HB476 Alabama 2019 Session

Summary

Primary Sponsor

Neil RaffertyRepresentative

Democrat

Session

Regular Session 2019

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

Creates the Alabama Water Conservation and Security Act to preserve water flows, coordinate water quality with allocation, and give state agencies broader powers to manage shortages and protect environmental flows.

What This Bill Does

It establishes a statewide framework for conserving and allocating water during droughts and emergencies, including the ability to declare shortages or emergencies, restrict certificate terms, limit withdrawals, allocate water among uses, and award conservation credits for conservation measures. It requires protecting environmental flows and levels in all waters, with environmental flows set by rule after consulting the Alabama Water Resources Council, and it prohibits issuing certificates that would impair these flows. It changes definitions and authorities around beneficial use, certificates of use, capacity stress areas, and enforcement, and it creates the Alabama Water Resources Council and planning advisory committees to guide decisions.

Who It Affects

• Certificate of Use holders and other water users: could face restrictions on terms and withdrawals during shortages or emergencies, may be required to file declarations of beneficial use and report water use, and could earn conservation credits for reducing usage or implementing agreed-upon conservation measures.
• State agencies and related entities: including the Office of Water Resources, the Water Resources Commission, the Alabama Department of Environmental Management, and the Alabama Water Resources Council, which would plan, implement, monitor, enforce, and advise on water allocation, environmental flows, and related rules.

Key Provisions

• Establishes the Alabama Water Conservation and Security Act to preserve flows, coordinate water quality with allocation, and manage droughts and water emergencies.
• Requires environmental flows and levels to be established and protected; prohibits issuing a certificate of use for any withdrawal that would impair these flows; environmental flows are set by rule after consultation with the Alabama Water Resources Council; burden of proof for withdrawals rests on the person proposing the withdrawal.
• Empowers the Water Resources Commission and Office of Water Resources to declare water shortages or emergencies, restrict terms in certificates of use, regulate withdrawals during shortages or emergencies, allocate water among uses, and grant conservation credits for conservation measures.
• Creates capacity stress areas with rulemaking procedures that require substantial commission concurrence, notices to certificate holders, and rules that protect the beneficial use of water within those areas.
• Expands the framework for beneficial uses and certificates of use, including reporting requirements for large users, exemptions for certain in-stream uses and small impoundments, and rules governing declarations of beneficial use and associated certificates.
• Establishes the Alabama Water Resources Council as an advisory body and enables planning advisory committees to help develop plans and strategies for water resources and related water quality coordination.
• Effective date: becomes law on the first day of the third month after 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