public law 91-602 a unique concept for water resource development and protection barbara gibson,...

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PUBLIC LAW 91-602 PUBLIC LAW 91-602 A Unique Concept for Water A Unique Concept for Water Resource Development and Resource Development and Protection Protection Barbara Gibson, Executive Director Barbara Gibson, Executive Director Choctawhatchee, Pea and Yellow Rivers Watershed Choctawhatchee, Pea and Yellow Rivers Watershed Management Authority Management Authority Troy, Alabama Troy, Alabama October 14, 2005 October 14, 2005

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PUBLIC LAW 91-602PUBLIC LAW 91-602

A Unique Concept for Water Resource A Unique Concept for Water Resource Development and ProtectionDevelopment and Protection

Barbara Gibson, Executive DirectorBarbara Gibson, Executive Director

Choctawhatchee, Pea and Yellow Rivers Watershed Management Choctawhatchee, Pea and Yellow Rivers Watershed Management AuthorityAuthority

Troy, AlabamaTroy, AlabamaOctober 14, 2005October 14, 2005

PUBLIC LAW 91-602

Adopted by the State of Alabama Legislature in May, 1991

Provides for the creation of watershed management authorities in the State

Purpose: “developing and executing plans and programs relating to any phase of conservation of water, water usage, flood prevention, flood control, water pollution control, wildlife habitat protection, agricultural and timberland protection, erosion prevention, and control of erosion, floodwater and sediment damages”

Non-regulatory, however, the law provides numerous powers and authorities

POWERS AND AUTHORITIES POWERS AND AUTHORITIES The Board of Directors of a Watershed Management The Board of Directors of a Watershed Management

Authority has power to:Authority has power to:

Acquire lands or rights-of-way by purchase, gift, grant, Acquire lands or rights-of-way by purchase, gift, grant, bequest or through condemnation proceedings.bequest or through condemnation proceedings.

Construct, improve, operate and maintain such Construct, improve, operate and maintain such structures and projects as may be necessary for the structures and projects as may be necessary for the exercise of any authorized function of the Authority.exercise of any authorized function of the Authority.

Borrow money as is necessary for the performance of Borrow money as is necessary for the performance of its functionsits functions

Make and execute contracts and other instruments Make and execute contracts and other instruments necessary to the exercise of its powers.necessary to the exercise of its powers.

Act as agent for the State of Alabama or any of its Act as agent for the State of Alabama or any of its agencies or the United States or any of its agencies or agencies or the United States or any of its agencies or any county or municipality in connection with the any county or municipality in connection with the acquisition, construction, operation or administration of acquisition, construction, operation or administration of any project within the boundaries of the Authority.any project within the boundaries of the Authority.

Issue, negotiate and sell bonds upon approval of the Issue, negotiate and sell bonds upon approval of the State Finance Director.State Finance Director.

Accept money, services, or materials from national, Accept money, services, or materials from national, state, or local governments.state, or local governments.

STEPS FOR CREATION OF A WATERSHED MANAGEMENT AUTHORITY

A watershed management authority may be formed in any watershed area of the State.

Land area in any watershed management authority must encompass at least fifty (50) square miles, must be contiguous and must lie within a defined watershed.

Two or more watersheds may be included in a watershed management authority

Twenty-five (25) or more residents, eighteen years of age or older, may file a petition with the Board of Supervisors of the Soil and Water Conservation District in the counties in which said proposed Authority lies.

Within thirty (30) days after said petition has been filed, due notice should be given of a proposed hearing creating said watershed management authority.

The Board of Supervisors, after said hearing, shall determine and define by description the boundaries of the Authority and said territory shall constitute a Watershed Management Authority.

The proposed name shall include references to the geographic features of the area encompassing the watershed management authority.

BOARD OF DIRECTORSBOARD OF DIRECTORS

The Board of Directors shall include at least one The Board of Directors shall include at least one resident from each County located within the resident from each County located within the boundaries of the Authority.boundaries of the Authority.

The Board of Directors may be comprised of The Board of Directors may be comprised of “Resident” and “At-Large Directors” which shall “Resident” and “At-Large Directors” which shall serve terms no greater than four years.serve terms no greater than four years.

Members of the Board of Directors shall receive Members of the Board of Directors shall receive no salaries but may be reimbursed for actual and no salaries but may be reimbursed for actual and necessary expenditures incurred in the necessary expenditures incurred in the performance of their duties.performance of their duties.

Agency Background

January 1989 Choctawhatchee-Pea River Improvement Association

December 1989 Choctawhatchee-Pea Rivers Conservancy District

May 1991 Legislative Act 91-602 provided for the creation of watershed

management authorities The Choctawhatchee-Pea Rivers Watershed Management

Authority became the first and only watershed management authority created under this law and is the only state-funded watershed management authority in the State of Alabama.

January 1997 Inclusion of the Alabama portion of the Yellow River Watershed

and the agency became known as the Choctawhatchee, Pea and Yellow Rivers Watershed Management Authority

Watershed Area All or a portion of ten Southeastern Counties

Barbour Bullock Coffee Covington Crenshaw Dale Geneva Henry Houston Pike

Total Land Area Approximately 2,328,000 Acres

VISION STATEMENTVISION STATEMENT

““Develop and execute plans and Develop and execute plans and programs relating to water resource programs relating to water resource management for citizens within the management for citizens within the Choctawhatchee, Pea and Yellow Choctawhatchee, Pea and Yellow Rivers watersheds to ensure water Rivers watersheds to ensure water resources are wisely developed, resources are wisely developed, properly used and enhanced for properly used and enhanced for present and future generations”present and future generations”

STRATEGIC MANAGEMENT STRATEGIC MANAGEMENT ELEMENTSELEMENTS

• Water QuantityWater Quantity

• Water QualityWater Quality

• Flood ControlFlood Control

• EducationEducation

HISTORY OF STUDIESHISTORY OF STUDIES

1990 – 19921990 – 1992Reconnaissance Report – Choctawhatchee Reconnaissance Report – Choctawhatchee and Pea River Basins Studyand Pea River Basins StudyU. S. Army Corps of Engineers, Mobile U. S. Army Corps of Engineers, Mobile District (COE)District (COE)

1990 – 19931990 – 1993Choctawhatchee-Pea River Basin Choctawhatchee-Pea River Basin Cooperative Study – Reconnaissance Cooperative Study – Reconnaissance Report - Soil Conservation Service - USDAReport - Soil Conservation Service - USDA

studies continued:studies continued:

1994 – 1996 1994 – 1996 Hydrologic Characterization of the Water Hydrologic Characterization of the Water Resources of the Choctawhatchee-Pea Resources of the Choctawhatchee-Pea

Rivers Rivers Watershed Watershed Geological Survey of Alabama (GSA)Geological Survey of Alabama (GSA)

1997-20011997-2001Implementation Assessment for WaterImplementation Assessment for WaterResource Availability, Protection, andResource Availability, Protection, andUtilization for the Choctawhatchee, PeaUtilization for the Choctawhatchee, Peaand Yellow Rivers Watersheds – (GSA)and Yellow Rivers Watersheds – (GSA)

studies continued:studies continued:

2001-20022001-2002Surface Water Assessment for the Yellow Surface Water Assessment for the Yellow

River River Watershed – (GSA)Watershed – (GSA)

– 2002 –2002 –An Isotopic and Geochemical Assessment of An Isotopic and Geochemical Assessment of Water from the Aquifers of Cretaceous AgeWater from the Aquifers of Cretaceous Age(GSA)(GSA)

– 2001 – 20022001 – 2002Needs Assessment – Corps of Engineers Needs Assessment – Corps of Engineers

(COE)(COE)

studies continued:studies continued:

2001 – 20022001 – 2002Surface Water Assessment for the Yellow River Watershed Surface Water Assessment for the Yellow River Watershed – (GSA)– (GSA)

20022002An Isotopic and Geochemical Assessment of Water from An Isotopic and Geochemical Assessment of Water from the Aquifers of Cretaceous Agethe Aquifers of Cretaceous Age(GSA)(GSA)

2001 – 20022001 – 2002Needs Assessment - COENeeds Assessment - COE

studies continued:studies continued:

2001 - 20022001 - 2002Wetlands Assessment of Five Proposed Reservoir Sites – Wetlands Assessment of Five Proposed Reservoir Sites – COECOE

2001 – 20022001 – 2002Agricultural Water Demand – NRCSAgricultural Water Demand – NRCS

2002 – 20042002 – 2004Water Supply Alternatives Study for Southeast Alabama – Water Supply Alternatives Study for Southeast Alabama – COECOE

studies continued:studies continued: 2003 – 20042003 – 2004

Surface Water Assessment for Lightwood Knot Creek and Lake Frank Surface Water Assessment for Lightwood Knot Creek and Lake Frank Jackson, Northern Covington County – (GSA)Jackson, Northern Covington County – (GSA)

20042004Water Quality Assessment for Little Choctawhatchee River and Water Quality Assessment for Little Choctawhatchee River and Blackwood Creek – (GSA)Blackwood Creek – (GSA)

2004 – 20052004 – 2005

Determination of Stress on Southeast Alabama Aquifers and Determination of Stress on Southeast Alabama Aquifers and Estimation of Adequacy of Groundwater Sources – (GSA)Estimation of Adequacy of Groundwater Sources – (GSA)

studies continued:studies continued:

2004 – 20052004 – 2005

Lake Jackson Hydrogeologic Assessment – (GSA)Lake Jackson Hydrogeologic Assessment – (GSA)

2005 – 20062005 – 2006

Study of Direct Withdrawal from Choctawhatchee River Study of Direct Withdrawal from Choctawhatchee River near Bellwood, Alabama – (COE)near Bellwood, Alabama – (COE)

*All studies will be available in GIS format**All studies will be available in GIS format*

EXAMPLES OF DIRECT RESULTS

Basin-Wide Flood Warning System Rehab of levees in Elba and Geneva Ozark Well Water Supply Shortages in Wiregrass Area Educator Workshops Groundwater Festivals County Projects GIS Data Base Comprehensive Watershed Information

ADVANTAGES AND UNIQUENESS

Distinction of being a State agency Knowledge of local communities Cooperation with and from local

governments and citizens Assistance from area legislators Association with governmental

agencies Opportunities to leverage funds

Contact Information:Contact Information:Choctawhatchee, Pea and Choctawhatchee, Pea and Yellow Rivers Watershed Yellow Rivers Watershed Management AuthorityManagement Authority

400 Pell Avenue400 Pell AvenueCollegeview BuildingCollegeview BuildingTroy, Alabama 36082Troy, Alabama 36082

(334) 670-3780(334) 670-3780Fax: (334) 670-3785Fax: (334) [email protected]@troy.edu

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