Relating to beneficial use in the context of water allocation

The inclusion of this explanation does not constitute agreement with the explanation’s substance by the members of the general assembly. This bill relates to beneficial use of water allocation. Under current law, for the purposes of subchapter III, part 4, of Code chapter 455B, “beneficial use” is defined as the application of water to a useful purpose that inures to the benefit of the water user and subject to the user’s dominion and control but does not include the waste or pollution of water. The bill strikes the definition and provides that beneficial use is determined by the department of natural resources on a case-by-case basis when determining whether to grant a permit for the diversion, storage, or withdrawal of water, and must not be based on the category of use.