(NOTICE: This is an excerpt from the Dam Safety Law. If you wish to view the full text, please go to the N.C. General Statutes or Division of Land Resources, Dam Safety Program.)

  (c) The minimum streamflow in the length of the stream
affected by a dam that is operated by a small power producer, as
defined in G.S. 62-3(27a), that diverts water from 4,000 feet or
less of the natural streambed and where the water is returned to
the same stream shall be:
       (1)  The minimum average flow for a period of seven
            consecutive days that would have an average
            occurrence of once in 10 years in the absence of the
            dam, or ten percent (10%) of the average annual flow
            of the stream in the absence of the dam, whichever
            is less, if prior to 1 January 1995 the small power
            producer was either licensed by the Federal Energy
            Regulatory Commission or held a certificate of
            public convenience and necessity issued by the North
            Carolina Utilities Commission.
       (2)  The minimum average flow for a period of seven
            consecutive days that would have an average
            occurrence of once in 10 years in the absence of the
            dam, or ten percent (10%) of the average annual flow
            of the stream in the absence of the dam, whichever
            is greater, if subdivision (1) of this subsection
            does not apply.
       (3)  To protect the habitat of the Cape Fear Shiner and
            other aquatic species, 28 cubic feet per second for
            any dam that diverts water from 2,500 feet or more
            of the natural streambed of any stream on which six
            or more dams operated by small power producers were
            located on 1 January 1995, notwithstanding
            subdivisions (1) and (2) of this subsection.

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