HB416 Alabama 2018 Session

Under existing law, the Office of Water Resources is the state agency responsible for coordinating the water resources of the state

This bill would create the Alabama Conservation and Security Act to empower the state to preserve water flows and availability and establish additional conservation powers in times of drought and water emergency

This bill would facilitate coordination between water quality and water allocation management, requiring the state to protect the appropriate biological, chemical, and physical integrity of waters by rule

This bill would require the Water Resources Commission to declare a water shortage or emergency under certain conditions

This bill would establish a burden of proof for withdrawals of surface or underground water

This bill would authorize the Office of Water Resources to: (1) restrict any term or condition in a certificate of use for the duration of a water shortage or emergency; (2) provide conservation credits to water users that take certain conservation measures during shortages or emergencies; (3) restrict withdrawals for which no certificate is required during a shortage or emergency; and (4) allocate water to and among uses in order to alleviate a shortage or emergency

This bill would also require the state to preserve environmental flows and levels in all water sources the allow the Office of Water Resources to establish by rule an environmental flow or level in any water source after consultation with the Alabama Water Resources Council

Relating to water management; to create the Alabama Water Conservation and Security Act; to amend Sections 9-10B-2, 9-10B-3, 9-10B-20, 9-10B-22, 9-10B-23, and 9-10B-24, Code of Alabama 1975; to add Sections 9-10B-31 and 9-10B-32, to the Code of Alabama 1975; to provide legislative findings; to empower state conservation agencies to preserve flows and water availability in all waters of the state; to require the state to protect the appropriate biological, chemical, and physical integrity of waters through water planning and management; to require the Water Resources Commission to declare a water shortage or emergency under certain conditions; to authorize the Office of Water Resources to take certain conservation measures during a shortage or emergency; and to allow the Office of Water Resources to establish by rule an environmental flow or level in any water source after consultation with the Alabama Water Resources Council.