Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-3 - ENVIRONMENTAL PROTECTION › Subject 391-3-32 - REGIONAL WATER PLANNING › Rule 391-3-32-.01 - Preparation of Regional Water Development and Conservation Plans

Current through Rules and Regulations filed through June 27,
				2024
(1)
Purpose.
The purpose of Section
				391-3-32-.01 is to provide minimum
				uniform statewide regulations for the preparation of Regional Water Development
				and Conservation Plans. As authorized by O.C.G.A. §§
									12-5-31 and
				12-5-96, in a manner consistent
				with O.C.G.A. §§
									12-5-520,
et
				seq.
, and as provided in the Comprehensive State-wide Water Management
				Plan, Regional Water Development and Conservation Plans shall promote the
				sustainable use of Georgia's waters through the selection of an array of
				management practices, to support the State's economy, to protect public health
				and natural systems, and to enhance the quality of life for all citizens.
(2)
Policy.
As
				provided in the Comprehensive State-wide Water Management Plan, the
				characteristics of water resources and water users vary significantly in
				differing regions across Georgia. Protecting the ability of the State's water
				resources to meet needs for water supply and assimilation of waterborne
				contaminants requires regional, resource-based plans that identify the
				management practices appropriate to the resources and users in each
				region.
(3)
Definitions.
All terms used in this Section shall be interpreted
				in accordance with the definitions as set forth in this Paragraph, or in any
				other Paragraph of this Section:
(a)
				"Aquifer" means a geological formation, group of such formations, or a part of
				such a formation that is water bearing;
(b) "Assimilative capacity" is a
				determination describing the amount of contaminant load that can be discharged
				to a specific water body without exceeding water quality standards or criteria.
				Assimilative capacity is used to define the ability of a water body to
				naturally absorb and use a discharged substance without water quality becoming
				impaired or aquatic life being harmed;
(c) "Comprehensive State-wide Water
				Management Plan" is the plan provided for by O.C.G.A. §
										12-5-520
et seq.
whose purpose is to help guide the stewardship of Georgia's water resources to
				ensure that those resources continue to support the State's economy while
				maintaining healthy natural systems. The Comprehensive State-wide Water
				Management Plan mandates preparation of regional Water Development and
				Conservation Plans;
(d)
				"Consumptive use" is the difference between the total amount of water withdrawn
				from a defined hydrologic system of surface water or groundwater and the total
				amount of the withdrawn water that is returned to that same hydrologic system
				over a specified period of time;
(e) "Consumptive use assessment" is a
				determination describing the water reliably available for consumptive use over
				a specified period of time from a defined hydrologic system of surface water or
				groundwater sources in a dry year, beyond the quantities needed to meet flow
				regime requirements or in-aquifer needs, which the Division will establish. A
				consumptive use assessment will establish a baseline that may be increased
				through either selected modifications of the source, such as increasing water
				storage capacity, or supplementing the source. This baseline for the water
				available from each water source will be provided for the purposes of regional
				planning. Water use above the baseline defined by the dry year consumptive use
				assessments may be permitted by the Division in normal and wet years;
(f) "Director" is the Director of the
				Environmental Protection Division of the Department of Natural
				Resources;
(g) "Division" means the
				Environmental Protection Division of the Department of Natural
				Resources;
(h) "Dry year" means the
				time period of lowest precipitation and/or streamflow for which water supply
				and wastewater facilities are designed and operated;
(i) "Flow regime" is a description of the
				pattern of flow variability for an individual surface water source. Flow regime
				involves the magnitude, timing, duration, frequency and rate of water
				movement;
(j) "Future" means the
				time period over which one might reasonably forecast water uses and
				users;
(k) "Human use" refers to
				all the ways in which water is employed for human benefit, including, without
				limitation, public health purposes, human consumption, agricultural and
				industrial production, recreation, municipal, and commercial purposes. This
				list of uses is not in priority order and does not alter priorities for water
				use established by the Georgia Code;
(l) "Hydrologically connected" means the
				situation in which defined surface areas and/or subsurface areas drain to
				common points or regions under natural conditions;
(m) "Instream uses" means all those human and
				ecological uses of water which occur within the banks of rivers and streams,
				including, without limitation, waste assimilation, hydropower production,
				recreation, maintenance of aquatic habitats, and support of biological
				integrity;
(n) "Management
				practices" are reasonable methods, considering available technology and
				economic factors, for managing water demand, water supply, return of water to
				its sources, and prevention and control of pollution of the waters of the
				state;
(o) "Natural systems" means
				the biological, ecological, and physical systems that arise and persist through
				mechanisms of nature as opposed to having been designed, constructed, and
				operated by mankind;
(p) "Offstream
				uses" means the purposes for which water is withdrawn from streams, rivers,
				lakes, or aquifers;
(q)
				"Stormwater" means stormwater runoff, snow-melt runoff, and surface runoff and
				drainage;
(r) "Sustainable" means
				using water resources to meet current needs without unreasonably foreclosing
				the ability of future generations to meet their own water needs;
(s) "Water conservation" is the beneficial
				reduction of water use, water waste, and water loss;
(t) "Water Development and Conservation
				Plan," as provided in O.C.G.A. §§
										12-5-31(h) and
				12-5-96(e), means
				a regional resource-based plan, developed in accordance with O.C.G.A.
				§§
										12-5-520
et seq.
,
				that promotes the efficient use of water resources, promotes the conservation
				and reuse of water, guards against a shortage of water, and is consistent with
				the public welfare of the state, or an addendum to any statutorily required
				water management plan(s) prepared to satisfy the purposes of this rule and the
				Comprehensive State-wide Water Management Plan. Such plans include water
				development, conservation, and sustainable use and are based upon detailed
				scientific analysis of water sources, the projected future condition of the
				resources, current demand, and estimated future demands on the resources.
				Furthermore, as provided in the Comprehensive State-wide Water Management Plan,
				such plans identify the water management practices to be employed in each Water
				Planning Region to ensure that current and future needs for water supply and
				assimilative capacity are met within the capacity of the water
				resources;
(u) "Water Planning
				Council" means a regional planning entity responsible for overseeing the
				preparation of a recommended Regional Water Development and Conservation Plan
				for a Water Planning Region. This includes, without limitation, those entities
				to whom the Director has designated as responsible for overseeing preparation
				of such plans, and any statutorily designated regional planning entity with
				water management responsibilities that may include, but are not limited to
				watershed, storm-water, waste-water, and water supply and conservation
				management within that entity's area;
(v) "Water Planning Region" is a defined area
				that includes one or more water quantity and/or quality resources;
(w) "Water resource" is a body of surface
				water or groundwater that is available or potentially available for off stream
				and/or instream use, including, without limitation, agricultural, industrial,
				residential, recreational, or environmental activities, among others. Water
				resources may include freshwater bodies, brackish waters, and ocean
				water;
(x) "Water resource
				assessment" is comprised of the assimilative capacity determination and the
				consumptive use assessment for both groundwater and surface water for a given
				area.
(y) "Water use" means
				utilization of water for natural and human uses. See also human use, instream
				use and offstream use;
(z) "Water
				users" means those who utilize water for human uses;
(aa) "Watershed" means the land area
				tributary to a given point along a stream or river;