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NORTH CAROLINA STATUTES AND CODES

§ 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 theCommission, it shall prepare proposed rules to be applied in said area,containing such of the following provisions as the Commission finds appropriateconcerning the use of surface waters or groundwaters or both:

(1)        Provisions requiring water users within the area to submitreports not more frequently than at 30‑day intervals concerning quantityof water used or withdrawn, sources of water and the nature of the use thereof.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 againstor abate salt water encroachment; provisions to protect against or abateunreasonable adverse effects on other water users within the area, includingbut not limited to adverse effects on public use.

(3)        With respect to groundwaters: provisions concerning well‑spacingcontrols; and provisions establishing a range of prescribed pumping levels(elevations below which water may not be pumped) or maximum pumping rates, orboth, in wells or for the aquifer or for any part thereof based on thecapacities and characteristics of the aquifer.

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

(b)        In adopting rules for a capacity use area, the Commissionshall 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.)

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