Section 9-10B-1 – Short Title.
Section 9-10B-1 Short title. This chapter shall be cited as the “Alabama Water Resources Act.” (Acts 1993, No. 93-44, p. 78, §2.)
Section 9-10B-1 Short title. This chapter shall be cited as the “Alabama Water Resources Act.” (Acts 1993, No. 93-44, p. 78, §2.)
Section 9-10B-10 Establishment of technical or other advisory committees. The division chief may establish such technical or other advisory committees to assist the commission or the Office of Water Resources in the performance of its functions and duties. (Acts 1993, No. 93-44, p. 78, §11.)
Section 9-10B-11 Determination of number of employees needed. The division chief shall, with the approval of the director and subject to the provisions of the state Merit System, determine the number of employees needed for the efficient and economical performance of the functions and duties of the Office of Water Resources. (Acts 1993, No. 93-44, […]
Section 9-10B-12 Water Resources Commission created; membership. There is hereby created the Alabama Water Resources Commission. The commission shall consist of 19 members who are citizens of this state as follows: (1) Seven of the members of the commission shall be appointed by the Governor with one member being a resident of each congressional district […]
Section 9-10B-13 Terms of members of commission. The terms of the initial members of the commission shall begin on February 23, 1993 and shall be as follows: (1) Five of the members appointed by the Governor shall be selected by the Governor to serve for a period of two years; (2) Four of the members […]
Section 9-10B-14 Expiration of term or vacancy on commission; succession; appointment. At the expiration of the terms of the members initially appointed to the commission, their successors shall be appointed by the Governor, the Lieutenant Governor, and Speaker of the House of Representatives on the same basis as the initial members for terms of six […]
Section 9-10B-15 Chairperson of commission; length of term; successor. The Governor shall select the initial chairperson of the commission from among the members of the commission. The chairperson shall serve for a term of two years. After the expiration of the term of the chairperson initially appointed, the commission shall elect a successor from among […]
Section 9-10B-16 Duties of commission. The commission shall have the following duties: (1) To advise the Governor and the presiding officers of the Senate and House, as necessary or as requested, on all matters related to the waters of the state as provided in this chapter; (2) To provide guidance to the director and the […]
Section 9-10B-17 Remuneration of commission; meetings; division chief as ex officio secretary. (a) The members of the commission shall receive no salary or compensation as members of such commission, but shall be reimbursed for expenses of travel, meals, and lodging while in the performance of their duties as members of such commission in accordance with […]
Section 9-10B-18 Adoption of rules and regulations for operation of commission; administrative hearings. As soon as reasonably practicable, but in no event later than one year from February 23, 1993, the commission shall adopt rules and regulations for the operation of the commission. The commission shall also adopt rules governing all administrative hearings and appeals […]
Section 9-10B-19 Promulgation of rules governing declarations of beneficial use and certificates of use. As soon as reasonably practicable, but in no event later than one year from February 23, 1993, the commission, in consultation with the Office of Water Resources, shall promulgate and adopt rules and regulations governing declarations of beneficial use and certificates […]
Section 9-10B-2 Legislative findings; exemptions. The Legislature of the State of Alabama hereby finds and declares that: (1) All waters of the state, whether found on the surface of the ground or underneath the surface of the ground, are among the basic resources of the State of Alabama; (2) The use of waters of the […]
Section 9-10B-20 Submission of declaration of beneficial use; requirements and limitations; certificate of use. (a) A declaration of beneficial use shall be submitted within 90 days of the promulgation of rules and regulations governing such declarations by each public water system that regularly serves, individually or in combination with other such systems, more than 10,000 […]
Section 9-10B-21 Critical use studies to determine if areas should be designated as capacity stress areas. The division chief shall notify the commission of the designation of areas of the state for which the Office of Water Resources, in coordination with, or with the assistance of, other agencies of the state or federal government, shall […]
Section 9-10B-22 Implementation of use restriction alternatives; conditions, limitations, or restrictions on certificate of use. (a) Upon the designation of any area of the state as a capacity stress area where the commission specifically finds the implementation of a use restriction alternative is necessary because the aggregate existing or reasonably foreseeable uses of the waters […]
Section 9-10B-23 Authority of Alabama Department of Environmental Management to implement and enforce rules and regulations. (a) In the event the commission adopts or promulgates any rules or regulations limiting or reducing the quantity of water available to a person holding a certificate of use, the implementation and enforcement of such rules and regulations shall […]
Section 9-10B-24 Alabama Water Resources Council established; composition of members; advisory capacity. There is hereby established the Alabama Water Resources Council. The Water Resources Council shall act in an advisory capacity to the Office of Water Resources and shall be comprised of one representative appointed by each of the following entities: The Alabama Department of […]
Section 9-10B-25 Considerations when designating capacity stress areas; authority of local organizations to implement proposed actions. During the designation of a capacity stress area, the commission shall give due consideration to any hydrologic boundaries or other geographical considerations in designating an area of the state as a capacity stress area. In addition, the commission shall […]
Section 9-10B-26 Effect of chapter on other state departments and agencies. Nothing in this chapter shall be interpreted as negating, destroying, impairing, preempting, or superseding any statutory, common law, or other legal right, duty, power, or authority of the Alabama Department of Environmental Management, the Alabama Department of Conservation and Natural Resources, the Alabama Department […]
Section 9-10B-27 Effect of chapter on water use rights of riparian land owners. Nothing contained in this chapter shall change or modify existing common or statutory law with respect to the rights of existing or future riparian owners concerning the use of the waters of the state. (Acts 1993, No. 93-44, p. 78, §28.)