Interbasin Transfer Certification

     In 1993, the North Carolina Legislature adopted the Regulation of Surface Water Transfers Act (G.S. §143-215.22I).   This law regulates large surface water transfers between river basins by requiring a certificate from the Environmental Management Commission (EMC).   The act has been modified several times since it was first adopted, most recently in 2007 when G.S. §143-215.22I was repealed and replaced with G.S. §143-215.22L.  

     In general, a transfer certificate is required for a new transfer of 2 million gallons per day (MGD) or more and for an increase in an existing transfer by 25 percent or more (if the total including the increase is more than 2 MGD).   Certificates are not required for facilities that existed or were under construction prior to July 1, 1993, up to the full capacity of that facility to transfer water, regardless of the transfer amount.