Code of Alabama - Title 9: Conservation and Natural Resources - Chapter 10B - Alabama Water Resources

• Section 9-10B-1 Short title
  This chapter shall be cited as the "Alabama Water Resources Act."
• 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...
• Section 9-10B-3 Definitions
  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...
• Section 9-10B-4 Office of Water Resources created
  There is hereby created the Alabama Office of Water Resources as a division of the Department of Economic and Community Affairs.
• Section 9-10B-5 Functions and duties of Office of Water Resources
  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...
• Section 9-10B-6 Negotiation and consummation of interstate compacts
  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...
• Section 9-10B-7 Office headed by division chief
  The Office of Water Resources shall be headed by and shall be under the direction, supervision, and control of an officer who shall be known...
• Section 9-10B-8 Power and authority of division chief
  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...
• Section 9-10B-9 Recommendation of proposed rules by division chief
  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...
• 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...
• 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...
• 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)...
• 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...
• 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,...
• 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...
• 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...
• 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,...
• 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...
• 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...
• 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...
• 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,...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• Section 9-10B-28 Expenditure of appropriations
  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...
• Section 9-10B-29 Charging fees or taxes
  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...
• Section 9-10B-30 Application of Alabama Administrative Procedure Act
  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...

Last modified: May 3, 2021