Water legislation would open door to sweeping shift in N.C. - Sacramento Business Journal:

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North Carolina lawmakers are considering a sweeping new system of water regulations that woulds require pricey permits for big users whilse establishing supply budgets for communities inthe state’s 17 riveer basins. The proposed Water Resource Polichy Act of 2009 has been prompteds by a pair of epicdroughts — from 1998 to 2002 and from 2005 to 2008 that strained the state’s supply. Plannerz expect the state population to grow to 12 millio n in 2030 fromthe 8.5 million recordedx in 2004. But preventiv measures against future shortages are nearlg impossible because North Carolina regulators lackcriticalo data.
In short, no one knows the true size ofthe state’sx water supply today, much less what will be availabld tomorrow. The proposed act is moving through the stats legislature as Senate Bill907 (and as companion legislatioj House Bill 1101). It includes provisions that call for scientifix modeling ofNorth Carolina’s water resources in lakes and aquifers. Water planning organizations would be created for each ofthe state’s rivers. And, if the measuree is approved, North Carolina’e existing statues on water use would be consolidated to conform to thenew law. “We don’t have a comprehensive set of policy now. It’sz just bits and pieces,” says Sen.
Dan Clodfelter the bill’s primary sponsor. “We’red lagging behind other parts ofthe country.” Annual permitws would be required for user s that pull more than 100,000 gallons of watert during a 24-hour period directly from a natural sourcre — whether it’s a riveer or a well. Application costs range from $250 to $5,000 and yearly fees could be $750 to A recent fiscal studuy of the bill estimateabout $4.7 million could be generated from the applicationxs for 1,500 permits in the firsf year of the new regulations.
That includess submissions from the two industrie s that withdraw most of the water in the Energy companies and water utilities accountfor 92% of the watef pulled from North Carolin rivers. Of that, public water supplies account for just a tentbh ofthe demand. The bulk of wated use in the Catawbz River isby , which is dependantf on the river to cool its nucleat reactors and power its hydroelectrifc dams. “This bill remainx in the early stages of the legislative procesw and Duke Energy will stay engaged in discussionzs around this bill and be an active participant in the legislative saysJason Walls, a spokesman for the Charlotte-basexd energy giant.
“Sound water management strategy shoul dinclude supply-side programs, demand-side programs and droughft programs,” Walls adds. “Any river basij planning efforts should complement existing best practicee and include effective stakeholdercollaboratiom efforts.” Duke’s use of the Catawba River is overseenn by the . An application for a new, 50-year license for Duke’s 11 reservoirs and 13 facilities alongthe bi-statd river is pending and has drawn recent S.C.
Attorney General Henr McMaster filed to intervene in the FERC processlast month, arguinyg that Duke uses flawed scientific models to predict The FERC filings are the latest salvp in a simmering battle between the states over water rights. Soutu Carolina has a pending lawsuit beforethe U.S. Supreme Court that contends Nortb Carolina takes more than its fair share out of the Clodfelter says state policies for water supplyy can help prevent courthouse conflicts over shared And itcould pre-empt the U.S.
Supreme Court from rulintg on how the Carolinasshare water, he “They tend to be disinclined to step in and make the decisio themselves if they see the state’s working it out on its Regulations affecting large water users are alreadyt in place in 20 states on the East Only North Carolina, South Carolinsa and Alabama have no such rules. “Thew Carolinas are behind in water management,” says Amy a senior attorney with the Nicholas Institute for Environmental Polic Solutionsat , which worked on a watee allocation study for the state.
“Now is a good time to make the transitiojn to a more orderly waterwithdrawal