Managing Ag Water Use During Drought: Policies in Georgia’s Flint River Basin
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Transcript of Managing Ag Water Use During Drought: Policies in Georgia’s Flint River Basin
Managing Ag Water Use During Drought: Policies in Georgia’s
Flint River Basin
Alabama Water Resources ConferenceAlabama Water Resources ConferenceOrange Beach, ALOrange Beach, ALSeptember 6, 2007September 6, 2007
Mark H. MastersMark H. MastersFlint River Water Planning & Policy CenterFlint River Water Planning & Policy Center
Albany State UniversityAlbany State UniversityRon Cummings, Doug Wilson, Kristin Rowles, Brigham DanielsRon Cummings, Doug Wilson, Kristin Rowles, Brigham Daniels
State
2005 Population Estimate
1970 Census
Numeric Change
Percent Change
Irrigated Acreage USGS
2000
Alabama 4,557,808 3,444,354 1,113,454 32%
70,000
Florida 17,789,864 6,791,418
10,998,446 162% 2,060,000
Georgia 9,072,576 4,587,930 4,484,646 98%
1,540,000
Kentucky 4,173,405 3,220,711
952,694 30%
66,600
Louisiana 4,523,628 3,644,637
878,991 24%
940,000
Mississippi 2,921,088 2,216,994
704,094 32%
1,420,000
North Carolina 8,683,242 5,084,411
3,598,831 71%
196,000
South Carolina 4,255,083 2,590,713
1,664,370 64%
187,000
Tennessee 5,962,959 3,926,018 2,036,941 52%
60,500
Water Users and Water
7.2 M people0.06 M acres irrigatedSOME surface waterLITTLE groundwater
Municipal & Industrial Surface Water Withdrawals
Municipal & Industrial Groundwater Withdrawals
1.9 M people1.54 M acres irrigatedMORE surface waterMUCH groundwater
How has Georgia dealt with these changes?
• 1977 (first water permitting of any kind) to 1988 nothing
• Began issuing withdrawal permits for agricultural uses of more than 100K gpd in 1988
• Passed Flint River Drought Protection Act in 2000
• Passed Agricultural Water Use Program 2003• Passed Comprehensive Statewide Water
Management Planning Act 2004
Situation Today• Approximately 9000 individuals hold
agricultural withdrawal permits• Approximately 1.5 million acres being
irrigated• Well over $1 billion invested to irrigate• Some basins over allocated• Permits are still being issued• Tri-state, ecological, statewide water
planning• Oh yeah…it’s been really dry too.
Critical Habitat?
Spring Creek, SW Georgia 6-19-06Spring Creek, SW Georgia 6-19-06 Flow at nearest downstream gage 45 cfs. Flow at same gauge 9-04-07, 0.0 cfs.Flow at nearest downstream gage 45 cfs. Flow at same gauge 9-04-07, 0.0 cfs.
Two Central Questions
1. Can the Georgia Environmental Protection Division (EPD) modify, revoke, or in any way alter water use permits during periods of drought?
2. Does the tenure of a permit affect the permittee’s vulnerability to any such modification or revocation?
Tenure 1Pre-7/1/88
Tenure 2 Post-7/1/88-Pre-12/1/99
Tenure 3Post-12/1/99Pre-12/31/02
Tenure 4 Post 12/31/02 Pre-4/20/06
Tenure 5Post 4/20/06
Standard used for EPD’s permitting decision
Pumping capacity of Installed
Equipment
Reasonable use
Reasonable use
Reasonable use
Reasonable use
Annual reporting required No No Surface: NoGW: Yes
Surface: NoGW: Yes
Surface: NoGW: Yes
May be required to pay for meter
No No No Yes Yes
Can initiate use prior to meter installation
Yes Yes No No No
Pay $250 application fee No No No No Yes
25-year term on permit No No No No Yes
Permit revocable for non-use
No No No No Yes; if initial use doesn’t
begin within 2 years
Qualifies for program put in place by the Flint River Basin Drought Protection
Act
Yes Yes No No No
O.C.G.A. 12-5-105 DNR Rules 391-3-2-.11
• “The Director may suspend or modify a permit, grandfathered or not, for farm use if he or she should determine through inspection, investigations, or otherwise that the quantity of water allowed would prevent other applicants from reasonable use of ground-water beneath their property for farm use), or if permitted withdrawals cause unreasonable adverse effects on other water users, including adverse effects on public and farm use.” Measures may include “selective curtailment or reduction of ground water withdrawal where it is found to be in the public interest to protect the water resources.”
However.....
• A new application for a farm use permit “...shall be issued to ensure the applicant’s right to a reasonable use of ground water,” but such permits are “...subject to evaluation and classification pursuant to O.C.G.A 12-5-95,96.
• Finally, subsection (g) provides that “the division shall take into consideration the extent to which any withdrawals...are reasonably necessary...to meet the applicant’s needs and shall grant a permit which shall meet those reasonable needs; provided, however, that the granting of such permit shall not have unreasonably adverse effects upon other water uses in the area...” (emphasis added)
We don’t find clear answers in the statutes, so where do we go from here……in times of scarcity.
Look to the Flint River Regional Water Development and Conservation Plan
Flint River Plan• Identifies areas in excess of safe yield and
recognizes “aggressive” strategies needed• “In considering new and existing
applications for both ground-water and surface-water withdrawals, EPD will evaluate the effect of the proposed water use on existing users and stream flow, and issue the new permit in such a way that the new permit will not adversely impact stream flow or the water available to existing users.”
Flint River Plan
• But the Plan also allows EPD to decrease “permitted withdrawal amounts of all other permitted users including “grandfathered” permits” to make room for new permits.
• Plan also introduces Conservation, Restricted and Capacity Use areas.
• Relies heavily on the Flint River Drought Protection Act as a means of maintaining adequate streamflow in times of drought
Drought Protection Act
• Previous auctions held in 2001 and 2002• Funding is only “guaranteed” through
legislative intent• Groundwater now eligible• Tenure of permits now comes in to play
particularly in the event of involuntary suspension
• Location• Post March 1 drought?
What do we know?• Original two questions:
– Can the Georgia Environmental Protection Division (EPD) modify, revoke, or in any way alter water use permits during periods of drought?
– Does the tenure of a permit affect the permittee’s vulnerability to any such modification or revocation?
• Answer:– ?– Riparian laws during times of scarcity– Clarification through quantification
Conclusions?• Should the state continue expansion of irrigation
in over-allocated (during drought) basins?• Should any riparian have a right to use at the
expense of an established user?• Should the state give preference to different
permit tenures?• Should the law provide specific guidance how to
reduce irrigation in absence of the Drought Act?• Should the state begin the process of permit
quantification?
Annual average rainfall in Annual average rainfall in Georgia is Georgia is ≈≈ 50 trillion 50 trillion gallonsgallons..
Total (surface & ground) Total (surface & ground) water demand is ≈ 2.5 trillion water demand is ≈ 2.5 trillion gallons.gallons.
Demand minus thermoelectric Demand minus thermoelectric is ≈ 1.2 trillion gallons.is ≈ 1.2 trillion gallons.