UC_IBT_policy_overview

North Carolina
Division of Water Resources
Interbasin Transfer
Law & Process

Harold Brady
Water Planning Section
Outline
I.Inter-Basin Transfer Definition
II.Planning and Reporting Considerations
III.Statutory Requirements and IBT Process
IV.EMC Decision Considerations

What is an Interbasin Transfer?
An interbasin transfer is the movement of
surface water from one river basin into
another.
The amount of a transfer is determined by the amount of water moved from
the source basin to the receiving basin, less the amount of water returned
to the source basin.
Example A:
Water is withdrawn from
one basin and
discharged into another
What is an Interbasin Transfer?
Example B:
Water is returned to
source basin but
consumed elsewhere.
Town
Town
Source basin
Receiving basin
Source basin
Receiving basin
Transfer = Withdrawal - Return

River Basin
Boundary
Large Town
WWTP
Discharge
Receiving Stream
Lake

WTP
Small Town #1
Small Town #2
The Reality of IBT
Lake
WTP
WWTP
Discharge
Receiving Stream
Statutory Requirements
History of Interbasin Transfer Law
Starting in 1955, statutes require state approval in some circumstances.
Beginning in 1959, General Assembly began to attach anti-diversion riders.
In 1991, the existing basin definitions were passed (NC G.S. §143-215.22G )
1993 Interbasin Transfer Law (NC G.S. §143-215.22I)
2007 major amendment to the Interbasin Transfer Law (NC G.S. §143-215.22L).
2013 certificate based on average day instead of maximum daily withdrawals (SL 2013-388)

Statutory Requirements
IBTs are now based on average day
flows, calculated on monthly basis.
Transfers that require a certificate are,
– 2 MGD or more average daily, or
– 3 MGD or more maximum daily, or
– Hold a grandfathered certificate
Certificates are not limited to local
governments. They can be issued to any
“person” responsible for a transfer.

IBT Certification Process
Findings of Fact
The EMC may grant a Petition in
whole or in part, or deny it, and may
require mitigation measures to
minimize detrimental effects.
In making this determination, the
EMC is required to specifically
consider:

Findings of Facts
EMC Decision Considerations
The necessity, reasonableness, and beneficial effects
of transfer amount
Detrimental effects on the source river basin
–The cumulative effect of uses on the source major river
basin
Detrimental effects on the receiving basin
Reasonable alternatives to the proposed transfer
Use of impounded storage
Purposes and water storage allocations in a US Army
Corps of Engineers multipurpose reservoir
Compare the service area of the applicant to the
locations of both the source and receiving basins?
Any other facts or circumstances

Contact Information:
[e-mail]
[phone]
http://www.ncwater.org