§ 143‑215.16. Permits for water use within capacity use areas duration, transfer,reporting, measurement, present use, fees and penalties.
(a) No permit under G.S. 143‑215.15 shall be issued for alonger period than the longest of the following: (i) 10 years, or (ii) theduration of the existence of a capacity use area, or (iii) the period found bythe Commission to be necessary for reasonable amortization of the applicant'swater‑withdrawal and water‑using facilities. Permits may be renewedfollowing their expiration upon compliance with the provisions of G.S. 143‑215.15.
(b) Permits shall not be transferred except with the approval ofthe Commission.
(c) Every person in a capacity use area who is required by thisPart to secure a permit shall file with the Commission in the manner prescribedby the Commission a certified statement of quantities of water used andwithdrawn, sources of water, and the nature of the use thereof not morefrequently than 30‑day intervals. Such statements shall be filed on formsfurnished by the Department within 90 days after the adoption of an order bythe Commission declaring a capacity use area. Water users in a capacity usearea not required to secure a permit shall comply with procedures establishedto protect and manage the water resources of the area. Such procedures shall beadapted to the specific needs of the area, shall be within the provisions ofthis and other North Carolina water resource acts, and shall be adopted afterpublic hearing in the area. The requirements embodied in the two precedingsentences shall not apply to individual domestic water use.
(d) If any person who is required to secure a permit under thisPart is unable to furnish accurate information concerning amounts of waterbeing withdrawn or used, or if there is evidence that his certified statementis false or inaccurate or that he is withdrawing or using a larger quantity ofwater or under different conditions than has been authorized by the Commission,the Commission shall have the authority to require such person to install watermeters, or some other more economical means for measuring water use acceptableto the Commission. In determining the amount of water being withdrawn or usedby a permit holder or applicant the Commission may use the rated capacity ofhis pumps, the rated capacity of his cooling system, data furnished by theapplicant, or the standards or methods employed by the United States GeologicalSurvey in determining such quantities or by any other accepted method.
(e) In any case where a permit applicant can prove to theCommission's satisfaction that the applicant was withdrawing or using waterprior to the date of declaration of a capacity use area, the Commission shalltake into consideration the extent to which such prior use or withdrawal wasreasonably necessary in the judgment of the Commission to meet its needs, andshall grant a permit which shall meet those reasonable needs. Provided,however, that the granting of such permit shall not have unreasonably adverseeffects upon other water uses in the area, including public use, and includingpotential as well as present use.
(f) The Commission shall also take into consideration in thegranting of any permit the prior investments of any person in lands, and plansfor the usage of water in connection with such lands which plans have beensubmitted to the Commission within a reasonable time after June 27, 1967.Provided, however, that the granting of such permit shall not have unreasonablyadverse effects upon other water uses in the area, including public use, andincluding potential as well as present use.
(g) It is the intention of the General Assembly that if theprovisions of subsection (e) or subsection (f) of this section are held invalidas a grant of an exclusive or separate emolument or privilege, within themeaning of Article I, Sec. 7 of the North Carolina Constitution, the remainderof this Part shall be given effect without the invalid provision or provisions.
(h) Pending the issuance or denial of a permit pursuant to subsection(e) or (f) of this section, the applicant may continue the same withdrawal oruse which existed prior to the date of declaration of the capacity use area. (1967, c. 933, s. 6; 1973, c. 1262, s. 23; 1977, c.771, s. 4; 1987, c. 827, s. 154.)
§ 143‑215.16. Permits for water use within capacity use areas duration, transfer,reporting, measurement, present use, fees and penalties.
(a) No permit under G.S. 143‑215.15 shall be issued for alonger period than the longest of the following: (i) 10 years, or (ii) theduration of the existence of a capacity use area, or (iii) the period found bythe Commission to be necessary for reasonable amortization of the applicant'swater‑withdrawal and water‑using facilities. Permits may be renewedfollowing their expiration upon compliance with the provisions of G.S. 143‑215.15.
(b) Permits shall not be transferred except with the approval ofthe Commission.
(c) Every person in a capacity use area who is required by thisPart to secure a permit shall file with the Commission in the manner prescribedby the Commission a certified statement of quantities of water used andwithdrawn, sources of water, and the nature of the use thereof not morefrequently than 30‑day intervals. Such statements shall be filed on formsfurnished by the Department within 90 days after the adoption of an order bythe Commission declaring a capacity use area. Water users in a capacity usearea not required to secure a permit shall comply with procedures establishedto protect and manage the water resources of the area. Such procedures shall beadapted to the specific needs of the area, shall be within the provisions ofthis and other North Carolina water resource acts, and shall be adopted afterpublic hearing in the area. The requirements embodied in the two precedingsentences shall not apply to individual domestic water use.
(d) If any person who is required to secure a permit under thisPart is unable to furnish accurate information concerning amounts of waterbeing withdrawn or used, or if there is evidence that his certified statementis false or inaccurate or that he is withdrawing or using a larger quantity ofwater or under different conditions than has been authorized by the Commission,the Commission shall have the authority to require such person to install watermeters, or some other more economical means for measuring water use acceptableto the Commission. In determining the amount of water being withdrawn or usedby a permit holder or applicant the Commission may use the rated capacity ofhis pumps, the rated capacity of his cooling system, data furnished by theapplicant, or the standards or methods employed by the United States GeologicalSurvey in determining such quantities or by any other accepted method.
(e) In any case where a permit applicant can prove to theCommission's satisfaction that the applicant was withdrawing or using waterprior to the date of declaration of a capacity use area, the Commission shalltake into consideration the extent to which such prior use or withdrawal wasreasonably necessary in the judgment of the Commission to meet its needs, andshall grant a permit which shall meet those reasonable needs. Provided,however, that the granting of such permit shall not have unreasonably adverseeffects upon other water uses in the area, including public use, and includingpotential as well as present use.
(f) The Commission shall also take into consideration in thegranting of any permit the prior investments of any person in lands, and plansfor the usage of water in connection with such lands which plans have beensubmitted to the Commission within a reasonable time after June 27, 1967.Provided, however, that the granting of such permit shall not have unreasonablyadverse effects upon other water uses in the area, including public use, andincluding potential as well as present use.
(g) It is the intention of the General Assembly that if theprovisions of subsection (e) or subsection (f) of this section are held invalidas a grant of an exclusive or separate emolument or privilege, within themeaning of Article I, Sec. 7 of the North Carolina Constitution, the remainderof this Part shall be given effect without the invalid provision or provisions.
(h) Pending the issuance or denial of a permit pursuant to subsection(e) or (f) of this section, the applicant may continue the same withdrawal oruse which existed prior to the date of declaration of the capacity use area. (1967, c. 933, s. 6; 1973, c. 1262, s. 23; 1977, c.771, s. 4; 1987, c. 827, s. 154.)
§ 143‑215.16. Permits for water use within capacity use areas duration, transfer,reporting, measurement, present use, fees and penalties.
(a) No permit under G.S. 143‑215.15 shall be issued for alonger period than the longest of the following: (i) 10 years, or (ii) theduration of the existence of a capacity use area, or (iii) the period found bythe Commission to be necessary for reasonable amortization of the applicant'swater‑withdrawal and water‑using facilities. Permits may be renewedfollowing their expiration upon compliance with the provisions of G.S. 143‑215.15.
(b) Permits shall not be transferred except with the approval ofthe Commission.
(c) Every person in a capacity use area who is required by thisPart to secure a permit shall file with the Commission in the manner prescribedby the Commission a certified statement of quantities of water used andwithdrawn, sources of water, and the nature of the use thereof not morefrequently than 30‑day intervals. Such statements shall be filed on formsfurnished by the Department within 90 days after the adoption of an order bythe Commission declaring a capacity use area. Water users in a capacity usearea not required to secure a permit shall comply with procedures establishedto protect and manage the water resources of the area. Such procedures shall beadapted to the specific needs of the area, shall be within the provisions ofthis and other North Carolina water resource acts, and shall be adopted afterpublic hearing in the area. The requirements embodied in the two precedingsentences shall not apply to individual domestic water use.
(d) If any person who is required to secure a permit under thisPart is unable to furnish accurate information concerning amounts of waterbeing withdrawn or used, or if there is evidence that his certified statementis false or inaccurate or that he is withdrawing or using a larger quantity ofwater or under different conditions than has been authorized by the Commission,the Commission shall have the authority to require such person to install watermeters, or some other more economical means for measuring water use acceptableto the Commission. In determining the amount of water being withdrawn or usedby a permit holder or applicant the Commission may use the rated capacity ofhis pumps, the rated capacity of his cooling system, data furnished by theapplicant, or the standards or methods employed by the United States GeologicalSurvey in determining such quantities or by any other accepted method.
(e) In any case where a permit applicant can prove to theCommission's satisfaction that the applicant was withdrawing or using waterprior to the date of declaration of a capacity use area, the Commission shalltake into consideration the extent to which such prior use or withdrawal wasreasonably necessary in the judgment of the Commission to meet its needs, andshall grant a permit which shall meet those reasonable needs. Provided,however, that the granting of such permit shall not have unreasonably adverseeffects upon other water uses in the area, including public use, and includingpotential as well as present use.
(f) The Commission shall also take into consideration in thegranting of any permit the prior investments of any person in lands, and plansfor the usage of water in connection with such lands which plans have beensubmitted to the Commission within a reasonable time after June 27, 1967.Provided, however, that the granting of such permit shall not have unreasonablyadverse effects upon other water uses in the area, including public use, andincluding potential as well as present use.
(g) It is the intention of the General Assembly that if theprovisions of subsection (e) or subsection (f) of this section are held invalidas a grant of an exclusive or separate emolument or privilege, within themeaning of Article I, Sec. 7 of the North Carolina Constitution, the remainderof this Part shall be given effect without the invalid provision or provisions.
(h) Pending the issuance or denial of a permit pursuant to subsection(e) or (f) of this section, the applicant may continue the same withdrawal oruse which existed prior to the date of declaration of the capacity use area. (1967, c. 933, s. 6; 1973, c. 1262, s. 23; 1977, c.771, s. 4; 1987, c. 827, s. 154.)
