Rule 391-3-28-.05. Eligibility

To be eligible for consideration to receive money from the drought protection fund, the agricultural permit holder must possess an auction certificate from the Division. To acquire this auction certificate, the agricultural permit holder shall submit to the Division, before any further consideration, documentary evidence including, but not necessarily limited to, the following information:

1. (a) Location within the affected areas. The geographic area for eligible permits is defined as follows:

   1. (1) Surface-water permits.

      1. (i) Watersheds within the Flint River Basin as designated by the Director at the time of drought declaration.

   2. (2) Ground-water permits.

      1. (i) Areas designated by the Director at the time of drought declaration. Such areas shall be in or within 3 miles adjacent to the Flint River or its tributaries where geologic studies indicate that Floridan aquifer ground-water withdrawals in such areas may directly decrease stream flow in the Flint River or its tributaries.

2. (b) The Agricultural Permit or the Permit Number;

   A copy of the agricultural ground water or surface water permit or its associated permit number must be provided to the Division. The agricultural Permittee must have previously applied to the Division for a surface water or groundwater withdrawal permit prior to December 1, 1999, and must have already received a surface water or groundwater withdrawal permit from the Division prior to December 1, 2000.

   1. (1) If the Director fails to act on a permit application by December 1, 2000, which was received by the Division prior to December 1, 1999, the time for receipt of a permit shall be extended until such time as the Director makes a decision on that application.
   2. (2) If the Director's decision is to deny the permit and that decision is reversed on appeal, the date of receipt of a permit shall be deemed to be the date of the Director's decision.

3. (c) The latitude-longitude location of the permitted surface water or groundwater point of withdrawal;

   The existence of the withdrawal location must be validated by a representative of the Division using Global Positioning System (GPS) or equivalent technology capable of determining latitude/longitude to within 5 meter accuracy. Such validation shall occur when the Division representative;

   1. (1) visits the physical location of the point of water withdrawal,
   2. (2) verifies that the specific water withdrawal actually exists,
   3. (3) takes GPS or equivalent readings of the geographic location of the point of withdrawal, and
   4. (4) establishes the connection between that specific validated withdrawal location and a particular agricultural permit number.
4. (d) The irrigated acreage associated with that specific point of agricultural water withdrawal; and Division representatives, in conjunction with the permit holder, shall determine the amount of irrigated acreage irrigated by a fixed irrigation system and associated with that particular permitted groundwater or surface water point of water withdrawal. Sufficient documentation for the calculation of irrigated field acreage may include, but is not limited to, aerial photos, digital delineation or any other additional process. If a single well or surface-water pump supplies multiple irrigation systems, the acreage irrigated by individual fixed irrigation systems may be removed from irrigation in accordance with 391-3-28-.07.

5. (e) Previous Irrigation Usage.

   The agricultural Permittee shall have installed an approved flow meter consistent with the provisions of the Water Quality Act O.C.G.A. 12-5-20et seq. and the Groundwater Use Act O.C.G.A. 12-5-90et seq. and demonstrate previous usage within the previous three years of the irrigation system delineated above, on the same acres of land that the Permittee agrees not to irrigate in that given year. Evidence of previous irrigation may include, but not be limited to, the following:

   1. (1) Farm receipts dating the installation of the irrigation system,
   2. (2) Existence of center pivot signature on past aerial photos,
   3. (3) Flow-meter data, or

   4. (4) Other methods acceptable to the Division.

      Holders of permitted surface-water and ground-water withdrawals within the geographic area for eligible permits, and who can provide the documentary evidence listed above for those withdrawals, shall be issued an auction certificate.

Authority: O.C.G.A. § 12-5-540et seq.

History. Original Rule entitled "Severe Drought Declaration" adopted. F. Jan. 20, 2006; eff. Feb. 9, 2006.

Repealed: New Rule entitled "Eligibility" adopted. F. June 23, 2006; eff. July 13, 2006.

Amended: F. May 18, 2015; eff. April 3, 2015, as specified by the Agency.