§ 143-215.22A. Water withdrawal policy; remedies. - North Carolina Statutes

§ 143‑215.22A. Water withdrawal policy; remedies.

(a)        It is against the public policy of North Carolina towithdraw water from any major river or reservoir if both of the followingfactors are present:  (i)  the withdrawal will cause the natural flow of waterin the river or a portion of the reservoir to be reversed; and (ii) substantial portions of the water are not returned to the river system afteruse.  For purposes of this section, a withdrawal will cause natural flow to bereversed if as a result of the withdrawal, the rate of flow in the river ordiscrete portion of the reservoir is 15 cubic feet per second or more, movingin a generally opposite direction than prior to the withdrawal, over a distanceof more than one mile.  To correct for periodic effects, including tidalinfluences and reservoir fluctuations, flow speed and direction shall becalculated by using annual average flow data to determine pre‑withdrawalflows, and projected annual average flow assuming the maximum practical rate ofwithdrawal, to determine post‑withdrawal flows.

(b)        This section shall not be construed to create an independentcause of action by the State or by any person.  This section shall not apply toany project or facility for which a withdrawal of water began prior to the datethis section is effective. (1991, c. 567, c. 712, ss. 5, 6.)