§ 143-354. Ordinary Powers and Duties of the Environmental Managment Commission

CH. 143. STATE DEPARTMENTS, ETC. § 143-354

§ 143-351: Repealed by Session Laws 1967, c. 892, s. 2.

§ 143-352. Purpose of Article.

The purpose of this Article is to create a State agency to coordinate the
State's water resource activities; to devise plans and policies and to perform
the research and administrative functions necessary for a more beneficial use
of the water resources of the State, in order to insure improvements in the
methods of conserving, developing and using those resources. (1959, c. 779, s.
1.)

§ 143-353: Repealed by Session Laws 1967, c. 892, s. 2.

§ 143-354. Ordinary powers and duties of the Environmen-
tal Management Commission.

(a) Powers and Duties in General. Except as otherwise specified in this
Article, the powers and duties of the Environmental Management Commis-
sion shall be as follows:
(1) The Environmental Management Commission shall carry out a pro-
gram of planning and education concerning the most beneficial long-
range conservation and use of the water resources of the State. It
shall investigate the long-range needs of counties and municipalities
and other local governments for water supply storage available in
federal projects.
(2) The Environmental Management Commission shall advise the Gover -
nor as to how the State's present water research activities might be
coordinated.
(3) The Environmental Management Commission, based on information
available, shall notify any municipality or other governmental unit
of potential water shortages or emergencies foreseen by the Environ-
mental Management Commission affecting the water supply of such
municipality or unit together with the Environmental Management
Commission's recommendations for restricting and conserving the
use of water or increasing the water supply by or in such municipal-
ity or unit. Failure reasonably to follow such recommendations shall
make such municipality or other governmental unit ineligible to re-
ceive any emergency diversion of waters as hereinafter provided.
(4) The Environmental Management Commission is authorized to call
upon the Attorney General for such legal advice as is necessary to the.
functioning of the Environmental Management Commission.
(5) Recognizing the complexity and difficulties attendant upon the recom-
mendation of the General Assembly of fair and beneficial legislation
affecting the use and conservation of water, the Environmental Man-
agement Commission shall solicit from the various water interests of
the State their suggestions thereon.
6 The Environmental Management Commission may hold public hear-
ings for the purpose of obtaining evidence and information and per-
mitting discussion relative to water resources legislation and shall
have the power to subpoena witnesses therefor.
(7) All recommendations for proposed legislation made by the Environ-
mental Management Commission shall be available to the public.
(8) The Environmental Management Commission shall adopt such rules
and regulations as may be necessary to carry out the purposes of this
Article.

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§ 143-354 CH. 143. STATE DEPARTMENTS, ETC. § 143-354

(9) Any member of the Environmental Management Commission or any
person authorized by it, shall have the right to enter upon any pri-
vate or public lands or waters for the purpose of making investiga-
tions and studies reasonably necessary in the gathering of facts con-
cerning streams and watersheds, subject to responsibility for any
damage done to property entered.
(10) The Environmental Management Commission is authorized to pro-
vide to federal agencies the required assurances, subject to availabil-
ity of appropriations by the General Assembly or applicable funds or
assurances from local governments, of nonfederal cooperation for
water supply storage and other congressionally authorized purposes
in federal projects.
(11) The Environmental Management Commission is authorized to as-
sign or transfer to any county or municipality or other local govern-
ment having a need for water supply storage in federal projects any
interest held by the State in such storage, upon the assumption of
repayment obligation therefor, or compensation to the State, by such
local government. The Environmental Management Commission
shall also have the authority to reassign or transfer interests in such
storage held by local governments, if indicated by the investigation of
needs made pursuant to subsection (a)(1) of this section, subject to
equitable adjustment of financial responsibility.
(b) Declaration of Water Emergency. Upon the request of the governing
body of a county, city or town the Environmental Management Commission
shall conduct an investigation to determine whether the needs of human
consumption, necessary sanitation and public safety require emergency action
as hereinafter provided. Upon making such determination, the Environmen-
tal Management Commission shall conduct a public hearing on the question
of the source of relief water after three days' written notice of such hearing
has been given to any persons having the right to the immediate use of water
at the point from which such water is proposed to be diverted. After determin-
ing the source of such relief water the Environmental Management Commis-
sion shall then notify the Governor and he shall have the authority to declare
a water emergency in an area including said county, city or town and the
source or sources of water available for the relief hereinafter provided; pro-
vided, however, that no emergency period shall exceed 30 days but the Gover-
nor may declare any number of successive emergencies upon request of the
Environmental Management Commission.
(c) Water Emergency Powers and Duties of the Environmental Manage-
ment Commission. Whenever, pursuant to this Article, the Governor has
declared the existence of a water emergency within a particular area of the
State, the Environmental Management Commission shall have the following
duties and powers to be exercised only within said area and only during such
time as the Governor has, pursuant to this Article, designated as the period of
emergency:
(1) To authorize any county, city or town in which an emergency has been
declared to divert water in the emergency area sufficient to take care
of the needs of human consumption, necessary sanitation and public
safety. Provided, however, there shall be no diversion of waters from
any stream or body of water pursuant to this Article unless the per-
son controlling the water or sewerage system into which such waters
are diverted shall first have limited and restricted the use of water in
such water or sewerage system to human consumption, necessary
sanitation and public safetyand shall have effective) enforced y such
restrictions. Diversion of waters shall cease upon the termination of
the water emergency or upon the finding of the Environmental Man-