North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter G - WATER RESOURCES PROGRAMS › Section .0500 - ALLOCATION OF JORDAN LAKE WATER SUPPLY STORAGE › Section 02G .0504 - ALLOCATION OF WATER SUPPLY STORAGE

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The segment of Jordan Lake proposed for a water supply withdrawal must be
				  classified by the Commission as a drinking water source prior to any allocation
				  of Jordan Lake water supply storage. Prior to the first allocation of water
				  supply storage at Jordan Lake, the Commission shall hold one or more public
				  meetings on the amount(s) requested by each applicant, the suitability of
				  Jordan Lake water for public water supply use, the availability of alternative
				  water sources, and the best utilization of the water resources of the region.
				  For future allocation decisions, additional public meetings may be held as
				  determined by the Commission.
(b)
				  The Commission will assign Level I allocations of Jordan Lake water supply
				  storage based on an intent to begin withdrawing water within five years of the
				  effective date of allocation, on consideration of projected water supply needs
				  for a period not to exceed 20 years, and on the design capacity of the
				  associated withdrawal and treatment facilities.
(c) The Commission will make Level II
				  allocations of Jordan Lake water supply to applicants based on projected water
				  supply needs for a period not to exceed 30 years.
(d) The Commission will initially keep 50
				  percent of the water supply storage unallocated to meet future water supply
				  needs as they develop.
(e) If
				  additional storage is requested by holders of Level II allocations, these
				  parties must submit an application addendum to the Commission for
				  review.
(f) When holders of Level
				  II allocations have documented an immediate need and wish to commence
				  withdrawals within five years, their Level II allocations will be changed to
				  Level I upon review and approval by the Commission.
(g) The department will issue a notice that
				  it has received applications for Level I and Level II allocations and requests
				  for increases in allocations, with a 30-day period for comment. If there is
				  significant public interest, the department may hold a public meeting to obtain
				  comments and information, with appropriate notice.
(h) To protect the yield of Jordan Lake for
				  water supply and water quality purposes, the Commission will limit water supply
				  allocations that will result in diversions out of the lake's watershed to 50
				  percent of the total water supply yield. The Commission may review and revise
				  this limit based on experience in managing the lake and on the effects of
				  changes in the lake's watershed that will affect its yield. For applicants
				  whose discharge or intake represents a diversion pursuant to
				  G.S.
				  153A-285 or
				  162A-7, the Commission will
				  coordinate the review of the diversion with the review of the allocation
				  request.
(i) Where applications for
				  allocations exceed storage capacity, the Commission will assign, reassign, or
				  transfer allocations based on the applicants' or holders' need(s) and
				  alternative water sources available (as defined in the application
				  requirements), the existing or proposed average degree of utilization of the
				  resource (relative to the total allocation application), the level of financial
				  commitment (relative to the applicant's or holder's total costs in developing
				  Jordan Lake as a water supply source), the effects on the lake's yield, and the
				  level of sharing facilities or other cooperative arrangements with other local
				  governments.
Authority
					 G.S.
					 143-54(a)(11);
					 143-215.3(a)(1);
					 143B-282;
					 153A-285;
					 162A-7;
Eff. March
					 1, 1988;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. February 16,
					 2019.