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

Managing Ag Water Use During Drought: Policies in Georgia’s Flint River Basin. Alabama Water Resources Conference Orange Beach, AL September 6, 2007. Mark H. Masters Flint River Water Planning & Policy Center Albany State University Ron Cummings, Doug Wilson, Kristin Rowles, Brigham Daniels.

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

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  1. Managing Ag Water Use During Drought: Policies in Georgia’s Flint River Basin Alabama Water Resources Conference Orange Beach, AL September 6, 2007 Mark H. Masters Flint River Water Planning & Policy Center Albany State University Ron Cummings, Doug Wilson, Kristin Rowles, Brigham Daniels

  2. Southeastern

  3. Water Users and Water 7.2 M people 0.06 M acres irrigated SOME surface water LITTLE groundwater Municipal & Industrial Surface Water Withdrawals Municipal & Industrial Groundwater Withdrawals 1.9 M people 1.54 M acres irrigated MORE surface water MUCH groundwater

  4. 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

  5. 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.

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

  7. Two Central 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?

  8. 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.....

  9. 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)

  10. 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

  11. 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.”

  12. 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

  13. 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?

  14. Farmer B (1993) 1000 Acres Farmer A (1988) 3000 Acres Farmer C (2006) 1500 Acres Farmer D ?

  15. 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

  16. 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?

  17. Demand minus thermoelectric is ≈ 1.2 trillion gallons. Total (surface & ground) water demand is ≈ 2.5 trillion gallons. Annual average rainfall in Georgia is ≈ 50 trillion gallons.

  18. Mark H. MastersASU Flint River Water Policy Centermmasters@h2opolicycenter.org 229-430-2900 x36

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