§ 143-355.1. Drought Management Advisory Council; drought advisories.
§ 143‑355.1. DroughtManagement Advisory Council; drought advisories.
(a) The Departmentshall establish a Drought Management Advisory Council. The purposes of theCouncil are:
(1) To improvecoordination among local, State, and federal agencies; public water systems, asdefined in G.S. 130A‑313(10); and water users to improve the managementand mitigation of the harmful effects of drought.
(2) To provideconsistent and accurate information on drought conditions in the State to theU.S. Drought Monitor, the Environmental Management Commission, the Secretary,the Environmental Review Commission, and the public.
(b) The Departmentshall invite each of the following organizations to designate a representativeto serve on the Council:
(1) North CarolinaCooperative Extension Service.
(2) State Climate Officeat North Carolina State University.
(3) Public Staff of theUtilities Commission.
(4) Wildlife ResourcesCommission.
(5) Department ofAgriculture and Consumer Services.
(6) Department ofCommerce.
(7) Department of CrimeControl and Public Safety.
(8) National WeatherService of the National Oceanic and Atmospheric Administration of the UnitedStates Department of Commerce.
(9) United StatesGeological Survey of the United States Department of the Interior.
(10) United States ArmyCorps of Engineers.
(11) United StatesDepartment of Agriculture.
(12) Federal EmergencyManagement Agency of the United States Department of Homeland Security.
(b1) Representativesdesignated under subsection (b) of this section shall have expertise orresponsibility in meteorology, groundwater and surface water hydrology, watersystem operation and management, reservoir management, emergency response, oranother subject area related to assessment and management of drought impacts.
(c) The Departmentshall also invite other agencies and organizations that represent water users,including local governments, agriculture, agribusiness, forestry,manufacturing, investor‑owned water utilities regulated by the NorthCarolina Utilities Commission, and others as appropriate, to participate in thework of the Council with respect to particular drought related issues.
(d) The Departmentshall designate an employee of the Department to serve as Chair of the Council.The Council shall meet at least once in each calendar year in order to maintainappropriate agency readiness and participation. In addition, the Council shallmeet on the call of the Chair to respond to drought conditions. The provisionsof Article 33C of this Chapter apply to meetings of the Council.
(e) In order to provideaccurate and consistent information to assist State agencies, localgovernments, and other water users in taking appropriate drought responseactions, the Council may issue drought advisories that designate:
(1) Specific areas ofthe State in which drought conditions are impending.
(2) Specific areas ofthe State that are suffering from drought conditions.
(3) The level ofseverity of drought conditions based on the drought categories used in the U.S.Drought Monitor or the drought designation approved by the Secretary undersubsection (f) of this section.
(f) Droughtdesignations by the U.S. Drought Monitor shall be the default designations fordrought advisories issued under subsection (e) of this section. The Councilshall publish those drought designations for each county. If more than onedrought designation applies to a county, the drought designation for the countyshall be the highest drought designation that applies to at least twenty‑fivepercent (25%) of the land area of the county. The Council may recommend adrought designation for a county that is different from the designation basedon the U.S. Drought Monitor if the U.S. Drought Monitor does not accuratelyreflect localized conditions because of differences in scale or because theU.S. Drought Monitor does not consider one or more of the indicators of droughtidentified in this subsection. In recommending a drought designation thatdiffers from the U.S. Drought Monitor designation, the Council shall considerstream flows, ground water levels, the amount of water stored in reservoirs,weather forecasts, the time of year, and other factors that are relevant todetermining the location and severity of drought conditions.
(f1) The Secretary shallaccept the Council's recommendation to adopt a drought designation for a countythat is different from the designation based on the U.S. Drought Monitor if theSecretary finds that the indicators of drought identified by the Council undersubsection (f) of this section support the designation recommended by theCouncil.
(g) The Council shallreport on the implementation of this section to the Secretary, the Governor,and the Environmental Review Commission no later than 1 October of each year.The report shall include a review of drought advisories issued by the Counciland any recommendations to improve coordination among local, State, and federalagencies; public water systems; and water users to improve the management andmitigation of the harmful effects of drought. (2003‑387, s. 2; 2004‑195, s. 2.5; 2008‑143,s. 16.)