A BILL TO BE ENTITLED
AN ACT to protect fontana lake and the outstanding resource waters draining to fontana lake.
Whereas, Fontana Lake in Graham and Swain Counties provides drinking water and over $4,700,000 in annual recreational benefits to the citizens of North Carolina; and
Whereas, Graham and Swain Counties have adopted ordinances to require all houseboats on Fontana Lake to have permanent toilets and permanent wastewater holding tanks to protect public health and water quality; and
Whereas, Graham and Swain Counties, with financial assistance from the Clean Water Management Trust Fund, Appalachian Regional Commission, and Tennessee Valley Authority, are currently investing $738,200 to provide facilities to pump and treat wastewater from the houseboats on Fontana Lake; and
Whereas, Swain County and Bryson City are currently investing $253,550 to remove failing septic tanks on Bryson Branch, a tributary of the Tuckaseegee River, upstream from Fontana Lake; and
Whereas, Forney, Chambers, Hazel, and Eagle Creeks originate in the Great Smoky Mountains National Park and drain to Fontana Lake; and
Whereas, Hazel and Eagle Creeks are classified as drinking water supply waters; and
Whereas, Forney, Chambers, Hazel, and Eagle Creeks have excellent water quality, are classified as Wild Trout Waters, provide habitat for federally and State listed endangered species, and are in fact unique and special waters of exceptional State and National recreational and ecological significance which require special protection to maintain their existing uses; and
Whereas, Forney, Chambers, Hazel, and Eagle Creeks qualify to be classified as outstanding resource waters; and 
Whereas, Forney, Chambers, Hazel, and Eagle Creeks are renowned for exceptional trout fishing in the Eastern United States and have attracted notable anglers including author Horace Kephart, Governor Luther Hodges, United States Secretary of the Interior Stewart Udall, Wildlife Resources Commissioner T.N. Massie and others; Now, therefore,
The General Assembly of North Carolina enacts:
SECTION 1.  The Environmental Management Commission shall classify Forney, Chambers, Hazel, and Eagle Creeks from their headwaters to Fontana Lake as outstanding resource waters by January 1, 2006.
SECTION 2.  Notwithstanding G.S. 150B‑21.1, the Environmental Management Commission shall adopt temporary rules to classify Forney, Chambers, Hazel, and Eagle Creeks from their headwaters to Fontana Lake as outstanding resource waters by October 1, 2005.
SECTION 3.  This act is effective when it becomes law.