Title 9 — Title 9

This chapter shall be cited as the “Alabama Water Resources Act.” History: (Acts 1993, No. 93-44, p. 78, §2.)

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. History: (Acts 1993, No. 93-44, p. 78, §11.)

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. History: (Acts …

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 congression…

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 appointed by the Governor s…

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 ye…

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 …

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 …

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 Article…

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 hearing…

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 ce…

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 state for h…

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 system…

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 conduct a critical use…

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 use…

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 regulati…

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: Th…

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 add…

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…

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. History: (Acts 1993, No. 93-44, p. 78, §28.)

All appropriations to the Alabama Office of Water Resources shall be expended by the Office of Water Resources and Water Resources Commission for only those purposes authorized by this chapter. All penalties collected pursuant to this chapter shall be deposited in the General Fun…

The Office of Water Resources and the Alabama Water Resources Commission shall not charge or collect any fees or taxes from any person as a result of this chapter or of the powers granted to the Office of Water Resources or the Alabama Water Resources Commission, unless expressly…

For the purposes of this chapter, the following words and phrases, unless a different meaning is plainly required by the context, shall have the following meanings: (1) AREA OF THE STATE. Any municipality or county, including portions thereof, or other geographical area of the st…

It is the intent of the Legislature that the Office of Water Resources and the Alabama Water Resources Commission shall be subject to all provisions of the Alabama Administrative Procedure Act, Chapter 22, Title 41. History: (Acts 1993, No. 93-44, p. 78, §31.)

There is hereby created the Alabama Office of Water Resources as a division of the Department of Economic and Community Affairs. History: (Acts 1993, No. 93-44, p. 78, §5.)

The general functions and duties of the Office of Water Resources shall be as follows: (1) To develop long-term strategic plans for the use of the waters of the state by conducting and participating in water resource studies and by administering the laws established by this chapt…

The Office of Water Resources shall act on behalf of the state in the negotiation and consummation of any compact with another state or states (with or without federal interests) concerning the waters of the state; provided, however, the consummation of any such compact is subjec…

The Office of Water Resources shall be managed by a division chief who shall be appointed by the director, with the approval of the Governor, and shall report to, and be under the direct supervision of, the director. The division chief shall carry out the functions and duties of …

The division chief shall have the power and authority necessary to carry out the functions and duties of the Office of Water Resources. All functions and duties of the Office of Water Resources shall be exercised by the division chief or through such officers or employees as the …

The division chief, from time to time, may recommend to the commission proposed rules and regulations, including amendments and repeals thereof, for consideration by the commission. All such rules and regulations shall be reasonably calculated to effect the expeditious and effici…