Ala. Code § 9-10C-1 Short Title.
9-10C-1. Short Title.
This chapter may be known and cited as the Alabama Drought Planning and Response Act.
(Act 2014-400, p. 1466, §1.)
Alabama Drought Planning and Response Act.
Ala. Code tit. 9, ch. 10C
in effectAla. Code § 9-10C-2 Definitions.
9-10C-2. Definitions.
As used in this chapter, the following words shall have the following meanings:
(1) ADAPT. The Alabama Drought Assessment and Planning Team as created by this chapter.
(2) ADECA. The Alabama Department of Economic and Community Affairs.
(3) ADCNR COMMISSIONER. The Commissioner of the Alabama Department of Conservation and Natural Resources.
(4) ADEM DIRECTOR. The Director of the Alabama Department of Environmental Management.
(5) AEMA DIRECTOR. The Director of the Alabama Emergency Management Agency.
(6) ALABAMA ADJUTANT GENERAL. The Commanding General of the Alabama National Guard.
(7) AGI COMMISSIONER. The Commissioner of the Alabama Department of Agriculture and Industries.
(8) COMMUNITY PUBLIC WATER SYSTEM. A public water system which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.
(9) DROUGHT CONSERVATION PLAN. A written plan that addresses graduated drought response procedures with implementation of specific measures based on drought severity. The drought conservation plan may be a separate plan or a component of a broader emergency response plan.
(10) DROUGHT DECLARATION. A written summary, issued by OWR, containing a description of drought conditions throughout the state.
(11) DROUGHT EMERGENCY. A written declaration by the Governor that drought conditions in all or any part of the state are of such severity that public health or safety is threatened.
(12) DROUGHT MONITOR. The assessment of drought conditions throughout the United States published weekly by the National Integrated Drought Information System (NIDIS) on the “drought.gov” domain or its successor.
(13) EMERGENCY ACTION PLAN. A written emergency response plan.
(14) MIG. The Monitoring and Impact Group Subcommittee of ADAPT as created by this chapter.
(15) MIG CHAIR. The Chair of the Monitoring and Impact Group Subcommittee as created by this chapter.
(16) OFFICE OF WATER RESOURCES DIVISION DIRECTOR. The Division Director of the Office of Water Resources.
(17) OFFICE OF WATER RESOURCES or OWR. The Alabama Office of Water Resources, a division of the Alabama Department of Economic and Community Affairs.
(18) STATE CLIMATOLOGIST. The State Climatologist of Alabama as appointed by the Governor and qualified to meet the roles and standards established by the American Association of State Climatologists as a Recognized State Climate Office.
(19) STATE FORESTER. The Director of the Alabama Forestry Commission.
(20) STATE GEOLOGIST. The Director of the Geological Survey of Alabama.
(Act 2014-400, p. 1466, §2.)
Ala. Code § 9-10C-3 Drought Plan.
9-10C-3. Drought Plan.
(a) The Office of Water Resources shall publish a drought plan for the State of Alabama which shall include as a minimum the following:
(1) Procedures for defining drought levels.
(2) ADAPT and MIG operating procedures.
(3) Drought-related information collection, storage, and dissemination procedures.
(4) Procedures related to the issuance of drought declarations.
(5) Procedures for the development of inputs to the drought monitor.
(6) Measures that encourage water conservation and efficiency throughout the state.
(7) Public information and outreach on drought related programs and conditions.
(b) The plan shall be updated periodically but no less than every five years.
(c) Upon adoption by the state of any statewide legislation addressing water resource planning or policy, OWR shall review the drought plan and no later than 180 days following the adoption of the legislation shall make any changes in the plan necessary to ensure it is consistent with that legislation.
(Act 2014-400, p. 1466, §3.)
Ala. Code § 9-10C-4 Alabama Drought Assessment and Planning Team.
9-10C-4. Alabama Drought Assessment and Planning Team.
(a) There is created the Alabama Drought Assessment and Planning Team (ADAPT) consisting of the following members:
(1) The Office of Water Resources Division Director or his or her designated representative.
(2) The AEMA Director or his or her designated representative.
(3) The ADEM Director or his or her designated representative.
(4) The Alabama Adjutant General or his or her designated representative.
(5) The AGI Commissioner or his or her designated representative.
(6) The ADCNR Commissioner or his or her designated representative.
(7) The Alabama State Forester or his or her designated representative.
(8) The State Geologist of Alabama or his or her designated representative.
(9) The State Climatologist of Alabama or his or her designated representative.
(10) The Chair of the Drought Monitoring and Impact Group (MIG) Subcommittee.
(11) A representative from Choctawhatchee Pea River Watershed Authority.
(12) Two members representing the state at large appointed by the Governor.
(13) The State Executive Director of the Alabama Soil and Water Conservation Committee, or his or her designee.
(14) The State Conservationist of the Alabama Natural Resource Conservation Service, or his or her designee.
(15) From time to time the Governor may appoint additional members of ADAPT as appropriate.
(16) In addition to the above members, the Chair of ADAPT is authorized to invite representatives from appropriate federal agencies and county government to be members of ADAPT. A federal and county government representative may participate in an ex officio capacity with no voting rights and shall not count towards a quorum.
(b) The Office of Water Resources Division Director, or his or her designee, shall serve as chair of ADAPT and the chair shall have the following duties, powers, and responsibilities:
(1) Call, chair, and conduct all meetings of ADAPT.
(2) Create and appoint members of any subcommittees; including the MIG. Membership of the MIG shall be based upon an individual’s drought-related expertise or experience and may include both members and nonmembers of ADAPT.
(3) Appoint the chair of the MIG.
(c) ADAPT shall have the following duties, powers, and responsibilities:
(1) To provide advice to the Office of Water Resources on the development of a statewide drought plan.
(2) To assess drought conditions in the state, based on input from the MIG.
(3) To advise the Governor when a drought emergency exists either statewide or in an area or areas of the state.
(4) To make recommendations to the Governor for any mandatory water withdrawal restrictions or reductions that he or she may wish to order.
(5) To establish procedures for the operations and meetings of ADAPT and any subcommittees.
(6) To administer and spend such funds as are appropriated by the Legislature or provided from other sources for the establishment and administration of ADAPT. ADECA shall serve as the administrative and financial support of ADAPT.
(7) ADAPT shall have at least one standing subcommittee which shall be known as the Monitoring and Impact Group (MIG) whose duties shall be to conduct meetings and report recommendations to ADAPT. The MIG shall collect and summarize information relating to drought conditions and forecasts including rainfall, stream flows, reservoir elevations, soil moisture, and groundwater levels, as well as the impacts of these conditions and forecasts on public water supplies, the environment, agriculture, industry, and recreation. The MIG may also recommend responses and strategies necessary to mitigate drought effects on Alabama. The MIG Chair shall provide a summary of drought conditions at the request of the ADAPT Chair and at each ADAPT meeting.
(8) ADAPT may establish other subcommittees as needed.
(d) ADAPT shall meet at least twice annually.
(e) Members of ADAPT appointed as at-large members shall be eligible to receive compensation, subsistence allowances, mileage, or associated expenses in accordance with state travel policies and procedures which shall be allocated by ADECA. Officials or other state employees who are appointed or designated to ADAPT shall be allowed to participate in ADAPT as part of their duties and may claim per diem, mileage, or associated expenses as allowed by law.
(f) If ADAPT determines that the severity of the conditions in a drought area of the state or the whole state have progressed to the extent that the safety or health of the citizens of an area of the state or of the whole state is threatened, ADAPT shall expeditiously report those conditions to the Governor. In coordination with the AEMA, ADAPT shall also present to the Governor a priority list of recommended actions designed to mitigate the effects of drought conditions. Preservation of drinking water for citizens and water for human health and safety shall be the first priority.
(Act 2014-400, p. 1466, §4.)
Ala. Code § 9-10C-5 State Climatologist to Provide Input Regarding Drought Conditions.
9-10C-5. State Climatologist to Provide Input Regarding Drought Conditions.
The State Climatologist, in coordination with the Office of Water Resources, shall be responsible for providing an input to the drought monitor concerning drought conditions in this state. The input shall be consistent with any drought declarations issued by the Office of Water Resources. The state drought plan shall include provisions for this coordination process.
(Act 2014-400, p. 1466, §5.)
Ala. Code § 9-10C-6 Drought Conservation Plans.
9-10C-6. Drought Conservation Plans.
Each community public water system shall develop a drought conservation plan which addresses graduated drought response procedures with implementation of specific measures based on drought severity. The drought conservation plan may be a separate plan or a component of a broader emergency action plan. The procedures or plans shall include appropriate enforcement mechanisms. Copies of all plans shall be submitted to the Office of Water Resources, and it shall provide copies of the plan to ADEM upon its request.
(Act 2014-400, p. 1466, §6.)
Ala. Code § 9-10C-7 Restrictions or Reductions in Water Use; Clearinghouse for Drought-Related Information.
9-10C-7. Restrictions or Reductions in Water Use; Clearinghouse for Drought-Related Information.
If a community public water system implements voluntary or mandatory restrictions or reductions in water use, the system shall report these actions to the Office of Water Resources. The Office of Water Resources shall also have the authority to require the reporting of other information, such as the status of local water supplies and sources. The Office of Water Resources shall maintain an information clearinghouse for this and other drought-related information and make the information available via the Internet or other appropriate means.
(Act 2014-400, p. 1466, §7.)
Ala. Code § 9-10C-8 Drought Declarations.
9-10C-8. Drought Declarations.
The Office of Water Resources, with the advice and input from ADAPT, shall have the authority to issue drought declarations. These drought declarations shall provide information on where drought conditions are affecting this state, and the severity of those conditions. The drought declaration shall be based on a number of factors including, but not limited to, meteorological conditions, stream flow levels, reservoir elevations, soil moisture conditions, ground water levels, weather forecasts, as well as impacts to agriculture, water supplies, industry, recreation, and fish and wildlife habitats.
(Act 2014-400, p. 1466, §8.)
Ala. Code § 9-10C-9 State of Emergency.
9-10C-9. State of Emergency.
Pursuant to the Governor’s emergency powers, other powers granted by law, and this chapter he or she may issue a state of emergency and exercise the rights, powers, privileges, immunities, and responsibilities provided by the Alabama Emergency Management Act of 1955, commencing with Section 31-9-1. A declared state of emergency related to the drought conditions may also include executive orders to require restrictions or reductions of water withdrawals, allocating water on an equitable basis, or both. Any executive order restricting or reducing water withdrawals will specify the specific geographic area involved, conditions of the restriction, and the amount of the withdrawal reductions. These emergency executive orders may continue so long as conditions giving rise to the declaration of a drought emergency continue to threaten public health or safety.
(Act 2014-400, p. 1466, §9.)
Ala. Code § 9-10C-10 Rulemaking Authority.
9-10C-10. Rulemaking Authority.
The Office of Water Resources may promulgate and adopt rules consistent with the objectives of this chapter.
(Act 2014-400, p. 1466, §10.)
Source: Alabama Legislature (alison.legislature.state.al.us)URL: https://alison.legislature.state.al.us/code-of-alabamaFetched: 10/20/2026