§143‑215.15. Permits for water use within capacity use areas Procedures.
(a) In areas declaredby the Commission to be capacity use areas no person shall (after theexpiration of such period, not in excess of six months, as the Commission maydesignate) withdraw, obtain, or utilize surface waters or groundwaters or both,as the case may be, in excess of 100,000 gallons per day for any purpose unlesssuch person shall first obtain a permit therefor from the Commission.
(b) When sufficientevidence is provided by the applicant that the water withdrawn or used from astream or the ground is not consumptively used, a permit therefor shall beissued by the Commission without a hearing and without the conditions providedin subsection (c) of this section. Applications for such permits shall setforth such facts as the Commission shall deem necessary to enable it toestablish and maintain adequate records of all water uses within the capacityuse area.
(c) In all cases inwhich sufficient evidence of a nonconsumptive use is not presented theDepartment shall notify each person required by this Part to secure a permit ofthe Commission's proposed action concerning such permit, and shall transmitwith such notice a copy of any permit it proposes to issue to such persons,which permit will become final unless a request for a hearing is made within 15days from the date of service of such notice. If sufficient evidence of anonconsumptive use is not presented, the Commission may: (i) grant such permitwith conditions as the Commission deems necessary to implement the rulesadopted pursuant to G.S. 143‑215.14; (ii) grant any temporary permit forsuch period of time as the Commission shall specify where conditions make suchtemporary permit essential, even though the action allowed by such permit maynot be consistent with the Commission's rules applicable to such capacity usearea; (iii) modify or revoke any permit upon not less than 60 days' writtennotice to any person affected; and (iv) deny such permit if the applicationtherefor or the effect of the water use proposed or described therein upon thewater resources of the area is found to be contrary to public interest. Beforeissuing a permit under this subsection, the Commission shall notify the permitapplicant of its proposed action by sending the permit applicant a copy of thepermit the Commission proposes to issue. Unless the permit applicant conteststhe proposed permit, the proposed permit shall become effective on the date setin the proposed permit. A water user who is dissatisifed with a decision ofthe Commission concerning that user's or another user's permit application orpermit may commence a contested case under G.S. 150B‑23.
(d) The Commissionshall give notice of receipt of an application for a permit under this Part toall other holders of permits and applicants for permits under this Part withinthe same capacity use area, and to all other persons who have requested to benotified of permit applications. Notice of receipt of an application shall begiven within 10 days of the receipt of the application by the Commission. TheCommission shall also give notice of its proposed action on any permitapplication under this Part to all permit holders or permit applicants withinthe same capacity use area at least 18 days prior to the effective date of theproposed action. Notices of receipt of applications for permits and notice ofproposed action on permits shall be by first‑class mail and shall beeffective upon depositing the notice, postage prepaid, in the United Statesmail.
(e) Repealed by SessionLaws 1981, c. 585, s. 8.
(f) (1) Recodifiedas G.S. 143‑215.4(d) by Session Laws 1987, c. 827, s. 169.
(2), (3) Repealed bySession Laws 1987, c. 827, s. 169.
(g) Repealed by SessionLaws 1987, c. 827, s. 169.
(h) In determiningwhether to issue, modify, revoke, or deny a permit under this section, theCommission shall consider:
(1) The number ofpersons using an aquifer or stream and the object, extent and necessity oftheir respective withdrawals or uses;
(2) The nature and sizeof the stream or aquifer;
(3) The physical andchemical nature of any impairment of the aquifer or stream, adversely affectingits availability or fitness for other water uses (including public use);
(4) The probableseverity and duration of such impairment under foreseeable conditions;
(5) The injury to publichealth, safety or welfare which would result if such impairment were notprevented or abated;
(6) The kinds ofbusinesses or activities to which the various uses are related;
(7) The importance andnecessity of the uses claimed by permit applicants (under this section), or ofthe water uses of the area (under G.S. 143‑215.14) and the extent of anyinjury or detriment caused or expected to be caused to other water uses(including public use);
(8) Diversion from orreduction of flows in other watercourses or aquifers; and
(9) Any other relevantfactors. (1967, c. 933, s. 5; 1973, c. 108, s. 89; c. 698, s.15; c. 1262, s. 23; 1977, c. 771, s. 4; 1981, c. 585, ss. 6‑10; 1987, c.827, ss. 154, 169.)
§143‑215.15. Permits for water use within capacity use areas Procedures.
(a) In areas declaredby the Commission to be capacity use areas no person shall (after theexpiration of such period, not in excess of six months, as the Commission maydesignate) withdraw, obtain, or utilize surface waters or groundwaters or both,as the case may be, in excess of 100,000 gallons per day for any purpose unlesssuch person shall first obtain a permit therefor from the Commission.
(b) When sufficientevidence is provided by the applicant that the water withdrawn or used from astream or the ground is not consumptively used, a permit therefor shall beissued by the Commission without a hearing and without the conditions providedin subsection (c) of this section. Applications for such permits shall setforth such facts as the Commission shall deem necessary to enable it toestablish and maintain adequate records of all water uses within the capacityuse area.
(c) In all cases inwhich sufficient evidence of a nonconsumptive use is not presented theDepartment shall notify each person required by this Part to secure a permit ofthe Commission's proposed action concerning such permit, and shall transmitwith such notice a copy of any permit it proposes to issue to such persons,which permit will become final unless a request for a hearing is made within 15days from the date of service of such notice. If sufficient evidence of anonconsumptive use is not presented, the Commission may: (i) grant such permitwith conditions as the Commission deems necessary to implement the rulesadopted pursuant to G.S. 143‑215.14; (ii) grant any temporary permit forsuch period of time as the Commission shall specify where conditions make suchtemporary permit essential, even though the action allowed by such permit maynot be consistent with the Commission's rules applicable to such capacity usearea; (iii) modify or revoke any permit upon not less than 60 days' writtennotice to any person affected; and (iv) deny such permit if the applicationtherefor or the effect of the water use proposed or described therein upon thewater resources of the area is found to be contrary to public interest. Beforeissuing a permit under this subsection, the Commission shall notify the permitapplicant of its proposed action by sending the permit applicant a copy of thepermit the Commission proposes to issue. Unless the permit applicant conteststhe proposed permit, the proposed permit shall become effective on the date setin the proposed permit. A water user who is dissatisifed with a decision ofthe Commission concerning that user's or another user's permit application orpermit may commence a contested case under G.S. 150B‑23.
(d) The Commissionshall give notice of receipt of an application for a permit under this Part toall other holders of permits and applicants for permits under this Part withinthe same capacity use area, and to all other persons who have requested to benotified of permit applications. Notice of receipt of an application shall begiven within 10 days of the receipt of the application by the Commission. TheCommission shall also give notice of its proposed action on any permitapplication under this Part to all permit holders or permit applicants withinthe same capacity use area at least 18 days prior to the effective date of theproposed action. Notices of receipt of applications for permits and notice ofproposed action on permits shall be by first‑class mail and shall beeffective upon depositing the notice, postage prepaid, in the United Statesmail.
(e) Repealed by SessionLaws 1981, c. 585, s. 8.
(f) (1) Recodifiedas G.S. 143‑215.4(d) by Session Laws 1987, c. 827, s. 169.
(2), (3) Repealed bySession Laws 1987, c. 827, s. 169.
(g) Repealed by SessionLaws 1987, c. 827, s. 169.
(h) In determiningwhether to issue, modify, revoke, or deny a permit under this section, theCommission shall consider:
(1) The number ofpersons using an aquifer or stream and the object, extent and necessity oftheir respective withdrawals or uses;
(2) The nature and sizeof the stream or aquifer;
(3) The physical andchemical nature of any impairment of the aquifer or stream, adversely affectingits availability or fitness for other water uses (including public use);
(4) The probableseverity and duration of such impairment under foreseeable conditions;
(5) The injury to publichealth, safety or welfare which would result if such impairment were notprevented or abated;
(6) The kinds ofbusinesses or activities to which the various uses are related;
(7) The importance andnecessity of the uses claimed by permit applicants (under this section), or ofthe water uses of the area (under G.S. 143‑215.14) and the extent of anyinjury or detriment caused or expected to be caused to other water uses(including public use);
(8) Diversion from orreduction of flows in other watercourses or aquifers; and
(9) Any other relevantfactors. (1967, c. 933, s. 5; 1973, c. 108, s. 89; c. 698, s.15; c. 1262, s. 23; 1977, c. 771, s. 4; 1981, c. 585, ss. 6‑10; 1987, c.827, ss. 154, 169.)
§143‑215.15. Permits for water use within capacity use areas Procedures.
(a) In areas declaredby the Commission to be capacity use areas no person shall (after theexpiration of such period, not in excess of six months, as the Commission maydesignate) withdraw, obtain, or utilize surface waters or groundwaters or both,as the case may be, in excess of 100,000 gallons per day for any purpose unlesssuch person shall first obtain a permit therefor from the Commission.
(b) When sufficientevidence is provided by the applicant that the water withdrawn or used from astream or the ground is not consumptively used, a permit therefor shall beissued by the Commission without a hearing and without the conditions providedin subsection (c) of this section. Applications for such permits shall setforth such facts as the Commission shall deem necessary to enable it toestablish and maintain adequate records of all water uses within the capacityuse area.
(c) In all cases inwhich sufficient evidence of a nonconsumptive use is not presented theDepartment shall notify each person required by this Part to secure a permit ofthe Commission's proposed action concerning such permit, and shall transmitwith such notice a copy of any permit it proposes to issue to such persons,which permit will become final unless a request for a hearing is made within 15days from the date of service of such notice. If sufficient evidence of anonconsumptive use is not presented, the Commission may: (i) grant such permitwith conditions as the Commission deems necessary to implement the rulesadopted pursuant to G.S. 143‑215.14; (ii) grant any temporary permit forsuch period of time as the Commission shall specify where conditions make suchtemporary permit essential, even though the action allowed by such permit maynot be consistent with the Commission's rules applicable to such capacity usearea; (iii) modify or revoke any permit upon not less than 60 days' writtennotice to any person affected; and (iv) deny such permit if the applicationtherefor or the effect of the water use proposed or described therein upon thewater resources of the area is found to be contrary to public interest. Beforeissuing a permit under this subsection, the Commission shall notify the permitapplicant of its proposed action by sending the permit applicant a copy of thepermit the Commission proposes to issue. Unless the permit applicant conteststhe proposed permit, the proposed permit shall become effective on the date setin the proposed permit. A water user who is dissatisifed with a decision ofthe Commission concerning that user's or another user's permit application orpermit may commence a contested case under G.S. 150B‑23.
(d) The Commissionshall give notice of receipt of an application for a permit under this Part toall other holders of permits and applicants for permits under this Part withinthe same capacity use area, and to all other persons who have requested to benotified of permit applications. Notice of receipt of an application shall begiven within 10 days of the receipt of the application by the Commission. TheCommission shall also give notice of its proposed action on any permitapplication under this Part to all permit holders or permit applicants withinthe same capacity use area at least 18 days prior to the effective date of theproposed action. Notices of receipt of applications for permits and notice ofproposed action on permits shall be by first‑class mail and shall beeffective upon depositing the notice, postage prepaid, in the United Statesmail.
(e) Repealed by SessionLaws 1981, c. 585, s. 8.
(f) (1) Recodifiedas G.S. 143‑215.4(d) by Session Laws 1987, c. 827, s. 169.
(2), (3) Repealed bySession Laws 1987, c. 827, s. 169.
(g) Repealed by SessionLaws 1987, c. 827, s. 169.
(h) In determiningwhether to issue, modify, revoke, or deny a permit under this section, theCommission shall consider:
(1) The number ofpersons using an aquifer or stream and the object, extent and necessity oftheir respective withdrawals or uses;
(2) The nature and sizeof the stream or aquifer;
(3) The physical andchemical nature of any impairment of the aquifer or stream, adversely affectingits availability or fitness for other water uses (including public use);
(4) The probableseverity and duration of such impairment under foreseeable conditions;
(5) The injury to publichealth, safety or welfare which would result if such impairment were notprevented or abated;
(6) The kinds ofbusinesses or activities to which the various uses are related;
(7) The importance andnecessity of the uses claimed by permit applicants (under this section), or ofthe water uses of the area (under G.S. 143‑215.14) and the extent of anyinjury or detriment caused or expected to be caused to other water uses(including public use);
(8) Diversion from orreduction of flows in other watercourses or aquifers; and
(9) Any other relevantfactors. (1967, c. 933, s. 5; 1973, c. 108, s. 89; c. 698, s.15; c. 1262, s. 23; 1977, c. 771, s. 4; 1981, c. 585, ss. 6‑10; 1987, c.827, ss. 154, 169.)
