Regulatory Review Process for Water Use Allocation

This content outlines the step-by-step regulatory review process for 15A NCAC 2E rules governing water use registration and allocation. It covers initial agency determinations, public comment periods, Rules Review Commission (RRC) reviews, and Administrative Procedure Oversight (APO) committee consultations.

• Regulatory review
• Water use
• Allocation
• Rules commission
• Administrative procedure

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1. Regulatory Review of 15A NCAC 2E 3 step process Step 1 Agency determination Initial determination and public comment period Step 2 Rules Review Commission(RRC) review Reviews agency s report and makes final determination Step 3 Administrative Procedure Oversight (APO) Committee consultation Opportunity to review final determination before it becomes effective

2. Determinations Unnecessary Rule will expire and be removed from code Necessary without substantive public interest Rule will remain in effect without further action Necessary with substantive public interest Rule shall be readopted as if it was new in accordance with APA

3. 15A NCAC 02E Rule Citation Rule Title Initial Determination 15A NCAC 02E WATER USE REGISTRATION AND ALLOCATION Section .0100 General Provisions (2 rules) Section .0300 Registration of Water Withdrawals and Transfers (1 rule) Section .0400 Regulation of Surface Water Transfers (2 rules) Section .0500 Central Coastal Plain Capacity Use Area (7 rules) Section .0600 Water Use During Droughts and Water Supply Emergencies (15 rules)

4. Summary of Initial Determinations Implements or Conforms to Federal Regulation [150B- 21.3A(e)] Date and Last Agency Action on the Rule Agency Determination [150B-21.3A(c)(1)a] Rule Section Rule Citation Rule Name SECTION .0100 - GENERAL PROVISIONS 15A NCAC 02E .0106 DEFINITIONS Amended Eff. August 1, 2002 Necessary with substantive public interest No 15A NCAC 02E .0107 DELEGATION Amended Eff. August 1, 2002 Necessary with substantive public interest No SECTION .0300 - REGISTRATION OF WATER WITHDRAWALS AND TRANSFERS 15A NCAC 02E .0301 APPLICATION; PROCESSING FEES Amended Eff. September 1, 1994 Necessary with substantive public interest No 15A NCAC 02E .0401 APPLICABILITY Eff. September 1, 1994 SECTION .0400 - REGULATION OF SURFACE WATER TRANSFERS Necessary with substantive public interest No 15A NCAC 02E .0402 JUDICIAL REVIEW Necessary with substantive public interest No Eff. September 1, 1994

5. Implements or Conforms to Federal Regulation [150B- 21.3A(e)] Date and Last Agency Action on the Rule Agency Determination [150B-21.3A(c)(1)a] Rule Section Rule Citation Rule Name SECTION .0500 - CENTRAL COASTAL PLAIN CAPACITY USE AREA 15A NCAC 02E .0501 DECLARATION AND DELINEATION OF CENTRAL COASTAL PLAIN CAPACITY USE AREA WITHDRAWAL PERMITS Eff. August 1, 2002 Necessary with substantive public interest No 15A NCAC 02E .0502 Eff. August 1, 2002 Necessary with substantive public interest No 15A NCAC 02E .0503 PRESCRIBED WATER USE REDUCTIONS IN CRETACEOUS AQUIFER ZONES REQUIREMENTS FOR ENTRY AND INSPECTION Eff. August 1, 2002 Necessary with substantive public interest No 15A NCAC 02E .0504 Eff. August 1, 2002 Necessary with substantive public interest No 15A NCAC 02E .0505 ACCEPTABLE WITHDRAWAL METHODS THAT DO NOT REQUIRE A PERMIT CENTRAL COASTAL PLAIN CAPACITY USE AREA STATUS REPORT Eff. August 1, 2002 Necessary with substantive public interest No 15A NCAC 02E .0506 Eff. August 1, 2002 Necessary with substantive public interest Necessary with substantive public interest No 15A NCAC 02E .0507 DEFINITIONS Eff. August 1, 2002 No

6. Implements or Conforms to Federal Regulation [150B- 21.3A(e)] Date and Last Agency Action on the Rule Agency Determination [150B-21.3A(c)(1)a] Rule Section Rule Citation Rule Name SECTION .0600 WATER USE DURING DROUGHTS AND WATER SUPPLY EMERGENCIES 15A NCAC 02E .0601 SCOPE Eff. March 19, 2007 Necessary with substantive public interest No 15A NCAC 02E .0602 DEFINITIONS Eff. March 19, 2007 Necessary with substantive public interest Necessary with substantive public interest Necessary with substantive public interest No 15A NCAC 02E .0603 GENERAL INFORMATION Eff. March 19, 2007 No 15A NCAC 02E .0604 ANNUAL REPORTING OF WATER USE DATA Eff. March 19, 2007 No 15A NCAC 02E .0605 WATER USE REDUCTION REPORTING, NEW WATER WITHDRAWAL REPORTING AND REGIONAL COORDINATION DURING DROUGHTS WATER SHORTAGE RESPONSE PLANNING REQUIREMENTS Eff. March 19, 2007 Necessary with substantive public interest No 15A NCAC 02E .0606 Eff. March 19, 2007 Necessary with substantive public interest No 15A NCAC 02E .0607 PUBLICLY AND PRIVATELY OWNED WATER SYSTEM WATER SHORTAGE RESPONSE PLANNING REQUIREMENTS STATE AGENCY WATER SHORTAGE RESPONSE PLANNING REQUIREMENTS Eff. March 19, 2007 Necessary with substantive public interest No 15A NCAC 02E .0608 Eff. March 19, 2007 Necessary with substantive public interest No

7. Implements or Conforms to Federal Regulation [150B- 21.3A(e)] Date and Last Agency Action on the Rule Agency Determination [150B-21.3A(c)(1)a] Rule Section Rule Citation Rule Name 15A NCAC 02E .0609 LOCAL GOVERNMENT WATER SHORTAGE RESPONSE PLANNING REQUIREMENTS BUSINESS AND INDUSTRIAL WATER SHORTAGE RESPONSE PLANNING REQUIREMENTS AGRICULTURAL AND HORTICULTURAL WATER SHORTAGE RESPONSE PLANNING REQUIREMENTS DEFAULT WATER SHORTAGE RESPONSE PLANNING MEASURES DEFAULT WATER USE REDUCTION MEASURES DURING NCDMAC EXTREME DROUGHT DESIGNATIONS DEFAULT WATER USE REDUCTION MEASURES DURING NCDMAC EXCEPTIONAL DROUGHT DESIGNATIONS WATER REUSE DURING DROUGHTS AND WATER EMERGENCIES Eff. March 19, 2007 Necessary with substantive public interest No 15A NCAC 02E .0610 Eff. March 19, 2007 Necessary with substantive public interest No 15A NCAC 02E .0611 Eff. March 19, 2007 Necessary with substantive public interest No Necessary with substantive public interest 15A NCAC 02E .0612 Eff. March 19, 2007 No 15A NCAC 02E .0613 Eff. March 19, 2007 Necessary with substantive public interest No 15A NCAC 02E .0614 Eff. March 19, 2007 Necessary with substantive public interest No Necessary with substantive public interest 15A NCAC 02E .0615 Eff. March 19, 2007 No

8. Schedule Initial Determinations, WAC Nov 2015 Approve Determinations for public comment, EMC - Jan 2016 Public Comment Period, Feb - Apr 2016 Update, WAC - July 2016 Action to approve Determinations, EMC - Sep 2016 Report Due to RRC - Oct 2016 APO of General Assembly, 60 days, Final Determination effective Dec 2016 Commence Rulemaking to re-adopt rules in accordance with APA

9. Staff Recommendation Request Approval to Proceed with Rules Review of Rules 15A NCAC 02E in accordance with SL2013-413