| OCR Text |
Show 240 GEORGIA immediate supervision of the lands are responsible for complying with the act, although any expenses involved in doing so are paid by the owner of the land, whether the State or a political subdivision thereof.91 Anyone failing to comply with the act by January 1, 1970, is guilty of a misdemeanor, and after that date each day "of failing to comply shall constitute a separate offense."92 Exempted from the act are free-flowing artesian wells "in constant use for the pur- pose of watering and cooling livestock, or any public swimming pool." 93 In 1972, Georgia passed a conservation statute known as the Ground Water Use Act.94 Under the act, the Environmental Protec- tion Division of the Department of Natural Resources is authorized to "declare and delineate" capacity use areas in the state after notice and a public hearing. A "capacity use area" is defined as one in which the aggregate uses of ground water in such areas have developed or threatened to develop to a degree which requires coordination and regulation or in which the uses of ground water exceed or threaten to exceed or otherwise impair the renewal or replenishment of such water. The Division must promulgate regulations applicable to such areas. These relate to the requirement of periodic reports by water users, the timing of withdrawals, the protection of saltwater en- croachment, the protection of other water users (including public uses) in the area, and depth, spacing, and pumping level controls. The act also provides that a permit from the Division is required to divert more than 100,000 gal/d in capacity use areas. Permits for nonconsumptive uses may be issued without a hearing. Consumptive use permits may be granted subject to a variety of conditions, in- cluding the power to revoke or modify such permits on not less than 60 days' written notice. Permits may not be issued for a period longer than the longest of the following: 10 years; the duration of the existence of a capacity use area; or the period found to be necessary for "reasonable amortization of the applicant's water withdrawal and water-using facilities." Permits are not transferable except with the approval of the Division. Water users whose diversions antedate the establishment of a capacity use area receive limited protection. It should also be noted that the new act in no way affects existing common or statutory law relating to surface water. Publications Available Institution for Water Resource Research: Water Resources Center Georgia Institute of Technology 205 Civil Engineering Building Atlanta, Ga. 30332 404-873-4211 Ext. 857 Publications: Kates, Georgia Water Law (1969). Abbot, Some Legal Problems Involved in Saving Georgia's Marshlands, 7 Ga. S.B. J. 27 (1970). 91 Sec. 17-702. 82 Sec. 17-9905. 83 Sec. 17-703. 84 Sees. 17-1101 through 17-1114 (1972 supp.). The act is discussed in H. F. Sherrod, Jr The Groundwater Use Act of 1972: Protection for Georgia's Groundwater Resource, 6 Ga. L. Rev. 709 (1972). |
