Flint River Basin Plan
Legislation and Guidelines
The Flint River Regional Water Development and Conservation Plan
is based on two statutes: the Water Quality Act and the Groundwater
Use Act. Specifically, the Water Quality Act states:
“In evaluating any application for a permit for the use
of water for a period of 25 years or more, the director shall
evaluate the condition of the water supply to assure that the
supply is adequate to meet the multiple needs of the citizens
of the state as can reasonably be projected for the term of the
permit and ensure that the issuance of such permit is
based upon a water development and conservation plan
for the applicant or for the region. Such water development
and conservation plan for the applicant or for the region
shall promote the conservation and reuse of water within the state,
guard against a shortage of water within the state, promote the
efficient use of the water resource, and be consistent with the
public welfare of the state.” (OCGA 12-5-31(h)).
Similar language is found in the Ground Water Use Act:
(e) The division or a party designated by the division may develop
a regional water development and conservation plan
for the state´s major aquifers or any portion thereof. Such
plan shall include water development, conservation, and sustainable
use and shall be based on detailed scientific analysis of the
aquifer, the projected future condition of the aquifer, and current
demand and estimated future demands on the aquifer…Upon
adoption of a regional plan, all permits issued by the division
shall be consistent with such plan. The term of any permit and
all provisions of any permit for which an application for renewal
is made prior to the completion of any regional plan shall be
extended at least until the completion of such plan. (OCGA 12-5-96(e)).
In Georgia, the environmental regulations are developed first by
the General Assembly, which creates statues or “Acts”.
The administration of these statutes is controlled by “Rules”,
which are created by the Board of Natural Resources and based closely
on the Acts. Water use permits in Georgia are governed by the Groundwater
Use Act (OCGA 12-5-90) and the Rules for Groundwater
Use (391-3-2), and the Water Quality Act (OCGA
12-5-20) and the Rules for Water Quality Control
(391-3-6). Both these sets of rules and acts govern the
issuance of all water withdrawal permits. Other pertinent Rules
and Statutes for the Flint River Basin are the Water Well
Standards Act (OCGA 12-5-120), which governs the drilling
of irrigation wells and the Flint River Drought Protection
Act (OCGA 12-5-540) and accompanying Rules for
the Lower Flint River Drought Protection (391-3-28), which
govern the Flint River “irrigation auctions” that take
place in extreme drought years like 2001 and 2002. The FRB Plan
must be written in such a way that it is consistent with all these
existing statutes and Rules.
All Georgia Rules and statutes relating to environmental protection
and the FRB Plan are available at the EPD web page: www.dnr.state.ga.us/dnr/environ
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