Rule 391-3-28-.15 - Irrigation Efficiency Requirements(1) Definitions. Notwithstanding the definitions provided in 391-3-28-.02, the following terms as used in this rule shall be interpreted in accordance with definitions as set forth in the relevant sections of the Flint River Drought Protection Act and as defined herein: (a) 'Permittee' means any person holding a valid farm use permit within the affected areas issued pursuant to Code Section 12-5-31 or 12-5-96, which respectively provide for the withdrawal of groundwater and surface water.(b) 'Irrigation system' means any center pivot, lateral (linear) move, traveling gun, solid set, permanent set, mobile, micro, drip, cable-tow traveler or hose-pull traveler, or other water delivery system used for irrigation purposes operating under the Division's farm water withdrawal permitting requirement.(c) 'Mobile irrigation system' means any traveling gun, cable-tow traveler or hose-pull traveler operating under the Division's water withdrawal permitting requirement.(2) Irrigation System Efficiencies (a) All irrigation systems applying water withdrawn pursuant to active surface water and groundwater withdrawal permits for farm use in the affected areas are required to achieve irrigation efficiencies of 80 percent or greater. These irrigation efficiencies shall be achieved: 1.By January 1, 2016 for all irrigation systems applying water withdrawn pursuant to active permits issued on or after January 1, 2006;2.By January 1, 2018 for all irrigation systems applying water withdrawn pursuant to active permits issued from 1991 through 2005; and3.By January 1, 2020 for all irrigation systems applying water withdrawn pursuant to active permits issued before 1991.(b) Notwithstanding (a) above, all mobile irrigation systems and solid-set irrigation sprinklers operating under active surface water and groundwater withdrawal permits for farm use in the affected areas are required to achieve irrigation efficiencies of 60 percent or greater. These irrigation efficiencies shall be achieved: 1.By January 1, 2016 for irrigation systems applying water withdrawn pursuant to active permits issued on or after January 1, 2006;2.By January 1, 2018 for irrigation systems applying water withdrawn pursuant to active permits issued from 1991 through 2005; and3.By January 1, 2020 for irrigation systems applying water withdrawn pursuant to active permits issued before 1991.(c) All irrigation systems applying water withdrawn pursuant to new farm use permits issued after the effective date of this rule must, upon permit issuance, meet an irrigation efficiency of 80 percent. Notwithstanding the 80 percent irrigation efficiency requirement, all mobile irrigation systems and solid-set irrigation sprinklers applying water withdrawn pursuant to new farm use permits issued after the effective date of this rule must, upon permit issuance, meet an irrigation efficiency of 60 percent.(d) Animal Feeding Operations and Concentrated Animal Feeding Operations. For all agricultural irrigation system operations that require a farm use surface water permit from the Division to withdraw from a waste water lagoon for land application to a spray field, appropriate best management practices will be employed to land apply the effluent uniformly at an appropriate nutrient agronomic rate. An appropriate nutrient agronomic rate may be specified in an approved nutrient management plan for animal feeding and concentrated animal feeding operations that operate under an NPDES or LAS permit.(e) All new or modified permits issued by the Director shall follow applicable rules and guidance, including any applicable regional water development and conservation plans developed pursuant to O.C.G.A. § 12-5-31 and O.C.G.A. § 12-5-96.(3) Certification of Irrigation System Efficiencies. (a) Certification of irrigation system efficiencies will be conducted in accordance with certification forms specified by the Division. Such certification forms shall consider current technologies, best management practices, and the effects of soil type and topography, among other factors deemed necessary. 1.All permittees shall complete a certification of irrigation system efficiency using certification forms specified by the Division by the deadlines listed under sections (2)(a) and (2)(b).2.The certification of irrigation system efficiency will be kept by the permittee, and provided to the Division upon the request of the Division. Any permittee may provide a certification of irrigation system efficiency to the Division prior to the deadlines listed under sections (2)(a) and (2)(b).3.All applications for new farm use permits submitted on or after the effective date of this rule must provide a certification of irrigation system efficiency to the Division.(b) To be certified, all irrigation systems must incorporate a leak correction and operational maintenance procedure. In addition, all center pivot and lateral (linear) move irrigation systems must incorporate an operational pump safety shutdown or any other device that halts water flow in the event of irrigation system failure.(c) Certifications of irrigation system efficiencies may be submitted by the applicant, or on behalf of the applicant by an irrigation system manufacturer, agent of the Division, or any agent of the Georgia Department of Agriculture, Georgia Soil and Water Conservation Commission, or University of Georgia County Extension Service.(4) The Division shall coordinate with any federal or state agencies, or other entities deemed appropriate by the Division, that offer incentive programs aimed at improving the efficiency of irrigation systems. Such coordination will identify opportunities to refine and target relevant incentive programs as practicable to assist permittees with achieving irrigation efficiency requirements.Ga. Comp. R. & Regs. R. 391-3-28-.15
O.C.G.A. § 12-5-540et seq.
Original Rule entitled "Enforcement" adopted. F. Jan. 20, 2006; eff. Feb. 9, 2006.Repealed: F. June 23, 2006; eff. July 13, 2006.Adopted: New rule entitled "Irrigation Efficiency Requirements." F. May 18, 2015; eff. April 3, 2015, as specified by the Agency.