Relating to the use of water, including beneficial use in the context of water allocation and the disposal of wastewater from distillery operations

This bill relates to the use of certain liquids, including beneficial use in the context of water allocation and the disposal of liquid waste from distillery operations. The bill requires the department of natural resources (department) to adopt by rule standards for the disposal of liquid waste originating from an on-site native distillery operation produced during the manufacture of native distilled spirits. The bill requires the standards to account for the volume of liquid waste produced, the manner of disposal by land application, and the per acre application rate per day. Under current law, for the purposes of Code chapter 455B, subchapter III, part 4, “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 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.