HB416 Alabama 2018 Session

Summary

Primary Sponsor

Patricia Todd

Democrat

Session

Regular Session 2018

Title

Water Resources Act, coordination of plans relating to water allocation required, restrictions of use under certain conditions, award of conservation credits to certain consumers, Alabama Water Security and Conservation Act, Secs. 9-10B-31, 9-10B-32 added; Secs. 9-10B-2, 9-10B-3, 9-10B-20, 9-10B-22, 9-10B-23, 9-10B-24 am'd.

Summary

HB 416 would create the Alabama Water Conservation and Security Act to coordinate water planning, protect environmental flows, and empower state agencies to manage droughts and water emergencies.

What This Bill Does

If enacted, the bill would establish a new framework for water management in Alabama, including rules to preserve water flows and environmental integrity and to coordinate water quality with water allocation. It would authorize the Office of Water Resources to restrict terms in water use certificates, grant conservation credits, restrict withdrawals without a certificate during shortages or emergencies, and allocate water to relieve shortages. It would require the Water Resources Commission to declare water shortages or emergencies, designate capacity stress areas, and require environmental flows or levels to be established by rule after input from the Alabama Water Resources Council. It would also create reporting requirements, enhance coordination among state agencies, and set up mechanisms to enforce and appeal decisions.

Who It Affects

• Certificate of Use holders and other water users (including large public water systems) who withdraw or consume water; they could face restrictions during shortages, be required to implement conservation measures, report annually, and may receive conservation credits for voluntary reductions.
• State regulatory bodies and agencies (Office of Water Resources, Water Resources Commission, Alabama Department of Environmental Management, Alabama Environmental Management Commission, and the Alabama Water Resources Council) which would gain new authorities to declare shortages, manage environmental flows, designate capacity stress areas, and oversee rulemaking and enforcement.

Key Provisions

• Creates the Alabama Water Conservation and Security Act and amends multiple sections of the Code (9-10B-2, -3, -20, -22, -23, -24) and adds new sections 9-10B-31 and 9-10B-32.
• Requires coordination between water planning and water quality management to protect biological, chemical, and physical integrity of waters, and to preserve environmental flows and levels.
• Empowers the Water Resources Commission to declare a water shortage or a water emergency and authorizes the Office of Water Resources to implement conservation measures during shortages or emergencies, including restricting terms/conditions of certificates and allocating water.
• Authorizes conservation credits for voluntary or planned conservation measures and allows joint conservation agreements to be registered and credited against required restrictions.
• Establishes environmental flows or levels by rule after consultation with the Alabama Water Resources Council and protects these flows during shortages or emergencies, with the burden of proof on the withdrawal proponent to show it would not impair the protected flows.
• Creates capacity stress areas where water use may be further restricted and requires specific rulemaking with concurrence of 13 commission members and notice to affected certificate holders.
• Provides enforcement and administrative framework through coordination with ADEM and related bodies and establishes reporting requirements and data system integration for conservation measures and credits.
• Effective date set as the first day of the third month after passage and governor's 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