Code of Alabama
Chapter 10B - Alabama 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 area of the state as a capacity stress area. In addition, the commission shall determine whether any local organization, including, but not limited to, watershed management authorities, conservancy districts, or soil and water conservation districts, are duly organized and authorized to implement the proposed actions in a capacity stress area other than those actions delegated to the Alabama Department of Environmental Management pursuant to Section 9-10B-23. In the absence of local organizations or in the event any such local organizations do not have the authority or are not authorized to take the action proposed within the capacity stress area, the Office of Water Resources shall implement such actions promulgated and adopted by the commission; provided, however, the Office of Water Resources shall recognize, cooperate, and coordinate with any such local organizations involved with the management, conservation, protection, enhancement, and development of the waters of the state within the capacity stress area.

Structure Code of Alabama

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-18 - Adoption of Rules and Regulations for Operation of Commission; Administrative Hearings.

Section 9-10B-19 - Promulgation of Rules Governing Declarations of Beneficial Use and Certificates of Use.

Section 9-10B-20 - Submission of Declaration of Beneficial Use; Requirements and Limitations; Certificate of Use.

Section 9-10B-21 - Critical Use Studies to Determine if Areas Should Be Designated as Capacity Stress Areas.

Section 9-10B-22 - Implementation of Use Restriction Alternatives; Conditions, Limitations, or Restrictions on Certificate of Use.

Section 9-10B-23 - Authority of Alabama Department of Environmental Management to Implement and Enforce Rules and Regulations.

Section 9-10B-24 - Alabama Water Resources Council Established; Composition of Members; Advisory Capacity.

Section 9-10B-25 - Considerations When Designating Capacity Stress Areas; Authority of Local Organizations to Implement Proposed Actions.

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.