§ 143-215.21. Definitions. - North Carolina Statutes

§ 143‑215.21. Definitions.

Unless the context otherwise requires, the following terms as used inthis Part are defined as follows:

(1), (2) Repealed by Session Laws 1987, c. 827, s. 174.

(3)        "Consumptive use" means any use of water withdrawnfrom a stream or the ground other than a "nonconsumptive use," asdefined in this Part.

(4)        Repealed by Session Laws 1987, c. 827, s. 174.

(5)        "Nonconsumptive use" means (i) the use of waterwithdrawn from a stream in such a manner that it is returned to the stream withoutsubstantial diminution in quantity at or near the point from which it wastaken; or, if the user owns both sides of the stream at the point ofwithdrawal, the water is returned to the stream upstream of the next propertybelow the point of diversion on either side of the stream; (ii) the use ofwater withdrawn from a groundwater system or aquifer in such a manner that itis returned to the groundwater system or aquifer from which it was withdrawnwithout substantial diminution in quantity or substantial impairment in qualityat or near the point from which it was withdrawn; (iii) provided, however, that(in determining whether a use of groundwater is nonconsumptive) the Commissionmay take into consideration whether any material injury or detriment to otherwater users of the area by reason of reduction of water pressure in the aquiferor system has not been adequately compensated by the permit applicant whocaused or substantially contributed to such injury or detriment.

(6), (7) Repealed by Session Laws 1987, c. 827, s. 174. (1967, c. 933, s. 11; 1973, c. 1262, s. 23; 1977, c.771, s. 4; 1987, c. 827, ss. 154, 174.)