(1) Purpose. The
purpose of Section
391-3-6-.25 is to provide minimum
uniform statewide regulations for the issuance of any permit for the use of
water based on 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) "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;
(b) "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;
(c)
"Offstream uses" means the purposes for which water is withdrawn from streams,
rivers, lakes, or aquifers;
(d)
"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;
(e) "Water Planning
Region" is a defined area that includes one or more water quantity and/or
quality resources;
(f) "Water
resource" is a body of surface water or groundwater that is available or
potentially available for offstream 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;
(4) Use by Division of adopted Regional Water
Development and Conservation Plans.
(a) As
provided in O.C.G.A. §§
12-5-31,
12-5-96, and
12-5-522, the Director shall
ensure that the issuance of any permit for the use of water is based upon the
Comprehensive State-wide Water Management Plan and all applicable Water
Development and Conservation Plans. Additionally, any political subdivision or
local water authority not in compliance with the Comprehensive State-wide Water
Management Plan shall be ineligible for state grants or loans for water
projects, except for those projects designed to bring such political
subdivision or local water authority into compliance with the plan.
Authority O.C.G.A.
Secs. 12-5-20
et seq.,
12-5-31,
12-5-90
et seq.,
12-5-96,
12-5-520
et
seq.
