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

humojo.wordpress.com
North Carolina lawmakers are considering a sweeping new systen of water regulations that wouldc require pricey permits for big users while establishing suppluy budgets for communities inthe state’s 17 rivef basins. The proposed Watetr Resource Policy Act of 2009 has been promptef by a pair of epicdroughtds — from 1998 to 2002 and from 2005 to 2008 that strained the state’s supply. Plannerds expect the state population to grow to 12 million in 2030 fromthe 8.5 milliom recorded in 2004. But preventive measurezs against future shortages are nearly impossible because North Carolinaz regulators lackcritical data.
In short, no one knowa the true size ofthe state’s watefr supply today, much less what will be available tomorrow. The proposed act is movin g through the state legislature as Senate Bill907 (and as companio legislation House Bill 1101). It includes provisions that call for scientifidc modeling ofNorth Carolina’s water resources in lakes and aquifers. Water planning organizations woulxd be created for each ofthe state’sa rivers. And, if the measure is approved, Nortuh Carolina’s existing statues on watee use would be consolidated to conform to thenew law. “Wse don’t have a comprehensive set of policy now.
It’ss just bits and pieces,” says Sen. Dan Clodfelter (D-Mecklenburg), the bill’ds primary sponsor. “We’re lagginhg behind other parts ofthe country.” Annuall permits would be required for usera that pull more than 100,000 gallons of water durinv a 24-hour period directly from a natural sourcse — whether it’s a river or a Application costs range from $250 to $5,000p and yearly fees could be $750 to A recent fiscal studyy of the bill estimates abourt $4.
7 million could be generated from the applications for 1,500 permits in the first year of the new That includes submissions from the two industriese that withdraw most of the water in the Energy companies and water utilitiese account for 92% of the water pullerd from North Carolina rivers. Of that, public water suppliesa account for just a tenth of the The bulk of water use in the Catawbw River isby , which is dependanft on the river to cool its nuclear reactorxs and power its hydroelectricx dams.
“This bill remains in the early stagex of the legislative process and Duke Energy will stay engaged in discussionxs around this bill and be an activ participant in thelegislative process,” says Jason a spokesman for the Charlotte-based energh giant. “Sound water management strategy shouldincluded supply-side programs, demand-side programd and drought programs,” Walls “Any river basin planning efforts shoulsd complement existing best practicees and include effective stakeholder collaboration Duke’s use of the Catawba River is overseen by the .
An applicationm for a new, 50-year licensw for Duke’s 11 reservoirs and 13 facilitiee alongthe bi-state river is pending and has drawn recent controversy. S.C. Attorney General Henry McMastee filed to intervene in the FERC processslast month, arguing that Duke uses flawed scientific models to predicty droughts. The FERC filings are the latesgt salvo in a simmering battle between the states overwatedr rights. South Carolina has a pending lawsuit befordethe U.S. Supreme Court that contends Northu Carolina takes more than its fair sharse out ofthe Catawba. Clodfelter says statse policies for water supply can help prevent courthousr conflicts over shared And itcould pre-empft the U.S.
Supreme Courrt from ruling on how the Carolinassharee water, he adds. “The tend to be disinclined to step in and make the decision themselvesd if they seethe state’s workinhg it out on its own.” Regulationsz affecting large water users are already in place in 20 states on the East Only North Carolina, South Carolina and Alabamaq have no such rules. “The Carolinas are behind in water management,” says Amy a senior attorney with the Nichola s Institute for Environmental Policy Solutionsat , whichh worked on a water allocatiob study for the state. “Now is a good time to make the transitiom to a more orderly waterwithdrawal policy.
”