SB255 Alabama 2017 Session

Summary

Primary Sponsor

Arthur OrrSenator

Republican

Session

Regular Session 2017

Title

Water, use from Ala., Tennessee, and Tombigbee Rivers by non-riparian landowners under certain conditions for agricultural purposes, duties and reporting by Water Resources Commission, Sec. 9-10B-22.1 added

Summary

SB255 would allow some non-riparian landowners to use surface water from parts of the Alabama, Tennessee, and Tombigbee Rivers for agricultural irrigation under defined conditions, with reporting, rules, and drought safeguards.

What This Bill Does

It creates a new section (9-10B-22.1) authorizing non-riparian landowners to use surface water from portions of the Alabama, Tennessee, and Tombigbee Rivers where average flows exceed 8,000 cubic feet per second for agricultural irrigation on non-riparian land, subject to declarations of beneficial use, measurement, and annual reporting to the Office of Water Resources. It requires a riparian landowner to certify that access rights exist and authorizes the Water Resources Commission to adopt implementing rules by January 1 after the section's effective date. It also directs state climate and water agencies to develop drought guidelines that could restrict non-riparian use during droughts, with actual restrictions directed by the Governor using those guidelines and input from ADAPT, and sets a 5% aggregate limit on non-riparian use to protect basin flows.

Who It Affects

• Non-riparian landowners whose land is not contiguous to a water body in the affected river segments; they could irrigate crops if they meet conditions and file required documents.
• Riparian landowners who must provide certification of access rights before non-riparian water use can occur.
• State agencies (Office of Water Resources, Water Resources Commission, Office of State Climatology) that regulate, monitor, and report on non-riparian water use.
• Municipal water users are not covered by this section.

Key Provisions

• Applies only to river sections where average flow is greater than 8,000 cfs.
• Defines non-riparian land, riparian land, and surface water.
• Allows non-riparian landowners to use surface water from the specified rivers on non-riparian land for agricultural irrigation.
• Requires declaration of beneficial use, monitoring with a gauge or meter, and annual reporting to the Office of Water Resources.
• Requires certification from a riparian landowner that access rights have been granted.
• Authorizes the Water Resources Commission to adopt implementing rules by January 1 after the section’s effective date.
• Develops drought guidelines to restrict non-riparian use during droughts, with governor direction and input from ADAPT.
• Excludes non-riparian municipal water use.
• Imposes a 5% aggregate limit on non-riparian use of basin water; if exceeded, no new certificates until legislative action and new analysis.
• OWR must annually report on the extent and number of non-riparian users.
• Not an implied easement and does not change existing riparian rights.
• Effective date: first day of the third month after passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Water and Waterways