Title 12, Chapter 5, Section 543
( 12-5-543)
(a) The board is authorized and directed to establish by rule and
regulation for a drought abatement program for the Flint River basin
in accordance with this article. (b) In the performance of its duties, the board shall have and may
exercise the power to adopt, promulgate, modify, amend, and repeal
rules and regulations to implement and enforce the provisions of
this article as the board may deem necessary. The rules and
regulations may include, but shall not be limited to, the following: (1) Prescribing eligibility requirements for permittees of irrigation systems located in the affected areas to receive payments from the drought protection funds in accordance with Code Section 12-5-546. Such eligibility requirements shall include, without limitation, the following requirements: (A) The permittee must have applied to the division for a
surface-water or ground-water withdrawal permit prior to
December 1, 1999, and must have received a surface-water or
ground-water withdrawal permit from the division prior to
December 1, 2000; provided, however, that, if the director fails
to act on a permit application by December 1, 2000, the time for
receipt of a permit shall be extended until such time as the
director makes a decision on the application. If the director's
decision is to deny the permit and that decision is reversed on
appeal, the date of receipt of a permit shall be deemed to be
the date of the director's decision; and (B) The permittee must have demonstrated, in a manner to be
defined by the director, actual previous irrigation by the
permitted irrigation system on the same acres of land which the
permittee agrees not to irrigate in a given year; (2) Establishing documentation requirements for nonuse of an irrigation system pursuant to an agreement entered into pursuant to Code Section 12-5-546 or an order issued by the director in accordance with Code Section 12-5-547; (3) Establishing rules and procedures to be followed in connection with the irrigation reduction auction conducted pursuant to subsection (b) of Code Section 12-5-546; (4) Establishing rules and procedures to be followed in connection with payments to permittees from the drought protection funds pursuant to Code Section 12-5-547; or (5) Establishing rules and procedures for the conduct of meetings
and hearings. (c) Any rules and regulations promulgated by the board shall be
submitted by the board to the Speaker of the House of
Representatives and the President of the Senate for distribution to
the members of the General Assembly at the next regular session and
shall become effective upon the expiration of that session unless
during that session a resolution disapproving such regulations shall
have been adopted by both houses. |