(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 of the state in such an area exceed or will exceed the availability of such waters and is required to protect the availability of the waters of the state within such area, the commission shall immediately initiate rule-making procedures to consider appropriate conditions or limitations applicable to all certificates of use within such area; provided, however, that the commission shall not adopt or promulgate any rule or regulation with respect to any capacity stress area without the concurrence of 13 of the members of the commission. Any such conditions or limitations shall be confined to matters necessary for the protection of the beneficial use of the waters of the state. In addition to any other requirement of law, the notice of rule-making shall be sent by certified mail, return receipt requested, to each person within such area holding a certificate of use. The notice of rule-making shall include a description of the actions proposed by the commission, including the duration thereof, in the capacity stress area.
(b) Any rules or regulations proposed under this section shall consider fully all relevant matters prior to the adoption of any conditions, limitations, or restrictions upon any certificate of use within a capacity stress area. Such matters shall include, but shall not be limited to: the uses of water under each certificate of use within such area; the quantity of any water returned by each holder of a certificate of use to the capacity stress area; the reasonably foreseeable impacts to the economic or other interests of the state as a result of the imposition of any conditions, limitations, or restrictions upon each certificate of use; and the effect of such conditions, limitations, or restrictions upon the status of such area as a capacity stress area.
(c) Every 12 months, or sooner if necessary or requested by the division chief, the commission shall confirm the conditions applicable to a capacity stress area to determine what, if any, modifications to the designation of the capacity stress area are appropriate.
Structure Code of Alabama
Title 9 - Conservation and Natural Resources.
Chapter 10B - Alabama Water Resources.
Section 9-10B-1 - Short Title.
Section 9-10B-2 - Legislative Findings; Exemptions.
Section 9-10B-3 - Definitions.
Section 9-10B-4 - Office of Water Resources Created.
Section 9-10B-5 - Functions and Duties of Office of Water Resources.
Section 9-10B-6 - Negotiation and Consummation of Interstate Compacts.
Section 9-10B-7 - Office Headed by Division Chief.
Section 9-10B-8 - Power and Authority of Division Chief.
Section 9-10B-9 - Recommendation of Proposed Rules by Division Chief.
Section 9-10B-10 - Establishment of Technical or Other Advisory Committees.
Section 9-10B-11 - Determination of Number of Employees Needed.
Section 9-10B-12 - Water Resources Commission Created; Membership.
Section 9-10B-13 - Terms of Members of Commission.
Section 9-10B-14 - Expiration of Term or Vacancy on Commission; Succession; Appointment.
Section 9-10B-15 - Chairperson of Commission; Length of Term; Successor.
Section 9-10B-16 - Duties of Commission.
Section 9-10B-17 - Remuneration of Commission; Meetings; Division Chief as Ex Officio Secretary.
Section 9-10B-26 - Effect of Chapter on Other State Departments and Agencies.
Section 9-10B-27 - Effect of Chapter on Water Use Rights of Riparian Land Owners.
Section 9-10B-28 - Expenditure of Appropriations.
Section 9-10B-29 - Charging Fees or Taxes.
Section 9-10B-30 - Application of Alabama Administrative Procedure Act.