H.B. 687
GENERAL ASSEMBLY OF NORTH CAROLINA
Apr 26, 2021
SESSION 2021 HOUSE PRINCIPAL CLERK
H D
HOUSE BILL DRH40390-MH-129
Short Title: Interbasin Transfer Amendments. (Public)
Sponsors: Representative Yarborough.
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO REMOVE INTRABASIN TRANSFERS AMONG SUBBASINS OF A RIVER
3 BASIN FROM INTERBASIN TRANSFER REQUIREMENTS.
4 The General Assembly of North Carolina enacts:
5 SECTION 1. G.S. 143-215.22G(1b) reads as rewritten:
6 "(1b) "River basin" means any of the following river basins designated on the map
7 entitled "Major River Basins and Sub-basins in North Carolina" and filed in
8 the Office of the Secretary of State on 16 April 1991. means the area within
9 North Carolina denoted by the cataloging unit or series of cataloging units
10 organized by the United States Geologic Survey as designated in this
11 subdivision. The term "river basin" includes any portion of the river basin that
12 extends into another state. Any area outside North Carolina that is not included
13 in one of the river basins listed in this subdivision comprises a separate river
14 basin.
15 a. 1-1 Broad River.
16 b. 2-1 Haw River.
17 c. 2-2 Deep River.
18 d. 2-3 Cape Fear River.
19 e. 2-4 South River.
20 f. 2-5 Northeast Cape Fear River.
21 g. 2-6 New River.
22 h. 3-1 Catawba River.
23 i. 3-2 South Fork Catawba River.
24 j. 4-1 Chowan River.
25 k. 4-2 Meherrin River.
26 l. 5-1 Nolichucky River.
27 m. 5-2 French Broad River.
28 n. 5-3 Pigeon River.
29 o. 6-1 Hiwassee River.
30 p. 7-1 Little Tennessee River.
31 q. 7-2 Tuskasegee (Tuckasegee) River.
32 r. 8-1 Savannah River.
33 s. 9-1 Lumber River.
34 t. 9-2 Big Shoe Heel Creek.
35 u. 9-3 Waccamaw River.
36 v. 9-4 Shallotte River.
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 General Assembly Of North Carolina Session 2021
1 w. 10-1 Neuse River.
2 x. 10-2 Contentnea Creek.
3 y. 10-3 Trent River.
4 z. 11-1 New River.
5 aa. 12-1 Albemarle Sound.
6 bb. 13-1 Ocoee River.
7 cc. 14-1 Roanoke River.
8 dd. 15-1 Tar River.
9 ee. 15-2 Fishing Creek.
10 ff. 15-3 Pamlico River and Sound.
11 gg. 16-1 Watauga River.
12 hh. 17-1 White Oak River.
13 ii. 18-1 Yadkin (Yadkin-Pee Dee) River.
14 jj. 18-2 South Yadkin River.
15 kk. 18-3 Uwharrie River.
16 ll. 18-4 Rocky River.
17 a. Albemarle Sound: 03010205.
18 b. Broad River: 03050105.
19 c. Cape Fear River: 03030002, 03030003, 03030004, 03030005,
20 03030006, and 03030007.
21 d. Catawba River: 03050101, 03050102, and 03050103.
22 e. Chowan River: 03010201, 03010202, 03010203, and 03010204.
23 f. French Broad River: 06010105, 06010106, and 06010108.
24 g. Hiwassee River: 06020002 and 06020003.
25 h. Little Tennessee River: 06010202, 06010203, and 06010204.
26 i. Lumber River: 03040203, 03040204, 03040206, and 03040208.
27 j. Neuse River: 03020201, 03020202, 03020203, and 03020204.
28 k. New River: 05050001.
29 l. Onslow Bay: 03020301 and 03020302.
30 m. Roanoke River: 03010102, 03010103, 03010104, 03010106, and
31 03010107.
32 n. Savannah River: 03060101 and 03060102.
33 o. Tar-Pamlico River: 03020101, 03020102, 03020103, 03020104, and
34 03020105.
35 p. Watauga River: 06010103.
36 q. Yadkin-Pee Dee River: 03040101, 03040102, 03040103, 03040104,
37 03040105, 03040201, and 03040202."
38 SECTION 2. G.S. 143-215.22L reads as rewritten:
39 "(a) Certificate Required. – No person, without first obtaining a certificate from the
40 Commission, may:
41 (1) Initiate a transfer of 2,000,000 gallons of water or more per day, calculated as
42 a daily average of a calendar month and not to exceed 3,000,000 gallons per
43 day in any one day, from one river basin to another.
44 (2) Increase the amount of an existing transfer of water from one river basin to
45 another by twenty-five percent (25%) or more above the average daily amount
46 transferred during the year ending 1 July 1993 if the total transfer including
47 the increase is 2,000,000 gallons or more per day.
48 (3) Increase an existing transfer of water from one river basin to another above
49 the amount approved by the Commission in a certificate issued under
50 G.S. 162A-7 prior to 1 July 1993.
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1 (b) Exception. – Notwithstanding the provisions of subsection (a) of this section, a
2 certificate shall not be required to transfer water from one river basin to another up to the full
3 capacity of a facility to transfer water from one basin to another if the facility was in existence
4 or under construction on 1 July 1993.
5 (c) Notice of Intent to File a Petition. – An applicant shall prepare a notice of intent to
6 file a petition that includes a nontechnical description of the applicant's request and an
7 identification of the proposed water source. Within 90 days after the applicant files a notice of
8 intent to file a petition, the applicant shall hold at least one public meeting in the source river
9 basin upstream from the proposed point of withdrawal, at least one public meeting in the source
10 river basin downstream from the proposed point of withdrawal, and at least one public meeting
11 in the receiving river basin to provide information to interested parties and the public regarding
12 the nature and extent of the proposed transfer and to receive comment on the scope of the
13 environmental documents. Written notice of the public meetings shall be provided at least 30
14 days before the public meetings. At the time the applicant gives notice of the public meetings,
15 the applicant shall request comment on the alternatives and issues that should be addressed in the
16 environmental documents required by this section. The applicant shall accept written comment
17 on the scope of the environmental documents for a minimum of 30 days following the last public
18 meeting. Notice of the public meetings and opportunity to comment on the scope of the
19 environmental documents shall be provided as follows:
20 (1) By publishing notice in the North Carolina Register.
21 (2) By publishing notice in a newspaper of general circulation in:
22 a. Each county in this State located in whole or in part of the area of the
23 source river basin upstream from the proposed point of withdrawal.
24 b. Each city or county located in a state located in whole or in part of the
25 surface drainage basin area of the source river basin that also falls
26 within, in whole or in part, the area denoted by one of the following
27 eight-digit cataloging units as organized by the United States
28 Geological Survey:
29 03050105 (Broad River: NC and SC);
30 03050106 (Broad River: SC);
31 03050107 (Broad River: SC);
32 03050108 (Broad River: SC);
33 05050001 (New River: NC and VA);
34 05050002 (New River: VA and WV);
35 03050101 (Catawba River: NC and SC);
36 03050103 (Catawba River: NC and SC);
37 03050104 (Catawba River: SC);
38 03010203 (Chowan River: NC and VA);
39 03010204 (Chowan River: NC and VA);
40 06010105 (French Broad River: NC and TN);
41 06010106 (French Broad River: NC and TN);
42 06010107 (French Broad River: TN);
43 06010108 (French Broad River: NC and TN);
44 06020001 (Hiwassee River: AL, GA, TN);
45 06020002 (Hiwassee River: GA, NC, TN);
46 06010201 (Little Tennessee River: TN);
47 06010202 (Little Tennessee River: TN, GA, and NC);
48 06010204 (Little Tennessee River: NC and TN);
49 03060101 (Savannah River: NC and SC);
50 03060102 (Savannah River: GA, NC, and SC);
51 03060103 (Savannah River: GA and SC);
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1 03060104 (Savannah River: GA);
2 03060105 (Savannah River: GA);
3 03040203 (Lumber River: NC and SC);
4 03040204 (Lumber River: NC and SC);
5 03040206 (Lumber River: NC and SC);
6 03040207 (Lumber River: NC and SC);
7 03010205 (Albemarle Sound: NC and VA);
8 06020003 (Ocoee River: GA, NC, and TN);
9 03010101 (Roanoke River: VA);
10 03010102 (Roanoke River: NC and VA);
11 03010103 (Roanoke River: NC and VA);
12 03010104 (Roanoke River: NC and VA);
13 03010105 (Roanoke River: VA);
14 03010106 (Roanoke River: NC and VA);
15 06010102 (Watauga River: TN and VA);
16 06010103 (Watauga River: NC and TN);
17 03040101 (Yadkin River: VA and NC);
18 03040104 (Yadkin River: NC and SC);
19 03040105 (Yadkin River: NC and SC);
20 03040201 (Yadkin River: NC and SC);
21 03040202 (Yadkin River: NC and SC).basin.
22 c. Each county in this State located in whole or in part of the area of the
23 source river basin downstream from the proposed point of withdrawal.
24 d. Any area in the State in a river basin for which the source river basin
25 has been identified as a future source of water in a local water supply
26 plan prepared pursuant to G.S. 143-355(l).
27 e. Each county in the State located in whole or in part of the receiving
28 river basin.
29 (3) By giving notice by first-class mail or electronic mail to each of the following:
30 a. The board of commissioners of each county in this State or the
31 governing body of any county or city that is politically independent of
32 a county in any state that is located entirely or partially within the
33 source river basin of the proposed transfer and that also falls within, in
34 whole or in part, the area denoted by one of the eight-digit cataloging
35 units listed in sub-subdivision b. of subdivision (2) of this
36 subsection.transfer.
37 b. The board of commissioners of each county in this State or the
38 governing body of any county or city that is politically independent of
39 a county in any state that is located entirely or partially within the
40 receiving river basin of the proposed transfer and that also falls within,
41 in whole or in part, the area denoted by one of the eight-digit
42 cataloging units listed in sub-subdivision b. of subdivision (2) of this
43 subsection.transfer.
44 c. The governing body of any public water system that withdraws water
45 upstream or downstream from the withdrawal point of the proposed
46 transfer.
47 d. If any portion of the source or receiving river basins is located in
48 another state, all state water management or use agencies,
49 environmental protection agencies, and the office of the governor in
50 that state upstream or downstream from the withdrawal point of the
51 proposed transfer.
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1 e. All persons who have registered a water withdrawal or transfer from
2 the proposed source river basin under this Part or under similar law in
3 an another state.
4 f. All persons who hold a certificate for a transfer of water from the
5 proposed source river basin under this Part or under similar law in an
6 another state.
7 g. All persons who hold a National Pollutant Discharge Elimination
8 System (NPDES) wastewater discharge permit for a discharge of
9 100,000 gallons per day or more upstream or downstream from the
10 proposed point of withdrawal.
11 h. To any other person who submits to the applicant a written request to
12 receive all notices relating to the petition.
13 (d) Environmental Documents. – Except as provided in this subsection, the definitions
14 set out in G.S. 113A-9 apply to this section. Notwithstanding the thresholds for significant
15 expenditure of public monies or use of public land set forth in G.S. 113A-9, the Department shall
16 conduct a study of the environmental impacts of any proposed transfer of water for which a
17 certificate is required under this section. The study shall meet all of the requirements set forth in
18 G.S. 113A-4 and rules adopted pursuant to G.S. 113A-4. Notwithstanding G.S. 113A-4(2), the
19 study shall include secondary and cumulative impacts. An environmental assessment impact
20 statement shall be prepared for any petition for a certificate under this section. The determination
21 of whether an environmental impact statement shall also be required shall be made in accordance
22 with the provisions of Article 1 of Chapter 113A of the General Statutes; except that an
23 environmental impact statement shall be prepared for every proposed transfer of water from one
24 major river basin to another for which a certificate is required under this section. The applicant
25 who petitions the Commission for a certi