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Water Use Act of 1967 (North Carolina)

Eligibility 
Commercial
Industrial
Construction
Transportation
Savings Category 
Fuel Cells
Photovoltaics
Program Info
State 
North Carolina
Program Type 
Environmental Regulations
Provider 
Department of Environment and Natural Resources

This act sets rules for withdrawing waters in excess of 100,000 gallons per day, for constructing, installing or operating any new well or withdrawal facilities having a capacity in excess of a rate established by the rule, prohibiting any person discharging water pollutants to the waters from increasing the rate of discharge in excess of the rate established in the rule, prohibiting any person from constructing, installing or operating any facility that will or may result in the discharge of water pollutants to the waters in excess of the rate established in the rule.

In areas declared by the Environmental Management Commission to be capacity use areas no person shall (after the expiration of such period, not in excess of six months, as the Commission may designate) withdraw, obtain, or utilize surface waters or groundwaters or both, as the case may be, in excess of 100,000 gallons per day for any purpose unless such person shall first obtain a permit therefor from the Commission. When necessary for enforcement and when authorized by rules of the Commission, employees of the Commission may inspect any property, public or private, to investigate the condition, withdrawal or use of any waters; water sources; or the installation or operation of any well or surface water withdrawal or use facility.

It is against the public policy of North Carolina to withdraw water from any major river or reservoir if both of the following factors are present: (i) the withdrawal will cause the natural flow of water in the river or a portion of the reservoir to be reversed; and (ii) substantial portions of the water are not returned to the river system after use.