planning District Act."
Added by 2001 Ga. Laws 27, § 1, eff. 5/1/2001.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 10 - METROPOLITAN NORTH GEORGIA WATER PLANNING DISTRICT ACT (§§ 12-5-570 — 12-5-586) › Section 12-5-571 - Legislative intent

(a)
The General Assembly recognizes the value of the metropolitan North Georgia area watersheds for water supply, recreation, habitat for fish and wildlife, economic prosperity, and quality of life. The General Assembly finds that adequate supplies of clean water for drinking and other purposes constitute the lifeblood of the metropolitan North Georgia area and are, therefore, essential to the health, welfare, and economic progress of the area. The purpose of this article is to create a planning entity dedicated to developing comprehensive regional and watershed-specific plans to be implemented by local governments in the district. These plans will protect water quality and public water supplies in and downstream of the region, protect recreational values of the waters in and downstream of the region, and minimize potential adverse impacts of development on waters in and downstream of the region.
(b)
The General Assembly finds that the waters and watersheds of the district are natural resources, environments, and vital areas within the meaning of Article III, Section VI, Paragraph II of the Constitution of the State of Georgia.
Added by 2001 Ga. Laws 27, § 1, eff. 5/1/2001.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 10 - METROPOLITAN NORTH GEORGIA WATER PLANNING DISTRICT ACT (§§ 12-5-570 — 12-5-586) › Section 12-5-572 - Creation; purpose

(a)
There is created the Metropolitan North Georgia Water Planning District.
(b)
The general purposes of the district shall be to establish policy, create plans, and promote intergovernmental coordination for all water issues in the district; to facilitate multijurisdictional water related projects; and to enhance access to funding for water related projects among local governments in the district area.
(c)
It is the primary purpose of the district to develop regional and watershed-specific plans for storm-water management, waste-water treatment, water supply, water conservation, and the general protection of water quality, which plans will be implemented by local governments in the district.
Added by 2001 Ga. Laws 27, § 1, eff. 5/1/2001.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 10 - METROPOLITAN NORTH GEORGIA WATER PLANNING DISTRICT ACT (§§ 12-5-570 — 12-5-586) › Section 12-5-573 - Definitions

As used in this article, the term:
(1)
"Board" means the Metropolitan North Georgia Water Planning District Governing Board created under Code Section
12-5-575
.
(2)
"Director" means the director of the Environmental Protection Division of the Department of Natural Resources.
(3)
"District" means the entity established by this article that shall have planning responsibility for watershed and storm-water management, waste-water management, and water supply and conservation management within the district area.
(4)
"District area" means any county which has a population of 500,000 or more according to the 2000 United States decennial census or any future such census and all counties geographically contiguous to any such county; provided, however, that any such contiguous county having population of 100,000 or less according to the 2000 United States decennial census or any future such census may, by majority vote of the governing authority thereof and with the written approval of the director, remove itself from the district area. The district area may be expanded from time to time as provided in this article.
(5)
"Local government" means any county or municipality of this state lying in whole or in part within the district area.
Added by 2001 Ga. Laws 27, § 1, eff. 5/1/2001.