§ 143-215.48. Determining streamflows. - North Carolina Statutes

§ 143‑215.48. Determining streamflows.

(a)        In litigation in which the rate of flow of water that wouldexist in the absence of an impoundment is in issue, that rate shall be deemedto be the minimum average flow for a period of seven consecutive days that havean average recurrence of once in 10 years unless a party to the litigationintroduces a calculation that more closely approximates the actual rate. Adetermination made by the Commission (i) of either that minimum average flow,or (ii) that adopts a calculation that more closely approximates the actualrate of flow, and introduced by one of the parties to the litigation, shall be prima facie correct.

(b)        The Commission is authorized to make the determinationsspecified in subsection (a) of this section and to require the submission ofsuch reports and such inspections as are necessary to permit thosedeterminations. (1971, c. 111, s.1; 1973, c. 1262, s. 23; 1987, c. 827, s. 154.)