Title 12, Chapter 5, Section 102
( 12-5-102)
(a) After receipt of affidavits or other sworn statements from
persons setting forth an emergency situation requiring immediate
action to protect the public health or welfare, and after the
division finds that such an emergency exists requiring immediate
action to protect the public health or welfare, the division may,
without notice or hearing, issue an order reciting the existence of
such an emergency and requiring that such action be taken as the
division deems necessary to meet the emergency. Such order shall,
except as to farm uses, be effective immediately, and any person to
whom such order is directed shall comply therewith immediately but,
on application to the division, shall be afforded a hearing within
five days from the day on which the order is issued. On the basis
of such hearing, the division shall continue such order in effect,
revoke it, or modify it. (b) Any appeal from such order shall be in accordance with subsection (c) of Code Section 12-2-2, and, for the purposes of this part, shall be specifically subject to subsection (a) of Code Section 50-13-19, except that the initial hearing shall be within five days from the date on which the order was issued. Farm use permittees may continue to make use of water to their permitted capacity during the appeal process, but failure to timely request a hearing shall waive such right. (c) During emergency periods of water shortage, the director shall
give first priority to providing water for human consumption and
second priority to farm use. (d) The importance and necessity of water for industrial purposes
are in no way modified or diminished by this Code section. |