§ 143‑215.22H. Registration of water withdrawals and transfers required.
(a) Any person whowithdraws 100,000 gallons per day or more of water from the surface orgroundwaters of the State or who transfers 100,000 gallons per day or more ofwater from one river basin to another shall register the withdrawal or transferwith the Commission. A person registering a water withdrawal or transfer shallprovide the Commission with the following information:
(1) The maximum dailyamount of the water withdrawal or transfer expressed in thousands of gallonsper day.
(1a) The monthly averagewithdrawal or transfer expressed in thousands of gallons per day.
(2) The location of thepoints of withdrawal and discharge and the capacity of each facility used tomake the withdrawal or transfer.
(3) The monthly averagedischarge expressed in thousands of gallons per day.
(b) Any personinitiating a new water withdrawal or transfer of 100,000 gallons per day ormore shall register the withdrawal or transfer with the Commission not laterthan two months after the initiation of the withdrawal or transfer. Theinformation required under subsection (a) of this section shall be submittedwith respect to the new withdrawal or transfer.
(b1) Subsections (a) and(b) of this section shall not apply to a person who withdraws or transfers lessthan 1,000,000 gallons per day of water for activities directly related orincidental to the production of crops, fruits, vegetables, ornamental andflowering plants, dairy products, livestock, poultry, and other agriculturalproducts, or to the creation or maintenance of waterfowl impoundments.
(b2) Registration of awithdrawal or transfer of water under this section or information that isprovided by a water user pursuant to G.S. 106‑24 and authorized forrelease to the Commission by the individual water user may be used as evidenceof historic water use in the event that it becomes necessary or desirable toallocate available water resources among specific classes, persons, orindividuals who use water resources.
(c) A unit of localgovernment that has completed a local water supply plan that meets therequirements of G.S. 143‑355(l) and that has periodically revised andupdated its plan as required by the Department has satisfied the requirementsof this section and is not required to separately register a water withdrawalor transfer or to update a registration under this section.
(d) Any person who isrequired to register a water withdrawal or transfer under this section shallupdate the registration by providing the Commission with a current version ofthe information required by subsection (a) of this section at five‑yearintervals following the initial registration. A person who submits informationto update a registration of a water withdrawal or transfer is not required topay an additional registration fee under G.S. 143‑215.3(a)(1a) and G.S.143‑215.3(a)(1b), but is subject to the civil penalty established underthis section in the event that updated information is not submitted as requiredby this subsection.
(e) Any person who isrequired to register a water transfer or withdrawal under this section andfails to do so shall pay, in addition to the registration fee required underG.S. 143‑215.3(a)(1a) and G.S. 143‑215.3(a)(1b), a civil penalty ofone hundred dollars ($100.00). A person who is required to update aregistration under this section and fails to do so shall pay a civil penalty offifty dollars ($50.00). For each willful action or failure to act for which apenalty may be assessed under this subsection, the Commission may consider eachday the action or inaction continues after notice is given of the violation asa separate violation. A separate penalty may be assessed for each separateviolation. (1991,c. 712, s. 1; 1993, c. 344, s. 1; c. 553, s. 81; 1998‑168, s. 3; 2008‑143,s. 1; 2008‑198, s. 11.6.)
§ 143‑215.22H. Registration of water withdrawals and transfers required.
(a) Any person whowithdraws 100,000 gallons per day or more of water from the surface orgroundwaters of the State or who transfers 100,000 gallons per day or more ofwater from one river basin to another shall register the withdrawal or transferwith the Commission. A person registering a water withdrawal or transfer shallprovide the Commission with the following information:
(1) The maximum dailyamount of the water withdrawal or transfer expressed in thousands of gallonsper day.
(1a) The monthly averagewithdrawal or transfer expressed in thousands of gallons per day.
(2) The location of thepoints of withdrawal and discharge and the capacity of each facility used tomake the withdrawal or transfer.
(3) The monthly averagedischarge expressed in thousands of gallons per day.
(b) Any personinitiating a new water withdrawal or transfer of 100,000 gallons per day ormore shall register the withdrawal or transfer with the Commission not laterthan two months after the initiation of the withdrawal or transfer. Theinformation required under subsection (a) of this section shall be submittedwith respect to the new withdrawal or transfer.
(b1) Subsections (a) and(b) of this section shall not apply to a person who withdraws or transfers lessthan 1,000,000 gallons per day of water for activities directly related orincidental to the production of crops, fruits, vegetables, ornamental andflowering plants, dairy products, livestock, poultry, and other agriculturalproducts, or to the creation or maintenance of waterfowl impoundments.
(b2) Registration of awithdrawal or transfer of water under this section or information that isprovided by a water user pursuant to G.S. 106‑24 and authorized forrelease to the Commission by the individual water user may be used as evidenceof historic water use in the event that it becomes necessary or desirable toallocate available water resources among specific classes, persons, orindividuals who use water resources.
(c) A unit of localgovernment that has completed a local water supply plan that meets therequirements of G.S. 143‑355(l) and that has periodically revised andupdated its plan as required by the Department has satisfied the requirementsof this section and is not required to separately register a water withdrawalor transfer or to update a registration under this section.
(d) Any person who isrequired to register a water withdrawal or transfer under this section shallupdate the registration by providing the Commission with a current version ofthe information required by subsection (a) of this section at five‑yearintervals following the initial registration. A person who submits informationto update a registration of a water withdrawal or transfer is not required topay an additional registration fee under G.S. 143‑215.3(a)(1a) and G.S.143‑215.3(a)(1b), but is subject to the civil penalty established underthis section in the event that updated information is not submitted as requiredby this subsection.
(e) Any person who isrequired to register a water transfer or withdrawal under this section andfails to do so shall pay, in addition to the registration fee required underG.S. 143‑215.3(a)(1a) and G.S. 143‑215.3(a)(1b), a civil penalty ofone hundred dollars ($100.00). A person who is required to update aregistration under this section and fails to do so shall pay a civil penalty offifty dollars ($50.00). For each willful action or failure to act for which apenalty may be assessed under this subsection, the Commission may consider eachday the action or inaction continues after notice is given of the violation asa separate violation. A separate penalty may be assessed for each separateviolation. (1991,c. 712, s. 1; 1993, c. 344, s. 1; c. 553, s. 81; 1998‑168, s. 3; 2008‑143,s. 1; 2008‑198, s. 11.6.)
§ 143‑215.22H. Registration of water withdrawals and transfers required.
(a) Any person whowithdraws 100,000 gallons per day or more of water from the surface orgroundwaters of the State or who transfers 100,000 gallons per day or more ofwater from one river basin to another shall register the withdrawal or transferwith the Commission. A person registering a water withdrawal or transfer shallprovide the Commission with the following information:
(1) The maximum dailyamount of the water withdrawal or transfer expressed in thousands of gallonsper day.
(1a) The monthly averagewithdrawal or transfer expressed in thousands of gallons per day.
(2) The location of thepoints of withdrawal and discharge and the capacity of each facility used tomake the withdrawal or transfer.
(3) The monthly averagedischarge expressed in thousands of gallons per day.
(b) Any personinitiating a new water withdrawal or transfer of 100,000 gallons per day ormore shall register the withdrawal or transfer with the Commission not laterthan two months after the initiation of the withdrawal or transfer. Theinformation required under subsection (a) of this section shall be submittedwith respect to the new withdrawal or transfer.
(b1) Subsections (a) and(b) of this section shall not apply to a person who withdraws or transfers lessthan 1,000,000 gallons per day of water for activities directly related orincidental to the production of crops, fruits, vegetables, ornamental andflowering plants, dairy products, livestock, poultry, and other agriculturalproducts, or to the creation or maintenance of waterfowl impoundments.
(b2) Registration of awithdrawal or transfer of water under this section or information that isprovided by a water user pursuant to G.S. 106‑24 and authorized forrelease to the Commission by the individual water user may be used as evidenceof historic water use in the event that it becomes necessary or desirable toallocate available water resources among specific classes, persons, orindividuals who use water resources.
(c) A unit of localgovernment that has completed a local water supply plan that meets therequirements of G.S. 143‑355(l) and that has periodically revised andupdated its plan as required by the Department has satisfied the requirementsof this section and is not required to separately register a water withdrawalor transfer or to update a registration under this section.
(d) Any person who isrequired to register a water withdrawal or transfer under this section shallupdate the registration by providing the Commission with a current version ofthe information required by subsection (a) of this section at five‑yearintervals following the initial registration. A person who submits informationto update a registration of a water withdrawal or transfer is not required topay an additional registration fee under G.S. 143‑215.3(a)(1a) and G.S.143‑215.3(a)(1b), but is subject to the civil penalty established underthis section in the event that updated information is not submitted as requiredby this subsection.
(e) Any person who isrequired to register a water transfer or withdrawal under this section andfails to do so shall pay, in addition to the registration fee required underG.S. 143‑215.3(a)(1a) and G.S. 143‑215.3(a)(1b), a civil penalty ofone hundred dollars ($100.00). A person who is required to update aregistration under this section and fails to do so shall pay a civil penalty offifty dollars ($50.00). For each willful action or failure to act for which apenalty may be assessed under this subsection, the Commission may consider eachday the action or inaction continues after notice is given of the violation asa separate violation. A separate penalty may be assessed for each separateviolation. (1991,c. 712, s. 1; 1993, c. 344, s. 1; c. 553, s. 81; 1998‑168, s. 3; 2008‑143,s. 1; 2008‑198, s. 11.6.)
