Managing Ag Water Use During Drought: Policies in Georgia’s

Flint River Basin

Alabama Water Resources ConferenceAlabama Water Resources ConferenceOrange Beach, ALOrange Beach, ALSeptember 6, 2007September 6, 2007

Mark H. MastersMark H. MastersFlint River Water Planning & Policy CenterFlint River Water Planning & Policy Center

Albany State UniversityAlbany State UniversityRon Cummings, Doug Wilson, Kristin Rowles, Brigham DanielsRon Cummings, Doug Wilson, Kristin Rowles, Brigham Daniels

Southeastern

State

2005 Population Estimate

1970 Census

Numeric Change

Percent Change

Irrigated Acreage USGS

2000

Alabama 4,557,808 3,444,354 1,113,454 32%

70,000

Florida 17,789,864 6,791,418

10,998,446 162% 2,060,000

Georgia 9,072,576 4,587,930 4,484,646 98%

1,540,000

Kentucky 4,173,405 3,220,711

952,694 30%

66,600

Louisiana 4,523,628 3,644,637

878,991 24%

940,000

Mississippi 2,921,088 2,216,994

704,094 32%

1,420,000

North Carolina 8,683,242 5,084,411

3,598,831 71%

196,000

South Carolina 4,255,083 2,590,713

1,664,370 64%

187,000

Tennessee 5,962,959 3,926,018 2,036,941 52%

60,500

Water Users and Water

7.2 M people0.06 M acres irrigatedSOME surface waterLITTLE groundwater

Municipal & Industrial Surface Water Withdrawals

Municipal & Industrial Groundwater Withdrawals

1.9 M people1.54 M acres irrigatedMORE surface waterMUCH groundwater

How has Georgia dealt with these changes?

• 1977 (first water permitting of any kind) to 1988 nothing

• Began issuing withdrawal permits for agricultural uses of more than 100K gpd in 1988

• Passed Flint River Drought Protection Act in 2000

• Passed Agricultural Water Use Program 2003• Passed Comprehensive Statewide Water

Management Planning Act 2004

Situation Today• Approximately 9000 individuals hold

agricultural withdrawal permits• Approximately 1.5 million acres being

irrigated• Well over $1 billion invested to irrigate• Some basins over allocated• Permits are still being issued• Tri-state, ecological, statewide water

planning• Oh yeah…it’s been really dry too.

Critical Habitat?

Spring Creek, SW Georgia 6-19-06Spring Creek, SW Georgia 6-19-06 Flow at nearest downstream gage 45 cfs. Flow at same gauge 9-04-07, 0.0 cfs.Flow at nearest downstream gage 45 cfs. Flow at same gauge 9-04-07, 0.0 cfs.

Two Central Questions

1. Can the Georgia Environmental Protection Division (EPD) modify, revoke, or in any way alter water use permits during periods of drought?

2. Does the tenure of a permit affect the permittee’s vulnerability to any such modification or revocation?

Tenure 1Pre-7/1/88

Tenure 2 Post-7/1/88-Pre-12/1/99

Tenure 3Post-12/1/99Pre-12/31/02

Tenure 4 Post 12/31/02 Pre-4/20/06

Tenure 5Post 4/20/06

Standard used for EPD’s permitting decision

Pumping capacity of Installed

Equipment

Reasonable use

Reasonable use

Reasonable use

Reasonable use

Annual reporting required No No Surface: NoGW: Yes

Surface: NoGW: Yes

Surface: NoGW: Yes

May be required to pay for meter

No No No Yes Yes

Can initiate use prior to meter installation

Yes Yes No No No

Pay $250 application fee No No No No Yes

25-year term on permit No No No No Yes

Permit revocable for non-use

No No No No Yes; if initial use doesn’t

begin within 2 years

Qualifies for program put in place by the Flint River Basin Drought Protection

Act

Yes Yes No No No

O.C.G.A. 12-5-105 DNR Rules 391-3-2-.11

• “The Director may suspend or modify a permit, grandfathered or not, for farm use if he or she should determine through inspection, investigations, or otherwise that the quantity of water allowed would prevent other applicants from reasonable use of ground-water beneath their property for farm use), or if permitted withdrawals cause unreasonable adverse effects on other water users, including adverse effects on public and farm use.” Measures may include “selective curtailment or reduction of ground water withdrawal where it is found to be in the public interest to protect the water resources.”

However.....

• A new application for a farm use permit “...shall be issued to ensure the applicant’s right to a reasonable use of ground water,” but such permits are “...subject to evaluation and classification pursuant to O.C.G.A 12-5-95,96.

• Finally, subsection (g) provides that “the division shall take into consideration the extent to which any withdrawals...are reasonably necessary...to meet the applicant’s needs and shall grant a permit which shall meet those reasonable needs; provided, however, that the granting of such permit shall not have unreasonably adverse effects upon other water uses in the area...” (emphasis added)

We don’t find clear answers in the statutes, so where do we go from here……in times of scarcity.

Look to the Flint River Regional Water Development and Conservation Plan

Flint River Plan• Identifies areas in excess of safe yield and

recognizes “aggressive” strategies needed• “In considering new and existing

applications for both ground-water and surface-water withdrawals, EPD will evaluate the effect of the proposed water use on existing users and stream flow, and issue the new permit in such a way that the new permit will not adversely impact stream flow or the water available to existing users.”

Flint River Plan

• But the Plan also allows EPD to decrease “permitted withdrawal amounts of all other permitted users including “grandfathered” permits” to make room for new permits.

• Plan also introduces Conservation, Restricted and Capacity Use areas.

• Relies heavily on the Flint River Drought Protection Act as a means of maintaining adequate streamflow in times of drought

Drought Protection Act

• Previous auctions held in 2001 and 2002• Funding is only “guaranteed” through

legislative intent• Groundwater now eligible• Tenure of permits now comes in to play

particularly in the event of involuntary suspension

• Location• Post March 1 drought?

Farmer B (1993)

1000 Acres

Farmer A (1988)

3000 Acres

Farmer C (2006)

1500 Acres

Farmer D ?

What do we know?• Original two questions:

– Can the Georgia Environmental Protection Division (EPD) modify, revoke, or in any way alter water use permits during periods of drought?

– Does the tenure of a permit affect the permittee’s vulnerability to any such modification or revocation?

• Answer:– ?– Riparian laws during times of scarcity– Clarification through quantification

Conclusions?• Should the state continue expansion of irrigation

in over-allocated (during drought) basins?• Should any riparian have a right to use at the

expense of an established user?• Should the state give preference to different

permit tenures?• Should the law provide specific guidance how to

reduce irrigation in absence of the Drought Act?• Should the state begin the process of permit

quantification?

Annual average rainfall in Annual average rainfall in Georgia is Georgia is ≈≈ 50 trillion 50 trillion gallonsgallons..

Total (surface & ground) Total (surface & ground) water demand is ≈ 2.5 trillion water demand is ≈ 2.5 trillion gallons.gallons.

Demand minus thermoelectric Demand minus thermoelectric is ≈ 1.2 trillion gallons.is ≈ 1.2 trillion gallons.

Mark H. MastersASU Flint River Water Policy Center

mmasters@h2opolicycenter.org229-430-2900 x36