Current through Rules and Regulations filed through December 18, 2024
(1) Definitions. Notwithstanding the
definitions provided in
391-3-28-.02, the following terms
as used in this rule shall be interpreted in accordance with definitions as set
forth in the relevant sections of the Flint River Drought Protection Act and as
defined herein:
(a) 'Permittee' means any
person holding a valid farm use permit within the affected areas issued
pursuant to Code Section
12-5-31 or
12-5-96, which respectively
provide for the withdrawal of groundwater and surface water.
(b) 'Irrigation system' means any center
pivot, lateral (linear) move, traveling gun, solid set, permanent set, mobile,
micro, drip, cable-tow traveler or hose-pull traveler, or other water delivery
system used for irrigation purposes operating under the Division's farm water
withdrawal permitting requirement.
(c) 'Mobile irrigation system' means any
traveling gun, cable-tow traveler or hose-pull traveler operating under the
Division's water withdrawal permitting requirement.
(2) Irrigation System Efficiencies
(a) All irrigation systems applying water
withdrawn pursuant to active surface water and groundwater withdrawal permits
for farm use in the affected areas are required to achieve irrigation
efficiencies of 80 percent or greater. These irrigation efficiencies shall be
achieved:
1.By January 1, 2016 for all
irrigation systems applying water withdrawn pursuant to active permits issued
on or after January 1, 2006;
2.By
January 1, 2018 for all irrigation systems applying water withdrawn pursuant to
active permits issued from 1991 through 2005; and
3.By January 1, 2020 for all irrigation
systems applying water withdrawn pursuant to active permits issued before
1991.
(b)
Notwithstanding (a) above, all mobile irrigation systems and solid-set
irrigation sprinklers operating under active surface water and groundwater
withdrawal permits for farm use in the affected areas are required to achieve
irrigation efficiencies of 60 percent or greater. These irrigation efficiencies
shall be achieved:
1.By January 1, 2016 for
irrigation systems applying water withdrawn pursuant to active permits issued
on or after January 1, 2006;
2.By
January 1, 2018 for irrigation systems applying water withdrawn pursuant to
active permits issued from 1991 through 2005; and
3.By January 1, 2020 for irrigation systems
applying water withdrawn pursuant to active permits issued before
1991.
(c) All irrigation
systems applying water withdrawn pursuant to new farm use permits issued after
the effective date of this rule must, upon permit issuance, meet an irrigation
efficiency of 80 percent. Notwithstanding the 80 percent irrigation efficiency
requirement, all mobile irrigation systems and solid-set irrigation sprinklers
applying water withdrawn pursuant to new farm use permits issued after the
effective date of this rule must, upon permit issuance, meet an irrigation
efficiency of 60 percent.
(d)
Animal Feeding Operations and Concentrated Animal Feeding Operations. For all
agricultural irrigation system operations that require a farm use surface water
permit from the Division to withdraw from a waste water lagoon for land
application to a spray field, appropriate best management practices will be
employed to land apply the effluent uniformly at an appropriate nutrient
agronomic rate. An appropriate nutrient agronomic rate may be specified in an
approved nutrient management plan for animal feeding and concentrated animal
feeding operations that operate under an NPDES or LAS permit.
(e) All new or modified permits issued by the
Director shall follow applicable rules and guidance, including any applicable
regional water development and conservation plans developed pursuant to
O.C.G.A. §
12-5-31 and O.C.G.A. §
12-5-96.
(3) Certification of Irrigation System
Efficiencies.
(a) Certification of irrigation
system efficiencies will be conducted in accordance with certification forms
specified by the Division. Such certification forms shall consider current
technologies, best management practices, and the effects of soil type and
topography, among other factors deemed necessary.
1.All permittees shall complete a
certification of irrigation system efficiency using certification forms
specified by the Division by the deadlines listed under sections (2)(a) and
(2)(b).
2.The certification of
irrigation system efficiency will be kept by the permittee, and provided to the
Division upon the request of the Division. Any permittee may provide a
certification of irrigation system efficiency to the Division prior to the
deadlines listed under sections (2)(a) and (2)(b).
3.All applications for new farm use permits
submitted on or after the effective date of this rule must provide a
certification of irrigation system efficiency to the Division.
(b) To be certified, all
irrigation systems must incorporate a leak correction and operational
maintenance procedure. In addition, all center pivot and lateral (linear) move
irrigation systems must incorporate an operational pump safety shutdown or any
other device that halts water flow in the event of irrigation system
failure.
(c) Certifications of
irrigation system efficiencies may be submitted by the applicant, or on behalf
of the applicant by an irrigation system manufacturer, agent of the Division,
or any agent of the Georgia Department of Agriculture, Georgia Soil and Water
Conservation Commission, or University of Georgia County Extension
Service.
(4) The
Division shall coordinate with any federal or state agencies, or other entities
deemed appropriate by the Division, that offer incentive programs aimed at
improving the efficiency of irrigation systems. Such coordination will identify
opportunities to refine and target relevant incentive programs as practicable
to assist permittees with achieving irrigation efficiency
requirements.
O.C.G.A. §
12-5-540
et
seq.