TITLE 12 CONSERVATION AND NATURAL RESOURCES

Section 5. Water Resources, 12-5-1 through 12-5-586.

ARTICLE 9 FLINT RIVER DROUGHT PROTECTION

12-5-542. Definitions.

As used in this article, except where otherwise specifically provided, the term:

1. "Acceptable Flint River basin stream flows" means the quantity of stream flows at one or more specific locations on the Flint River or its tributaries which provides for aquatic life protection and other needs as established by the director, based on municipal, agricultural, industrial, and environmental needs. Such tributaries shall not include field drainage systems, wet weather ditches, or any other water body:
   1. In which the channel is located above the ground-water table year round;
   2. For which runoff from precipitation is the primary source of water flow; and
   3. For which ground water is not a source of water flow.
2. "Affected areas" means those specific portions of the state lying within the Flint River basin where ground-water use from the Floridan aquifer can affect stream flow or where drainage into Spring Creek, Ichawaynochaway Creek, Kinchafoonee Creek, and Muckalee Creek occurs.

   (2.1) "Augmentation" means the addition of ground water from one or more aquifers underlying the affected areas into a surface water channel within the affected areas for the purpose of maintaining instream flows.

3. "Authority" means the Georgia Environmental Finance Authority created by Chapter 23 of Title 50.
4. "Board" means the Board of Natural Resources.
5. "Director" means the director of the Environmental Protection Division of the Department of Natural Resources.
6. "Division" means the Environmental Protection Division of the Department of Natural Resources.
7. "Drought conditions" means any condition which results in a stream flow that is lower than the acceptable Flint River basin stream flows.
8. "Drought protection funds" means the funds held by the authority as provided in Code Section 12-5-545 for the accomplishment of the purposes of this article.
9. "Flint River basin" means the area of land which drains into the Flint River or its tributaries.
10. "Floridan aquifer" means those rocks and sediments described in United States Geological Survey Open-File Report 95-321 (1996) that are capable of yielding ground water to wells or discharging water into the Flint River or its tributaries.
11. "Irrigated land" means farm land which is irrigated by ground water or surface water pursuant to a water withdrawal permit issued by the director pursuant to Code Section 12-5-31 or 12-5-96.

    (11.1) "Irrigation efficiency" means the percentage of the total amount of water withdrawn from a source which is beneficially used to meet crop water requirements or for other agronomic practices in accordance with applicable best management practices.

12. "Irrigation reduction auction" means the procedure established by subsection (b) of Code Section 12-5-546 pursuant to which permittees submit offers to cease irrigation of a specified number of acres in exchange for a certain sum of money.
13. "Permittee" means a person holding a valid permit issued before December 1, 2000, pursuant to Code Section 12-5-31 or 12-5-96.
14. "Stream flow" means the quantity of water passing a given location of the Flint River or its tributaries over a given time period expressed in cubic feet per second.

(Code 1981, §12-5-542, enacted by Ga. L. 2000, p. 458, § 1; Ga. L. 2010, p. 949, § 1/HB 244; Ga. L. 2014, p. 302, § 2/SB 213.)

The 2010 amendment, effective July 1, 2010, substituted "Georgia Environmental Finance Authority" for "Georgia Environmental Facilities Authority" in the middle of paragraph (3).

The 2014 amendment, effective July 1, 2014, inserted "except where otherwise specifically provided," in the introductory paragraph of this Code section; inserted "or its tributaries" in the first sentence of paragraph (1) and in paragraph (14); in paragraph (1), substituted "Flint River basin stream flows'" for "Flint River stream flow'" and added the second sentence; added subparagraphs (1)(A) through (1)(C); substituted the present provisions of paragraph (2) for the former provisions, which read: " 'Affected area' means that portion of the state lying within the Flint River basin and areas where ground-water use from the Floridan aquifer can affect the stream flow in the Flint River or its tributaries."; added paragraph (2.1); substituted "basin stream flows" for "stream flow" in paragraph (7); and added paragraph (11.1).