Georgia Water/Laws/Groundwater Use Act

Groundwater Use Act, O.C.G.A. §§ 12-5-90 et. seq.

General Description

"Groundwater withdrawals of greater than 100,000 gallons per day require a permit from the Environmental Protection Division. Permit applications that request an increase in water usage must also submit a water conservation plan approved by the Director of Environmental Protection Division (O.C.G.A. 12-5-96). The Environmental Protection Division has prepared a comprehensive groundwater management plan for coastal Georgia that addresses water conservation measures, protection from saltwater encroachment, reasonable uses, preservation for future development and economic development issues. The Memorandum of Agreement with the Environmental Protection Division ensures that permits issued under the Groundwater Use Act must be consistent with the Coastal Management Program." Department of Natural Resources, Comprehensive Wildlife Conservation Strategy, Appendix G

Specific provisions of the Act

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).

Duration

Municipal and industrial permits are issued for a term of 10 to 50 years, after which they must be renewed. Farm permits are issued for an unlimited term.

Quantity

Municipal and industrial permits are issued for a specific quantity determined by reasonable use. Farm permits issued after 1991 also have defined quantities. Farm permits issued before 1991 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 Farm permits cannot be revoked after an initial use, though farm permits can be revoked if water was never withdrawn.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. §§ 12-5-90 et. seq.
• Department of Natural Resources, Comprehensive Wildlife Conservation Strategy, Appendix G