North Carolina § 143-354 - Ordinary powers and duties of the Commission.

§ 143-354. Ordinary powers and duties of the Commission.

Powers and Duties in General. - Except as otherwise specified in this Article, the powers and duties of the Commission shall be as follows: The Commission shall carry out a program of planning and education concerning the most beneficial long-range conservation and use of the water resources of the State. It shall investigate the long-range needs of counties and municipalities and other local governments for water supply storage available in federal projects. The Commission shall advise the Governor as to how the State's present water research activities might be coordinated. Repealed by Session Laws 2008-143, s. 4, effective July 31, 2008. The Commission is authorized to call upon the Attorney General for such legal advice as is necessary to the functioning of the Commission. Recognizing the complexity and difficulties attendant upon the recommendation of the General Assembly of fair and beneficial legislation affecting the use and conservation of water, the Commission shall solicit from the various water interests of the State their suggestions thereon. The Commission may hold public hearings for the purpose of obtaining evidence and information and permitting discussion relative to water resources legislation and shall have the power to subpoena witnesses therefor. All recommendations for proposed legislation made by the Commission shall be available to the public. The Commission shall adopt such rules and regulations as may be necessary to carry out the purposes of this Article. Any member of the Commission or any person authorized by it, shall have the right to enter upon any private or public lands or waters for the purpose of making investigations and studies reasonably necessary in the gathering of facts concerning streams and watersheds, subject to responsibility for any damage done to property entered. The Commission is authorized to provide to federal agencies the required assurances, subject to availability of appropriations by the General Assembly or applicable funds or assurances from local governments, of nonfederal cooperation for water supply storage and other congressionally authorized purposes in federal projects. The Commission is authorized to assign or transfer to any county or municipality or other local government having a need for water supply storage in federal projects any interest held by the State in such storage, upon the assumption of repayment obligation therefor, or compensation to the State, by such local government. The Commission shall also have the authority to reassign or transfer interests in such storage held by local governments, if indicated by the investigation of needs made pursuant to subdivision (1) of subsection (a) of this section, subject to equitable adjustment of financial responsibility. through (e). Repealed by Session Laws 2008-143, s. 4, effective July 31, 2008. History (1959, c. 779, s. 1; 1967, c. 1071, ss. 1, 2; 1973, c. 1262, s. 23; 1991, c. 342, s. 15(b); 1993, c. 539, s. 1033; 1994, Ex. Sess., c. 24, s. 14(c); 2008-143, s. 4.) Cross References. - As to the powers of the Environmental Management Commission, G.S. 143-215.3 . Editor's Note. - Session Laws 2002-167, s. 3(a) to (c), as amended by Session Laws 2004-195, s. 4, provides: "(a) Pursuant to subdivisions (1) and (8) of G.S. 143-354(a) , the Environmental Management Commission shall develop and implement rules governing water conservation and water reuse during drought and water emergency situations. The rules shall establish minimum standards and practices for water conservation and water reuse for all of the following classes of water users: "(1) Publicly owned and privately owned water supply systems. "(2) State agencies. "(3) Local governments. "(4) Business and industrial users of water. "(5) Agricultural and horticultural users of water. "(b) In developing the rules authorized by subsection (a) of this section, the Environmental Management Commission shall consult with representatives of water users and advocacy groups listed in subsection (a) of Section 5 of this act. "(c) Rules adopted pursuant to subsection (a) of this section shall not supercede or modify existing rules governing water used in the generation of electricity. This section shall not be construed to authorize the Commission to adopt temporary rules. The Commission shall adopt permanent rules so that the rules will become effective following legislative review pursuant to G.S. 150B-21.3(b) by the 2006 Regular Session of the 2005 General Assembly." Session Laws 2008-143, s. 20, provides: "Nothing in this act shall be construed to expand or limit the authority of a unit of government or public water supply system to regulate water use from a well located outside of its jurisdiction, a well not connected to its water system, or any other private well." Effect of Amendments. - Session Laws 2008-143, s. 4, effective July 31, 2008, deleted subdivision (a)(3), relating to the duty of the Commission to notify any municipality or other governmental unit of potential water shortages or emergencies; and deleted subsections (b) through (e), relating to declaration of water emergency, water emergency powers and duties of the commission, temporary rights of way, and compensation for water allocated during water emergency and temporary rights of way.