A BILL TO BE ENTITLED
AN ACT to provide that Rivers draining into the Coastal Sounds and thence into the Atlantic Ocean between Little River Inlet and the Mouth of the Cape Fear River be considered a part of the Cape Fear River Basin For purposes of regulation under part 2A of Article 21 of Chapter 143 of the General Statutes.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 143‑215.22G is rewritten to read:
"§ 143‑215.22G.  Definitions.
In addition to the definitions set forth in G.S. 143‑212 and G.S. 143‑213, the following definitions apply to this Part.
(1)	"River basin" has the meaning attributed to it by G.S.143‑213, except that the area of the State within eight‑digit hydrologic cataloging unit 03040208 shall be considered a part of the Cape Fear River Basin for purposes of determining the applicability of registration and certification requirements under this Part.																																																																												
(2)	"Surface water" means any of the waters of the State located on the land surface that are not derived by pumping from groundwater.
(3)	"Transfer" means the withdrawal, diversion, or pumping of surface water from one river basin and discharge of all or any part of the water in a river basin different from the origin. However, notwithstanding the basin definitions in G.S. 143‑215.22G(1), the following are not transfers under this Part:
a.	The discharge of water upstream from the point where it is withdrawn.
b.	The discharge of water downstream from the point where it is withdrawn."
SECTION 2.  G.S. 143‑213 is amended by adding a new subdivision to read:
"§ 143‑213.  Definitions.
Unless the context otherwise requires, the following terms as used in this Article and Articles 21A and 21B of this Chapter are defined as follows:
…(31)	"River basin" means the area within North Carolina denoted by the eight‑digit cataloging unit or series of eight‑digit cataloging units organized by the United States Geologic Survey as follows:
a.	Albemarle Sound:		03010205.
b.	Broad River:		03050105.
c.	Cape Fear River:		03030002, 03030003, 03030004,
03030005, 03030006, and 03030007.
d.	Catawba River:		03050101, 03050102, and 03050103.e.	Chowan River:		03010201, 03010202, 03010203, and
03010204.
f.	French Broad River:	06010105, 06010106, and 06010108.
g.	Hiwassee River:		06020002 and 06020003.
h.	Little Tennessee River:	06010202, 06010203, and 06010204.
i.	Lumber River:		03040203, 03040204, 03040206, and 
03040208.
j.	Neuse River:		03020201, 03020202, 03020203, and 
03020204.
k.	New River:		05050001.
l.	Onslow Bay:		03020301 and 03020302.
m.	Roanoke River:		03010102, 03010103, 03010104, 
03010106, and 03010107.
n.	Savannah River:		03060101 and 03060102.
o.	Tar‑Pamlico River:	03020101, 03020102, 03020103,
03020104, and 03020105.
p.	Watauga River:		06010103.
q.	Yadkin‑Pee Dee River:	03040101, 03040102, 03040103,
03040104, 03040105, 03040201, and 
03040202."
SECTION 3.  G.S. 77‑90 reads as rewritten:
"§ 77‑90.  Definitions.
The following definitions apply in this Article:
(1)	"Commission" means the Roanoke River Basin Bi‑State Commission.
(2)	"Roanoke River Basin" or "Basin" means that land area designated as the Roanoke River Basin by the North Carolina Department of Environment and Natural Resources pursuant to G.S. 143‑213 and the Virginia State Water Control Board pursuant to Code of Virginia § 62.1‑44.38."
SECTION 4.  G.S. 77‑110 reads as rewritten:
"§ 77‑110.  Definitions.
The following definitions apply in this Article:
(1)	"Commission" or "commissions" means (i) the Catawba/Wateree River Basin Advisory Commission, (ii) the Yadkin/Pee Dee River Basin Advisory Commission, or (iii) both commissions, as required by the context.
(2)	"River basin" or "river basins" means (i) that land area designated as the Catawba River Basin pursuant to G.S. 143‑213 and that land area designated as the Catawba/Wateree River Basin by the South Carolina Department of Health and Environmental Control, (ii) that land area designated as the Yadkin (Yadkin‑Pee Dee) River Basin pursuant to G.S. 143‑213 and that land area designated as the Yadkin/Pee Dee River Basin by the South Carolina Department of Health and Environmental Control, or (iii) both river basins, as required by the context."
SECTION 5.  G.S. 143‑214.14(a)(1) reads as rewritten:
"(1)	"Basin" means a river basin as defined in G.S. 143‑213 or any segment thereof."
SECTION 6.  G.S. 143‑215.8B(a) reads as rewritten:
"(a)	The Commission shall develop and implement a basinwide water quality management plan for each of the 17 major river basins in the State as defined in G.S. 143‑213. In developing and implementing each plan, the Commission shall consider the cumulative impacts of all of the following:
(1)	All activities across a river basin and all point sources and nonpoint sources of pollutants, including municipal wastewater facilities, industrial wastewater systems, septic tank systems, stormwater management systems, golf courses, farms that use fertilizers and pesticides for crops, public and commercial lawns and gardens, atmospheric deposition, and animal operations.
(2)	All transfers into and from a river basin that are required to be registered under G.S. 143‑215.22H."
SECTION 7.(a)  Water Transfer Certificates. – Interbasin transfer certificates issued by the Environmental Management Commission under G.S. 143‑215.22I, 143‑215.22L, or 153A‑285 prior to July 1, 2009, shall continue in effect.   A person who has a certificate issued prior to July 1, 2009, may request a modification of the certification consistent with this act.  A modification request shall be subject to the notice and hearing requirements set out in subdivision (3) of subsection (c) of G.S. 143‑215.22L.
SECTION 7.(b)  Water Classifications Unchanged. – This act shall not be interpreted to change the water quality classification of a water.  Any classification that was applied to all waters within a river basin as it was defined prior to July 1, 2009, shall apply only to waters located within the river basin before that date.  Reclassification of waters shall require rule making.
SECTION 8.  This act becomes effective July 1, 2009.