Property rights advocates fear that water-management regulations passed by the General Assembly in 2008 continue to threaten residents’ freedom at a time the state enjoys ample rainfall and full reservoirs.

After enduring mildly to exceptionally dry conditions for three years, North Carolina in December fully emerged from the worst drought since record keeping began in 1895. The state government reported Dec. 10 that above average rainfall statewide, and “record-setting rainfall amounts” for many areas, had returned the state to normal and above-normal conditions.

“We’re going into 2010 with the reservoirs full and ready for the season,” said Woody Yonts, chairman of the Drought Management Advisory Council for the N.C. Division of Water Resources.

Even though water levels are now plentiful across the state, the unprecedented conditions of past years prompted many local governments to impose mandatory and voluntary water-use restrictions. Today, over half of those who rely on public water systems remain under those restrictions.

The drought also got the attention of state lawmakers, who passed a bill broadening executive authority over local water systems, requiring large water users to register with the state, and allowing officials to declare a “water shortage emergency” in drought-ravaged areas of the state.

At the time, supporters said the bill was vital to combating drought conditions caused by global climate change. “We have been a water-wealthy state. We are no longer a water-wealthy state,” said Rep. Verla Insko, D-Orange, during floor debate in the legislature.

After weeks of wrangling that resulted in a watered-down version of the regulations, the Senate passed the bill 36-9 and the House 68-36.

But some skeptics say that lawmakers used drought panic to push through the new regulations, and that current conditions prove that the water situation in North Carolina isn’t as grim as forecast.

“They are going to continue to use that argument to change the policy of water use in North Carolina,” said Rep. Mitch Gillespie, R-McDowell. “They’ll make it sound like we’re in dire needs when this needs to be a long-term, well-thought-out answer before you do any legislation.”

Yonts said the state was in a “comfortable” position relative to its water supply, but that residents need to continue using wise stewardship of natural resources.

“We’re trying to do the very best,” he said. “Each drought has always triggered some new and better way of handling conditions in the state.”

But Gillespie said the drought regulations passed in 2008 are only a stepping-stone to more restrictions in the future. The McDowell County lawmaker is particularly worried the state will begin tampering with private wells and groundwater sources.

“These things go a step at a time … with one goal in mind, and that’s to regulate,” he said.

David N. Bass is an associate editor of Carolina Journal.