§ 143-354. Ordinary powers and duties of the Commission. - North Carolina Statutes

§ 143‑354.  Ordinarypowers and duties of the Commission.

(a)        Powers and Dutiesin General. – Except as otherwise specified in this Article, the powers andduties of the Commission shall be as follows:

(1)        The Commission shallcarry out a program of planning and education concerning the most beneficiallong‑range conservation and use of the water resources of the State. Itshall investigate the long‑range needs of counties and municipalities andother local governments for water supply storage available in federal projects.

(2)        The Commission shalladvise the Governor as to how the State's present water research activitiesmight be coordinated.

(3)        Repealed by SessionLaws 2008‑143, s. 4, effective July 31, 2008.

(4)        The Commission isauthorized to call upon the Attorney General for such legal advice as isnecessary to the functioning of the Commission.

(5)        Recognizing thecomplexity and difficulties attendant upon the recommendation of the GeneralAssembly of fair and beneficial legislation affecting the use and conservationof water, the Commission shall solicit from the various water interests of theState their suggestions thereon.

(6)        The Commission mayhold public hearings for the purpose of obtaining evidence and information andpermitting discussion relative to water resources legislation and shall havethe power to subpoena witnesses therefor.

(7)        All recommendationsfor proposed legislation made by the Commission shall be available to thepublic.

(8)        The Commission shalladopt such rules and regulations as may be necessary to carry out the purposesof this Article.

(9)        Any member of theCommission or any person authorized by it, shall have the right to enter uponany private or public lands or waters for the purpose of making investigationsand studies reasonably necessary in the gathering of facts concerning streamsand watersheds, subject to responsibility for any damage done to propertyentered.

(10)      The Commission isauthorized to provide to federal agencies the required assurances, subject toavailability of appropriations by the General Assembly or applicable funds orassurances from local governments, of nonfederal cooperation for water supplystorage and other congressionally authorized purposes in federal projects.

(11)      The Commission isauthorized to assign or transfer to any county or municipality or other localgovernment having a need for water supply storage in federal projects anyinterest held by the State in such storage, upon the assumption of repaymentobligation therefor, or compensation to the State, by such local government.The Commission shall also have the authority to reassign or transfer interestsin such storage held by local governments, if indicated by the investigation ofneeds made pursuant to subdivision (1) of subsection (a) of this section,subject to equitable adjustment of financial responsibility.

(b) through (e). Repealed bySession Laws 2008‑143, s. 4, effective July 31, 2008.  (1959, c. 779, s. 1; 1967,c. 1071, ss. 1, 2; 1973, c. 1262, s. 23; 1991, c. 342, s. 15(b); 1993, c. 539,s. 1033; 1994, Ex. Sess., c. 24, s. 14(c); 2008‑143, s. 4.)