Tenn. Code Ann. § 69-11-110 — TN Code / Title 69 / Chapter 11 / Section 69-11-110
Examination of applications - Inspection
Status: in_force

(a) The commissioner shall examine the applications for a certificate of approval and cause an on-the-ground inspection to be made of the existing or proposed dam or reservoir and downstream floodplain. The commissioner shall then, within sixty (60) days of the receipt of the completed application for a certificate of approval, either grant the certificate or disapprove it in writing, stating the reasons for disapproval. (b) In the case of an existing dam or reservoir, the commissioner may utilize the results and information provided by any inspection made by or for the United States army corps of engineers pursuant to Public Law 92-367 ( 33 U.S.C. §§ 467 - 467e ), if the information is not more than one (1) year old at the time of use. Acts 1973, ch. 182, § 5; T.C.A., § 70-2511; Acts 1984, ch. 805, § 4; T.C.A. § 69-12-110.
(a) The commissioner shall examine the applications for a certificate of approval and cause an on-the-ground inspection to be made of the existing or proposed dam or reservoir and downstream floodplain. The commissioner shall then, within sixty (60) days of the receipt of the completed application for a certificate of approval, either grant the certificate or disapprove it in writing, stating the reasons for disapproval.
(b) In the case of an existing dam or reservoir, the commissioner may utilize the results and information provided by any inspection made by or for the United States army corps of engineers pursuant to Public Law 92-367 ( 33 U.S.C. §§ 467 - 467e ), if the information is not more than one (1) year old at the time of use.
Acts 1973, ch. 182, § 5; T.C.A., § 70-2511; Acts 1984, ch. 805, § 4; T.C.A. § 69-12-110.
Tenn. Code Ann. § 69-6-112 — TN Code / Title 69 / Chapter 6 / Section 69-6-112
Adverse vote on organization - Endorsement - New application
Status: in_force

If a majority of the landowners voting on the proposition shall vote against the organization and creation of the district, the Tennessee soil and water conservation commission shall endorse that fact on the face of the petition and the proceedings shall be closed. A second application containing substantially the same or the same boundaries within a watershed shall not be considered by the Tennessee soil and water conservation commission within eighteen (18) months. Amended by 2021 Tenn. Acts, ch. 203, s 27, eff. 4/22/2021. Acts 1955, ch. 112, § 7; T.C.A., § 70-1812; impl. am. Acts 1984, ch. 687, § 3; T.C.A. § 69-7-112.
If a majority of the landowners voting on the proposition shall vote against the organization and creation of the district, the Tennessee soil and water conservation commission shall endorse that fact on the face of the petition and the proceedings shall be closed. A second application containing substantially the same or the same boundaries within a watershed shall not be considered by the Tennessee soil and water conservation commission within eighteen (18) months.
Amended by 2021 Tenn. Acts, ch. 203, s 27, eff. 4/22/2021.
Acts 1955, ch. 112, § 7; T.C.A., § 70-1812; impl. am. Acts 1984, ch. 687, § 3; T.C.A. § 69-7-112.
Tenn. Code Ann. § 69-5-708 — TN Code / Title 69 / Chapter 5 / Section 69-5-708
Bond of engineer
Status: in_force

The board of directors shall require the engineer to give bond, in such sum as it may deem proper, for the faithful performance of duties, such bond to be payable to the county or state, for the use of the improvement district, and filed with the county clerk and recorded in the drainage record. Acts 1909, ch. 185, § 20; Shan., § 3871a92; Code 1932, § 4320; T.C.A. (orig. ed.), § 70-1214; T.C.A. § 69-6-708.
The board of directors shall require the engineer to give bond, in such sum as it may deem proper, for the faithful performance of duties, such bond to be payable to the county or state, for the use of the improvement district, and filed with the county clerk and recorded in the drainage record.
Acts 1909, ch. 185, § 20; Shan., § 3871a92; Code 1932, § 4320; T.C.A. (orig. ed.), § 70-1214; T.C.A. § 69-6-708.
Tenn. Code Ann. § 69-5-206 — TN Code / Title 69 / Chapter 5 / Section 69-5-206
Damages to be considered before establishing district - Damage awards
Status: in_force

After the filing of the report of the viewers, the court shall consider the amount of damages awarded in deciding whether such levee or drainage district should be established, and if, in its judgment, the probable cost of construction is not a greater burden than should be properly borne by the land benefited by the improvement, and the improvement is conducive to the public health, welfare, benefit, or utility, then the court shall locate and establish such drainage or levee district by proper judgment to be entered of record, and the court shall thereupon proceed to determine the amount of damages sustained by each claimant, and may hear evidence in respect to damages, and may increase or diminish the amount awarded by the viewers, as may seem just and right. Acts 1909, ch. 185, §8; Shan., § 3871a38; Code 1932, § 4255; T.C.A. (orig. ed.), § 70-806; T.C.A. § 69-6-206.
After the filing of the report of the viewers, the court shall consider the amount of damages awarded in deciding whether such levee or drainage district should be established, and if, in its judgment, the probable cost of construction is not a greater burden than should be properly borne by the land benefited by the improvement, and the improvement is conducive to the public health, welfare, benefit, or utility, then the court shall locate and establish such drainage or levee district by proper judgment to be entered of record, and the court shall thereupon proceed to determine the amount of damages sustained by each claimant, and may hear evidence in respect to damages, and may increase or diminish the amount awarded by the viewers, as may seem just and right.
Acts 1909, ch. 185, §8; Shan., § 3871a38; Code 1932, § 4255; T.C.A. (orig. ed.), § 70-806; T.C.A. § 69-6-206.
Tenn. Code Ann. § 69-6-114 — TN Code / Title 69 / Chapter 6 / Section 69-6-114
Open board meetings
Status: in_force

All meetings of the board, including the organization's meeting provided for in §§ 69-6-106 - 69-6-110, are open to the public, and any landowner, landowner's agent or attorney, is entitled to attend and to be heard. Acts 1955, ch. 112, § 9; T.C.A., § 70-1814; T.C.A. § 69-7-114.
All meetings of the board, including the organization's meeting provided for in §§ 69-6-106 - 69-6-110, are open to the public, and any landowner, landowner's agent or attorney, is entitled to attend and to be heard.
Acts 1955, ch. 112, § 9; T.C.A., § 70-1814; T.C.A. § 69-7-114.
Tenn. Code Ann. § 69-1-202 — TN Code / Title 69 / Chapter 1 / Section 69-1-202
"Governmental entity" defined
Status: in_force

"Governmental entity" means any political subdivision of the state of Tennessee, including, but not limited to, any municipality, metropolitan government, county improvement district, drainage district, levee district or special district duly created and existing pursuant to the constitution and laws of Tennessee, or any instrumentality of government created by any one (1) or more of the local governmental entities named in this section or by an act of the general assembly. Acts 1988, ch. 617, § 2.
"Governmental entity" means any political subdivision of the state of Tennessee, including, but not limited to, any municipality, metropolitan government, county improvement district, drainage district, levee district or special district duly created and existing pursuant to the constitution and laws of Tennessee, or any instrumentality of government created by any one (1) or more of the local governmental entities named in this section or by an act of the general assembly.
Acts 1988, ch. 617, § 2.
Tenn. Code Ann. § 69-7-202 — TN Code / Title 69 / Chapter 7 / Section 69-7-202
Legislative findings - Purpose
Status: in_force

The general assembly finds that as the population and demand for water resources grow, it is prudent to engage in planning for the future and to have an explicit mechanism in place to regulate proposals for the diversion of water from one river basin to another. By removing water from rivers, such inter-basin transfers raise issues of the protection of the public health, safety, welfare and the environment as the water is no longer available for use in the original stream. The primary purpose of this part is to allow regulation on the basis of the quantity of water in river basins. Although the common law addresses some of these concerns, it relies on after-the-fact litigation rather than a modern regulatory system. As this is remedial and police power legislation, all sections of this part shall be liberally construed to effectuate its purpose. Acts 2000, ch. 854, §3; T.C.A. § 69-8-202.
The general assembly finds that as the population and demand for water resources grow, it is prudent to engage in planning for the future and to have an explicit mechanism in place to regulate proposals for the diversion of water from one river basin to another. By removing water from rivers, such inter-basin transfers raise issues of the protection of the public health, safety, welfare and the environment as the water is no longer available for use in the original stream. The primary purpose of this part is to allow regulation on the basis of the quantity of water in river basins. Although the common law addresses some of these concerns, it relies on after-the-fact litigation rather than a modern regulatory system. As this is remedial and police power legislation, all sections of this part shall be liberally construed to effectuate its purpose.
Acts 2000, ch. 854, §3; T.C.A. § 69-8-202.
Tenn. Code Ann. § 69-5-908 — TN Code / Title 69 / Chapter 5 / Section 69-5-908
Bond of county trustee
Status: in_force

Whenever bonds of such districts are issued and sold under this chapter, or long-time warrants, as provided for by § 69-5-909 , are issued and sold, then the county trustee, before receiving such money, shall give bond, to be approved as the trustee's other bonds are approved in double the amount of the money to go into the trustee's hands from the sale of such bonds, or warrants, payable to the state, and conditioned that the trustee faithfully account for all such money; and if the trustee fails to execute such bond, it shall be a misdemeanor in office, for which the trustee may be removed from office; and such bond shall be recorded in the drainage record book, and the original filed with and preserved by the county clerk. Acts 1913 (1st Ex. Sess.), ch. 25, § 10; Shan., § 3871a114; Code 1932, §4342; T.C.A. (orig. ed.), § 70-1408; T.C.A. § 69-6-908.
Whenever bonds of such districts are issued and sold under this chapter, or long-time warrants, as provided for by § 69-5-909 , are issued and sold, then the county trustee, before receiving such money, shall give bond, to be approved as the trustee's other bonds are approved in double the amount of the money to go into the trustee's hands from the sale of such bonds, or warrants, payable to the state, and conditioned that the trustee faithfully account for all such money; and if the trustee fails to execute such bond, it shall be a misdemeanor in office, for which the trustee may be removed from office; and such bond shall be recorded in the drainage record book, and the original filed with and preserved by the county clerk.
Acts 1913 (1st Ex. Sess.), ch. 25, § 10; Shan., § 3871a114; Code 1932, §4342; T.C.A. (orig. ed.), § 70-1408; T.C.A. § 69-6-908.
Tenn. Code Ann. § 69-11-106 — TN Code / Title 69 / Chapter 11 / Section 69-11-106
Information required for certificates - Plans and specifications
Status: in_force

(a) In order to obtain a certificate of approval and safety, the owner of each dam shall file with the commissioner, on a form to be made available by the commissioner, the following information: (1) The name under which the person is doing business in Tennessee; (2) The legal address of the person; (3) The location of the proposed or existing dam and reservoir; (4) The type, size and height of the proposed or existing dam and reservoir and appurtenant works; (5) The storage capacity and reservoir surface areas for normal and maximum water surface elevation; (6) The purpose, or purposes, for which the dam or reservoir is to be used; (7) In the case of an application by an owner or lessee of a dam, the names and addresses of all persons having a real property interest in such dams; and (8) Such other plans and detailed information as the commissioner may deem reasonable and necessary to fulfill the commissioner's responsibilities under this chapter. (b) Plans and specifications submitted to the commissioner for construction, enlargement, alteration, repair or removal of dams and reservoirs shall be in the charge of and signed by an engineer, licensed by this state and experienced in the design and construction of dams, as determined by the commissioner. (c) The commissioner, however, shall not require detailed plans to accompany applications for the certificate of approval for any dams, the plans for which have been approved by any agency of the United States and fifty percent (50%) or more of the cost of which is being borne by an agency of the United States, nor shall the commissioner impose any conditions in the certificate of approval relating to modification of the design of such dams. Acts 1973, ch. 182, §§ 4, 15; T.C.A., § 70-2506; T.C.A. § 69-12-106.
(a) In order to obtain a certificate of approval and safety, the owner of each dam shall file with the commissioner, on a form to be made available by the commissioner, the following information: (1) The name under which the person is doing business in Tennessee; (2) The legal address of the person; (3) The location of the proposed or existing dam and reservoir; (4) The type, size and height of the proposed or existing dam and reservoir and appurtenant works; (5) The storage capacity and reservoir surface areas for normal and maximum water surface elevation; (6) The purpose, or purposes, for which the dam or reservoir is to be used; (7) In the case of an application by an owner or lessee of a dam, the names and addresses of all persons having a real property interest in such dams; and (8) Such other plans and detailed information as the commissioner may deem reasonable and necessary to fulfill the commissioner's responsibilities under this chapter.
(1) The name under which the person is doing business in Tennessee;
(2) The legal address of the person;
(3) The location of the proposed or existing dam and reservoir;
(4) The type, size and height of the proposed or existing dam and reservoir and appurtenant works;
(5) The storage capacity and reservoir surface areas for normal and maximum water surface elevation;
(6) The purpose, or purposes, for which the dam or reservoir is to be used;
(7) In the case of an application by an owner or lessee of a dam, the names and addresses of all persons having a real property interest in such dams; and
(8) Such other plans and detailed information as the commissioner may deem reasonable and necessary to fulfill the commissioner's responsibilities under this chapter.
(b) Plans and specifications submitted to the commissioner for construction, enlargement, alteration, repair or removal of dams and reservoirs shall be in the charge of and signed by an engineer, licensed by this state and experienced in the design and construction of dams, as determined by the commissioner.
(c) The commissioner, however, shall not require detailed plans to accompany applications for the certificate of approval for any dams, the plans for which have been approved by any agency of the United States and fifty percent (50%) or more of the cost of which is being borne by an agency of the United States, nor shall the commissioner impose any conditions in the certificate of approval relating to modification of the design of such dams.
Acts 1973, ch. 182, §§ 4, 15; T.C.A., § 70-2506; T.C.A. § 69-12-106.
Tenn. Code Ann. § 69-5-901 — TN Code / Title 69 / Chapter 5 / Section 69-5-901
County may issue and sell drainage bonds
Status: in_force

If the county legislative body determines that the estimated cost of reclamation and improvement of the district of land or levee or drainage district is greater than should be levied in a single year upon the lands benefited, it may fix the amount that shall be levied and collected each year, and may issue drainage bonds of the county, bearing interest payable semiannually, and may devote such bonds at par, with accrued interest, to the payment of the expenses and work as it progresses, or may sell the bonds at not less than par, with accrued interest, and devote the proceeds to such payment, and if, in the sale of the bonds, a premium is received, such premium shall be credited to the drainage fund. If the cost of such work exceeds the estimate, a new apportionment of the assessment may be made and levied and other bonds issued and sold in like manner, but in no case shall the bonds run longer than twenty (20) years. Acts 1909, ch. 185, § 27; Shan., § 3871a107; Acts 1919, ch. 145, § 1; Code 1932, § 4335; Acts 1980, ch. 601, § 24; T.C.A. (orig. ed.), §70-1401; T.C.A. § 69-6-901.
If the county legislative body determines that the estimated cost of reclamation and improvement of the district of land or levee or drainage district is greater than should be levied in a single year upon the lands benefited, it may fix the amount that shall be levied and collected each year, and may issue drainage bonds of the county, bearing interest payable semiannually, and may devote such bonds at par, with accrued interest, to the payment of the expenses and work as it progresses, or may sell the bonds at not less than par, with accrued interest, and devote the proceeds to such payment, and if, in the sale of the bonds, a premium is received, such premium shall be credited to the drainage fund. If the cost of such work exceeds the estimate, a new apportionment of the assessment may be made and levied and other bonds issued and sold in like manner, but in no case shall the bonds run longer than twenty (20) years.
Acts 1909, ch. 185, § 27; Shan., § 3871a107; Acts 1919, ch. 145, § 1; Code 1932, § 4335; Acts 1980, ch. 601, § 24; T.C.A. (orig. ed.), §70-1401; T.C.A. § 69-6-901.
Tenn. Code Ann. § 69-5-111 — TN Code / Title 69 / Chapter 5 / Section 69-5-111
Collection of assessment by other counties
Status: in_force

If the district sought to be created embraces lands lying in more than one (1) county, the clerk of the county in which the petition was filed and in which the matter is pending will make out the assessment list, or book, for the entire district, and shall then copy so much of the assessment roll, or book, as contains the assessment on lands in any county, other than the county where the petition was filed, and the matter is pending, and certify under seal, that it is a correct copy of that part or portion of such roll, or book, and transmit or deliver it to the trustee of such other county, and take a receipt for it; and it shall be the duty of such trustee to receive and receipt for it, and collect it, and pay over the amount collected to the clerk of the county where the petition was filed, and the matter is pending. Acts 1915, ch. 63, §1; Shan., § 3871a14; Code 1932, §4223; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 70-711; T.C.A. § 69-6-111 .
If the district sought to be created embraces lands lying in more than one (1) county, the clerk of the county in which the petition was filed and in which the matter is pending will make out the assessment list, or book, for the entire district, and shall then copy so much of the assessment roll, or book, as contains the assessment on lands in any county, other than the county where the petition was filed, and the matter is pending, and certify under seal, that it is a correct copy of that part or portion of such roll, or book, and transmit or deliver it to the trustee of such other county, and take a receipt for it; and it shall be the duty of such trustee to receive and receipt for it, and collect it, and pay over the amount collected to the clerk of the county where the petition was filed, and the matter is pending.
Acts 1915, ch. 63, §1; Shan., § 3871a14; Code 1932, §4223; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 70-711; T.C.A. § 69-6-111 .
Tenn. Code Ann. § 69-5-923 — TN Code / Title 69 / Chapter 5 / Section 69-5-923
Refunding bonds - Petition and notice in multi-county districts
Status: in_force

Where a district lies in more than one (1) county, the petition for issuance of refunding bonds shall be filed with the county legislative body of the county where the greater part of the lands of the district are situated, which the legislative body shall have full jurisdiction for the purposes of §§ 69-5-920 - 69-5-927. The notice provided for in § 69-5-922 shall, in such case, be published in one (1) newspaper published and having general circulation in each county where lands of the district are situated, and also by the posting of a copy of such notice in a conspicuous place at each court house in each such county. In the event there should be no newspaper published and of general circulation in any such county, then the aforementioned notice shall be given by posting not less than five (5) copies of the notice in five (5) public places in such county, and by posting at the court house as provided in this section. Acts 1935, ch. 51, § 4; C. Supp. 1950, § 4341.4; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 70-1423; T.C.A. § 69-6-923.
Where a district lies in more than one (1) county, the petition for issuance of refunding bonds shall be filed with the county legislative body of the county where the greater part of the lands of the district are situated, which the legislative body shall have full jurisdiction for the purposes of §§ 69-5-920 - 69-5-927. The notice provided for in § 69-5-922 shall, in such case, be published in one (1) newspaper published and having general circulation in each county where lands of the district are situated, and also by the posting of a copy of such notice in a conspicuous place at each court house in each such county. In the event there should be no newspaper published and of general circulation in any such county, then the aforementioned notice shall be given by posting not less than five (5) copies of the notice in five (5) public places in such county, and by posting at the court house as provided in this section.
Acts 1935, ch. 51, § 4; C. Supp. 1950, § 4341.4; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 70-1423; T.C.A. § 69-6-923.
Tenn. Code Ann. § 69-5-304 — TN Code / Title 69 / Chapter 5 / Section 69-5-304
Apportionment of costs - Report
Status: in_force

The commissioners shall make an equitable apportionment and assessment of the costs, expenses, cost of construction, fees, and damages assessed for the construction of any such improvement, and make a report in writing of the apportionment and assessment to the county court. Acts 1909, ch. 185, § 11; Shan., § 3871a54; Code 1932, § 4282; T.C.A. (orig. ed.), § 70-904; T.C.A. § 69-6-304.
The commissioners shall make an equitable apportionment and assessment of the costs, expenses, cost of construction, fees, and damages assessed for the construction of any such improvement, and make a report in writing of the apportionment and assessment to the county court.
Acts 1909, ch. 185, § 11; Shan., § 3871a54; Code 1932, § 4282; T.C.A. (orig. ed.), § 70-904; T.C.A. § 69-6-304.
Tenn. Code Ann. § 69-3-112 — TN Code / Title 69 / Chapter 3 / Section 69-3-112
Assistance in prosecuting violations
Status: in_force

It is the duty of the district attorneys general in the various districts throughout the state or the attorney general and reporter to assist the department, upon its request, by prosecuting those persons in violation of §§ 69-3-115 - 69-3-117. Acts 1971, ch. 164, § 11; 1971, ch. 386, § 6; 1977, ch. 366, § 1; 1979, ch. 422, §20; T.C.A., § 70-334.
It is the duty of the district attorneys general in the various districts throughout the state or the attorney general and reporter to assist the department, upon its request, by prosecuting those persons in violation of §§ 69-3-115 - 69-3-117.
Acts 1971, ch. 164, § 11; 1971, ch. 386, § 6; 1977, ch. 366, § 1; 1979, ch. 422, §20; T.C.A., § 70-334.
Tenn. Code Ann. § 69-8-103 — TN Code / Title 69 / Chapter 8 / Section 69-8-103
Administration of compact - Powers granted - Members of authority
Status: in_force

There is hereby granted to the governor, to the members of the authority of Tennessee, and to the compact administrator, all powers provided for in the compact and in this chapter. All officers of the state of Tennessee are hereby authorized and directed to do all things falling within their respective jurisdictions that are necessary or incidental to carrying out the purpose of the compact. Those citizens representing this state on the authority shall be selected by the governor as follows: One (1) from west Tennessee, one (1) from middle Tennessee, one (1) from east Tennessee, and two (2) from the state at large. Acts 1959, ch. 55, §3; T.C.A., § 70-2103; T.C.A. § 69-9-103.
There is hereby granted to the governor, to the members of the authority of Tennessee, and to the compact administrator, all powers provided for in the compact and in this chapter. All officers of the state of Tennessee are hereby authorized and directed to do all things falling within their respective jurisdictions that are necessary or incidental to carrying out the purpose of the compact. Those citizens representing this state on the authority shall be selected by the governor as follows: One (1) from west Tennessee, one (1) from middle Tennessee, one (1) from east Tennessee, and two (2) from the state at large.
Acts 1959, ch. 55, §3; T.C.A., § 70-2103; T.C.A. § 69-9-103.
Tenn. Code Ann. § 69-5-925 — TN Code / Title 69 / Chapter 5 / Section 69-5-925
Refunding bonds - Release of landowner from assessment
Status: in_force

Upon the entry by the county legislative body of an order providing for the issuance of refunding bonds of any such district, any landowner in the district shall have the right at any time within two (2) weeks from and after the entry of such order, within which to pay the full amount of the principal tax or assessment chargeable to that landowner's land or any tract of the landowner's land, for the payment of the bonds proposed to be refunded, and any tract on which such tax or assessment shall be so paid shall thereupon be released from any tax or assessment for the payment of the refunding bonds so authorized to be issued, but shall remain subject to such other or additional taxes, if any, as may be levied pursuant to law. Acts 1935, ch. 51, § 6; C. Supp. 1950, § 4341.6; T.C.A. (orig. ed.), § 70-1425; T.C.A. § 69-6-925.
Upon the entry by the county legislative body of an order providing for the issuance of refunding bonds of any such district, any landowner in the district shall have the right at any time within two (2) weeks from and after the entry of such order, within which to pay the full amount of the principal tax or assessment chargeable to that landowner's land or any tract of the landowner's land, for the payment of the bonds proposed to be refunded, and any tract on which such tax or assessment shall be so paid shall thereupon be released from any tax or assessment for the payment of the refunding bonds so authorized to be issued, but shall remain subject to such other or additional taxes, if any, as may be levied pursuant to law.
Acts 1935, ch. 51, § 6; C. Supp. 1950, § 4341.6; T.C.A. (orig. ed.), § 70-1425; T.C.A. § 69-6-925.
Tenn. Code Ann. § 69-5-910 — TN Code / Title 69 / Chapter 5 / Section 69-5-910
Surplus funds from sale of bonds or warrants
Status: in_force

When, in the making of any improvement in a district, bonds or warrants of such districts are sold for the purpose of providing funds for such improvement, any money is left from the proceeds of the sale after the improvement has been paid for, then in such cases the board of directors of such drainage district or drainage and levee district, with the approval of the county court of the county having jurisdiction of the cause, has the power to dispose of such surplus money by using such surplus funds for improving, if needed, the main improvement of the district, or for opening, making or improving such lateral drains or ditches in the district as may be deemed best, or such surplus funds and money may be used in paying all or in part any assessment made on the lands of the district and not yet collected, in which event such particular assessment, or part thereof, need not be collected. Alternately, such surplus of funds may be used in purchasing and retiring any of the bonds or warrants issued; provided, that they can be bought at not above par with any accrued interest on the bonds or warrants. The board of directors with the approval of the county court has the power to dispose of such surplus funds in any of the methods above set out that they and the court may deem best for such district, the court to concur, by its order or decree, in such disposition. Acts 1917, ch. 26, §1; Shan., § 3871a1151/2; Code 1932, § 4344; T.C.A. (orig. ed.), § 70-1410; T.C.A. § 69-6-910.
When, in the making of any improvement in a district, bonds or warrants of such districts are sold for the purpose of providing funds for such improvement, any money is left from the proceeds of the sale after the improvement has been paid for, then in such cases the board of directors of such drainage district or drainage and levee district, with the approval of the county court of the county having jurisdiction of the cause, has the power to dispose of such surplus money by using such surplus funds for improving, if needed, the main improvement of the district, or for opening, making or improving such lateral drains or ditches in the district as may be deemed best, or such surplus funds and money may be used in paying all or in part any assessment made on the lands of the district and not yet collected, in which event such particular assessment, or part thereof, need not be collected. Alternately, such surplus of funds may be used in purchasing and retiring any of the bonds or warrants issued; provided, that they can be bought at not above par with any accrued interest on the bonds or warrants. The board of directors with the approval of the county court has the power to dispose of such surplus funds in any of the methods above set out that they and the court may deem best for such district, the court to concur, by its order or decree, in such disposition.
Acts 1917, ch. 26, §1; Shan., § 3871a1151/2; Code 1932, § 4344; T.C.A. (orig. ed.), § 70-1410; T.C.A. § 69-6-910.
Tenn. Code Ann. § 69-5-139 — TN Code / Title 69 / Chapter 5 / Section 69-5-139
Petitioners' names may be signed by attorney or agent
Status: in_force

It shall be a sufficient signing, in the sense of this chapter, of the names of petitioners to the petitions provided for in this part, if their names are signed by their attorney at law or by an agent authorized so to do. Acts 1909, ch. 185, § 35; Shan., § 3871a136; Code 1932, § 4371; T.C.A. (orig. ed.), § 70-747; T.C.A. § 69-6-139 .
It shall be a sufficient signing, in the sense of this chapter, of the names of petitioners to the petitions provided for in this part, if their names are signed by their attorney at law or by an agent authorized so to do.
Acts 1909, ch. 185, § 35; Shan., § 3871a136; Code 1932, § 4371; T.C.A. (orig. ed.), § 70-747; T.C.A. § 69-6-139 .
Tenn. Code Ann. § 69-5-110 — TN Code / Title 69 / Chapter 5 / Section 69-5-110
Assessment book - Collection by county trustee
Status: in_force

When the assessment has been made, the court will fix the dates within which the assessment shall be collected. The county clerk shall make out an assessment list, or book, giving alphabetically the name of the owner, and the boundaries of the land, the number of acres, and the amount assessed against each tract, and the clerk will make the same substantially in the form used for state and county tax books, and when so made the clerk will certify the same to the trustee of the county, and it shall be the duty of the trustee of the county to proceed at once to collect the assessments within the dates prescribed by the court. The trustee will pay the amount collected on the assessments to the county clerk, to be paid out on the cost and expenses under the orders of the court; and for collecting and paying over the assessments, the trustee will be allowed as compensation for collection and paying over the funds, two percent (2%) of the amount collected and paid over. Acts 1915, ch. 63, §1; Shan., § 3871a13; Code 1932, §4222; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 70-710; T.C.A. § 69-6-110 .
When the assessment has been made, the court will fix the dates within which the assessment shall be collected. The county clerk shall make out an assessment list, or book, giving alphabetically the name of the owner, and the boundaries of the land, the number of acres, and the amount assessed against each tract, and the clerk will make the same substantially in the form used for state and county tax books, and when so made the clerk will certify the same to the trustee of the county, and it shall be the duty of the trustee of the county to proceed at once to collect the assessments within the dates prescribed by the court. The trustee will pay the amount collected on the assessments to the county clerk, to be paid out on the cost and expenses under the orders of the court; and for collecting and paying over the assessments, the trustee will be allowed as compensation for collection and paying over the funds, two percent (2%) of the amount collected and paid over.
Acts 1915, ch. 63, §1; Shan., § 3871a13; Code 1932, §4222; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 70-710; T.C.A. § 69-6-110 .
Tenn. Code Ann. § 69-7-205 — TN Code / Title 69 / Chapter 7 / Section 69-7-205
Powers of commissioner of environment and conservation
Status: in_force

In addition to powers under all other statutes, including, but not limited to, the Water Quality Control Act, compiled in chapter 3, part 1 of this title, and the Safe Drinking Water Act, compiled in title 68, chapter 221, part 7, the commissioner of environment and conservation, or the commissioner's designee, shall have the following powers and duties under this part: (1) To issue and to deny inter-basin transfer permits in accordance with § 69-7-206 ; (2) To issue civil penalty assessments in accordance with § 69-7-208 ; (3) To conduct inspections and investigations; (4) To bring suit in the name of the department for any violation of this part, including seeking any remedy available under this part as well as under any other statutory or common law remedy related to water availability and supply; (5) To require the submission of plans, specifications, technical reports, and any other information the commissioner deems necessary to carry out this part; (6) To delegate any of the commissioner's duties to the director of the appropriate division under the commissioner's supervision; and (7) To be the primary administrative agent in carrying out this part. Acts 2000, ch. 854, §6; T.C.A. § 69-8-205.
In addition to powers under all other statutes, including, but not limited to, the Water Quality Control Act, compiled in chapter 3, part 1 of this title, and the Safe Drinking Water Act, compiled in title 68, chapter 221, part 7, the commissioner of environment and conservation, or the commissioner's designee, shall have the following powers and duties under this part:
(1) To issue and to deny inter-basin transfer permits in accordance with § 69-7-206 ;
(2) To issue civil penalty assessments in accordance with § 69-7-208 ;
(3) To conduct inspections and investigations;
(4) To bring suit in the name of the department for any violation of this part, including seeking any remedy available under this part as well as under any other statutory or common law remedy related to water availability and supply;
(5) To require the submission of plans, specifications, technical reports, and any other information the commissioner deems necessary to carry out this part;
(6) To delegate any of the commissioner's duties to the director of the appropriate division under the commissioner's supervision; and
(7) To be the primary administrative agent in carrying out this part.
Acts 2000, ch. 854, §6; T.C.A. § 69-8-205.
Tenn. Code Ann. § 69-5-302 — TN Code / Title 69 / Chapter 5 / Section 69-5-302
Oath - Classification of tracts
Status: in_force

The commissioners shall, as soon as practicable after their appointment, and after being duly sworn to perform their duty faithfully and impartially to the best of their ability, inspect and classify all the lands benefited by the location and construction of such drainage or levee district in a graduated scale of benefits, naming the tract or tracts of each owner and so classifying the same, each tract to be numbered according to the benefit received, as provided in § 69-5-305 , by the proposed improvement. Acts 1909, ch. 185, § 11; Shan., § 3871a53; Code 1932, § 4281; T.C.A. (orig. ed.), § 70-902; T.C.A. § 69-6-302.
The commissioners shall, as soon as practicable after their appointment, and after being duly sworn to perform their duty faithfully and impartially to the best of their ability, inspect and classify all the lands benefited by the location and construction of such drainage or levee district in a graduated scale of benefits, naming the tract or tracts of each owner and so classifying the same, each tract to be numbered according to the benefit received, as provided in § 69-5-305 , by the proposed improvement.
Acts 1909, ch. 185, § 11; Shan., § 3871a53; Code 1932, § 4281; T.C.A. (orig. ed.), § 70-902; T.C.A. § 69-6-302.
Tenn. Code Ann. § 69-5-907 — TN Code / Title 69 / Chapter 5 / Section 69-5-907
Payment in installments - Bond to secure installments
Status: in_force

In the sale of drainage bonds, the directors of the district, if in their judgment it is expedient, may contract with the purchasers of the bonds that the payment for the bonds may be made in such installments as may be agreed upon between them and the purchasers of the bonds; provided, that the payments of the installments agreed upon, as they mature, are amply secured by safe and solvent bond, made in double the amount of the entire deferred installments, payable to the state of Tennessee, for the use and benefit of the district and those entitled, and conditioned for the faithful payment of the installments, such bond to be approved by the unanimous vote of the board of directors of the district before the bond is accepted. The bond and a copy of the resolution of the board of directors approving them shall, on the order of the county court, be spread of record on the drainage record book, and the approval of the board of directors noted on the bond by the secretary of the board writing the word "approval" and signing "board of directors" by the secretary as secretary, or other equivalent words. Acts 1913 (1st Ex. Sess.), ch. 25, § 10; Shan., § 3871a113; Code 1932, §4341; T.C.A. (orig. ed.), § 70-1407; T.C.A. § 69-6-907.
In the sale of drainage bonds, the directors of the district, if in their judgment it is expedient, may contract with the purchasers of the bonds that the payment for the bonds may be made in such installments as may be agreed upon between them and the purchasers of the bonds; provided, that the payments of the installments agreed upon, as they mature, are amply secured by safe and solvent bond, made in double the amount of the entire deferred installments, payable to the state of Tennessee, for the use and benefit of the district and those entitled, and conditioned for the faithful payment of the installments, such bond to be approved by the unanimous vote of the board of directors of the district before the bond is accepted. The bond and a copy of the resolution of the board of directors approving them shall, on the order of the county court, be spread of record on the drainage record book, and the approval of the board of directors noted on the bond by the secretary of the board writing the word "approval" and signing "board of directors" by the secretary as secretary, or other equivalent words.
Acts 1913 (1st Ex. Sess.), ch. 25, § 10; Shan., § 3871a113; Code 1932, §4341; T.C.A. (orig. ed.), § 70-1407; T.C.A. § 69-6-907.
Tenn. Code Ann. § 69-6-149 — TN Code / Title 69 / Chapter 6 / Section 69-6-149
Provisions supplemental
Status: in_force

This chapter is deemed to be supplemental to existing laws relating to drainage districts, flood control, irrigation, soil conservation, and related matters. Acts 1955, ch. 112, § 33; T.C.A., § 70-1849; T.C.A. § 69-7-149.
This chapter is deemed to be supplemental to existing laws relating to drainage districts, flood control, irrigation, soil conservation, and related matters.
Acts 1955, ch. 112, § 33; T.C.A., § 70-1849; T.C.A. § 69-7-149.
Tenn. Code Ann. § 69-5-606 — TN Code / Title 69 / Chapter 5 / Section 69-5-606
Compensation and expenses of directors
Status: in_force

Members of the board of directors shall receive as compensation for their services, in attending to their duties as directors, fifty cents (50¢) per hour for the time actually consumed in attending to such duties, but not to exceed twenty-five (25) hours in any one (1) month, and also their actual expenses paid out or incurred on account of attending to their duties as directors. The account for time and expenses shall be kept, made out, sworn to, and filed with the clerk of the county before payment is made. Acts 1909, ch. 185, § 36; 1915, ch. 63, § 5; Shan., § 3871a144; Code 1932, § 4379; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 70-1206; T.C.A. § 69-6-606.
Members of the board of directors shall receive as compensation for their services, in attending to their duties as directors, fifty cents (50¢) per hour for the time actually consumed in attending to such duties, but not to exceed twenty-five (25) hours in any one (1) month, and also their actual expenses paid out or incurred on account of attending to their duties as directors. The account for time and expenses shall be kept, made out, sworn to, and filed with the clerk of the county before payment is made.
Acts 1909, ch. 185, § 36; 1915, ch. 63, § 5; Shan., § 3871a144; Code 1932, § 4379; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 70-1206; T.C.A. § 69-6-606.
Tenn. Code Ann. § 69-1-117 — TN Code / Title 69 / Chapter 1 / Section 69-1-117
Impairing or obstructing navigability of watercourses - Permits
Status: in_force

(a) Without a permit issued by the department of environment and conservation, no person shall authorize, undertake, or engage in any activity, practice, or project that has or is likely to have the effect of impairing or obstructing the navigability of any river, lake, stream or watercourse located within the state. The navigability of any river, lake, stream or watercourse shall be limited to those adjudicated and held to be navigable in the technical or legal sense pursuant to this part. Further, any river, lake, stream or watercourse subject to the Rivers and Harbors Act ( 33 U.S.C. § 401 et seq.), shall be exempt from the permit requirements of this section. (b) Consistent with state common law and statutory law on navigability, the commissioner of environment and conservation shall promulgate rules, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to establish and implement the permitting system required by subsection (a). Such rules shall establish procedures for obtaining such permits and shall delineate the circumstances, conditions, and limitations under which such permits may be issued. No permit shall be issued for any activity, practice, or project that would violate state common law or statutory law on the navigability of rivers, lakes, streams, and watercourses. (c) The department shall investigate each reported, suspected, or observed violation of subsection (a), as well as each reported, suspected, or observed violation of state navigability law. Whenever a violation is found to exist, the department shall undertake appropriate administrative and legal measures to cause the violation to cease. (d) A violation of subsection (a) is a Class A misdemeanor. A violation that continues into a successive day is regarded as a separate offense. Acts 1986, ch. 818, § 1; 1989, ch. 591, § 1; 1992, ch. 693, § 1.
(a) Without a permit issued by the department of environment and conservation, no person shall authorize, undertake, or engage in any activity, practice, or project that has or is likely to have the effect of impairing or obstructing the navigability of any river, lake, stream or watercourse located within the state. The navigability of any river, lake, stream or watercourse shall be limited to those adjudicated and held to be navigable in the technical or legal sense pursuant to this part. Further, any river, lake, stream or watercourse subject to the Rivers and Harbors Act ( 33 U.S.C. § 401 et seq.), shall be exempt from the permit requirements of this section.
(b) Consistent with state common law and statutory law on navigability, the commissioner of environment and conservation shall promulgate rules, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to establish and implement the permitting system required by subsection (a). Such rules shall establish procedures for obtaining such permits and shall delineate the circumstances, conditions, and limitations under which such permits may be issued. No permit shall be issued for any activity, practice, or project that would violate state common law or statutory law on the navigability of rivers, lakes, streams, and watercourses.
(c) The department shall investigate each reported, suspected, or observed violation of subsection (a), as well as each reported, suspected, or observed violation of state navigability law. Whenever a violation is found to exist, the department shall undertake appropriate administrative and legal measures to cause the violation to cease.
(d) A violation of subsection (a) is a Class A misdemeanor. A violation that continues into a successive day is regarded as a separate offense.
Acts 1986, ch. 818, § 1; 1989, ch. 591, § 1; 1992, ch. 693, § 1.
Tenn. Code Ann. § 69-5-136 — TN Code / Title 69 / Chapter 5 / Section 69-5-136
Establishment or refusal of district
Status: in_force

The county court, upon the hearing of the petition at the time set for hearing, or at the time to which the matter has been adjourned or continued, shall proceed to determine the sufficiency of the petition in form and manner, which petition may be amended at any time, as to form and substance, before final action on the petition. If the court finds that such levee or drainage or improvement district would not be for the public benefit or utility, or conducive to the public health or welfare, it shall dismiss the proceedings; but if the court finds such improvement conducive to the public health or welfare, or to the public benefit or utility, it shall determine and adjudge the necessity for the improvement of such district, and if no claim for damages has been filed, as provided in § 69-5-201 , the court may, if deemed advisable, locate and establish the district, or may refuse to establish the same, as the court may deem best. Acts 1909, ch. 185, §6; Shan., § 3871a32; Code 1932, § 4249; T.C.A. (orig. ed.), § 70-743; T.C.A. § 69-6-136 .
The county court, upon the hearing of the petition at the time set for hearing, or at the time to which the matter has been adjourned or continued, shall proceed to determine the sufficiency of the petition in form and manner, which petition may be amended at any time, as to form and substance, before final action on the petition. If the court finds that such levee or drainage or improvement district would not be for the public benefit or utility, or conducive to the public health or welfare, it shall dismiss the proceedings; but if the court finds such improvement conducive to the public health or welfare, or to the public benefit or utility, it shall determine and adjudge the necessity for the improvement of such district, and if no claim for damages has been filed, as provided in § 69-5-201 , the court may, if deemed advisable, locate and establish the district, or may refuse to establish the same, as the court may deem best.
Acts 1909, ch. 185, §6; Shan., § 3871a32; Code 1932, § 4249; T.C.A. (orig. ed.), § 70-743; T.C.A. § 69-6-136 .
Tenn. Code Ann. § 69-7-306 — TN Code / Title 69 / Chapter 7 / Section 69-7-306
Rules - Rulings in contested cases
Status: in_force

(a) The board has the authority to promulgate the rules, other than rules establishing fees, that it deems reasonable and necessary to effectuate the purposes of this part, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (b) The board has the authority to conduct and make all rulings in contested cases under this part. Acts 2002, ch. 800, §7; T.C.A. § 69-8-306.
(a) The board has the authority to promulgate the rules, other than rules establishing fees, that it deems reasonable and necessary to effectuate the purposes of this part, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(b) The board has the authority to conduct and make all rulings in contested cases under this part.
Acts 2002, ch. 800, §7; T.C.A. § 69-8-306.
Tenn. Code Ann. § 69-3-303 — TN Code / Title 69 / Chapter 3 / Section 69-3-303
Notices of intent to appeal
Status: in_force

Notices of intent to appeal shall be published on the department website within three (3) business days of receipt, but no later than fourteen (14) days prior to the date the appeal or agreed order will be heard by the board, in addition to other publication required by law. Acts 2007, ch. 404, § 4.
Notices of intent to appeal shall be published on the department website within three (3) business days of receipt, but no later than fourteen (14) days prior to the date the appeal or agreed order will be heard by the board, in addition to other publication required by law.
Acts 2007, ch. 404, § 4.
Tenn. Code Ann. § 69-7-210 — TN Code / Title 69 / Chapter 7 / Section 69-7-210
Designation of protected areas
Status: in_force

The board of water quality, oil and gas may, from time to time after giving due notice and conducting a public hearing, determine and delineate such basins or portions of basins where the demands upon supply made by water users have developed or threaten to develop to such a degree as to create a water shortage and any such areas may be designated as "protected areas." The water quality control board, whenever it determines that such shortage no longer exists, shall terminate the protected status of such area and shall give public notice of such termination. Amended by 2018 Tenn. Acts, ch. 839, s 38, eff. eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries. Acts 2000, ch. 854, § 12; T.C.A. § 69-8-210.
The board of water quality, oil and gas may, from time to time after giving due notice and conducting a public hearing, determine and delineate such basins or portions of basins where the demands upon supply made by water users have developed or threaten to develop to such a degree as to create a water shortage and any such areas may be designated as "protected areas." The water quality control board, whenever it determines that such shortage no longer exists, shall terminate the protected status of such area and shall give public notice of such termination.
Amended by 2018 Tenn. Acts, ch. 839, s 38, eff. eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.
Acts 2000, ch. 854, § 12; T.C.A. § 69-8-210.
Tenn. Code Ann. § 69-3-143 — TN Code / Title 69 / Chapter 3 / Section 69-3-143
Rock harvesting operations
Status: in_force

Sections 69-3-143 - 69-3-147 shall govern rock harvesting operations as defined in § 69-3-144 . Acts 2011 , ch. 341, § 3.
Sections 69-3-143 - 69-3-147 shall govern rock harvesting operations as defined in § 69-3-144 .
Acts 2011 , ch. 341, § 3.
Tenn. Code Ann. § 69-5-926 — TN Code / Title 69 / Chapter 5 / Section 69-5-926
Refunding bonds - Extended assessments
Status: in_force

Upon the issuance of refunding bonds as provided for in §§ 69-5-920 - 69-5-927, the time of payment of the subsequently accruing original annual installments of taxes shall be extended, and the taxes shall become due and payable in such greater number of annual installments and in such respective amounts as the county legislative body, in its order directing the issuance of refunding bonds, shall direct. And the county legislative body shall direct the county clerk to prepare and to certify a new drainage assessment book showing such extended assessments and to file the same with the county trustee, or with the respective county trustees in the event the district should embrace lands in more than one (1) county. The taxes shall be collected and the payment of the taxes enforced at the same time and in the same manner as is now provided by law for the collection and enforcement of payment of drainage taxes. It is the duty of the county legislative body in fixing the respective annual installments of the extended assessments to provide for the collection annually of amounts sufficient to provide for the payment of such refunding bonds and the accruing interest on the bonds. Acts 1935, ch. 51, § 7; C. Supp. 1950, § 4341.7; impl. am. Acts 1978, ch. 934, §§ 7, 22, 36; T.C.A. (orig. ed.), § 70-1426; T.C.A. § 69-6-926.
Upon the issuance of refunding bonds as provided for in §§ 69-5-920 - 69-5-927, the time of payment of the subsequently accruing original annual installments of taxes shall be extended, and the taxes shall become due and payable in such greater number of annual installments and in such respective amounts as the county legislative body, in its order directing the issuance of refunding bonds, shall direct. And the county legislative body shall direct the county clerk to prepare and to certify a new drainage assessment book showing such extended assessments and to file the same with the county trustee, or with the respective county trustees in the event the district should embrace lands in more than one (1) county. The taxes shall be collected and the payment of the taxes enforced at the same time and in the same manner as is now provided by law for the collection and enforcement of payment of drainage taxes. It is the duty of the county legislative body in fixing the respective annual installments of the extended assessments to provide for the collection annually of amounts sufficient to provide for the payment of such refunding bonds and the accruing interest on the bonds.
Acts 1935, ch. 51, § 7; C. Supp. 1950, § 4341.7; impl. am. Acts 1978, ch. 934, §§ 7, 22, 36; T.C.A. (orig. ed.), § 70-1426; T.C.A. § 69-6-926.
Tenn. Code Ann. § 69-9-504 — TN Code / Title 69 / Chapter 9 / Section 69-9-504
Safe operating requirements - Prohibited maneuvers - Warning flags
Status: in_force

(a) A personal watercraft shall at all times be operated on the waters of Tennessee in a reasonable and prudent manner. Maneuvers that endanger life, limb, or property, or create a public nuisance shall constitute reckless operation of a vessel as provided in § 69-9-216(a) and shall be punished upon conviction as provided in § 69-9-219 . These acts shall include, but not be limited to: (1) Weaving through congested vessel traffic at high speed; (2) Following within the wake, and closely behind, a vessel towing a person or persons on water skis or other water sport devices; (3) Cutting between a boat and the person or persons being towed by that boat; (4) Crossing in close proximity to the stern of another vessel or when visibility around the other vessel is obstructed; (5) Steering a vessel toward any object or person in the water and turning sharply at close range so as to spray the object or person; and (6) Jumping the wake of another vessel within one hundred feet (100') of that vessel. (b) If the operator of a vessel feels that the operation of a personal watercraft is creating a hazard to that vessel or a person being towed by that vessel, they shall exhibit an orange flag and wave it in such a manner to signal the operator of the personal watercraft to steer away, or to take such action that will end the hazard. The flag shall be no less than twelve inches (12") by twelve inches (12") in size. Acts 1996, ch. 808, §1; T.C.A. § 69-10-504.
(a) A personal watercraft shall at all times be operated on the waters of Tennessee in a reasonable and prudent manner. Maneuvers that endanger life, limb, or property, or create a public nuisance shall constitute reckless operation of a vessel as provided in § 69-9-216(a) and shall be punished upon conviction as provided in § 69-9-219 . These acts shall include, but not be limited to: (1) Weaving through congested vessel traffic at high speed; (2) Following within the wake, and closely behind, a vessel towing a person or persons on water skis or other water sport devices; (3) Cutting between a boat and the person or persons being towed by that boat; (4) Crossing in close proximity to the stern of another vessel or when visibility around the other vessel is obstructed; (5) Steering a vessel toward any object or person in the water and turning sharply at close range so as to spray the object or person; and (6) Jumping the wake of another vessel within one hundred feet (100') of that vessel.
(1) Weaving through congested vessel traffic at high speed;
(2) Following within the wake, and closely behind, a vessel towing a person or persons on water skis or other water sport devices;
(3) Cutting between a boat and the person or persons being towed by that boat;
(4) Crossing in close proximity to the stern of another vessel or when visibility around the other vessel is obstructed;
(5) Steering a vessel toward any object or person in the water and turning sharply at close range so as to spray the object or person; and
(6) Jumping the wake of another vessel within one hundred feet (100') of that vessel.
(b) If the operator of a vessel feels that the operation of a personal watercraft is creating a hazard to that vessel or a person being towed by that vessel, they shall exhibit an orange flag and wave it in such a manner to signal the operator of the personal watercraft to steer away, or to take such action that will end the hazard. The flag shall be no less than twelve inches (12") by twelve inches (12") in size.
Acts 1996, ch. 808, §1; T.C.A. § 69-10-504.
Tenn. Code Ann. § 69-1-103 — TN Code / Title 69 / Chapter 1 / Section 69-1-103
Overseers appointed for navigable stream districts
Status: in_force

A county may lay off a navigable stream or any portion of the stream in the county into a district, and appoint overseers to the district, as in the case of public roads. Code 1858, § 1301 (deriv. Acts 1784 (Oct.), ch. 14, § 16); Shan., § 1810; Code 1932, § 3076; T.C.A. (orig. ed.), § 70-103.
A county may lay off a navigable stream or any portion of the stream in the county into a district, and appoint overseers to the district, as in the case of public roads.
Code 1858, § 1301 (deriv. Acts 1784 (Oct.), ch. 14, § 16); Shan., § 1810; Code 1932, § 3076; T.C.A. (orig. ed.), § 70-103.
Tenn. Code Ann. § 69-11-114 — TN Code / Title 69 / Chapter 11 / Section 69-11-114
Modification of certificates
Status: in_force

The commissioner may modify a certificate of approval or the conditions attached to it. Such modification shall become effective ninety (90) days following issuance by the commissioner of a revised certificate, except when the commissioner finds that a state of emergency exists, and that life or property would be endangered by delay. In case of an emergency declared by the commissioner, the new conditions shall be effective immediately. Acts 1973, ch. 182, § 5; T.C.A., § 70-2515; T.C.A. § 69-12-114.
The commissioner may modify a certificate of approval or the conditions attached to it. Such modification shall become effective ninety (90) days following issuance by the commissioner of a revised certificate, except when the commissioner finds that a state of emergency exists, and that life or property would be endangered by delay. In case of an emergency declared by the commissioner, the new conditions shall be effective immediately.
Acts 1973, ch. 182, § 5; T.C.A., § 70-2515; T.C.A. § 69-12-114.
Tenn. Code Ann. § 69-5-404 — TN Code / Title 69 / Chapter 5 / Section 69-5-404
Mistake in acres - Correction after decree has been made final
Status: in_force

No such petition shall be filed or heard after the decree has been rendered upon the directors' report upon assessment roll and the number of acres assessed to each owner, and the boundaries of land so assessed to the owner shall be final after the rendering of the decree upon the report on assessment roll, except as provided in § 69-5-305 . Acts 1921, ch. 144, § 1; Shan. Supp., § 3871a51b4; Code 1932, § 4272; T.C.A. (orig. ed.), § 70-1004; T.C.A. § 69-6-404.
No such petition shall be filed or heard after the decree has been rendered upon the directors' report upon assessment roll and the number of acres assessed to each owner, and the boundaries of land so assessed to the owner shall be final after the rendering of the decree upon the report on assessment roll, except as provided in § 69-5-305 .
Acts 1921, ch. 144, § 1; Shan. Supp., § 3871a51b4; Code 1932, § 4272; T.C.A. (orig. ed.), § 70-1004; T.C.A. § 69-6-404.
Tenn. Code Ann. § 69-5-509 — TN Code / Title 69 / Chapter 5 / Section 69-5-509
Trial with or without jury
Status: in_force

The trial in the circuit court shall be with or without a jury, as the court may deem the right of the parties to be under the particular issues to be tried, the right to a jury being accorded wherever the parties have such right under the law of the land. Acts 1909, ch. 185, §8; Shan., § 3871a47; Code 1932, § 4264; T.C.A. (orig. ed.), § 70-1109; T.C.A. § 69-6-509.
The trial in the circuit court shall be with or without a jury, as the court may deem the right of the parties to be under the particular issues to be tried, the right to a jury being accorded wherever the parties have such right under the law of the land.
Acts 1909, ch. 185, §8; Shan., § 3871a47; Code 1932, § 4264; T.C.A. (orig. ed.), § 70-1109; T.C.A. § 69-6-509.
Tenn. Code Ann. § 69-5-1005 — TN Code / Title 69 / Chapter 5 / Section 69-5-1005
Chair and secretary-treasurer
Status: in_force

The county mayor of the county in which the larger or largest percent of the lands of such improvement district lies shall be chair of such board of directors, with authority to call meetings of the board. The board shall elect one (1) of the appointed directors secretary and treasurer of the board of directors, and such treasurer shall give bond, as provided by part 6 of this chapter, such bond or a duplicate of same to be filed with the county clerk in each of the counties and recorded in the drainage record, the bond to be taken before and approved by the county court of the county in which the larger or largest percent of the lands of the district lies. Acts 1909, ch. 185, § 31; Shan., § 3871a120; Code 1932, §4349; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), §70-150; Acts 2003 , ch. 90, § 2; T.C.A. § 69-6-1005.
The county mayor of the county in which the larger or largest percent of the lands of such improvement district lies shall be chair of such board of directors, with authority to call meetings of the board. The board shall elect one (1) of the appointed directors secretary and treasurer of the board of directors, and such treasurer shall give bond, as provided by part 6 of this chapter, such bond or a duplicate of same to be filed with the county clerk in each of the counties and recorded in the drainage record, the bond to be taken before and approved by the county court of the county in which the larger or largest percent of the lands of the district lies.
Acts 1909, ch. 185, § 31; Shan., § 3871a120; Code 1932, §4349; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), §70-150; Acts 2003 , ch. 90, § 2; T.C.A. § 69-6-1005.
Tenn. Code Ann. § 69-5-507 — TN Code / Title 69 / Chapter 5 / Section 69-5-507
Docketing - Consolidation - Transcript
Status: in_force

In the circuit court, in such cases, the cases shall be docketed with the appellant or appellants as plaintiffs and the adversary parties as defendants, and where there are several appellants on questions of damages, the circuit court may consolidate the causes and try them together, if practicable, making proper findings or orders as to each; and in appeals from orders of the county court made at the same session where there are several appellants, at their request only one (1) transcript shall be made out by the court clerk. Acts 1909, ch. 185, §8; Shan., § 3871a45; Code 1932, §4262; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 70-1107; T.C.A. § 69-6-507.
In the circuit court, in such cases, the cases shall be docketed with the appellant or appellants as plaintiffs and the adversary parties as defendants, and where there are several appellants on questions of damages, the circuit court may consolidate the causes and try them together, if practicable, making proper findings or orders as to each; and in appeals from orders of the county court made at the same session where there are several appellants, at their request only one (1) transcript shall be made out by the court clerk.
Acts 1909, ch. 185, §8; Shan., § 3871a45; Code 1932, §4262; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 70-1107; T.C.A. § 69-6-507.
Tenn. Code Ann. § 69-3-109 — TN Code / Title 69 / Chapter 3 / Section 69-3-109
Complaints - Orders for corrective action
Status: in_force

(a) (1) Whenever the commissioner has reason to believe that a violation of any provision of this part or regulation promulgated thereunder or orders issued pursuant thereto has occurred, is occurring, or is about to occur, the commissioner may cause a written complaint to be served upon the alleged violator or violators. (2) The complaint shall specify the provision or provisions of this part or regulation or order alleged to be violated or about to be violated and the facts alleged to constitute a violation thereof, may order that necessary corrective action be taken within a reasonable time to be prescribed in such order, and shall inform the violators of the opportunity for a hearing before the board. Upon the request of the alleged violator or violators, the department shall promptly make available and provide access to any documents and other information that address the factual and scientific basis of the complaint. (3) Any such order shall become final and not subject to review unless the person or persons named in the order request by written petition a hearing before the board, as provided in § 69-3-110 , no later than thirty (30) days after the date such order is served; provided, that the board may review such final order on the same grounds upon which a court of the state may review default judgments. (b) (1) Whenever the commissioner, with the concurrence of the governor, finds that an emergency exists imperatively requiring immediate action to protect the public health, safety, or welfare, or the health of animals, fish, or aquatic life, or a public water supply, or recreational, commercial, industrial, agricultural, or other reasonable uses, the commissioner may, without prior notice, issue an order reciting the existence of such an emergency and requiring that such action be taken as the commissioner deems necessary to meet the emergency. (2) If the violator fails to respond or is unable to respond to the commissioner's order, the commissioner may take such emergency action as the commissioner deems necessary, or contract with a qualified person or persons to carry out the emergency measures. The commissioner may assess the person or persons responsible for the emergency condition for actual costs incurred by the commissioner in meeting the emergency. (3) Furthermore, the commissioner is empowered to establish programs and procedures to qualify the state for emergency funding from the federal government. (c) Except as otherwise expressly provided, any notice, complaint, order, or other instrument issued by or under authority of this part may be served on any person affected thereby personally, by the commissioner or any person designated by the commissioner, or such service may be made in accordance with Tennessee statutes authorizing service of process in civil actions. Proof of service shall be filed in the office of the commissioner. Acts 1971, ch. 164, § 8; 1971, ch. 386, § 3; 1977, ch. 366, § 1; T.C.A., §70-331; Acts 2008 , ch. 1056, § 1.
(a) (1) Whenever the commissioner has reason to believe that a violation of any provision of this part or regulation promulgated thereunder or orders issued pursuant thereto has occurred, is occurring, or is about to occur, the commissioner may cause a written complaint to be served upon the alleged violator or violators. (2) The complaint shall specify the provision or provisions of this part or regulation or order alleged to be violated or about to be violated and the facts alleged to constitute a violation thereof, may order that necessary corrective action be taken within a reasonable time to be prescribed in such order, and shall inform the violators of the opportunity for a hearing before the board. Upon the request of the alleged violator or violators, the department shall promptly make available and provide access to any documents and other information that address the factual and scientific basis of the complaint. (3) Any such order shall become final and not subject to review unless the person or persons named in the order request by written petition a hearing before the board, as provided in § 69-3-110 , no later than thirty (30) days after the date such order is served; provided, that the board may review such final order on the same grounds upon which a court of the state may review default judgments.
(1) Whenever the commissioner has reason to believe that a violation of any provision of this part or regulation promulgated thereunder or orders issued pursuant thereto has occurred, is occurring, or is about to occur, the commissioner may cause a written complaint to be served upon the alleged violator or violators.
(2) The complaint shall specify the provision or provisions of this part or regulation or order alleged to be violated or about to be violated and the facts alleged to constitute a violation thereof, may order that necessary corrective action be taken within a reasonable time to be prescribed in such order, and shall inform the violators of the opportunity for a hearing before the board. Upon the request of the alleged violator or violators, the department shall promptly make available and provide access to any documents and other information that address the factual and scientific basis of the complaint.
(3) Any such order shall become final and not subject to review unless the person or persons named in the order request by written petition a hearing before the board, as provided in § 69-3-110 , no later than thirty (30) days after the date such order is served; provided, that the board may review such final order on the same grounds upon which a court of the state may review default judgments.
(b) (1) Whenever the commissioner, with the concurrence of the governor, finds that an emergency exists imperatively requiring immediate action to protect the public health, safety, or welfare, or the health of animals, fish, or aquatic life, or a public water supply, or recreational, commercial, industrial, agricultural, or other reasonable uses, the commissioner may, without prior notice, issue an order reciting the existence of such an emergency and requiring that such action be taken as the commissioner deems necessary to meet the emergency. (2) If the violator fails to respond or is unable to respond to the commissioner's order, the commissioner may take such emergency action as the commissioner deems necessary, or contract with a qualified person or persons to carry out the emergency measures. The commissioner may assess the person or persons responsible for the emergency condition for actual costs incurred by the commissioner in meeting the emergency. (3) Furthermore, the commissioner is empowered to establish programs and procedures to qualify the state for emergency funding from the federal government.
(1) Whenever the commissioner, with the concurrence of the governor, finds that an emergency exists imperatively requiring immediate action to protect the public health, safety, or welfare, or the health of animals, fish, or aquatic life, or a public water supply, or recreational, commercial, industrial, agricultural, or other reasonable uses, the commissioner may, without prior notice, issue an order reciting the existence of such an emergency and requiring that such action be taken as the commissioner deems necessary to meet the emergency.
(2) If the violator fails to respond or is unable to respond to the commissioner's order, the commissioner may take such emergency action as the commissioner deems necessary, or contract with a qualified person or persons to carry out the emergency measures. The commissioner may assess the person or persons responsible for the emergency condition for actual costs incurred by the commissioner in meeting the emergency.
(3) Furthermore, the commissioner is empowered to establish programs and procedures to qualify the state for emergency funding from the federal government.
(c) Except as otherwise expressly provided, any notice, complaint, order, or other instrument issued by or under authority of this part may be served on any person affected thereby personally, by the commissioner or any person designated by the commissioner, or such service may be made in accordance with Tennessee statutes authorizing service of process in civil actions. Proof of service shall be filed in the office of the commissioner.
Acts 1971, ch. 164, § 8; 1971, ch. 386, § 3; 1977, ch. 366, § 1; T.C.A., §70-331; Acts 2008 , ch. 1056, § 1.
Tenn. Code Ann. § 69-5-719 — TN Code / Title 69 / Chapter 5 / Section 69-5-719
Damages a lien on land - Enforcement of lien
Status: in_force

(a) The damages assessed shall be a lien upon tracts of land in the district of the owner or owners respectively affected by the improvement, against whom the damages are assessed, but this lien shall be inferior to the lien of the general assessment, which lien shall be enforced by a bill or petition in the county court of the county in which the land is situated. (b) Jurisdiction is conferred upon the county courts to enforce such liens. Acts 1915, ch. 63, §6; Shan., § 3871a101; Code 1932, § 4329; T.C.A. (orig. ed.), § 70-1226; T.C.A. § 69-6-719.
(a) The damages assessed shall be a lien upon tracts of land in the district of the owner or owners respectively affected by the improvement, against whom the damages are assessed, but this lien shall be inferior to the lien of the general assessment, which lien shall be enforced by a bill or petition in the county court of the county in which the land is situated.
(b) Jurisdiction is conferred upon the county courts to enforce such liens.
Acts 1915, ch. 63, §6; Shan., § 3871a101; Code 1932, § 4329; T.C.A. (orig. ed.), § 70-1226; T.C.A. § 69-6-719.
Tenn. Code Ann. § 69-6-119 — TN Code / Title 69 / Chapter 6 / Section 69-6-119
Study of watershed area
Status: in_force

Upon the incorporation of the watershed district, the board shall cause a study to be made of the watershed area to be served by the district. The board has the power to employ engineers, surveyors and other personnel necessary for such study and to have prepared surveys, maps, profiles, plans and descriptions, and such other data as may be necessary to establish the boundaries of the area that can be served by the district to the best advantage. Acts 1955, ch. 112, § 14; T.C.A., § 70-1819; T.C.A. § 69-7-119.
Upon the incorporation of the watershed district, the board shall cause a study to be made of the watershed area to be served by the district. The board has the power to employ engineers, surveyors and other personnel necessary for such study and to have prepared surveys, maps, profiles, plans and descriptions, and such other data as may be necessary to establish the boundaries of the area that can be served by the district to the best advantage.
Acts 1955, ch. 112, § 14; T.C.A., § 70-1819; T.C.A. § 69-7-119.
Tenn. Code Ann. § 69-5-912 — TN Code / Title 69 / Chapter 5 / Section 69-5-912
Payment of assessments with bonds or coupons
Status: in_force

The bonds and/or interest coupons of the drainage district levying the assessment may be lawfully tendered to the trustee of the county in which the land lies by the person desiring to make such payments, and it is the duty of such trustee, to whom tender is made, to receive such bonds or coupons, or both, regardless of the date of maturity of such bonds or coupons, or both; to receive such bonds or coupons, or both, without deduction for maintenance, at par or face value, excluding interest upon past due coupons. Such payment, when so made, shall be as valid and complete a payment as though payment of such assessments had been made in cash. The trustee to whom payment is made may, at the trustee's option, require the commissions due and owing to the trustee by virtue of the trustee's collection of such assessments to be paid in cash instead of by bonds; but, where collection is made by a county trustee, other than by the trustee of the county where the district originates, then only one (1) trustee's fee can be collected and that fee must be paid to the trustee collecting the assessment. In cases where the coupons or bonds, or both, tendered by such person desiring to pay such taxes shall exceed in amount the assessments against such tract of land that the landowner is desirous of paying, the county trustee shall take into possession all of the coupons or bonds, or both, so tendered and, after computing the difference between the balance upon all such coupons or bonds, or both, and the assessment that it is proposed to pay, shall issue to the party paying such assessment a transferable credit memorandum, which credit memorandum may be used by such landowner or such landowner's assigns, in payment of any other drainage assessment due to the district in which payment is made. Acts 1933, ch. 132, § 2; C. Supp. 1950, § 4292.2; T.C.A. (orig. ed.), § 70-1412; T.C.A. § 69-6-912.
The bonds and/or interest coupons of the drainage district levying the assessment may be lawfully tendered to the trustee of the county in which the land lies by the person desiring to make such payments, and it is the duty of such trustee, to whom tender is made, to receive such bonds or coupons, or both, regardless of the date of maturity of such bonds or coupons, or both; to receive such bonds or coupons, or both, without deduction for maintenance, at par or face value, excluding interest upon past due coupons. Such payment, when so made, shall be as valid and complete a payment as though payment of such assessments had been made in cash. The trustee to whom payment is made may, at the trustee's option, require the commissions due and owing to the trustee by virtue of the trustee's collection of such assessments to be paid in cash instead of by bonds; but, where collection is made by a county trustee, other than by the trustee of the county where the district originates, then only one (1) trustee's fee can be collected and that fee must be paid to the trustee collecting the assessment. In cases where the coupons or bonds, or both, tendered by such person desiring to pay such taxes shall exceed in amount the assessments against such tract of land that the landowner is desirous of paying, the county trustee shall take into possession all of the coupons or bonds, or both, so tendered and, after computing the difference between the balance upon all such coupons or bonds, or both, and the assessment that it is proposed to pay, shall issue to the party paying such assessment a transferable credit memorandum, which credit memorandum may be used by such landowner or such landowner's assigns, in payment of any other drainage assessment due to the district in which payment is made.
Acts 1933, ch. 132, § 2; C. Supp. 1950, § 4292.2; T.C.A. (orig. ed.), § 70-1412; T.C.A. § 69-6-912.
Tenn. Code Ann. § 69-6-123 — TN Code / Title 69 / Chapter 6 / Section 69-6-123
Election of directors - Failure of board to perform duties - Election of new board
Status: in_force

(a) Within thirty (30) days after the permanent boundaries of the district are established as prescribed in §§ 69-6-119 - 69-6-121, an election shall be held for the election of directors. Notice of this election shall be given at least ten (10) days prior to the date of the election by one (1) publication in a newspaper of general circulation in each of the counties of which the district is a part. Such election shall be by ballot, and shall be conducted in the same manner as prescribed in §§ 69-6-106 - 69-6-110. Subsequent elections shall be called by the board from time to time as membership on the board shall expire. (b) (1) In the event the board of directors fails or refuses to take steps to proceed with the promotion of watershed district activities, or fails to take steps to effectuate the purposes for which the district was organized, or fails to hold two (2) consecutive quarterly board meetings as required by § 69-6-124 , five percent (5%) of the qualified voters of the watershed district may petition the county legislative bodies of the counties having lands within the district to elect a new board. (2) The petition may be filed with the county clerk of any county having lands within the district. Such petition shall be presented to the next regular or special meeting of the county legislative body, and such county legislative body shall proceed to consider the merits of the petition and if a majority of the members present vote to sustain the petition, the county legislative body shall proceed to elect successors to the members of the board residing in that county. (3) The county clerk of that county shall then certify a copy of the petition to each of the other counties having lands in the district and, at the next special or regular meeting of the county legislative bodies of such counties, it shall be mandatory that such county legislative bodies elect successors to the members of the board residing in the respective counties. (c) The action of the county legislative body in which the petition is first filed determining whether the petition should be sustained shall be final and conclusive and is not be subject to review by any court. (d) The incumbent board members shall be ineligible to be elected to the new board. The new board members shall serve during the unexpired terms of their predecessors. (e) In the event a petition is rejected by any county, a similar petition shall not be entertained by any county within the district for a period of one (1) year after such rejection. Acts 1955, ch. 112, § 15; 1961, ch. 342, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 22, 36; T.C.A., § 70-1823; T.C.A. § 69-7-123.
(a) Within thirty (30) days after the permanent boundaries of the district are established as prescribed in §§ 69-6-119 - 69-6-121, an election shall be held for the election of directors. Notice of this election shall be given at least ten (10) days prior to the date of the election by one (1) publication in a newspaper of general circulation in each of the counties of which the district is a part. Such election shall be by ballot, and shall be conducted in the same manner as prescribed in §§ 69-6-106 - 69-6-110. Subsequent elections shall be called by the board from time to time as membership on the board shall expire.
(b) (1) In the event the board of directors fails or refuses to take steps to proceed with the promotion of watershed district activities, or fails to take steps to effectuate the purposes for which the district was organized, or fails to hold two (2) consecutive quarterly board meetings as required by § 69-6-124 , five percent (5%) of the qualified voters of the watershed district may petition the county legislative bodies of the counties having lands within the district to elect a new board. (2) The petition may be filed with the county clerk of any county having lands within the district. Such petition shall be presented to the next regular or special meeting of the county legislative body, and such county legislative body shall proceed to consider the merits of the petition and if a majority of the members present vote to sustain the petition, the county legislative body shall proceed to elect successors to the members of the board residing in that county. (3) The county clerk of that county shall then certify a copy of the petition to each of the other counties having lands in the district and, at the next special or regular meeting of the county legislative bodies of such counties, it shall be mandatory that such county legislative bodies elect successors to the members of the board residing in the respective counties.
(1) In the event the board of directors fails or refuses to take steps to proceed with the promotion of watershed district activities, or fails to take steps to effectuate the purposes for which the district was organized, or fails to hold two (2) consecutive quarterly board meetings as required by § 69-6-124 , five percent (5%) of the qualified voters of the watershed district may petition the county legislative bodies of the counties having lands within the district to elect a new board.
(2) The petition may be filed with the county clerk of any county having lands within the district. Such petition shall be presented to the next regular or special meeting of the county legislative body, and such county legislative body shall proceed to consider the merits of the petition and if a majority of the members present vote to sustain the petition, the county legislative body shall proceed to elect successors to the members of the board residing in that county.
(3) The county clerk of that county shall then certify a copy of the petition to each of the other counties having lands in the district and, at the next special or regular meeting of the county legislative bodies of such counties, it shall be mandatory that such county legislative bodies elect successors to the members of the board residing in the respective counties.
(c) The action of the county legislative body in which the petition is first filed determining whether the petition should be sustained shall be final and conclusive and is not be subject to review by any court.
(d) The incumbent board members shall be ineligible to be elected to the new board. The new board members shall serve during the unexpired terms of their predecessors.
(e) In the event a petition is rejected by any county, a similar petition shall not be entertained by any county within the district for a period of one (1) year after such rejection.
Acts 1955, ch. 112, § 15; 1961, ch. 342, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 22, 36; T.C.A., § 70-1823; T.C.A. § 69-7-123.
Tenn. Code Ann. § 69-5-903 — TN Code / Title 69 / Chapter 5 / Section 69-5-903
Terms of bonds - Signing - District to be indicated
Status: in_force

The terms and times of payment of the bonds so issued shall be fixed by the board of directors of the improvement district, and such bonds shall be signed by the county mayor and countersigned by the clerk of the county, each of the officers signing officially, and shall be verified either by the county seal or seal of the county clerk. Such bonds shall be issued for the benefit of the district numbered on the bonds, and each district shall be numbered by the county court and recorded by the county clerk in the drainage record, the record showing specifically the lands embraced in that district and upon which the assessment has not been previously paid in full. Acts 1909, ch. 185, § 27; Shan., § 3871a109; Code 1932, §4337; impl. am. Acts 1978, ch. 934, §§ 16, 22, 36; T.C.A. (orig. ed.), §70-1403; Acts 2003 , ch. 90, § 2; T.C.A. § 69-6-903.
The terms and times of payment of the bonds so issued shall be fixed by the board of directors of the improvement district, and such bonds shall be signed by the county mayor and countersigned by the clerk of the county, each of the officers signing officially, and shall be verified either by the county seal or seal of the county clerk. Such bonds shall be issued for the benefit of the district numbered on the bonds, and each district shall be numbered by the county court and recorded by the county clerk in the drainage record, the record showing specifically the lands embraced in that district and upon which the assessment has not been previously paid in full.
Acts 1909, ch. 185, § 27; Shan., § 3871a109; Code 1932, §4337; impl. am. Acts 1978, ch. 934, §§ 16, 22, 36; T.C.A. (orig. ed.), §70-1403; Acts 2003 , ch. 90, § 2; T.C.A. § 69-6-903.
Tenn. Code Ann. § 69-3-202 — TN Code / Title 69 / Chapter 3 / Section 69-3-202
"Stream mapping" defined
Status: in_force

As used in this part, unless the context otherwise requires, "stream mapping" means the collection and analysis of water samples along streams that normally exhibit water flow at least six (6) consecutive months per year within a given area. Acts 1998, ch. 623, §1; T.C.A. § 69-3-302 .
As used in this part, unless the context otherwise requires, "stream mapping" means the collection and analysis of water samples along streams that normally exhibit water flow at least six (6) consecutive months per year within a given area.
Acts 1998, ch. 623, §1; T.C.A. § 69-3-302 .
Tenn. Code Ann. § 69-5-123 — TN Code / Title 69 / Chapter 5 / Section 69-5-123
Special assessment to pay preliminary costs and expenses
Status: in_force

After the report of the engineer has been filed, accompanied by the plat and a description of the land included within the proposed district, and a description of the surrounding landowners, of the respective tracts of land within the proposed district, and the names of the owners of the tracts, the court shall have the power, if it deems it expedient, to make a special assessment upon all the lands within the proposed district for an amount sufficient to pay the costs and expenses already incurred to the date of filing of the engineer's report, including the expenses in collecting the special assessment. Acts 1923, ch. 55, § 1; Shan. Supp., § 3871a30b1; Code 1932, § 4240; T.C.A. (orig. ed.), § 70-730; T.C.A. § 69-6-123 .
After the report of the engineer has been filed, accompanied by the plat and a description of the land included within the proposed district, and a description of the surrounding landowners, of the respective tracts of land within the proposed district, and the names of the owners of the tracts, the court shall have the power, if it deems it expedient, to make a special assessment upon all the lands within the proposed district for an amount sufficient to pay the costs and expenses already incurred to the date of filing of the engineer's report, including the expenses in collecting the special assessment.
Acts 1923, ch. 55, § 1; Shan. Supp., § 3871a30b1; Code 1932, § 4240; T.C.A. (orig. ed.), § 70-730; T.C.A. § 69-6-123 .
Tenn. Code Ann. § 69-5-709 — TN Code / Title 69 / Chapter 5 / Section 69-5-709
Monthly estimates of work and payments thereon
Status: in_force

The engineer in charge of the construction shall furnish the contractor monthly estimates of the amount of work done on each section, and upon filing the estimates with the county clerk, the county mayor shall draw a warrant in favor of such contractor for eighty percent (80%) of the value of the work done according to the estimate. Acts 1909, ch. 185, § 20; Shan., § 3871a89; Code 1932, §4317; impl. am. Acts 1978, ch. 934, §§ 16, 22, 36; T.C.A. (orig. ed.), §70-1215; Acts 2003 , ch. 90, § 2; T.C.A. § 69-6-709.
The engineer in charge of the construction shall furnish the contractor monthly estimates of the amount of work done on each section, and upon filing the estimates with the county clerk, the county mayor shall draw a warrant in favor of such contractor for eighty percent (80%) of the value of the work done according to the estimate.
Acts 1909, ch. 185, § 20; Shan., § 3871a89; Code 1932, §4317; impl. am. Acts 1978, ch. 934, §§ 16, 22, 36; T.C.A. (orig. ed.), §70-1215; Acts 2003 , ch. 90, § 2; T.C.A. § 69-6-709.
Tenn. Code Ann. § 69-7-212 — TN Code / Title 69 / Chapter 7 / Section 69-7-212
Redesignation of personnel
Status: in_force

The department of environment and conservation may redesignate existing personnel to implement this chapter. Acts 2000, ch. 854, §§ 14, 15; T.C.A. § 69-8-212.
The department of environment and conservation may redesignate existing personnel to implement this chapter.
Acts 2000, ch. 854, §§ 14, 15; T.C.A. § 69-8-212.
Tenn. Code Ann. § 69-6-132 — TN Code / Title 69 / Chapter 6 / Section 69-6-132
Revenue bonds
Status: in_force

If the cost of the proposed improvement is to be paid from the proceeds of revenue bonds of the district, the county legislative body may authorize the issuance of the necessary revenue bonds, in accordance with title 9, chapter 21, with respect to a local government. Acts 1955, ch. 112, § 22; T.C.A., § 70-1832; Acts 1988, ch. 750, § 70; T.C.A. § 69-7-132.
If the cost of the proposed improvement is to be paid from the proceeds of revenue bonds of the district, the county legislative body may authorize the issuance of the necessary revenue bonds, in accordance with title 9, chapter 21, with respect to a local government.
Acts 1955, ch. 112, § 22; T.C.A., § 70-1832; Acts 1988, ch. 750, § 70; T.C.A. § 69-7-132.
Tenn. Code Ann. § 69-5-207 — TN Code / Title 69 / Chapter 5 / Section 69-5-207
Damages to be paid or secured by parties benefited by such district
Status: in_force

After the amount of damages due any claimant or claimants has been finally ascertained and fixed by the county court, the court shall require the amount of all such damages to be paid, in the first instance, by the parties benefited by the levee or drainage district, or be secured, to be paid upon such terms and conditions as the county court may deem just and proper. Acts 1909, ch. 185, §9; Shan., § 3871a48; Code 1932, § 4265; T.C.A. (orig. ed.), § 70-807; T.C.A. § 69-6-207.
After the amount of damages due any claimant or claimants has been finally ascertained and fixed by the county court, the court shall require the amount of all such damages to be paid, in the first instance, by the parties benefited by the levee or drainage district, or be secured, to be paid upon such terms and conditions as the county court may deem just and proper.
Acts 1909, ch. 185, §9; Shan., § 3871a48; Code 1932, § 4265; T.C.A. (orig. ed.), § 70-807; T.C.A. § 69-6-207.
Tenn. Code Ann. § 69-5-301 — TN Code / Title 69 / Chapter 5 / Section 69-5-301
Commissioners - Appointment - Qualifications
Status: in_force

When the district, or other improvement provided for, has been located and established as provided for in part 1 of this chapter, the county court shall appoint three (3) or five (5) commissioners as may be determined by the county court, one (1) of whom shall be a competent civil engineer, and two (2) of whom shall be freeholders of the county, not living within the levee or drainage district, and not interested in the district, or in a like question, nor related to any party whose land is affected thereby. Acts 1909, ch. 185, § 11; Shan., § 3871a52; Code 1932, § 4280; Acts 1971, ch. 401, § 1; T.C.A. (orig. ed.), § 70-901; T.C.A. § 69-6-301.
When the district, or other improvement provided for, has been located and established as provided for in part 1 of this chapter, the county court shall appoint three (3) or five (5) commissioners as may be determined by the county court, one (1) of whom shall be a competent civil engineer, and two (2) of whom shall be freeholders of the county, not living within the levee or drainage district, and not interested in the district, or in a like question, nor related to any party whose land is affected thereby.
Acts 1909, ch. 185, § 11; Shan., § 3871a52; Code 1932, § 4280; Acts 1971, ch. 401, § 1; T.C.A. (orig. ed.), § 70-901; T.C.A. § 69-6-301.
Tenn. Code Ann. § 69-5-929 — TN Code / Title 69 / Chapter 5 / Section 69-5-929
Appointment of receiver for defaulting drainage district
Status: in_force

When any bond or interest coupon of any bond, issued by any district within the state has been past due for two (2) years, and payment has been demanded by the holder of any such at the place designated for payment in such instrument, and also to the chair of the board of directors of any such district, such holder of any bond, or interest coupon on any such bond, has the right to make application to any court of competent jurisdiction within the county or counties of the district for the appointment of a receiver for the defaulting district, and it is the duty of the court, upon presentation of a petition properly verified, to appoint a receiver in such case to collect the assessments and taxes due any such district. Acts 1909, ch. 185, § 34b, as added by Acts 1923, ch. 73, § 3; Shan. Supp., § 3871a135b2; mod. Code 1932, § 4369; T.C.A. (orig. ed.), § 70-1430; T.C.A. § 69-6-929.
When any bond or interest coupon of any bond, issued by any district within the state has been past due for two (2) years, and payment has been demanded by the holder of any such at the place designated for payment in such instrument, and also to the chair of the board of directors of any such district, such holder of any bond, or interest coupon on any such bond, has the right to make application to any court of competent jurisdiction within the county or counties of the district for the appointment of a receiver for the defaulting district, and it is the duty of the court, upon presentation of a petition properly verified, to appoint a receiver in such case to collect the assessments and taxes due any such district.
Acts 1909, ch. 185, § 34b, as added by Acts 1923, ch. 73, § 3; Shan. Supp., § 3871a135b2; mod. Code 1932, § 4369; T.C.A. (orig. ed.), § 70-1430; T.C.A. § 69-6-929.
Tenn. Code Ann. § 69-5-815 — TN Code / Title 69 / Chapter 5 / Section 69-5-815
Sale of part of tract
Status: in_force

When voluntary sales of a part of any tract so assessed shall be made, it shall be the duty of the vendor to file a petition in the county court of the county in which the cause was instituted, establishing the drainage district against the purchaser, setting out the facts, and the court shall determine what part of the assessment shall be borne by the tract so conveyed and what part by the tract or parcel retained by the vendor, which decree shall be entered on the drainage record book, and certified by the clerk of the county, to the trustee, whose duty it is to collect the assessments, and the trustee shall make the change in the drainage assessment book and thereafter collect the assessments accordingly, and the cost of filing the petition and conducting the proceeding shall be borne equally by the vendor and vendee of such part of land. Acts 1921, ch. 144, § 1; Shan. Supp., § 3871a51b9; Code 1932, §4277; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 70-1319; T.C.A. § 69-6-815.
When voluntary sales of a part of any tract so assessed shall be made, it shall be the duty of the vendor to file a petition in the county court of the county in which the cause was instituted, establishing the drainage district against the purchaser, setting out the facts, and the court shall determine what part of the assessment shall be borne by the tract so conveyed and what part by the tract or parcel retained by the vendor, which decree shall be entered on the drainage record book, and certified by the clerk of the county, to the trustee, whose duty it is to collect the assessments, and the trustee shall make the change in the drainage assessment book and thereafter collect the assessments accordingly, and the cost of filing the petition and conducting the proceeding shall be borne equally by the vendor and vendee of such part of land.
Acts 1921, ch. 144, § 1; Shan. Supp., § 3871a51b9; Code 1932, §4277; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 70-1319; T.C.A. § 69-6-815.
Tenn. Code Ann. § 69-3-129 — TN Code / Title 69 / Chapter 3 / Section 69-3-129
Disposition of damage payments and penalties - Special fund
Status: in_force

All damages or penalties, or both, assessed and collected under §§ 69-3-123 - 69-3-128 shall be placed in a special fund by the pretreatment agency and allocated and appropriated to the pretreatment agency for the administration of its pretreatment program. Acts 1987, ch. 111, § 7.
All damages or penalties, or both, assessed and collected under §§ 69-3-123 - 69-3-128 shall be placed in a special fund by the pretreatment agency and allocated and appropriated to the pretreatment agency for the administration of its pretreatment program.
Acts 1987, ch. 111, § 7.
Tenn. Code Ann. § 69-5-506 — TN Code / Title 69 / Chapter 5 / Section 69-5-506
Establishment of district - Circuit court order
Status: in_force

If the appeal is from the action of the county court in establishing, or refusing to establish, the drainage or levee district, the circuit court shall enter such order as it deems just and proper in the premises, and the clerk of that court shall certify the order to the county court, which shall proceed thereafter in the matter in accordance with the order of the circuit court. Acts 1909, ch. 185, §8; Shan., § 3871a44; Code 1932, § 4261; T.C.A. (orig. ed.), § 70-1106; T.C.A. § 69-6-506.
If the appeal is from the action of the county court in establishing, or refusing to establish, the drainage or levee district, the circuit court shall enter such order as it deems just and proper in the premises, and the clerk of that court shall certify the order to the county court, which shall proceed thereafter in the matter in accordance with the order of the circuit court.
Acts 1909, ch. 185, §8; Shan., § 3871a44; Code 1932, § 4261; T.C.A. (orig. ed.), § 70-1106; T.C.A. § 69-6-506.
Tenn. Code Ann. § 69-5-102 — TN Code / Title 69 / Chapter 5 / Section 69-5-102
Judicial jurisdiction and authority
Status: in_force

The court vested with the judicial jurisdiction and authority in this chapter is the circuit court, unless provided otherwise by public, private, local, or special act of the general assembly. Acts 1909, ch. 185, §1; Shan., § 3871a8; Code 1932, §4217; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), §70-702; Acts 1983, ch. 256, § 1; T.C.A. § 69-6-102 .
The court vested with the judicial jurisdiction and authority in this chapter is the circuit court, unless provided otherwise by public, private, local, or special act of the general assembly.
Acts 1909, ch. 185, §1; Shan., § 3871a8; Code 1932, §4217; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), §70-702; Acts 1983, ch. 256, § 1; T.C.A. § 69-6-102 .
Tenn. Code Ann. § 69-9-404 — TN Code / Title 69 / Chapter 9 / Section 69-9-404
International code flag Alpha
Status: in_force

(a) The international code flag Alpha shall be used in the manner set out in § 69-9-402 by boats sending air or other gases to a diver through an air hose. Such use shall be in addition to any other coast guard approved use of this flag. (b) The divers-down flag shall not be used in lieu of the Alpha flag to indicate lack of maneuverability. (c) Whether or not the Alpha flag is being flown, the divers-down flag must be used to mark the location of divers. Acts 1984, ch. 732, §2; T.C.A. § 69-10-404.
(a) The international code flag Alpha shall be used in the manner set out in § 69-9-402 by boats sending air or other gases to a diver through an air hose. Such use shall be in addition to any other coast guard approved use of this flag.
(b) The divers-down flag shall not be used in lieu of the Alpha flag to indicate lack of maneuverability.
(c) Whether or not the Alpha flag is being flown, the divers-down flag must be used to mark the location of divers.
Acts 1984, ch. 732, §2; T.C.A. § 69-10-404.
Tenn. Code Ann. § 69-5-829 — TN Code / Title 69 / Chapter 5 / Section 69-5-829
Decree upon redemption - Writ of possession
Status: in_force

When such lands are redeemed, and this fact is made satisfactorily to appear to the chancery court, the court shall enter a decree in the cause, adjudging the land so redeemed and declaring it to be the property of the owner so redeeming, or of the owner's heirs or assigns, if redeemed by the owner's heirs or assigns; and if necessary may award a writ of possession to put the person so redeeming in possession of the land. Acts 1909, ch. 185, § 33; Shan., § 3871a132; Code 1932, § 4364; T.C.A. (orig. ed.), § 70-1333; T.C.A. § 69-6-829.
When such lands are redeemed, and this fact is made satisfactorily to appear to the chancery court, the court shall enter a decree in the cause, adjudging the land so redeemed and declaring it to be the property of the owner so redeeming, or of the owner's heirs or assigns, if redeemed by the owner's heirs or assigns; and if necessary may award a writ of possession to put the person so redeeming in possession of the land.
Acts 1909, ch. 185, § 33; Shan., § 3871a132; Code 1932, § 4364; T.C.A. (orig. ed.), § 70-1333; T.C.A. § 69-6-829.
Tenn. Code Ann. § 69-9-222 — TN Code / Title 69 / Chapter 9 / Section 69-9-222
Report of fines and forfeitures - Disposition of funds
Status: in_force

On or before the fifteenth day of each month, magistrates or clerks of general sessions courts and other courts shall make a detailed report of all fines and forfeitures collected during the previous calendar month, this report to be made on forms provided by the commission, and the magistrates or clerks of general sessions courts shall retain ten percent (10%) of fines and forfeitures collected or taken, and shall pay one half (½) of the balance to the state treasurer with the report, to be placed to the credit of the wildlife resources fund, and shall pay one half (½) of the balance to the trustee of the county in which the fine or forfeiture was collected, to be placed to the credit of the general funds of the county. Acts 1965, ch. 334, § 24; impl. am. Acts 1974, ch. 481, § 16; 1975, ch. 87, §8; 1975, ch. 184, § 21; impl. am. Acts 1978, ch. 934, §§22, 36; T.C.A., §§ 70-2224, 69-10-220; T.C.A. § 69-10-222.
On or before the fifteenth day of each month, magistrates or clerks of general sessions courts and other courts shall make a detailed report of all fines and forfeitures collected during the previous calendar month, this report to be made on forms provided by the commission, and the magistrates or clerks of general sessions courts shall retain ten percent (10%) of fines and forfeitures collected or taken, and shall pay one half (½) of the balance to the state treasurer with the report, to be placed to the credit of the wildlife resources fund, and shall pay one half (½) of the balance to the trustee of the county in which the fine or forfeiture was collected, to be placed to the credit of the general funds of the county.
Acts 1965, ch. 334, § 24; impl. am. Acts 1974, ch. 481, § 16; 1975, ch. 87, §8; 1975, ch. 184, § 21; impl. am. Acts 1978, ch. 934, §§22, 36; T.C.A., §§ 70-2224, 69-10-220; T.C.A. § 69-10-222.
Tenn. Code Ann. § 69-6-139 — TN Code / Title 69 / Chapter 6 / Section 69-6-139
Collection of assessments - Quarterly settlement - Commission
Status: in_force

(a) The trustee of each county in which lands so assessed are located shall collect such assessments upon the dates designated by the court and shall make settlement quarterly with the treasurer of the district for such collections. (b) The trustee shall be entitled to a commission of one percent (1%) of such collections for such trustee's services. Acts 1955, ch. 112, § 25; T.C.A., § 70-1839; T.C.A. § 69-7-139.
(a) The trustee of each county in which lands so assessed are located shall collect such assessments upon the dates designated by the court and shall make settlement quarterly with the treasurer of the district for such collections.
(b) The trustee shall be entitled to a commission of one percent (1%) of such collections for such trustee's services.
Acts 1955, ch. 112, § 25; T.C.A., § 70-1839; T.C.A. § 69-7-139.
Tenn. Code Ann. § 69-5-816 — TN Code / Title 69 / Chapter 5 / Section 69-5-816
Sale for collection of assessments certified to clerk and trustee
Status: in_force

If any tract of land is sold, as provided, for the collection of the assessment, the clerk of the court having cognizance of such cause shall certify to the clerk of the county, where the suit establishing the drainage district was instituted, a copy of the decree, and the decree shall be entered on the drainage record book in the office, and filed with the papers in the cause; and the county clerk shall certify this decree to the trustee charged with the collection of the assessments, who shall enter the change of owner and other changes shown in the decree, on the drainage assessment book, and thereafter collect the assessments accordingly. Acts 1921, ch. 144, § 1; Shan. Supp., § 3871a51b10; Code 1932, §4278; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 70-1320; T.C.A. § 69-6-816.
If any tract of land is sold, as provided, for the collection of the assessment, the clerk of the court having cognizance of such cause shall certify to the clerk of the county, where the suit establishing the drainage district was instituted, a copy of the decree, and the decree shall be entered on the drainage record book in the office, and filed with the papers in the cause; and the county clerk shall certify this decree to the trustee charged with the collection of the assessments, who shall enter the change of owner and other changes shown in the decree, on the drainage assessment book, and thereafter collect the assessments accordingly.
Acts 1921, ch. 144, § 1; Shan. Supp., § 3871a51b10; Code 1932, §4278; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 70-1320; T.C.A. § 69-6-816.
Tenn. Code Ann. § 69-9-506 — TN Code / Title 69 / Chapter 9 / Section 69-9-506
Leasing of personal watercraft by persons under sixteen (16)
Status: in_force

No person under sixteen (16) years of age may rent or attempt to hire, lease, or rent a personal watercraft. It shall be illegal for any marina, livery, or rental operation to hire, lease, or rent a personal watercraft to any person under sixteen (16) years of age. Further, no marina, livery, or other rental operation may hire, lease, or rent a personal watercraft to any first-time renter until the rental operation at first provides an orientation, approved by the wildlife resources agency, to the renter containing at least the following information: basic operation of the craft, including steering capability when the power is decreased or at idle; required safety equipment and the use of the engine cutoff switch; rules of the road; meaning of the state uniform waterway marking system buoys; regulations regarding wake-jumping and other regulations specific to personal watercraft. Further, the renter must acknowledge in writing that the renter has received such instruction, the marina, livery, or other rental operation must keep on file such acknowledgment for a period of at least thirty (30) days, and such record shall be available for inspection by enforcement officers during regular business hours. Acts 1996, ch. 808, § 1; 2000, ch. 830, § 4; T.C.A. § 69-10-506.
No person under sixteen (16) years of age may rent or attempt to hire, lease, or rent a personal watercraft. It shall be illegal for any marina, livery, or rental operation to hire, lease, or rent a personal watercraft to any person under sixteen (16) years of age. Further, no marina, livery, or other rental operation may hire, lease, or rent a personal watercraft to any first-time renter until the rental operation at first provides an orientation, approved by the wildlife resources agency, to the renter containing at least the following information: basic operation of the craft, including steering capability when the power is decreased or at idle; required safety equipment and the use of the engine cutoff switch; rules of the road; meaning of the state uniform waterway marking system buoys; regulations regarding wake-jumping and other regulations specific to personal watercraft. Further, the renter must acknowledge in writing that the renter has received such instruction, the marina, livery, or other rental operation must keep on file such acknowledgment for a period of at least thirty (30) days, and such record shall be available for inspection by enforcement officers during regular business hours.
Acts 1996, ch. 808, § 1; 2000, ch. 830, § 4; T.C.A. § 69-10-506.
Tenn. Code Ann. § 69-5-714 — TN Code / Title 69 / Chapter 5 / Section 69-5-714
Use of ditch or watercourse by assessed landowner
Status: in_force

The owner of any land or lot that has been assessed for the payment of the cost of the location and construction of any ditch, drain, or watercourse shall have the right to use it as an outlet for lateral drains from the land or lot. Acts 1909, ch. 185, § 23; Shan., § 3871a95; Code 1932, § 4323; T.C.A. (orig. ed.), § 70-1220; T.C.A. § 69-6-714.
The owner of any land or lot that has been assessed for the payment of the cost of the location and construction of any ditch, drain, or watercourse shall have the right to use it as an outlet for lateral drains from the land or lot.
Acts 1909, ch. 185, § 23; Shan., § 3871a95; Code 1932, § 4323; T.C.A. (orig. ed.), § 70-1220; T.C.A. § 69-6-714.
Tenn. Code Ann. § 69-5-503 — TN Code / Title 69 / Chapter 5 / Section 69-5-503
Appeal bonds by district - Petitioner signing for district - Sureties - No pauper oath
Status: in_force

If an order has been entered by the county court creating or establishing a district, and giving it a name or designation, the appeal bonds, when the district or petitioners for the bonds are appellants, may be made by the district in such name, to be signed by some one (1) of the petitioners nominated for that purpose by the county court, it being declared the duty of the county court to so nominate some of the petitioners for this purpose; and on any appeal from the circuit court to an appellate court, the name of the district, if it has been ordered established by the county court, may in like manner be signed to any appeal bond, the circuit court nominating the petitioner to so sign it. Nothing in this chapter is to be construed as excusing the giving of good security on any such bonds for appeal, and the district shall be liable for any damages and costs adjudged against it on any appeal, as well as the sureties on the bonds; and the oath provided by law for poor persons shall not be allowed in lieu of any of the bonds. Acts 1913 (1st Ex. Sess.), ch. 25, § 4; Shan., § 3871a41; Code 1932, §4258; T.C.A. (orig. ed.), § 70-1103; T.C.A. § 69-6-503.
If an order has been entered by the county court creating or establishing a district, and giving it a name or designation, the appeal bonds, when the district or petitioners for the bonds are appellants, may be made by the district in such name, to be signed by some one (1) of the petitioners nominated for that purpose by the county court, it being declared the duty of the county court to so nominate some of the petitioners for this purpose; and on any appeal from the circuit court to an appellate court, the name of the district, if it has been ordered established by the county court, may in like manner be signed to any appeal bond, the circuit court nominating the petitioner to so sign it. Nothing in this chapter is to be construed as excusing the giving of good security on any such bonds for appeal, and the district shall be liable for any damages and costs adjudged against it on any appeal, as well as the sureties on the bonds; and the oath provided by law for poor persons shall not be allowed in lieu of any of the bonds.
Acts 1913 (1st Ex. Sess.), ch. 25, § 4; Shan., § 3871a41; Code 1932, §4258; T.C.A. (orig. ed.), § 70-1103; T.C.A. § 69-6-503.
Tenn. Code Ann. § 69-5-144 — TN Code / Title 69 / Chapter 5 / Section 69-5-144
Authority to cooperate with other agencies
Status: in_force

Any drainage district or districts, in addition to the authority that it now has, shall also be authorized to cooperate and contract with persons, firms, associations, partnerships and private corporations, and with other watershed districts, drainage districts, conservation districts, levee districts, counties, cities, quasi- municipalities, utility districts, and other similar corporations or agencies of this state, and with any such districts or agencies organized for similar purposes in any adjoining state, and with other local, state, and federal agencies, including, but not limited to, the Tennessee department of agriculture, the department of environment and conservation, Tennessee Valley authority, corps of army engineers, the secretary of defense, United States department of agriculture, or any other federal agency; to enter into cooperative contracts and agreements with any such districts, corporations or agencies; and to exercise all the powers and receive all benefits relating to watershed districts prescribed in 83 P.L. 566, 68 Stat. 666, or any other act of congress. Acts 1959, ch. 258, § 1; impl. am. Acts 1963, ch. 169, §§ 1, 3; T.C.A. (orig. ed.), § 70-752; T.C.A. § 69-6-144 .
Any drainage district or districts, in addition to the authority that it now has, shall also be authorized to cooperate and contract with persons, firms, associations, partnerships and private corporations, and with other watershed districts, drainage districts, conservation districts, levee districts, counties, cities, quasi- municipalities, utility districts, and other similar corporations or agencies of this state, and with any such districts or agencies organized for similar purposes in any adjoining state, and with other local, state, and federal agencies, including, but not limited to, the Tennessee department of agriculture, the department of environment and conservation, Tennessee Valley authority, corps of army engineers, the secretary of defense, United States department of agriculture, or any other federal agency; to enter into cooperative contracts and agreements with any such districts, corporations or agencies; and to exercise all the powers and receive all benefits relating to watershed districts prescribed in 83 P.L. 566, 68 Stat. 666, or any other act of congress.
Acts 1959, ch. 258, § 1; impl. am. Acts 1963, ch. 169, §§ 1, 3; T.C.A. (orig. ed.), § 70-752; T.C.A. § 69-6-144 .
Tenn. Code Ann. § 69-8-102 — TN Code / Title 69 / Chapter 8 / Section 69-8-102
Execution of compact - When effective
Status: in_force

When the governor has executed this compact on behalf of this state and has caused a verified copy of the compact to be filed with the secretary of state, and when the compact has been ratified as provided in Article II of the compact, and when the general assemblies or the chief legislative bodies of the states of Alabama and Mississippi have approved Tennessee as a compacting state, then it shall become operative and effective as between this state and such other states, and the governor is hereby authorized and directed to take such action as may be necessary to complete the exchange of official documents between this state and any other state ratifying the compact. All documents relating to the compact shall be filed with the secretary of state. Acts 1959, ch. 55, §2; T.C.A., § 70-2102; T.C.A. § 69-9-102 .
When the governor has executed this compact on behalf of this state and has caused a verified copy of the compact to be filed with the secretary of state, and when the compact has been ratified as provided in Article II of the compact, and when the general assemblies or the chief legislative bodies of the states of Alabama and Mississippi have approved Tennessee as a compacting state, then it shall become operative and effective as between this state and such other states, and the governor is hereby authorized and directed to take such action as may be necessary to complete the exchange of official documents between this state and any other state ratifying the compact. All documents relating to the compact shall be filed with the secretary of state.
Acts 1959, ch. 55, §2; T.C.A., § 70-2102; T.C.A. § 69-9-102 .
Tenn. Code Ann. § 69-6-128 — TN Code / Title 69 / Chapter 6 / Section 69-6-128
Merger of districts
Status: in_force

Watershed districts may be merged or consolidated by the unanimous vote of the board of directors of such districts, concurred in by a majority of the voters of each district in an election conducted as provided in §§ 69-6-106 - 69-6-110. Such resolutions shall be recorded in the register's office in every county having lands within such merged or consolidated district. Acts 1955, ch. 112, § 20; T.C.A., § 70-1828; T.C.A. § 69-7-128.
Watershed districts may be merged or consolidated by the unanimous vote of the board of directors of such districts, concurred in by a majority of the voters of each district in an election conducted as provided in §§ 69-6-106 - 69-6-110. Such resolutions shall be recorded in the register's office in every county having lands within such merged or consolidated district.
Acts 1955, ch. 112, § 20; T.C.A., § 70-1828; T.C.A. § 69-7-128.
Tenn. Code Ann. § 69-2-103 — TN Code / Title 69 / Chapter 2 / Section 69-2-103
Rules and regulations
Status: in_force

The commissioner is authorized to perform any and all acts and to make such rules and regulations as may be appropriate for the purpose of carrying this chapter into full force and effect. Any violation of the rules and regulations made by the commissioner is a Class C misdemeanor. Acts 1935, ch. 36, § 3; C. Supp. 1950, § 3252.3 (Williams, §3260.3); T.C.A. (orig. ed.), § 70-203; Acts 1989, ch. 591, § 113.
The commissioner is authorized to perform any and all acts and to make such rules and regulations as may be appropriate for the purpose of carrying this chapter into full force and effect. Any violation of the rules and regulations made by the commissioner is a Class C misdemeanor.
Acts 1935, ch. 36, § 3; C. Supp. 1950, § 3252.3 (Williams, §3260.3); T.C.A. (orig. ed.), § 70-203; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 69-5-121 — TN Code / Title 69 / Chapter 5 / Section 69-5-121
Hearing postponed pending notice - Hearing without formal answers
Status: in_force

If, at the time set for the hearing, it appears to the court that any person entitled to notice as provided has not had such notice, the hearing shall be adjourned until such person can be given the required notice, and the court shall not lose jurisdiction of the subject matter or of the person already properly notified by such adjournment or postponement. The persons concerned may appear and be heard without formally answering such petition in writing. Acts 1909, ch. 185, §4; Shan., § 3871a30; Code 1932, § 4239; T.C.A. (orig. ed.), § 70-728; T.C.A. § 69-6-121 .
If, at the time set for the hearing, it appears to the court that any person entitled to notice as provided has not had such notice, the hearing shall be adjourned until such person can be given the required notice, and the court shall not lose jurisdiction of the subject matter or of the person already properly notified by such adjournment or postponement. The persons concerned may appear and be heard without formally answering such petition in writing.
Acts 1909, ch. 185, §4; Shan., § 3871a30; Code 1932, § 4239; T.C.A. (orig. ed.), § 70-728; T.C.A. § 69-6-121 .
Tenn. Code Ann. § 69-7-201 — TN Code / Title 69 / Chapter 7 / Section 69-7-201
Short title
Status: in_force

This part shall be known as the "Inter-basin Water Transfer Act." Acts 2000, ch. 854, §2; T.C.A. § 69-8-201.
This part shall be known as the "Inter-basin Water Transfer Act."
Acts 2000, ch. 854, §2; T.C.A. § 69-8-201.
Tenn. Code Ann. § 69-3-111 — TN Code / Title 69 / Chapter 3 / Section 69-3-111
Appeals
Status: in_force

An appeal may be taken from any final order or other final determination of the board by any party, with the exception of the department. An appeal from a final order or other final determination of the board is instituted by filing a petition for review in the chancery court of Davidson County, or in the chancery court of the county in which the violation of this chapter occurred. The alleged violator shall elect in which court to file the petition for review. Amended by 2013 Tenn. Acts, ch. 181, s 17, eff. 7/1/2013. Acts 1971, ch. 164, § 10; 1971, ch. 386, § 5; 1977, ch. 366, § 1; 1981, ch. 449, §2; T.C.A., § 70-333; Acts 1984, ch. 804, § 8; 1993, ch. 156, § 1.
An appeal may be taken from any final order or other final determination of the board by any party, with the exception of the department. An appeal from a final order or other final determination of the board is instituted by filing a petition for review in the chancery court of Davidson County, or in the chancery court of the county in which the violation of this chapter occurred. The alleged violator shall elect in which court to file the petition for review.
Amended by 2013 Tenn. Acts, ch. 181, s 17, eff. 7/1/2013.
Acts 1971, ch. 164, § 10; 1971, ch. 386, § 5; 1977, ch. 366, § 1; 1981, ch. 449, §2; T.C.A., § 70-333; Acts 1984, ch. 804, § 8; 1993, ch. 156, § 1.
Tenn. Code Ann. § 69-5-918 — TN Code / Title 69 / Chapter 5 / Section 69-5-918
Lien of maintenance or administration certificates
Status: in_force

The maintenance or administration certificates, or both, when issued as provided in this part, shall constitute the same lien on the lands in the district, upon which assessments remain unpaid, as the unpaid coupons and bonds, and may be enforced in the same manner as now provided by law for enforcement of the lien of the coupons or bonds, or both. Acts 1935, ch. 159, § 4; C. Supp. 1950, § 4292.8 (Williams, § 4244.4); T.C.A. (orig. ed.), § 70-1418; T.C.A. § 69-6-918.
The maintenance or administration certificates, or both, when issued as provided in this part, shall constitute the same lien on the lands in the district, upon which assessments remain unpaid, as the unpaid coupons and bonds, and may be enforced in the same manner as now provided by law for enforcement of the lien of the coupons or bonds, or both.
Acts 1935, ch. 159, § 4; C. Supp. 1950, § 4292.8 (Williams, § 4244.4); T.C.A. (orig. ed.), § 70-1418; T.C.A. § 69-6-918.
Tenn. Code Ann. § 69-9-401 — TN Code / Title 69 / Chapter 9 / Section 69-9-401
Display, use and illumination of divers-down flags
Status: in_force

(a) All divers shall prominently display a divers-down flag in the area in which they are diving when diving in an area other than one customarily used for swimming only. (b) Divers shall not display a divers-down flag any longer than thirty (30) minutes before and after the dive. (c) Divers shall surface within fifty feet (50') of the divers-down flag. (d) When diving after dusk, divers shall illuminate the divers-down flag to make it visible from at least three hundred feet (300'). (e) No one shall use a divers-down flag to stop, limit, or otherwise affect the flow of water traffic. (f) Violations of this section shall be punished as follows: (1) First offense, a fine of not less than twenty-five dollars ($25.00); (2) Second offense, a fine of not less than fifty dollars ($50.00); and (3) Third offense, a fine of not less than two hundred fifty dollars ($250) and up to six (6) months imprisonment. Acts 1984, ch. 732, §2; T.C.A. § 69-10-401.
(a) All divers shall prominently display a divers-down flag in the area in which they are diving when diving in an area other than one customarily used for swimming only.
(b) Divers shall not display a divers-down flag any longer than thirty (30) minutes before and after the dive.
(c) Divers shall surface within fifty feet (50') of the divers-down flag.
(d) When diving after dusk, divers shall illuminate the divers-down flag to make it visible from at least three hundred feet (300').
(e) No one shall use a divers-down flag to stop, limit, or otherwise affect the flow of water traffic.
(f) Violations of this section shall be punished as follows: (1) First offense, a fine of not less than twenty-five dollars ($25.00); (2) Second offense, a fine of not less than fifty dollars ($50.00); and (3) Third offense, a fine of not less than two hundred fifty dollars ($250) and up to six (6) months imprisonment.
(1) First offense, a fine of not less than twenty-five dollars ($25.00);
(2) Second offense, a fine of not less than fifty dollars ($50.00); and
(3) Third offense, a fine of not less than two hundred fifty dollars ($250) and up to six (6) months imprisonment.
Acts 1984, ch. 732, §2; T.C.A. § 69-10-401.
Tenn. Code Ann. § 69-5-720 — TN Code / Title 69 / Chapter 5 / Section 69-5-720
Appeal from action of directors to circuit court - Bonds
Status: in_force

Any landowner against whom such damages have been assessed, or who is aggrieved by the action of the board of directors, shall have the right to appeal from the action of the board of directors to the next term of the circuit court, upon giving bond in double the amount of the damages assessed, and a cost bond of two hundred fifty dollars ($250), and the case shall stand for trial in the circuit court, at the first term after the papers have been filed. Acts 1915, ch. 63, §6; Shan., § 3871a102; Code 1932, § 4330; T.C.A. (orig. ed.), § 70-1227; T.C.A. § 69-6-720.
Any landowner against whom such damages have been assessed, or who is aggrieved by the action of the board of directors, shall have the right to appeal from the action of the board of directors to the next term of the circuit court, upon giving bond in double the amount of the damages assessed, and a cost bond of two hundred fifty dollars ($250), and the case shall stand for trial in the circuit court, at the first term after the papers have been filed.
Acts 1915, ch. 63, §6; Shan., § 3871a102; Code 1932, § 4330; T.C.A. (orig. ed.), § 70-1227; T.C.A. § 69-6-720.
Tenn. Code Ann. § 69-3-139 — TN Code / Title 69 / Chapter 3 / Section 69-3-139
Stop work orders for coal surface mining operations
Status: in_force

(a) The commissioner is authorized to issue stop work orders for coal surface mining operations in accordance with subsections (b) and (c). (b) When certain coal surface mining activities have polluted waters of the state as a result of an operator's failure or refusal to comply with permit conditions, the commissioner may issue a stop work order to the operator. The stop work order shall specify those parts of the coal surface mining activities on site that are contributing to the pollution that must stop. The stop work order shall remain in effect until the department determines that the operator has installed or repaired all necessary measures to comply with the permit so that further pollution associated with the surface mining activities will not occur. (c) A written request for a hearing before the board of water quality, gas, and oil on the stop work order must be filed by the operator to the commissioner within thirty (30) days of receipt of notice. If the operator files that request and also makes a specific request for an informal meeting with the commissioner to show cause why the stop work order should not have been issued, then the commissioner or, at the commissioner's option, the deputy or assistant commissioner, shall meet with the operator within three (3) working days after the hearing request is filed. Any modification or revocation of the stop work order shall be in writing. If the commissioner or the commissioner's designee upholds the stop work order, it shall remain in effect until resolution of the appeal or until the operator comes into compliance. If no request for hearing is made within thirty (30) days of the receipt of notice, the stop work order becomes final and not subject to review. (d) Failure of an operator to comply with a stop work order issued pursuant to this section shall subject the operator to the penalties in § 69-3-115 . Amended by 2021 Tenn. Acts, ch. 548,s 1, eff. 5/26/2021. Acts 2006, ch. 594, § 1.
(a) The commissioner is authorized to issue stop work orders for coal surface mining operations in accordance with subsections (b) and (c).
(b) When certain coal surface mining activities have polluted waters of the state as a result of an operator's failure or refusal to comply with permit conditions, the commissioner may issue a stop work order to the operator. The stop work order shall specify those parts of the coal surface mining activities on site that are contributing to the pollution that must stop. The stop work order shall remain in effect until the department determines that the operator has installed or repaired all necessary measures to comply with the permit so that further pollution associated with the surface mining activities will not occur.
(c) A written request for a hearing before the board of water quality, gas, and oil on the stop work order must be filed by the operator to the commissioner within thirty (30) days of receipt of notice. If the operator files that request and also makes a specific request for an informal meeting with the commissioner to show cause why the stop work order should not have been issued, then the commissioner or, at the commissioner's option, the deputy or assistant commissioner, shall meet with the operator within three (3) working days after the hearing request is filed. Any modification or revocation of the stop work order shall be in writing. If the commissioner or the commissioner's designee upholds the stop work order, it shall remain in effect until resolution of the appeal or until the operator comes into compliance. If no request for hearing is made within thirty (30) days of the receipt of notice, the stop work order becomes final and not subject to review.
(d) Failure of an operator to comply with a stop work order issued pursuant to this section shall subject the operator to the penalties in § 69-3-115 .
Amended by 2021 Tenn. Acts, ch. 548,s 1, eff. 5/26/2021.
Acts 2006, ch. 594, § 1.
Tenn. Code Ann. § 69-3-301 — TN Code / Title 69 / Chapter 3 / Section 69-3-301
Director's and commissioner's orders and enforcement actions and outcomes
Status: in_force

All director's and commissioner's orders and all other enforcement actions and outcomes, shall be published weekly in their entirety in one (1) location on the department's website. Acts 2007, ch. 404, § 2.
All director's and commissioner's orders and all other enforcement actions and outcomes, shall be published weekly in their entirety in one (1) location on the department's website.
Acts 2007, ch. 404, § 2.
Tenn. Code Ann. § 69-11-112 — TN Code / Title 69 / Chapter 11 / Section 69-11-112
Imposition of additional conditions - Hazard categories
Status: in_force

(a) In granting a certificate of approval, the commissioner may impose such conditions relating to the inspection, operation, maintenance, alteration, repair, use, or control of a dam or reservoir as the commissioner determines are necessary for the protection of public health, safety or welfare. (b) The commissioner may establish hazard categories for dams based on downstream floodplain use, size or type of dam, or other criteria, and may impose different conditions or types of conditions on the approval of dams or reservoirs in the different categories. Acts 1973, ch. 182, § 5; T.C.A., § 70-2513; T.C.A. § 69-12-112.
(a) In granting a certificate of approval, the commissioner may impose such conditions relating to the inspection, operation, maintenance, alteration, repair, use, or control of a dam or reservoir as the commissioner determines are necessary for the protection of public health, safety or welfare.
(b) The commissioner may establish hazard categories for dams based on downstream floodplain use, size or type of dam, or other criteria, and may impose different conditions or types of conditions on the approval of dams or reservoirs in the different categories.
Acts 1973, ch. 182, § 5; T.C.A., § 70-2513; T.C.A. § 69-12-112.
Tenn. Code Ann. § 69-6-110 — TN Code / Title 69 / Chapter 6 / Section 69-6-110
Form of ballot - Qualifications of voters - Filing results
Status: in_force

(a) The vote at such election shall be by ballot, and such ballot shall comply with the usual requirements for an official ballot for public office insofar as such requirements are applicable. Upon such ballot shall be printed the following question: Shall the board of directors of the proposed ______________ Watershed District proceed with the creation of the district in accordance with the Watershed District Act of 1955? Yes [] No []. To vote for the proposal, the voter shall make a cross mark (x) in the square after the word "yes." To vote against the proposal, the voter shall make a cross mark (x) in the square after the word "no." (b) Any person who is qualified to vote in accordance with the definitions contained in this chapter shall be entitled to vote. (c) The ballots shall be counted by the judges and clerks holding the election before leaving the polling place, and the results of the election shall be certified by the judges and clerks to the secretary of state. Members of the board and any landowner in the proposed district shall be entitled to be present when the ballots are counted. (d) The ballots and a copy of the certificate shall be filed with the county clerk in every county where such an election is held. Acts 1955, ch. 112, § 6; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A., §70-1810; T.C.A. § 69-7-110.
(a) The vote at such election shall be by ballot, and such ballot shall comply with the usual requirements for an official ballot for public office insofar as such requirements are applicable. Upon such ballot shall be printed the following question: Shall the board of directors of the proposed ______________ Watershed District proceed with the creation of the district in accordance with the Watershed District Act of 1955? Yes [] No []. To vote for the proposal, the voter shall make a cross mark (x) in the square after the word "yes." To vote against the proposal, the voter shall make a cross mark (x) in the square after the word "no."
Shall the board of directors of the proposed ______________ Watershed District proceed with the creation of the district in accordance with the Watershed District Act of 1955?
Yes []
No [].
To vote for the proposal, the voter shall make a cross mark (x) in the square after the word "yes." To vote against the proposal, the voter shall make a cross mark (x) in the square after the word "no."
(b) Any person who is qualified to vote in accordance with the definitions contained in this chapter shall be entitled to vote.
(c) The ballots shall be counted by the judges and clerks holding the election before leaving the polling place, and the results of the election shall be certified by the judges and clerks to the secretary of state. Members of the board and any landowner in the proposed district shall be entitled to be present when the ballots are counted.
(d) The ballots and a copy of the certificate shall be filed with the county clerk in every county where such an election is held.
Acts 1955, ch. 112, § 6; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A., §70-1810; T.C.A. § 69-7-110.