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N.C. Gen. Stat. § 143-215.44

Right of withdrawal

Applied in 1 court decision — leading case 211 N.C. App. 148 - L&S Water Power, Inc. v. Piedmont Triad Regional Water Authority (2011)

Most recently applied in 211 N.C. App. 148 - L&S Water Power, Inc. v. Piedmont Triad Regional Water Authority (April 2011)

1971, c. 111, s. 1; 1987, c. 827, s. 182.

(a) A person who lawfully impounds water for the purpose of withdrawal shall have a right of withdrawal of excess volume of water attributable to the impoundment. Within the meaning of this subsection, the word "purpose" shall include one of several purposes in a multiple purpose impoundment.

(b) A "right of withdrawal," within the meaning of this Part, is an interest which establishes a right to withdraw an excess volume of water superior to other interests in the water.

(c) "Excess volume of water," within the meaning of this Part, is that volume which may be withdrawn from an impoundment or from a watercourse below the impoundment without foreseeably reducing the rate of flow of a watercourse below that which would obtain in that watercourse if the impoundment did not exist.

(d) "Impound," within the meaning of this Part, shall include but is not limited to financial contributions or the assurance of financial contributions in the construction or operation of an impoundment.

(e) Repealed by Session Laws 1987, c. 827, s. 182.

Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.