Bill Text: DE HB158 | 2009-2010 | 145th General Assembly | Draft
Bill Title: An Act To Amend Title 29 Of The Delaware Code Relating To Forfeiture Of State Employee Benefits Upon Conviction.
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced - Dead) 2010-04-07 - Stricken [HB158 Detail]
Download: Delaware-2009-HB158-Draft.html
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SPONSOR: |
Rep. Hocker & Rep. Atkins & Sen. Bunting & Sen. Venables; |
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Reps. Lavelle, Blakey, Briggs King, Hudson, Kenton, Lee, Manolakos, Miro, Outten, Peterman, Ramone, D. Short, Willis, Wilson, Bennett, Bolden, Carson, J. Johnson, Q. Johnson, Longhurst, Mitchell, Walker; Sens. Bonini, Booth, Bushweller, Cloutier, Connor, Lawson, Simpson, Sorenson |
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HOUSE OF REPRESENTATIVES 146th GENERAL ASSEMBLY |
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HOUSE BILL NO. 158 |
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AN ACT TO AMEND TITLES 3 AND 7 OF THE DELAWARE CODE RELATING TO WATER ALLOCATION PERMITS AND LICENSES, OR PERMITS TO CONSTRUCT, EXTEND, OR OPERATE AN IRRIGATION WELL OR SURFACE WATER INTAKE. |
Section 1.Amend §101, Title 3 of the Delaware Code by adding new subsections (10), (11), and (12) to read as follows:
"(10) The Secretary shall establish procedures for the issuance of licenses or permits to construct, extend, or operate an irrigation well or surface water intake on any farm or farmland in the State.
(11) The Secretary shall establish procedures for the issuance of water allocation permits which shall be granted concurrently with any license or permit to construct, extend, or operate an irrigation well or surface water intake on any farm or farmland in the State.A water allocation permit issued pursuant to this subsection reserves the right of the person to whom the permit is issued to use up to 20 acre-inches per year, but not more than 10 acre-inches per month.For the purposes of this subsection and subsection (10):
a. An ‘acre-inch' of water is the amount of water required to cover 1 acre of land to a depth of 1 inch and is equal in volume to 27,154 gallons of water.
b. An ‘irrigation well' is an agricultural well which is used exclusively for the watering of lands or crops other than household lawns and gardens.
(12) The following persons shall serve on an advisory committee that oversees the irrigation well and surface water intake procedures described in paragraphs (10) and (11) of this section:
a. the Secretary of Agriculture, or the Secretary's designee;
b. the Secretary of the Department of Natural Resources and Environmental Control, or the Secretary's designee;
c. one (1) person to represent the Delaware Farm Bureau;
d. one (1) person to represent the Fruit and Vegetable Growers Association of Delaware;
e. one (1) person who is an irrigation dealer; and
f. one (1) person who is a commercial irrigation well driller.
The Secretary of Agriculture and the Secretary of the Department of Natural Resources and Environmental Control shall determine that the committee members meet the above descriptions.The Secretary of Agriculture, or the Secretary's designee, shall serve as the chairperson of the advisory oversight committee.".
Section 2.Amend Title 7 of the Delaware Code by striking §6010(h)(1) in its entirety.
Section 3.Amend §6010(f), Title 7 of the Delaware Code by inserting ", except for water allocation permits for any farms or farmland in the State and licenses or permits to construct, extend, or operate an irrigation well or surface water intake on any farm or farmland in the State," between the words "Shall" and "approve" where they appear in both paragraphs (1) and (2) of subsection (f).
Section 4.Upon the enactment of this Act into law, the Secretary of the Department of Agriculture shall make every reasonable effort to issue water allocation permits to any person holding a current license or permit to construct, extend, or operate an irrigation well or surface water intake on any farm or farmland in the State whose authorized use of the irrigation well or surface water intake is limited to 20 acre-inches per year or less.
SYNOPSIS
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This bill transfers from the Department of Natural Resources and Environmental Control to the Department of Agriculture the control of procedures for the issuance of water allocation permits that reserve the right of permit holders to use 20 acre-inches of water per year, but not more than 10 acre-inches per month from an irrigation well or surface water intake on farms or farmlands in the State.The Secretary of Agriculture shall also establish procedures for the issuance of licenses or permits to construct, extend, or operate an irrigation well or surface water intake on any farm or farmland in the State.The Secretary of Agriculture shall chair an advisory oversight committee whose members will oversee irrigation well and surface water intake procedures, including the issuance of licenses and permits. |
