Title 12, Chapter 5, Section 95
( 12-5-95)
(a) The Board of Natural Resources shall prepare proposed
regulations to be applied, containing such of the following
provisions as the board finds appropriate concerning the use of
ground waters: (1) Provisions requiring water users within the area to submit
reports not more frequently than at 30 day intervals concerning
quantity of water used or withdrawn, sources of water, and the
nature of the use thereof; (2) With respect to ground waters, provisions concerning the
timing of withdrawals, provisions to protect against or abate
salt-water encroachment, and provisions to protect against or
abate unreasonable adverse effects on other water users within the
area, including but not limited to adverse effects on public use; (3) With respect to ground waters, provisions concerning well
depth and spacing controls, and provisions establishing a range of
prescribed pumping levels (elevations below which water may not be
pumped) or maximum pumping rates, or both, in wells or for the
aquifer or for any part thereof based on the capacities and
characteristics of the aquifer; (4) Such other provisions not inconsistent with this part as the
Board of Natural Resources finds necessary to implement the
purposes of this part. (b) The Board of Natural Resources shall conduct one or more
hearings upon the proposed regulations, in accordance with Chapter
13 of Title 50, the "Georgia Administrative Procedure Act." Upon
completion of the hearings and consideration of submitted evidence
and arguments with respect to any proposed regulation, the board
shall adopt its final action with respect thereto, and shall publish
such final action as part of its official regulations. The board is
empowered to modify or revoke from time to time any final action
previously taken by it pursuant to this Code section, any such
modifications or revocations, however, to be subject to the
procedural requirements of this part, including notice and hearing. (c) Any person wishing to contest the validity of a regulation may file for a declaratory judgment as provided for by Code Section 50-13-10. |