Bill Text: MS HB180 | 2011 | Regular Session | Introduced
Bill Title: Irrigation wells; require meters to be placed on.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2011-02-01 - Died In Committee [HB180 Detail]
Download: Mississippi-2011-HB180-Introduced.html
MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Conservation and Water Resources
By: Representative Evans (91st)
House Bill 180
AN ACT TO REQUIRE THE DEPARTMENT OF ENVIRONMENTAL QUALITY TO DEVELOP A PROGRAM FOR PLACING METERS ON IRRIGATION WELLS; TO REQUIRE FEES TO DEFRAY THE COSTS THEREOF; TO AMEND SECTIONS 51-3-11 AND 51-3-25, MISSISSIPPI CODE OF 1972, IN CONFORMITY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The Department of Environmental Quality shall develop a program for the placing of meters on irrigation wells in order to determine if any well exceeds the allotted amount of water that may be withdrawn from irrigation wells, which shall be established by the department. The Permit Board shall set the amount of the fees to defray the costs of the meters, the placing of the meters and the monitoring of the amount of water withdrawn. The Commission on Environmental Quality shall promulgate any necessary rules and regulations to administer the provisions of this section.
SECTION 2. Section 51-3-11, Mississippi Code of 1972, is amended as follows:
51-3-11. (1) (a) The commission shall issue a water use warning or declare and delineate a water use caution area, if one (1) of the following conditions exist:
(i) The mining of an aquifer is occurring; * * *
(ii) Existing water resources, including surface water, groundwater, or both, are inadequate to meet present or reasonably foreseeable needs; or
(iii) Irrigation wells are exceeding allotted amounts as established under Section 1 of this act.
(b) In making a determination under this section, the commission shall use data developed through the application of generally accepted scientific methodologies.
(2) (a) If the commission determines that one (1) of the conditions in subsection (1) of this section exists and that time allows the development of a solution through cooperation between the commission, the department, local permit holders, political subdivisions and water management districts in the affected area, the commission shall issue a water use warning and may order the implementation of the reporting requirements in Section 51-3-23.
(b) Upon issuance of a water use warning, the commission shall send notice to all permit holders, political subdivisions and water management districts within the affected area. The notice shall describe the conditions requiring issuance of a water use warning, propose corrective measures and request the assistance of the permit holders, political subdivisions and water management districts in alleviating or correcting the conditions. The commission shall request in the notice voluntary compliance of the permit holders with any corrective measures proposed by the commission.
(c) The permit holders, political subdivisions and water management districts, in cooperation with the commission, shall develop and implement a plan for alleviating or correcting the conditions. If the commission determines that satisfactory progress is being made by the affected parties, the commission may extend the deadline or timetable for the development or implementation of a plan or may allow modification of the plan.
(3) (a) If the commission determines that one (1) of the conditions in subsection (1) of this section exists and that prompt and immediate action is required to protect the resource, the commission shall give notice of its intent to declare the need for establishment of a water use caution area. The notice and public hearing required by this subsection shall be made as provided in Sections 25-43-7(1) and 49-17-25. The notice shall delineate the proposed water use caution area, describe those proposed actions needed to protect the resource and recommend any additional permit requirements the commission deems necessary to address the conditions.
(b) Upon closing of the public hearing record and consideration of relevant comments on its proposed action, the commission may adopt an order establishing a water use caution area. If the commission orders the establishment of a water use caution area, the commission shall, within one hundred twenty (120) days following entry of the order, adopt regulations consistent with this chapter and commensurate with the necessary degree of control pursuant to its regulatory authority in Section 51-3-25.
SECTION 3. Section 51-3-25, Mississippi Code of 1972, is amended as follows:
51-3-25. The commission shall have the power to adopt, modify, repeal, promulgate and enforce, after due notice and hearing, and where not otherwise prohibited by federal or state law, to make exceptions to and grant exemptions and variances from the rules and regulations which contain any of the following provisions as the commission finds appropriate concerning the regulation of surface water and groundwater:
(a) Provisions for making observations and measurements as will enable it to administratively determine and establish the rights of all water users who were making beneficial use of water prior to April 1, 1985, and who have filed a notice of claim;
(b) Provisions concerning the timing of withdrawals, provisions to protect against or abate saltwater encroachment; provisions to protect against or abate unreasonable adverse effects on other water users within the area, including but not limited to adverse effects on public use;
(c) Provisions concerning well depth and spacing controls and provisions establishing a range of prescribed static levels (elevations below which water may not be pumped) or maximum pumping rates, or both, in wells or for the aquifer or for any part thereof based on actual proof of the capacities and characteristics of the aquifer;
(d) Provisions to minimize waste by requiring users to employ water conservation measures;
(e) Provisions concerning well design and standards, including provisions regarding technical upgrading requirements for existing permitted wells in water use caution areas; * * *
(f) Other provisions not inconsistent with this chapter as the commission finds necessary to implement the purposes of this chapter.
(g) Provisions concerning irrigation wells as provided under Section 1 of this act.
SECTION 4. Section 1 of this act shall be codified as a new section in Chapter 3, Title 51, Mississippi Code of 1972.
SECTION 5. This act shall take effect and be in force from and after July 1, 2011.
