§ 143-355.3. Water shortage emergency powers. - North Carolina Statutes

§ 143‑355.3.  Watershortage emergency powers.

(a)        Declaration ofWater Shortage Emergency. – If, after consultation with the affected watersystem and the unit of local government with jurisdiction over the area servedby the water system, the Secretary determines that the needs of humanconsumption, necessary sanitation, and public safety require emergency action,the Secretary shall provide the Governor with written findings setting out thebasis for declaration of a water shortage emergency. The Governor shall havethe authority to declare a water shortage emergency in the area affected by thewater shortage emergency, which may include both the water system experiencinga water shortage emergency and the area served by a water system required undersubdivision (1) of subsection (b) of this section to provide water in responseto the water shortage emergency. No emergency period shall exceed 30 days, butthe Governor may declare successive emergencies based upon the written findingsof the Secretary.

(b)        Water ShortageEmergency Powers and Duties. – Whenever, pursuant to this Article, the Governordeclares the existence of a water shortage emergency within a particular areaof the State, the Secretary shall have the powers and duties set out insubdivisions (1), (2), and (3) of this subsection. These powers may only beexercised within the designated water shortage emergency area, after theSecretary has consulted with the affected water systems and determined that thewater shortage emergency cannot be effectively managed in the absence ofexercising these powers, and only for the period of the water shortageemergency. Under these circumstances, the Secretary has the power and duty to:

(1)        Require any watersystem that has water supply in excess of that required to meet the essentialwater uses of its customers to provide water to a water system experiencing awater shortage emergency. The Secretary shall give preference to diversion ofwater from a water system within the same river basin as the water system thatis experiencing a water shortage emergency. A diversion of water that requiresa certificate under G.S. 143‑215.22L shall meet the requirements of thatsection. The amount required to be supplied shall be limited to the amountnecessary to supply essential water uses within the receiving system. Therequired diversion of waters shall cease upon the termination of the watershortage emergency.

(2)        Adopt rulesgoverning the conservation and use of water within the water shortage emergencyarea as shall be necessary to maintain essential water use within the watershortage emergency area. Before such rules and regulations shall becomeeffective, they shall be published in two consecutive issues of a dailynewspaper generally circulated in the emergency area.

(3)        Adopt rulesgoverning conservation and use of water within the service area of the watersystem from which water is being diverted as shall be necessary to maintainessential water uses in the system while supplying water to the water shortageemergency area.

(c)        Temporary Rights‑of‑Way.– A water system that is affected by a water shortage emergency is authorizedto lay necessary temporary waterlines for the period of a declared watershortage emergency across, under, or above any and all properties to connectthe water system experiencing a water shortage emergency to an emergency intakein a new water source or to interconnect the water system to a supplying wateror wastewater system without first acquiring right‑of‑way. TheDepartment shall expedite the approval of temporary waterlines needed toprovide emergency water supply under this section. Temporary waterlinesinstalled under this section shall be removed within 90 days following the endof the emergency period except that the Secretary may, for good cause,authorize a 30‑day extension.

(d)        Compensation forWater Allocated During Water Shortage Emergency and Temporary Rights‑of‑Way.– Whenever the Secretary, pursuant to this Article, has ordered any diversionof water, the receiving water or wastewater system shall reimburse thesupplying water system for the cost of the water. The cost charged to thereceiving system shall not exceed one hundred ten percent (110%) of the retailcost that would be charged to a customer of the supplying system for anequivalent amount of water and any additional costs incurred by the supplyingsystem for alterations to its infrastructure or water treatment to effectuatethe diversion except as provided under an interlocal agreement. Unlessliability is otherwise assigned in an interlocal agreement, the receiving watersystem shall be liable to all persons suffering any loss or damage caused by orresulting from the laying of temporary waterlines to effectuate the diversion.Within 10 days of placing the temporary waterlines, the water system that isliable shall institute a civil action in accordance with the procedures set outunder Article 9 of Chapter 136 of the General Statutes to compensate theproperty owners for any taking caused by or resulting from the laying oftemporary waterlines, with the water system that is liable having the role ofthe Department of Transportation and the governing board of the water systemthat is liable having the role of the Secretary of Transportation under Article9 of Chapter 136 of the General Statutes. The placing of temporary waterlinespursuant to this section is not subject to the provisions of G.S. 153A‑15.

(e)        This section shallnot be construed to authorize or require any actions that conflict with or aresuperseded by the provisions of any order of a federal or State court oradministrative agency, any interstate agreement governing the allocation ofwater to which the State is a party, or any license for a hydroelectricgenerating facility issued by the Federal Energy Regulatory Commission;including, without limitation, any protocol or subsidiary agreement that may bepart of or incorporated in any such order, interstate agreement, or operatinglicense.  (2008‑143,s. 8.)