Georgia Water/Laws/Surface Water Use Act

Surface Water Use Act, O.C.G.A. § 12-5-31

General Purpose

Large water withdrawals are regulated by Georgia EPD through a water permit system based on the concept of reasonable use. Any user withdrawing or diverting more than 100,000 gallons-per-day is required to obtain a permit from EPD.

Reasonable Use

Before issuing a permit, EPD will evaluate the reasonableness of the use by applying the criteria listed in the statute, including the number of persons using the water source; the nature, severity, or duration of any impairment adversely affecting availability for other users; any injury to public health, safety or welfare; the kinds of activities proposed; the importance and necessity of the uses and the extent of any injury caused to other water uses; diversion from or reduction in flows in other watercourses or aquifers; prior investment in land; and other relevant factors. § 12-5-31(e).

Specific provisions of the Act

Duration

Municipal and industrial permits are issued for a term of 10 to 50 years, after which they must be renewed. Farm use permits are issued for an unlimited term, except in the Flint River Basin in which farm use permits issued after March 2006 have a term limit of 25 years .

Quantity

Municipal and industrial permits are issued for a specific quantity determined by reasonable use. All Farm use permits are based on pump capacity as of July 1, 1988.

Revocation and Modification

Municipal and industrial permits can be revoked by EPD for extended periods of nonuse. Farm permits cannot be revoked after an initial use, though farm permits can be revoked if water was never withdrawn.

Transfers

Water permits are not transferable, except that farm permits may be transferred along with the accompanying land.

References

• O.C.G.A. § 12-5-31