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The water that Eagle Water is proposing to
transport after withdrawal is excluded or
exempted from the definition of “surface
waters” contained in N.C. Gen. Stat. §
143-215.22G(2), since the water is “derived
by pumping from groundwater.” The
regulation and certification requirements of
N.C. Gen. Stat. § 143-215.22I apply only to
“surface waters,” as can be seen by the
reference in subsection (k) to “surface
waters,” as well as the other provisions of
that section and Part 2A of Article 21 of
Chapter 143 of the General Statutes.
The North Carolina Division of Water
Resources has assured us that because of the
above, a permit is not required regarding
the transfer of water to other river
basins. Inquiries regarding this may be
directed to John Morris at the NC Division
of Water Resources. Eagle Water will be
required to register such a transfer with
the North Carolina Division of Water
Resources.
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