North Carolina § 143-215 - 22G. Definitions.

§ 143-215. 22G. Definitions.

In addition to the definitions set forth in G.S. 143-212 and G.S. 143-213 , the following definitions apply to this Part. "Mainstem" means that portion of a river having the same name as a river basin defined in subdivision (1b) of this section. "Mainstem" does not include named or unnamed tributaries. "Public water system" means any unit of local government or large community water system subject to the requirements of G.S. 143-355(l). "River basin" means any of the following river basins designated on the map entitled "Major River Basins and Sub-basins in North Carolina" and filed in the Office of the Secretary of State on 16 April 1991. The term "river basin" includes any portion of the river basin that extends into another state. Any area outside North Carolina that is not included in one of the river basins listed in this subdivision comprises a separate river basin. 1-1 Broad River. b. 2-1 Haw River. c. 2-2 Deep River. d. 2-3 Cape Fear River. e. 2-4 South River. f. 2-5 Northeast Cape Fear River. g. 2-6 New River. h. 3-1 Catawba River. i. 3-2 South Fork Catawba River. j. 4-1 Chowan River. k. 4-2 Meherrin River. l. 5-1 Nolichucky River. m. 5-2 French Broad River. n. 5-3 Pigeon River. o. 6-1 Hiwassee River. p. 7-1 Little Tennessee River. q. 7-2 Tuskasegee (Tuckasegee) River. r. 8-1 Savannah River. s. 9-1 Lumber River. t. 9-2 Big Shoe Heel Creek. u. 9-3 Waccamaw River. v. 9-4 Shallotte River. w. 10-1 Neuse River. x. 10-2 Contentnea Creek. y. 10-3 Trent River. z. 11-1 New River. aa. 12-1 Albemarle Sound. bb. 13-1 Ocoee River. cc. 14-1 Roanoke River. dd. 15-1 Tar River. ee. 15-2 Fishing Creek. ff. 15-3 Pamlico River and Sound. gg. 16-1 Watauga River. hh. 17-1 White Oak River. ii. 18-1 Yadkin (Yadkin-Pee Dee) River. jj. 18-2 South Yadkin River. kk. 18-3 Uwharrie River. ll. 18-4 Rocky River. "Surface water" means any of the waters of the State located on the land surface that are not derived by pumping from groundwater. "Transfer" means the withdrawal, diversion, or pumping of surface water from one river basin and discharge of all or any part of the water in a river basin different from the origin. However, notwithstanding the basin definitions in G.S. 143-215.22G(1b), the following are not transfers under this Part: The discharge of water upstream from the point where it is withdrawn. The discharge of water downstream from the point where it is withdrawn. History (1991, c. 712, s. 1; 1993, c. 348, s. 1; 1997-443, s. 15.48(b); 2013-388, s. 1.) Editor's Note. - This Part was enacted by Session Laws 1991, c. 712, s. 1, which enacted sections numbered G.S. 143-215.22 A and 143-215.22B. These sections were renumbered as G.S. 143-215.22 G and 143-215.22H, and this section was placed in this Part, by the Revisor of Statutes. Session Laws 2010-157, ss. 1-3, provide: "1. Notwithstanding G.S. 150B-21.3 , French Broad River Basin Rule 15A NCAC 02B.0304, as adopted by the Environmental Management Commission on March 12, 2009, and approved by the Rules Review Commission on April 16, 2009, is effective July 1, 2011. Nothing in this act restricts the authority of the General Assembly to take further action on this issue, either as to the substance of the Rule or its effective date. "2. No later than January 1, 2011, the Department of Environment and Natural Resources shall provide for at least two public meetings on French Broad River Basin Rule 15A NCAC 02B.0304, as adopted by the Environmental Management Commission on March 12, 2009, and approved by the Rules Review Commission on April 16, 2009, in the vicinity of the area to be affected by the adoption of the Rule. The purpose of the public meetings is to provide information on the operation of the Rule, including what activities would be allowed and what activities would be prohibited by operation of the Rule. "3. No later than January 15, 2011, the Department of Environment and Natural Resources shall report to the Environmental Review Commission regarding the public meetings required by Section 2 of this act." Session Laws 2011-24, s. 1, provides: "Notwithstanding G.S. 150B-21.3 and S.L. 2010-157, French Broad River Basin Rule 15A NCAC 02B.0304, as adopted by the Environmental Management Commission on March 12, 2009, and approved by the Rules Review Commission on April 16, 2009, shall not become effective." Subdivisions (4) and (5) as added by Session Laws 2013-388, s. 1, were redesignated as subdivisions (1) and (1a), and former subdivision (1) was redesignated as subdivision (1b), at the direction of the Revisor of Statutes. Session Laws 2013-388, s. 6, is a severability clause. Effect of Amendments. - Session Laws 2013-388, s. 1, effective August 23, 2013, added subdivisions (4) and (5), which were subsequently renumbered as subdivisions (1) and (1a) by the Revisor of Statutes. Legal Periodicals. - For article, "The Evolution of Modern North Carolina Environmental and Conservation Policy Legislation," see 29 Campbell L. Rev. 535 (2007).