2009 North Carolina Code
Chapter 143 - State Departments, Institutions, and Commissions.
§ 143-215.14. Rules within capacity use areas; scope and procedures.

§ 143‑215.14.  Rules within capacity use areas; scope and procedures.

(a)        Following the declaration of a capacity use area by the Commission, it shall prepare proposed rules to be applied in said area, containing such of the following provisions as the Commission finds appropriate concerning the use of surface waters or groundwaters or both:

(1)        Provisions requiring water users within the area to submit reports not more frequently than at 30‑day intervals concerning quantity of water used or withdrawn, sources of water and the nature of the use thereof.

(2)        With respect to surface waters, groundwaters, or both: provisions concerning the timing of withdrawals; provisions to protect against or abate salt water 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.

(3)        With respect to groundwaters: provisions concerning well‑spacing controls; and provisions establishing a range of prescribed pumping 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 the capacities and characteristics of the aquifer.

(4)        Such other provisions not inconsistent with this Part as the  Commission finds necessary to implement the purposes of this Part.

(b)        In adopting rules for a capacity use area, the Commission shall consider the factors listed in G.S. 143‑215.15(h). (1967, c. 933, s. 4; 1973, c. 1262, s. 23; 1981, c. 585, s. 5; 1987, c. 827, ss. 154, 168.)