Tenn. Code Ann. § 69-6-140 — TN Code / Title 69 / Chapter 6 / Section 69-6-140
Delinquent assessments
Status: in_force

In the event assessments become delinquent, §§ 69-5-817 - 69-5-829 shall be applied, and the same are incorporated in this section by reference as fully and completely as if copied. Acts 1955, ch. 112, § 26; T.C.A., § 70-1840; T.C.A. § 69-7-140.
In the event assessments become delinquent, §§ 69-5-817 - 69-5-829 shall be applied, and the same are incorporated in this section by reference as fully and completely as if copied.
Acts 1955, ch. 112, § 26; T.C.A., § 70-1840; T.C.A. § 69-7-140.
Tenn. Code Ann. § 69-9-211 — TN Code / Title 69 / Chapter 9 / Section 69-9-211
Regattas and other special aquatic events
Status: in_force

(a) The executive director may authorize the holding of regattas, motorboat or other boat races, marine parades, tournaments, exhibitions, or land-based events that are intended to be viewed from the water by vessel that impact navigation or the safety of vessels on any waters of this state. The commission shall adopt from time to time and amend regulations concerning the safety of motorboats and other vessels and persons on motorboats and vessels, either observers or participants. (b) Notwithstanding any other provision of law to the contrary, the executive director is authorized to establish temporary zones and restrictions in connection with the authorization of a specific special aquatic event as provided for in subsection (c). The executive director shall ensure that adequate public notice of the temporary zones and restrictions is given. (c) Whenever a regatta, motorboat or other boat race, marine parade, tournament, exhibition, or land-based event intended to be viewed from the water by vessel that impacts navigation or vessel safety is proposed to be held, the person in charge of the event, at least thirty (30) days prior to the event, shall file an application with the executive director for permission to hold such regatta, motorboat or other boat race, marine parade, tournament, exhibition, or land-based event intended to be viewed from the water by vessel that impacts navigation or vessel safety. The application shall set forth the date, time and location where it is proposed to hold such regatta, motorboat or other boat race, marine parade, tournament, exhibition, or land-based event intended to be viewed from the water by vessel that impacts navigation or vessel safety, and it shall not be conducted without authorization of the executive director in writing. For good cause shown, the executive director may waive the thirty (30) day requirement. Acts 1965, ch. 334, § 15; 1975, ch. 184, §§ 15, 16; T.C.A., §70-2215; Acts 1995, ch. 26, §§ 1-3; T.C.A. §69-10-211; Acts 2007 , ch. 185, §§ 8, 9.
(a) The executive director may authorize the holding of regattas, motorboat or other boat races, marine parades, tournaments, exhibitions, or land-based events that are intended to be viewed from the water by vessel that impact navigation or the safety of vessels on any waters of this state. The commission shall adopt from time to time and amend regulations concerning the safety of motorboats and other vessels and persons on motorboats and vessels, either observers or participants.
(b) Notwithstanding any other provision of law to the contrary, the executive director is authorized to establish temporary zones and restrictions in connection with the authorization of a specific special aquatic event as provided for in subsection (c). The executive director shall ensure that adequate public notice of the temporary zones and restrictions is given.
(c) Whenever a regatta, motorboat or other boat race, marine parade, tournament, exhibition, or land-based event intended to be viewed from the water by vessel that impacts navigation or vessel safety is proposed to be held, the person in charge of the event, at least thirty (30) days prior to the event, shall file an application with the executive director for permission to hold such regatta, motorboat or other boat race, marine parade, tournament, exhibition, or land-based event intended to be viewed from the water by vessel that impacts navigation or vessel safety. The application shall set forth the date, time and location where it is proposed to hold such regatta, motorboat or other boat race, marine parade, tournament, exhibition, or land-based event intended to be viewed from the water by vessel that impacts navigation or vessel safety, and it shall not be conducted without authorization of the executive director in writing. For good cause shown, the executive director may waive the thirty (30) day requirement.
Acts 1965, ch. 334, § 15; 1975, ch. 184, §§ 15, 16; T.C.A., §70-2215; Acts 1995, ch. 26, §§ 1-3; T.C.A. §69-10-211; Acts 2007 , ch. 185, §§ 8, 9.
Tenn. Code Ann. § 69-5-209 — TN Code / Title 69 / Chapter 5 / Section 69-5-209
Power of condemnation - Extent of appropriation
Status: in_force

In establishing any such district, all necessary lands may be appropriated as provided in this chapter, and a right-of-way as much as two hundred feet (200') wide may be so appropriated, if deemed necessary, for the situs and location of any ditch or drain, or for the location of a new route or channel for any natural watercourse for the whole way or parts of the way of its course. The natural bed of any watercourse in such district may, insofar as it may be utilized and necessary, be so appropriated to the end that such bed or channel may be cleaned out, deepened, or widened; but the provision in this section as to the width of such right-of-way shall not prevent the county court from ordering appropriated such other lands as may be deemed necessary for the purposes of such improvement district under this chapter. Acts 1909, ch. 185, §9; Shan., § 3871a50; Code 1932, § 4267; T.C.A. (orig. ed.), § 70-809; T.C.A. § 69-6-209.
In establishing any such district, all necessary lands may be appropriated as provided in this chapter, and a right-of-way as much as two hundred feet (200') wide may be so appropriated, if deemed necessary, for the situs and location of any ditch or drain, or for the location of a new route or channel for any natural watercourse for the whole way or parts of the way of its course. The natural bed of any watercourse in such district may, insofar as it may be utilized and necessary, be so appropriated to the end that such bed or channel may be cleaned out, deepened, or widened; but the provision in this section as to the width of such right-of-way shall not prevent the county court from ordering appropriated such other lands as may be deemed necessary for the purposes of such improvement district under this chapter.
Acts 1909, ch. 185, §9; Shan., § 3871a50; Code 1932, § 4267; T.C.A. (orig. ed.), § 70-809; T.C.A. § 69-6-209.
Tenn. Code Ann. § 69-6-106 — TN Code / Title 69 / Chapter 6 / Section 69-6-106
Determination of sufficiency - Notice to acting chair
Status: in_force

The Tennessee soil and water conservation commission shall determine the sufficiency or insufficiency of the petition and the exhibits to the petition, including the certification by the county clerk, or county assessor of property, required in § 69-6-103 . If the petition and the attached exhibits meet the requirements of this chapter, the Tennessee soil and water conservation commission shall issue notice that the petition has been found sufficient in form to the acting chair of the board as set forth in the petition. Amended by 2021 Tenn. Acts, ch. 203, s 23, eff. 4/22/2021. Acts 1955, ch. 112, § 6; T.C.A., § 70-1806; impl. am. Acts 1984, ch. 687, § 3; T.C.A. § 69-7-106.
The Tennessee soil and water conservation commission shall determine the sufficiency or insufficiency of the petition and the exhibits to the petition, including the certification by the county clerk, or county assessor of property, required in § 69-6-103 . If the petition and the attached exhibits meet the requirements of this chapter, the Tennessee soil and water conservation commission shall issue notice that the petition has been found sufficient in form to the acting chair of the board as set forth in the petition.
Amended by 2021 Tenn. Acts, ch. 203, s 23, eff. 4/22/2021.
Acts 1955, ch. 112, § 6; T.C.A., § 70-1806; impl. am. Acts 1984, ch. 687, § 3; T.C.A. § 69-7-106.
Tenn. Code Ann. § 69-5-813 — TN Code / Title 69 / Chapter 5 / Section 69-5-813
Drainage assessment book - Due date of assessments
Status: in_force

The assessments provided to be collected for the purposes provided in this part shall be entered upon a book to be provided by the county clerk, at the expense of the county, for this purpose, in a similar manner to that in which taxes are entered upon the tax books, such books showing the tracts of lands, amounts of assessments, and such book, when so made out, shall be furnished to the county trustee for collection of assessments so levied. Such book shall be called the "drainage assessment book," and shall be made out by the county clerk of the county in which the particular assessment is levied, and the book may be made out but once, if practicable, for the entire assessment for the particular improvement project; but if not practicable, then a new drainage assessment book may be made out for a shorter period, or for each year, and furnished the county trustee. The assessments levied under this part shall become due and payable and delinquent at the same time state and county taxes become due and delinquent, and such assessments shall bear interest at the legal rate after they become delinquent. Acts 1909, ch. 185, § 32; Shan., § 3871a122; Code 1932, §4351; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 70-1317; T.C.A. § 69-6-813.
The assessments provided to be collected for the purposes provided in this part shall be entered upon a book to be provided by the county clerk, at the expense of the county, for this purpose, in a similar manner to that in which taxes are entered upon the tax books, such books showing the tracts of lands, amounts of assessments, and such book, when so made out, shall be furnished to the county trustee for collection of assessments so levied. Such book shall be called the "drainage assessment book," and shall be made out by the county clerk of the county in which the particular assessment is levied, and the book may be made out but once, if practicable, for the entire assessment for the particular improvement project; but if not practicable, then a new drainage assessment book may be made out for a shorter period, or for each year, and furnished the county trustee. The assessments levied under this part shall become due and payable and delinquent at the same time state and county taxes become due and delinquent, and such assessments shall bear interest at the legal rate after they become delinquent.
Acts 1909, ch. 185, § 32; Shan., § 3871a122; Code 1932, §4351; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 70-1317; T.C.A. § 69-6-813.
Tenn. Code Ann. § 69-9-501 — TN Code / Title 69 / Chapter 9 / Section 69-9-501
"Personal watercraft" defined
Status: in_force

As used in this part, "personal watercraft" means a mechanically propelled vessel that is designed to be operated by a person sitting, standing or kneeling on the vessel rather than being operated in a conventional manner by a person sitting, standing, or kneeling inside the vessel. It includes, but is not limited to, Jet Skis, Waverunners, Sea-Doos, Wetjets, Aquajets, Polaris, Tigersharks, and similar craft. Acts 1996, ch. 808, §1; T.C.A. § 69-10-501.
As used in this part, "personal watercraft" means a mechanically propelled vessel that is designed to be operated by a person sitting, standing or kneeling on the vessel rather than being operated in a conventional manner by a person sitting, standing, or kneeling inside the vessel. It includes, but is not limited to, Jet Skis, Waverunners, Sea-Doos, Wetjets, Aquajets, Polaris, Tigersharks, and similar craft.
Acts 1996, ch. 808, §1; T.C.A. § 69-10-501.
Tenn. Code Ann. § 69-5-127 — TN Code / Title 69 / Chapter 5 / Section 69-5-127
Special assessment - Collection
Status: in_force

When the assessment has been made, the court shall fix the dates within which it shall be collected, and 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. The county clerk will make the assessment list or book substantially in the form used for state and county tax books, and when so made shall certify it 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 shall pay the amount collected on the assessment 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 collecting and paying over the funds, two percent (2%) of the amount collected and paid over. Acts 1923, ch. 55, § 1; Shan. Supp., § 3871a30b5; Code 1932, §4244; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 70-734; T.C.A. § 69-6-127 .
When the assessment has been made, the court shall fix the dates within which it shall be collected, and 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. The county clerk will make the assessment list or book substantially in the form used for state and county tax books, and when so made shall certify it 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 shall pay the amount collected on the assessment 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 collecting and paying over the funds, two percent (2%) of the amount collected and paid over.
Acts 1923, ch. 55, § 1; Shan. Supp., § 3871a30b5; Code 1932, §4244; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 70-734; T.C.A. § 69-6-127 .
Tenn. Code Ann. § 69-5-724 — TN Code / Title 69 / Chapter 5 / Section 69-5-724
Unlawful to injure ditches, canals, or other improvements
Status: in_force

(a) It is unlawful for any person, or corporation, in any way, to injure, damage, or obstruct the rights-of-way, ditches, canals, or other improvements of any drainage district, levee district, and drainage and levee district in the state. (b) Any person or corporation that violates subsection (a) commits a Class C misdemeanor. Acts 1915, ch. 84, §§ 1, 2; Shan., §§ 3871a157, 3871a158; Code 1932, §§ 4392, 4393; T.C.A. (orig. ed.), §§ 70-1231, 70-1232; Acts 1989, ch. 591, § 113; T.C.A. § 69-6-724.
(a) It is unlawful for any person, or corporation, in any way, to injure, damage, or obstruct the rights-of-way, ditches, canals, or other improvements of any drainage district, levee district, and drainage and levee district in the state.
(b) Any person or corporation that violates subsection (a) commits a Class C misdemeanor.
Acts 1915, ch. 84, §§ 1, 2; Shan., §§ 3871a157, 3871a158; Code 1932, §§ 4392, 4393; T.C.A. (orig. ed.), §§ 70-1231, 70-1232; Acts 1989, ch. 591, § 113; T.C.A. § 69-6-724.
Tenn. Code Ann. § 69-5-117 — TN Code / Title 69 / Chapter 5 / Section 69-5-117
Drains and ditches crossing railroad property
Status: in_force

When such ditch or drain crosses any railroad track or right-of-way, it shall be located at the place of the natural waterway across the right-of-way, unless the railroad company has provided another place in the construction of its roadbed for flow of the water, or unless another place for so crossing its right-of-way is agreed upon by the railroad company; and if located at the place provided by or agreed upon by the railroad company, such company shall be estopped from afterwards objecting to such location on the ground that it is not the place of the natural waterway. Acts 1909, ch. 185, §3; Shan., § 3871a23; Code 1932, § 4242; T.C.A. (orig. ed.), § 70-721; T.C.A. § 69-6-117 .
When such ditch or drain crosses any railroad track or right-of-way, it shall be located at the place of the natural waterway across the right-of-way, unless the railroad company has provided another place in the construction of its roadbed for flow of the water, or unless another place for so crossing its right-of-way is agreed upon by the railroad company; and if located at the place provided by or agreed upon by the railroad company, such company shall be estopped from afterwards objecting to such location on the ground that it is not the place of the natural waterway.
Acts 1909, ch. 185, §3; Shan., § 3871a23; Code 1932, § 4242; T.C.A. (orig. ed.), § 70-721; T.C.A. § 69-6-117 .
Tenn. Code Ann. § 69-6-136 — TN Code / Title 69 / Chapter 6 / Section 69-6-136
Appeal
Status: in_force

Any person aggrieved may appeal from the decision or the decree of the court in making or levying the assessment or refusing to make or levy the assessment. The appeal is made in the same manner as the appeal of any other case in such court or as provided in chapter 5 of this title. Acts 1955, ch. 112, § 23; T.C.A., § 70-1836; T.C.A. § 69-7-136.
Any person aggrieved may appeal from the decision or the decree of the court in making or levying the assessment or refusing to make or levy the assessment. The appeal is made in the same manner as the appeal of any other case in such court or as provided in chapter 5 of this title.
Acts 1955, ch. 112, § 23; T.C.A., § 70-1836; T.C.A. § 69-7-136.
Tenn. Code Ann. § 69-5-1108 — TN Code / Title 69 / Chapter 5 / Section 69-5-1108
Proceeds of bond sale
Status: in_force

The proceeds of the bonds, when sold, shall be deposited with one (1) or more of the trustees as directors of such district shall direct, but so the same, or any part thereof, that may be placed in the hands of a county trustee other than the trustee of the county where the proceeding is pending, may be transferred to the trustee of the county where the proceeding is pending, if deemed best, to the end that the entire fund may be paid out by the trustee on proper warrants drawn. The county mayor of the county where the proceeding is pending shall draw all warrants upon, or against the funds, or proceeds of bonds to meet lawful demands of the district, as now provided by law, and draw warrants to transfer the funds as provided in this section. But any of the trustees before receiving any of the proceeds of such bonds shall give bond to account for them as the law now provides. Acts 1915, ch. 61, §6; Shan., § 3871a168; Code 1932, §4404; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), §70-1513; Acts 2003 , ch. 90, § 2; T.C.A. § 69-6-1108.
The proceeds of the bonds, when sold, shall be deposited with one (1) or more of the trustees as directors of such district shall direct, but so the same, or any part thereof, that may be placed in the hands of a county trustee other than the trustee of the county where the proceeding is pending, may be transferred to the trustee of the county where the proceeding is pending, if deemed best, to the end that the entire fund may be paid out by the trustee on proper warrants drawn. The county mayor of the county where the proceeding is pending shall draw all warrants upon, or against the funds, or proceeds of bonds to meet lawful demands of the district, as now provided by law, and draw warrants to transfer the funds as provided in this section. But any of the trustees before receiving any of the proceeds of such bonds shall give bond to account for them as the law now provides.
Acts 1915, ch. 61, §6; Shan., § 3871a168; Code 1932, §4404; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), §70-1513; Acts 2003 , ch. 90, § 2; T.C.A. § 69-6-1108.
Tenn. Code Ann. § 69-5-309 — TN Code / Title 69 / Chapter 5 / Section 69-5-309
Objections to apportionment and assessments - Hearings
Status: in_force

When the day set for hearing has arrived, and the hearing is not continued by the court for good reason, as it may be, the county court shall proceed to hear and determine all objections made and filed to the report, and may increase, diminish, annul, or affirm the apportionment and assessments made in such report, or any parts of the report, as may appear to the court to be just and equitable; but in no case shall it be competent to show that the lands assessed would not be benefited by the improvement. The county court shall assess such apportionment so fixed by it upon the lands within such levee or drainage district. Acts 1909, ch. 185, § 11; Shan., § 3871a59; Code 1932, § 4287; T.C.A. (orig. ed.), § 70-909; T.C.A. § 69-6-309.
When the day set for hearing has arrived, and the hearing is not continued by the court for good reason, as it may be, the county court shall proceed to hear and determine all objections made and filed to the report, and may increase, diminish, annul, or affirm the apportionment and assessments made in such report, or any parts of the report, as may appear to the court to be just and equitable; but in no case shall it be competent to show that the lands assessed would not be benefited by the improvement. The county court shall assess such apportionment so fixed by it upon the lands within such levee or drainage district.
Acts 1909, ch. 185, § 11; Shan., § 3871a59; Code 1932, § 4287; T.C.A. (orig. ed.), § 70-909; T.C.A. § 69-6-309.
Tenn. Code Ann. § 69-3-114 — TN Code / Title 69 / Chapter 3 / Section 69-3-114
Causing pollution or refusing to furnish information
Status: in_force

(a) It is unlawful for any person to discharge any substance into the waters of the state or to place or cause any substance to be placed in any location where such substances, either by themselves or in combination with others, cause any of the damages as defined in § 69-3-103 , unless such discharge shall be due to an unavoidable accident or unless such action has been properly authorized. Any such action is declared to be a public nuisance. (b) In addition, it is unlawful for any person to act in a manner or degree that is violative of any provision of this part or of any rule, regulation, or standard of water quality promulgated by the board or of any permits or orders issued pursuant to this part; or to fail or refuse to file an application for a permit as required in § 69-3-108 ; or to refuse to furnish, or to falsify any records, information, plans, specifications, or other data required by the board or the commissioner under this part. (c) The plea of financial inability to prevent, abate, or control pollution shall not be a valid defense under this part. Acts 1971, ch. 164, § 13; 1972, ch. 631, § 2; 1977, ch. 366, § 1; T.C.A., § 70-336.
(a) It is unlawful for any person to discharge any substance into the waters of the state or to place or cause any substance to be placed in any location where such substances, either by themselves or in combination with others, cause any of the damages as defined in § 69-3-103 , unless such discharge shall be due to an unavoidable accident or unless such action has been properly authorized. Any such action is declared to be a public nuisance.
(b) In addition, it is unlawful for any person to act in a manner or degree that is violative of any provision of this part or of any rule, regulation, or standard of water quality promulgated by the board or of any permits or orders issued pursuant to this part; or to fail or refuse to file an application for a permit as required in § 69-3-108 ; or to refuse to furnish, or to falsify any records, information, plans, specifications, or other data required by the board or the commissioner under this part.
(c) The plea of financial inability to prevent, abate, or control pollution shall not be a valid defense under this part.
Acts 1971, ch. 164, § 13; 1972, ch. 631, § 2; 1977, ch. 366, § 1; T.C.A., § 70-336.
Tenn. Code Ann. § 69-6-122 — TN Code / Title 69 / Chapter 6 / Section 69-6-122
Board of directors of district
Status: in_force

(a) All powers granted to watershed districts incorporated under this chapter shall be exercised by a board of directors, which shall be composed of not less than five (5) nor more than nine (9) members. (b) Representation on the board shall be fairly spread among the counties included within the boundaries of the district. Each county with more than fifteen (15) landowners owning land within the boundaries of the district shall be entitled to at least one (1) director. (c) The exact number of directors shall be specified in the petition filed with the Tennessee soil and water conservation commission for the creation of the district. (d) (1) Membership on the board may be staggered in the manner as set forth in such petition. Each director shall serve for a period of six (6) years and until such director's successor is duly elected and qualified. (2) (A) The bylaws of the board of directors shall establish the manner in which the directors shall be appointed or reappointed following such initial six-year term. The bylaws, at a minimum, shall: (i) Provide for representation on the board to be fairly spread among the counties included within the boundaries of the district; and (ii) Designate which county or municipal officials shall be the appointing authorities. (B) A public hearing shall be held on the proposed bylaws or any amendments to the bylaws. Prior to the public hearing, publication shall be made for two (2) consecutive weeks in a newspaper of general circulation published in each county within the boundaries of the district as to the date, time and purpose of the hearing. (C) The bylaws, and any amendments to the bylaws, shall be filed with the county clerk of each county within the boundaries of the watershed district. (e) Directors shall serve without compensation, but shall be allowed actual and necessary expenses incurred in the performance of their actual duties. (f) Vacancies shall be filled by the remaining members, or by petition of five percent (5%) of the landowners. The county legislative body or chancery court may fill such vacancies if the remaining members fail to act within ninety (90) days after such vacancy occurs. Amended by 2021 Tenn. Acts, ch. 203, s 32, eff. 4/22/2021. Acts 1955, ch. 112, § 15; T.C.A., § 70-1822; impl. am. Acts 1984, ch. 687, §3; Acts 1997 , ch. 103, § 1; T.C.A. § 69-7-122.
(a) All powers granted to watershed districts incorporated under this chapter shall be exercised by a board of directors, which shall be composed of not less than five (5) nor more than nine (9) members.
(b) Representation on the board shall be fairly spread among the counties included within the boundaries of the district. Each county with more than fifteen (15) landowners owning land within the boundaries of the district shall be entitled to at least one (1) director.
(c) The exact number of directors shall be specified in the petition filed with the Tennessee soil and water conservation commission for the creation of the district.
(d) (1) Membership on the board may be staggered in the manner as set forth in such petition. Each director shall serve for a period of six (6) years and until such director's successor is duly elected and qualified. (2) (A) The bylaws of the board of directors shall establish the manner in which the directors shall be appointed or reappointed following such initial six-year term. The bylaws, at a minimum, shall: (i) Provide for representation on the board to be fairly spread among the counties included within the boundaries of the district; and (ii) Designate which county or municipal officials shall be the appointing authorities. (B) A public hearing shall be held on the proposed bylaws or any amendments to the bylaws. Prior to the public hearing, publication shall be made for two (2) consecutive weeks in a newspaper of general circulation published in each county within the boundaries of the district as to the date, time and purpose of the hearing. (C) The bylaws, and any amendments to the bylaws, shall be filed with the county clerk of each county within the boundaries of the watershed district.
(1) Membership on the board may be staggered in the manner as set forth in such petition. Each director shall serve for a period of six (6) years and until such director's successor is duly elected and qualified.
(2) (A) The bylaws of the board of directors shall establish the manner in which the directors shall be appointed or reappointed following such initial six-year term. The bylaws, at a minimum, shall: (i) Provide for representation on the board to be fairly spread among the counties included within the boundaries of the district; and (ii) Designate which county or municipal officials shall be the appointing authorities. (B) A public hearing shall be held on the proposed bylaws or any amendments to the bylaws. Prior to the public hearing, publication shall be made for two (2) consecutive weeks in a newspaper of general circulation published in each county within the boundaries of the district as to the date, time and purpose of the hearing. (C) The bylaws, and any amendments to the bylaws, shall be filed with the county clerk of each county within the boundaries of the watershed district.
(A) The bylaws of the board of directors shall establish the manner in which the directors shall be appointed or reappointed following such initial six-year term. The bylaws, at a minimum, shall: (i) Provide for representation on the board to be fairly spread among the counties included within the boundaries of the district; and (ii) Designate which county or municipal officials shall be the appointing authorities.
(i) Provide for representation on the board to be fairly spread among the counties included within the boundaries of the district; and
(ii) Designate which county or municipal officials shall be the appointing authorities.
(B) A public hearing shall be held on the proposed bylaws or any amendments to the bylaws. Prior to the public hearing, publication shall be made for two (2) consecutive weeks in a newspaper of general circulation published in each county within the boundaries of the district as to the date, time and purpose of the hearing.
(C) The bylaws, and any amendments to the bylaws, shall be filed with the county clerk of each county within the boundaries of the watershed district.
(e) Directors shall serve without compensation, but shall be allowed actual and necessary expenses incurred in the performance of their actual duties.
(f) Vacancies shall be filled by the remaining members, or by petition of five percent (5%) of the landowners. The county legislative body or chancery court may fill such vacancies if the remaining members fail to act within ninety (90) days after such vacancy occurs.
Amended by 2021 Tenn. Acts, ch. 203, s 32, eff. 4/22/2021.
Acts 1955, ch. 112, § 15; T.C.A., § 70-1822; impl. am. Acts 1984, ch. 687, §3; Acts 1997 , ch. 103, § 1; T.C.A. § 69-7-122.
Tenn. Code Ann. § 69-5-722 — TN Code / Title 69 / Chapter 5 / Section 69-5-722
Collection of assessments - Separate fund
Status: in_force

The assessment shall be collected by the county trustee as county taxes are collected, except as provided in this section, and the funds so collected shall be kept as a separate fund, and shall be paid out only for purposes properly connected with such improvement on the order or warrant of the county mayor; provided, that such assessments may be collected in chancery, as provided in part 8 of this chapter, and no personal property of the owner of land so assessed shall be liable or distrained for such assessment, but the land so assessed only shall be liable for such assessment. Acts 1909, ch. 185, § 24; Shan., § 3871a104; Code 1932, § 4332; T.C.A. (orig. ed.), §70-1229; Acts 2003 , ch. 90, § 2; T.C.A. § 69-6-722.
The assessment shall be collected by the county trustee as county taxes are collected, except as provided in this section, and the funds so collected shall be kept as a separate fund, and shall be paid out only for purposes properly connected with such improvement on the order or warrant of the county mayor; provided, that such assessments may be collected in chancery, as provided in part 8 of this chapter, and no personal property of the owner of land so assessed shall be liable or distrained for such assessment, but the land so assessed only shall be liable for such assessment.
Acts 1909, ch. 185, § 24; Shan., § 3871a104; Code 1932, § 4332; T.C.A. (orig. ed.), §70-1229; Acts 2003 , ch. 90, § 2; T.C.A. § 69-6-722.
Tenn. Code Ann. § 69-5-112 — TN Code / Title 69 / Chapter 5 / Section 69-5-112
Assessment constitutes lien
Status: in_force

The assessment so made shall be a lien upon the respective tracts of land upon which it is assessed; and this lien shall be enforced in the same manner as provided for the enforcement of liens in §§ 69-5-819 - 69-5-823. Acts 1915, ch. 63, §1; Shan., § 3871a15; Code 1932, § 4224; T.C.A. (orig. ed.), § 70-712; T.C.A. § 69-6-112 .
The assessment so made shall be a lien upon the respective tracts of land upon which it is assessed; and this lien shall be enforced in the same manner as provided for the enforcement of liens in §§ 69-5-819 - 69-5-823.
Acts 1915, ch. 63, §1; Shan., § 3871a15; Code 1932, § 4224; T.C.A. (orig. ed.), § 70-712; T.C.A. § 69-6-112 .
Tenn. Code Ann. § 69-9-305 — TN Code / Title 69 / Chapter 9 / Section 69-9-305
Regattas and boat races excepted
Status: in_force

This part shall not apply to vessels competing in a regatta or boat race approved as provided in § 69-9-211 , and for such vessels while on trial runs, during a period not to exceed forty-eight (48) hours immediately preceding such regatta or race and for such vessels while competing in official trials for speed records during a period not to exceed forty-eight (48) hours immediately following such race or regatta. Acts 1977, ch. 77, § 1; 1977, ch. 132, § 4; T.C.A., § 70-2245; T.C.A. § 69-10-305.
This part shall not apply to vessels competing in a regatta or boat race approved as provided in § 69-9-211 , and for such vessels while on trial runs, during a period not to exceed forty-eight (48) hours immediately preceding such regatta or race and for such vessels while competing in official trials for speed records during a period not to exceed forty-eight (48) hours immediately following such race or regatta.
Acts 1977, ch. 77, § 1; 1977, ch. 132, § 4; T.C.A., § 70-2245; T.C.A. § 69-10-305.
Tenn. Code Ann. § 69-10-111 — TN Code / Title 69 / Chapter 10 / Section 69-10-111
Notice of intent to drill
Status: in_force

No water well or geothermal well shall be drilled unless the well owner or the well driller, on behalf of the well owner, has previously notified the commissioner of the intent to drill a well in the manner prescribed by the commissioner. The notice of intent to drill shall include, at a minimum, the name and address of the owner and the location of the well. The fee for the notification shall be submitted by the well owner or the well driller in accordance with the requirements of the rules but no later than the report of well driller pursuant to § 69-10-103 . Acts 2002, ch. 800, § 19; T.C.A. § 69-11-111 .
No water well or geothermal well shall be drilled unless the well owner or the well driller, on behalf of the well owner, has previously notified the commissioner of the intent to drill a well in the manner prescribed by the commissioner. The notice of intent to drill shall include, at a minimum, the name and address of the owner and the location of the well. The fee for the notification shall be submitted by the well owner or the well driller in accordance with the requirements of the rules but no later than the report of well driller pursuant to § 69-10-103 .
Acts 2002, ch. 800, § 19; T.C.A. § 69-11-111 .
Tenn. Code Ann. § 69-5-1002 — TN Code / Title 69 / Chapter 5 / Section 69-5-1002
Proceedings after reports of viewers - Assessment of lands
Status: in_force

(a) When the viewers have so reported, each of the county courts shall proceed as provided in other cases in parts 1 and 2 of this chapter until the point is reached to appoint commissioners to make assessments and apportion them as to the lands affected, when the county court of the county in which the larger or largest percent of the land lies to be assessed or affected, shall appoint two (2) of the commissioners, one (1) of these appointees to be a competent engineer, and the other county court, or courts, shall appoint one (1) of the commissioners each, the commissioners so appointed to have the same qualifications as provided in part 3 of this chapter. (b) When so appointed, the commissioners shall, as soon as practicable, meet at some convenient place to be designated by the county clerk of the county, the court of which has appointed two (2) of the commissioners, one (1) being an engineer, and shall then proceed to assess the lands in such district, and apportion the assessments in the same manner as provided in part 3 of this chapter where such district lies wholly in one (1) county, and shall report in like manner, and shall file a copy of their report with the clerk of each county having lands within such improvement district. (c) When such commissioners have so reported, each of such county courts shall proceed as to the reports and in levying assessments, as provided by part 3 of this chapter, in cases of districts lying in one (1) county only. Acts 1909, ch. 185, § 30; Shan., § 3871a117; Code 1932, §4346; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 70-1502; T.C.A. § 69-6-1002.
(a) When the viewers have so reported, each of the county courts shall proceed as provided in other cases in parts 1 and 2 of this chapter until the point is reached to appoint commissioners to make assessments and apportion them as to the lands affected, when the county court of the county in which the larger or largest percent of the land lies to be assessed or affected, shall appoint two (2) of the commissioners, one (1) of these appointees to be a competent engineer, and the other county court, or courts, shall appoint one (1) of the commissioners each, the commissioners so appointed to have the same qualifications as provided in part 3 of this chapter.
(b) When so appointed, the commissioners shall, as soon as practicable, meet at some convenient place to be designated by the county clerk of the county, the court of which has appointed two (2) of the commissioners, one (1) being an engineer, and shall then proceed to assess the lands in such district, and apportion the assessments in the same manner as provided in part 3 of this chapter where such district lies wholly in one (1) county, and shall report in like manner, and shall file a copy of their report with the clerk of each county having lands within such improvement district.
(c) When such commissioners have so reported, each of such county courts shall proceed as to the reports and in levying assessments, as provided by part 3 of this chapter, in cases of districts lying in one (1) county only.
Acts 1909, ch. 185, § 30; Shan., § 3871a117; Code 1932, §4346; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 70-1502; T.C.A. § 69-6-1002.
Tenn. Code Ann. § 69-3-148 — TN Code / Title 69 / Chapter 3 / Section 69-3-148
Municipal separate storm sewer systems becoming qualified local programs
Status: in_force

(a) The department may establish a program under which municipal separate storm sewer systems may become qualified local programs allowing for the streamlining of permits for construction activity as provided in this section. (b) The department may review and approve applications from municipal separate storm sewer systems to become qualified local programs. The requirements for being a qualified local program shall be those required by federal regulation together with a system acceptable to the department for sharing information as to the construction sites authorized by the qualified local program. (c) The department may incorporate by reference the requirements of a qualified local program for construction activity in its general permit. (d) An operator of a construction site located within the jurisdiction of a qualified local program under subsection (b) who has obtained a notice of coverage from such program shall be authorized under the department's general permit for storm water associated with construction activity for that site and shall not have to submit any of the following to the department: (1) Notice of intent to seek coverage under a storm water construction permit; (2) Storm water pollution prevention plan; (3) Storm water construction permit fee; or (4) Notice of termination. Acts 2012, ch. 1019, § 2.
(a) The department may establish a program under which municipal separate storm sewer systems may become qualified local programs allowing for the streamlining of permits for construction activity as provided in this section.
(b) The department may review and approve applications from municipal separate storm sewer systems to become qualified local programs. The requirements for being a qualified local program shall be those required by federal regulation together with a system acceptable to the department for sharing information as to the construction sites authorized by the qualified local program.
(c) The department may incorporate by reference the requirements of a qualified local program for construction activity in its general permit.
(d) An operator of a construction site located within the jurisdiction of a qualified local program under subsection (b) who has obtained a notice of coverage from such program shall be authorized under the department's general permit for storm water associated with construction activity for that site and shall not have to submit any of the following to the department: (1) Notice of intent to seek coverage under a storm water construction permit; (2) Storm water pollution prevention plan; (3) Storm water construction permit fee; or (4) Notice of termination.
(1) Notice of intent to seek coverage under a storm water construction permit;
(2) Storm water pollution prevention plan;
(3) Storm water construction permit fee; or
(4) Notice of termination.
Acts 2012, ch. 1019, § 2.
Tenn. Code Ann. § 69-5-1004 — TN Code / Title 69 / Chapter 5 / Section 69-5-1004
Removal of viewers, commissioners, and directors
Status: in_force

The county courts have the same right to remove the viewers, commissioners, and directors appointed by such court, and to appoint others in their stead, and to fill vacancies that the county courts have where such improvement district lies wholly in one (1) county. Acts 1909, ch. 185, § 31; Shan., § 3871a119; Code 1932, § 4348; T.C.A. (orig. ed.), § 70-1504; T.C.A. § 69-6-1004.
The county courts have the same right to remove the viewers, commissioners, and directors appointed by such court, and to appoint others in their stead, and to fill vacancies that the county courts have where such improvement district lies wholly in one (1) county.
Acts 1909, ch. 185, § 31; Shan., § 3871a119; Code 1932, § 4348; T.C.A. (orig. ed.), § 70-1504; T.C.A. § 69-6-1004.
Tenn. Code Ann. § 69-5-701 — TN Code / Title 69 / Chapter 5 / Section 69-5-701
Contracts for improvements
Status: in_force

No contracts for improvements to be done in a drainage or levee district shall be made until after the commissioners have made their inspection, classification, and apportionment as directed in §§ 69-5-301 - 69-5-312, nor until the question of classification and apportionment and assessment of benefits has been determined and settled by the court; but after the commissioners and the court have so acted, then such contracts may be made by the board of directors of the district. Acts 1909, ch. 185, § 19; Shan., § 3871a82; Code 1932, § 4310; T.C.A. (orig. ed.), § 70-1207; T.C.A. § 69-6-701.
No contracts for improvements to be done in a drainage or levee district shall be made until after the commissioners have made their inspection, classification, and apportionment as directed in §§ 69-5-301 - 69-5-312, nor until the question of classification and apportionment and assessment of benefits has been determined and settled by the court; but after the commissioners and the court have so acted, then such contracts may be made by the board of directors of the district.
Acts 1909, ch. 185, § 19; Shan., § 3871a82; Code 1932, § 4310; T.C.A. (orig. ed.), § 70-1207; T.C.A. § 69-6-701.
Tenn. Code Ann. § 69-5-1102 — TN Code / Title 69 / Chapter 5 / Section 69-5-1102
Petition for formation
Status: in_force

When a proposed improvement, drainage district, or drainage and levee district will require its location in more than one (1) county, the application by petition may in the alternative be made to the county court of any one (1) of the counties in which such district will be in part located, if established, such petition to be signed by persons residing in, and owning lands in, any one (1) or more of the counties. The court in which such petition is filed shall have full jurisdiction in the premises for the purpose of creating and establishing such drainage or drainage and levee district. It is not necessary to file such petition in the county court of any other county in which some of the lands lie that are to be included in the proposed district. Acts 1915, ch. 61, §1; Shan., § 3871a162; mod. Code 1932, § 4398; T.C.A. (orig. ed.), § 70-1507; T.C.A. § 69-6-1102.
When a proposed improvement, drainage district, or drainage and levee district will require its location in more than one (1) county, the application by petition may in the alternative be made to the county court of any one (1) of the counties in which such district will be in part located, if established, such petition to be signed by persons residing in, and owning lands in, any one (1) or more of the counties. The court in which such petition is filed shall have full jurisdiction in the premises for the purpose of creating and establishing such drainage or drainage and levee district. It is not necessary to file such petition in the county court of any other county in which some of the lands lie that are to be included in the proposed district.
Acts 1915, ch. 61, §1; Shan., § 3871a162; mod. Code 1932, § 4398; T.C.A. (orig. ed.), § 70-1507; T.C.A. § 69-6-1102.
Tenn. Code Ann. § 69-5-1109 — TN Code / Title 69 / Chapter 5 / Section 69-5-1109
Map of district
Status: in_force

The engineer of the district shall show in the engineer's report upon the map of the district the location of the line or lines between counties, and show clearly what tracts of land within such district lie in each of the counties of the district. Acts 1915, ch. 61, §8; Shan., § 3871a170; mod. Code 1932, § 4406; T.C.A. (orig. ed.), § 70-1514; T.C.A. § 69-6-1109.
The engineer of the district shall show in the engineer's report upon the map of the district the location of the line or lines between counties, and show clearly what tracts of land within such district lie in each of the counties of the district.
Acts 1915, ch. 61, §8; Shan., § 3871a170; mod. Code 1932, § 4406; T.C.A. (orig. ed.), § 70-1514; T.C.A. § 69-6-1109.
Tenn. Code Ann. § 69-5-820 — TN Code / Title 69 / Chapter 5 / Section 69-5-820
Suits in chancery for collection of assessments - Exceptions
Status: in_force

When assessments have been due and delinquent for sixty (60) days, bills may be filed in the chancery court or circuit court of the county, in which the lands lie, upon which such assessments are due and delinquent, for the collection thereof out of such lands by a sale thereof in all cases, except in cases where the assessment is made against a railroad company or a public highway, as provided in § 69-5-313 . Acts 1909, ch. 185, § 33; Shan., § 3871a124; Code 1932, § 4355; Acts 1965, ch. 144, § 1; T.C.A. (orig. ed.), § 70-1324; T.C.A. § 69-6-820.
When assessments have been due and delinquent for sixty (60) days, bills may be filed in the chancery court or circuit court of the county, in which the lands lie, upon which such assessments are due and delinquent, for the collection thereof out of such lands by a sale thereof in all cases, except in cases where the assessment is made against a railroad company or a public highway, as provided in § 69-5-313 .
Acts 1909, ch. 185, § 33; Shan., § 3871a124; Code 1932, § 4355; Acts 1965, ch. 144, § 1; T.C.A. (orig. ed.), § 70-1324; T.C.A. § 69-6-820.
Tenn. Code Ann. § 69-5-114 — TN Code / Title 69 / Chapter 5 / Section 69-5-114
Proceedings for preliminary expense fund not to delay other proceedings - Application of acreage provision
Status: in_force

This proceeding to create a fund for the payment of the cost and expenses shall not interfere with or delay the other proceedings, and the matter, in all other respects, may be proceeded with as provided in this part, and by law; provided, that the above percent acreage provision of § 69-5-107 shall only apply to and be limited to a proceeding under §§ 69-5-107 - 69-5-115(a). Acts 1915, ch. 63, §1; Shan., § 3871a17; Code 1932, § 4226; T.C.A. (orig. ed.), § 70-714; T.C.A. § 69-6-114 .
This proceeding to create a fund for the payment of the cost and expenses shall not interfere with or delay the other proceedings, and the matter, in all other respects, may be proceeded with as provided in this part, and by law; provided, that the above percent acreage provision of § 69-5-107 shall only apply to and be limited to a proceeding under §§ 69-5-107 - 69-5-115(a).
Acts 1915, ch. 63, §1; Shan., § 3871a17; Code 1932, § 4226; T.C.A. (orig. ed.), § 70-714; T.C.A. § 69-6-114 .
Tenn. Code Ann. § 69-7-302 — TN Code / Title 69 / Chapter 7 / Section 69-7-302
Legislative intent - System of registration
Status: in_force

The general assembly recognizes that in other states the withdrawal of ground water has caused the lowering of the ground water table and that there is potential for ground water or surface water withdrawals to impact water uses in Tennessee. Therefore, it is necessary and prudent to institute a system of registration so that adequate information is obtained to document current demand for water and to project growth in that demand as applicable to this part. Acts 2002, ch. 800, §3; T.C.A. § 69-8-302.
The general assembly recognizes that in other states the withdrawal of ground water has caused the lowering of the ground water table and that there is potential for ground water or surface water withdrawals to impact water uses in Tennessee. Therefore, it is necessary and prudent to institute a system of registration so that adequate information is obtained to document current demand for water and to project growth in that demand as applicable to this part.
Acts 2002, ch. 800, §3; T.C.A. § 69-8-302.
Tenn. Code Ann. § 69-5-310 — TN Code / Title 69 / Chapter 5 / Section 69-5-310
Additional assessments
Status: in_force

If the first assessment made by the court for the original cost of any improvement as provided is insufficient, the court may make an additional assessment in the same ratio as the first. Acts 1909, ch. 185, § 11; Shan., § 3871a60; Code 1932, § 4288; T.C.A. (orig. ed.), § 70-910; T.C.A. § 69-6-310.
If the first assessment made by the court for the original cost of any improvement as provided is insufficient, the court may make an additional assessment in the same ratio as the first.
Acts 1909, ch. 185, § 11; Shan., § 3871a60; Code 1932, § 4288; T.C.A. (orig. ed.), § 70-910; T.C.A. § 69-6-310.
Tenn. Code Ann. § 69-3-142 — TN Code / Title 69 / Chapter 3 / Section 69-3-142
Annual reports by commissioner
Status: in_force

(a) The commissioner shall submit by January 31 of each year to the chair of the energy, agriculture and natural resources committee of the senate and the chair of the agriculture and natural resources committee of the house of representatives the following information: (1) The number of enforcement orders, including directors' orders and commissioner's orders, issued pursuant to § 69-3-109(a)(1) and (2) during the prior year, listed by the county in which the violation occurred; (2) The number of orders that become final pursuant to § 69-3-109(a)(3) during the prior year, including the average civil penalties and damages assessed by the department from these orders; (3) The number of final orders and consent orders by the board that become final pursuant to § 69-3-110(c) , including the average civil penalties and damages assessed by the department from these decisions during the prior year; and (4) The number of complaints filed in any chancery court of this state appealing a decision by the board, pursuant to § 69-3-111 , and any judicial proceedings initiated by the commissioner and the attorney general and reporter, pursuant to § 69-3-117 , during the prior year. (b) The commissioner shall submit by January 31 of each year to the chair of the energy, agriculture and natural resources committee of the senate and the chair of the agriculture and natural resources committee of the house of representatives the following information: (1) The number of individual permit applications made during the prior year, listed by county in which the activity sought to be permitted was to occur; (2) The average length of time, in days, between date of individual permit application and the date permit applications are deemed complete by the department during the prior year; and (3) The average length of time, in days, between date of individual permit application and the date the department grants or denies the permit application during the prior year. (c) For purposes of this section, "permit application" and "permit applications" shall be defined to include applications for individual permits issued pursuant to § 69-3-108 . (d) The commissioner shall submit by January 31 of each year to the chair of the energy, agriculture and natural resources committee of the senate and the chair of the agriculture and natural resources committee of the house of representatives a brief report on the status of the implementation of a secure web portal for the submittal of online permit applications. This service for electronic submittal of permit applications will comply with the federal guidelines contained in 40 CFR Ch. I, Subch. A, Part 3, Cross-Media Electronic Reporting Rule (CROMERR). This reporting requirement will terminate after a secure online permit application submittal system is implemented. Amended by 2013 Tenn. Acts, ch. 236, s 10, eff. 4/19/2013. Acts 2008 , ch. 1014, §1; 2012 , ch. 604, § 19.
(a) The commissioner shall submit by January 31 of each year to the chair of the energy, agriculture and natural resources committee of the senate and the chair of the agriculture and natural resources committee of the house of representatives the following information: (1) The number of enforcement orders, including directors' orders and commissioner's orders, issued pursuant to § 69-3-109(a)(1) and (2) during the prior year, listed by the county in which the violation occurred; (2) The number of orders that become final pursuant to § 69-3-109(a)(3) during the prior year, including the average civil penalties and damages assessed by the department from these orders; (3) The number of final orders and consent orders by the board that become final pursuant to § 69-3-110(c) , including the average civil penalties and damages assessed by the department from these decisions during the prior year; and (4) The number of complaints filed in any chancery court of this state appealing a decision by the board, pursuant to § 69-3-111 , and any judicial proceedings initiated by the commissioner and the attorney general and reporter, pursuant to § 69-3-117 , during the prior year.
(1) The number of enforcement orders, including directors' orders and commissioner's orders, issued pursuant to § 69-3-109(a)(1) and (2) during the prior year, listed by the county in which the violation occurred;
(2) The number of orders that become final pursuant to § 69-3-109(a)(3) during the prior year, including the average civil penalties and damages assessed by the department from these orders;
(3) The number of final orders and consent orders by the board that become final pursuant to § 69-3-110(c) , including the average civil penalties and damages assessed by the department from these decisions during the prior year; and
(4) The number of complaints filed in any chancery court of this state appealing a decision by the board, pursuant to § 69-3-111 , and any judicial proceedings initiated by the commissioner and the attorney general and reporter, pursuant to § 69-3-117 , during the prior year.
(b) The commissioner shall submit by January 31 of each year to the chair of the energy, agriculture and natural resources committee of the senate and the chair of the agriculture and natural resources committee of the house of representatives the following information: (1) The number of individual permit applications made during the prior year, listed by county in which the activity sought to be permitted was to occur; (2) The average length of time, in days, between date of individual permit application and the date permit applications are deemed complete by the department during the prior year; and (3) The average length of time, in days, between date of individual permit application and the date the department grants or denies the permit application during the prior year.
(1) The number of individual permit applications made during the prior year, listed by county in which the activity sought to be permitted was to occur;
(2) The average length of time, in days, between date of individual permit application and the date permit applications are deemed complete by the department during the prior year; and
(3) The average length of time, in days, between date of individual permit application and the date the department grants or denies the permit application during the prior year.
(c) For purposes of this section, "permit application" and "permit applications" shall be defined to include applications for individual permits issued pursuant to § 69-3-108 .
(d) The commissioner shall submit by January 31 of each year to the chair of the energy, agriculture and natural resources committee of the senate and the chair of the agriculture and natural resources committee of the house of representatives a brief report on the status of the implementation of a secure web portal for the submittal of online permit applications. This service for electronic submittal of permit applications will comply with the federal guidelines contained in 40 CFR Ch. I, Subch. A, Part 3, Cross-Media Electronic Reporting Rule (CROMERR). This reporting requirement will terminate after a secure online permit application submittal system is implemented.
Amended by 2013 Tenn. Acts, ch. 236, s 10, eff. 4/19/2013.
Acts 2008 , ch. 1014, §1; 2012 , ch. 604, § 19.
Tenn. Code Ann. § 69-3-107 — TN Code / Title 69 / Chapter 3 / Section 69-3-107
Duties and authority of the commissioner
Status: in_force

In addition to any power, duty, or responsibility given to the commissioner under this part, the commissioner has the power, duty, and responsibility to: (1) Exercise general supervision and control over the quality of all state waters, administer and enforce all laws relating to pollution of such waters, and administer and enforce this part, and all standards, policies, rules, and regulations promulgated under this part; (2) Administer oaths, issue subpoenas, and compel the attendance of witnesses and production of necessary data for all purposes of this part; (3) Bring suit in the name of the department for any violation of this part, seeking any remedy provided in this part, and any other statutory or common law remedy available for the control, prevention, and abatement of pollution; (4) Proceed against, as provided in this part, any owner or operator of any boat, located or operated on the waters of the state, that discharges or causes to be discharged any sewage, other wastes, or other substances into such waters in violation of this part or any rules or regulations promulgated under this part; (5) Make inspections and investigations, carry on research, or take such other action as may be necessary to carry out this part; (6) Enter or authorize the commissioner's agents to enter at all reasonable times upon any property other than dwelling places for the purpose of conducting investigations and studies or enforcing any of this part; (7) Advise, consult, cooperate, contract, and make other binding agreements with the various agencies of the federal government and with state and local administrative and governmental agencies, colleges and universities, or with any other persons; (A) In furtherance of this part, the commissioner may require any state or local agency to investigate and report on any matters involved in water quality control; provided, that the burden, including costs, of such reports shall bear a reasonable relationship to the need for the reports and the benefits to be obtained from the reports; and (B) The department has the authority, subject to approval by the governor, to enter into agreements with other states and the United States relative to prevention and control of pollution in interstate waters. This authority is not deemed to extend to the modification of any agreement with the state concluded by direct legislative act, but unless otherwise expressly provided, the department shall be the agency for the administration and enforcement of any such legislative agreement; (8) Apply for, accept, administer, and utilize loans and grants from the federal government, state government, and from any other sources, public or private, for prevention, abatement, and control of pollution of the waters of the state. The department is the water quality control agency for the state for the purpose of any federal water pollution control act; (9) Prepare, publish, and issue such printed pamphlets and bulletins as the department deems necessary for the dissemination of information to the public concerning its activities; (10) Require the submission of such plans, specifications, technical reports, and other information as deemed necessary to carry out this part or to carry out the rules and regulations adopted pursuant to this part; (11) Be the administrative agent for the board and panel to carry out this part; (12) Make an annual report to the governor and the general assembly on the status of water quality, including a description of the plan, regulations in effect, and other pertinent information, together with any recommendations the commissioner may care to make; (13) Delegate to the director of the division with responsibility for water quality control any of the powers, duties, and responsibilities of the commissioner under this part, except the commissioner's powers, duties and responsibility as chair of the board; (14) Issue permits and variances pursuant to § 69-3-108 ; (15) Inspect waters of the state where good cause is shown that the public health is threatened by pollutants in the waters, and, upon verification by the commissioner, post or cause to be posted such signs as required to give notice to the public of the potential or actual dangers of specific uses of such waters or restrictions of uses of such waters; (16) Assess civil penalties in accordance with § 69-3-115 ; (17) Apply this part against any person who discharges into a publicly owned treatment works who is causing a violation of this part, or who is in violation of applicable pretreatment standards; (18) Impose such restrictions, including an immediate cessation of connections and line extensions, upon the expansion of any sewerage or wastewater system as are necessary to mitigate or prevent violations of this part; (19) Prepare a written report on stream bank erosion in Tennessee to be delivered to each member of the general assembly by January 15, 2000. Such report shall contain the following: (A) An examination of the causes of stream bank erosion; (B) The effectiveness of existing and new methods of bank protection; (C) An assessment of stream bank erosion in Tennessee; and (D) Any other matter the commissioner deems relevant to stream bank erosion that may be of concern to the general assembly; (20) Conduct, or cause to be conducted, demonstration projects, to the extent of available funds, of methods of bank stabilization and debris removal in streams in western Middle Tennessee to be done as soon as is practicable and a report shall be made to the general assembly after the performance of the chosen techniques has been observed through at least a full year; (21) Conduct, or cause to be conducted, a study or project comparing different techniques for stream bank stabilization and debris removal in streams in western Middle Tennessee to be done as soon as possible, either in conjunction with the project mentioned in subdivision (20), or separately; (22) Develop a program of public education regarding simple, practical and affordable techniques for cleaning debris from streams and for stabilizing stream banks, including field examples of activities permissible without permits and activities that may be accomplished if permits are obtained; (23) Produce a video by not later than January 1, 1999, that shows the above examples, explains the requirements of the law and rules for these activities, including the process of applying for a permit, and tells who to call for further assistance, which shall be distributed at no cost to public libraries and agricultural extension services; (24) Perform a thorough and ongoing study of, and prepare recommendations regarding options for, the protection of watersheds and the control of sources of pollution, in order to assure the future quality of potable drinking water supplies throughout the state. The department is authorized to use information and studies from state, federal, and local governments and other sources of reliable scientific data. Initial findings and recommendations shall be presented to the governor and the general assembly no later than February 1, 2007, and annually thereafter; and (25) Develop and submit to the board for comment proposed guidance that provides: (A) Instructions, examples and definitions based upon scientifically based principles for consistently and accurately making hydrologic determinations; and (B) Minimum qualifications for staff who are responsible for making or reviewing wet weather conveyance determinations. Acts 1971, ch. 164, § 6; 1977, ch. 366, § 1; 1979, ch. 422, § 19; 1982, ch. 917, §1; T.C.A., § 70-329; Acts 1984, ch. 804, § 5; 1988, ch. 688, §§ 5, 9; 1998, ch. 659, §§ 1, 2; 2006, ch. 513, §1; 2009 , ch. 464, § 4.
In addition to any power, duty, or responsibility given to the commissioner under this part, the commissioner has the power, duty, and responsibility to:
(1) Exercise general supervision and control over the quality of all state waters, administer and enforce all laws relating to pollution of such waters, and administer and enforce this part, and all standards, policies, rules, and regulations promulgated under this part;
(2) Administer oaths, issue subpoenas, and compel the attendance of witnesses and production of necessary data for all purposes of this part;
(3) Bring suit in the name of the department for any violation of this part, seeking any remedy provided in this part, and any other statutory or common law remedy available for the control, prevention, and abatement of pollution;
(4) Proceed against, as provided in this part, any owner or operator of any boat, located or operated on the waters of the state, that discharges or causes to be discharged any sewage, other wastes, or other substances into such waters in violation of this part or any rules or regulations promulgated under this part;
(5) Make inspections and investigations, carry on research, or take such other action as may be necessary to carry out this part;
(6) Enter or authorize the commissioner's agents to enter at all reasonable times upon any property other than dwelling places for the purpose of conducting investigations and studies or enforcing any of this part;
(7) Advise, consult, cooperate, contract, and make other binding agreements with the various agencies of the federal government and with state and local administrative and governmental agencies, colleges and universities, or with any other persons; (A) In furtherance of this part, the commissioner may require any state or local agency to investigate and report on any matters involved in water quality control; provided, that the burden, including costs, of such reports shall bear a reasonable relationship to the need for the reports and the benefits to be obtained from the reports; and (B) The department has the authority, subject to approval by the governor, to enter into agreements with other states and the United States relative to prevention and control of pollution in interstate waters. This authority is not deemed to extend to the modification of any agreement with the state concluded by direct legislative act, but unless otherwise expressly provided, the department shall be the agency for the administration and enforcement of any such legislative agreement;
(A) In furtherance of this part, the commissioner may require any state or local agency to investigate and report on any matters involved in water quality control; provided, that the burden, including costs, of such reports shall bear a reasonable relationship to the need for the reports and the benefits to be obtained from the reports; and
(B) The department has the authority, subject to approval by the governor, to enter into agreements with other states and the United States relative to prevention and control of pollution in interstate waters. This authority is not deemed to extend to the modification of any agreement with the state concluded by direct legislative act, but unless otherwise expressly provided, the department shall be the agency for the administration and enforcement of any such legislative agreement;
(8) Apply for, accept, administer, and utilize loans and grants from the federal government, state government, and from any other sources, public or private, for prevention, abatement, and control of pollution of the waters of the state. The department is the water quality control agency for the state for the purpose of any federal water pollution control act;
(9) Prepare, publish, and issue such printed pamphlets and bulletins as the department deems necessary for the dissemination of information to the public concerning its activities;
(10) Require the submission of such plans, specifications, technical reports, and other information as deemed necessary to carry out this part or to carry out the rules and regulations adopted pursuant to this part;
(11) Be the administrative agent for the board and panel to carry out this part;
(12) Make an annual report to the governor and the general assembly on the status of water quality, including a description of the plan, regulations in effect, and other pertinent information, together with any recommendations the commissioner may care to make;
(13) Delegate to the director of the division with responsibility for water quality control any of the powers, duties, and responsibilities of the commissioner under this part, except the commissioner's powers, duties and responsibility as chair of the board;
(14) Issue permits and variances pursuant to § 69-3-108 ;
(15) Inspect waters of the state where good cause is shown that the public health is threatened by pollutants in the waters, and, upon verification by the commissioner, post or cause to be posted such signs as required to give notice to the public of the potential or actual dangers of specific uses of such waters or restrictions of uses of such waters;
(16) Assess civil penalties in accordance with § 69-3-115 ;
(17) Apply this part against any person who discharges into a publicly owned treatment works who is causing a violation of this part, or who is in violation of applicable pretreatment standards;
(18) Impose such restrictions, including an immediate cessation of connections and line extensions, upon the expansion of any sewerage or wastewater system as are necessary to mitigate or prevent violations of this part;
(19) Prepare a written report on stream bank erosion in Tennessee to be delivered to each member of the general assembly by January 15, 2000. Such report shall contain the following: (A) An examination of the causes of stream bank erosion; (B) The effectiveness of existing and new methods of bank protection; (C) An assessment of stream bank erosion in Tennessee; and (D) Any other matter the commissioner deems relevant to stream bank erosion that may be of concern to the general assembly;
(A) An examination of the causes of stream bank erosion;
(B) The effectiveness of existing and new methods of bank protection;
(C) An assessment of stream bank erosion in Tennessee; and
(D) Any other matter the commissioner deems relevant to stream bank erosion that may be of concern to the general assembly;
(20) Conduct, or cause to be conducted, demonstration projects, to the extent of available funds, of methods of bank stabilization and debris removal in streams in western Middle Tennessee to be done as soon as is practicable and a report shall be made to the general assembly after the performance of the chosen techniques has been observed through at least a full year;
(21) Conduct, or cause to be conducted, a study or project comparing different techniques for stream bank stabilization and debris removal in streams in western Middle Tennessee to be done as soon as possible, either in conjunction with the project mentioned in subdivision (20), or separately;
(22) Develop a program of public education regarding simple, practical and affordable techniques for cleaning debris from streams and for stabilizing stream banks, including field examples of activities permissible without permits and activities that may be accomplished if permits are obtained;
(23) Produce a video by not later than January 1, 1999, that shows the above examples, explains the requirements of the law and rules for these activities, including the process of applying for a permit, and tells who to call for further assistance, which shall be distributed at no cost to public libraries and agricultural extension services;
(24) Perform a thorough and ongoing study of, and prepare recommendations regarding options for, the protection of watersheds and the control of sources of pollution, in order to assure the future quality of potable drinking water supplies throughout the state. The department is authorized to use information and studies from state, federal, and local governments and other sources of reliable scientific data. Initial findings and recommendations shall be presented to the governor and the general assembly no later than February 1, 2007, and annually thereafter; and
(25) Develop and submit to the board for comment proposed guidance that provides: (A) Instructions, examples and definitions based upon scientifically based principles for consistently and accurately making hydrologic determinations; and (B) Minimum qualifications for staff who are responsible for making or reviewing wet weather conveyance determinations.
(A) Instructions, examples and definitions based upon scientifically based principles for consistently and accurately making hydrologic determinations; and
(B) Minimum qualifications for staff who are responsible for making or reviewing wet weather conveyance determinations.
Acts 1971, ch. 164, § 6; 1977, ch. 366, § 1; 1979, ch. 422, § 19; 1982, ch. 917, §1; T.C.A., § 70-329; Acts 1984, ch. 804, § 5; 1988, ch. 688, §§ 5, 9; 1998, ch. 659, §§ 1, 2; 2006, ch. 513, §1; 2009 , ch. 464, § 4.
Tenn. Code Ann. § 69-9-208 — TN Code / Title 69 / Chapter 9 / Section 69-9-208
Who may issue certificates - Disposition of fees
Status: in_force

(a) The agency will issue certificates of number directly or may authorize any official in the state, who is presently authorized to issue automobile license plates, to issue certificates of number. In conformity with this chapter and any rules and regulations that may be validly issued by the commission, the agency may assign to each issuing officer a block of numbers and certificates, for which upon issue, the issuing officer shall be allowed a fee of twenty-five cents (25¢) for each certificate issued by the issuing officer, which fee shall be retained by the issuing officer, except that, in counties where the issuing officer is on salary basis, the fee shall be paid into the county treasury. (b) All registration moneys, except the twenty-five cent (25¢) fee allowed as mentioned in subsection (a), shall be remitted monthly to the commission not later than ten (10) days after the first of each month. (c) Any unexpended sums in excess of costs of administration and enforcement that are available out of the moneys derived under this chapter shall be expended and used by the commission for the purposes of water safety education and improvement of noncommercial boating facilities in this state, and the acquisition and development of lands for boating purposes. Acts 1965, ch. 334, § 8; 1975, ch. 87, § 3; 1975, ch. 184, §§ 11, 12; T.C.A., § 70-2208; T.C.A. § 69-10-208.
(a) The agency will issue certificates of number directly or may authorize any official in the state, who is presently authorized to issue automobile license plates, to issue certificates of number. In conformity with this chapter and any rules and regulations that may be validly issued by the commission, the agency may assign to each issuing officer a block of numbers and certificates, for which upon issue, the issuing officer shall be allowed a fee of twenty-five cents (25¢) for each certificate issued by the issuing officer, which fee shall be retained by the issuing officer, except that, in counties where the issuing officer is on salary basis, the fee shall be paid into the county treasury.
(b) All registration moneys, except the twenty-five cent (25¢) fee allowed as mentioned in subsection (a), shall be remitted monthly to the commission not later than ten (10) days after the first of each month.
(c) Any unexpended sums in excess of costs of administration and enforcement that are available out of the moneys derived under this chapter shall be expended and used by the commission for the purposes of water safety education and improvement of noncommercial boating facilities in this state, and the acquisition and development of lands for boating purposes.
Acts 1965, ch. 334, § 8; 1975, ch. 87, § 3; 1975, ch. 184, §§ 11, 12; T.C.A., § 70-2208; T.C.A. § 69-10-208.
Tenn. Code Ann. § 69-5-137 — TN Code / Title 69 / Chapter 5 / Section 69-5-137
Survey after district established - Estimate of costs - Report of engineer - Replacement of engineer
Status: in_force

After the district is established by the county court, and all damages paid or secured as provided in part 2 of this chapter, if the county court is of opinion that the report of the engineer already made is not sufficiently full or definite to enable the proper letting of contracts for the construction of the improvement, or, for other reasons, is not as full and definite as it should be, the court shall direct the engineer, or another appointed by the court for the purpose, to make a further and more complete survey and estimates of such district and cost of proposed improvements, and report to the court as to the same, giving all necessary and required information, how much of the improvement will be upon each tract of land, as nearly as practicable, giving definite estimates as to cost and character of work, and dividing the work into convenient sections for making contracts, and giving such other particulars as the court may see fit to direct. The report of such engineer shall be made and filed with the county clerk without unreasonable delay. If such engineer fails to act with reasonable promptness, the court may remove the engineer and appoint another in the engineer's stead. Acts 1909, ch. 185, § 10; Shan., § 3871a51; Code 1932, § 4268; T.C.A. (orig. ed.), § 70-744; T.C.A. § 69-6-137 .
After the district is established by the county court, and all damages paid or secured as provided in part 2 of this chapter, if the county court is of opinion that the report of the engineer already made is not sufficiently full or definite to enable the proper letting of contracts for the construction of the improvement, or, for other reasons, is not as full and definite as it should be, the court shall direct the engineer, or another appointed by the court for the purpose, to make a further and more complete survey and estimates of such district and cost of proposed improvements, and report to the court as to the same, giving all necessary and required information, how much of the improvement will be upon each tract of land, as nearly as practicable, giving definite estimates as to cost and character of work, and dividing the work into convenient sections for making contracts, and giving such other particulars as the court may see fit to direct. The report of such engineer shall be made and filed with the county clerk without unreasonable delay. If such engineer fails to act with reasonable promptness, the court may remove the engineer and appoint another in the engineer's stead.
Acts 1909, ch. 185, § 10; Shan., § 3871a51; Code 1932, § 4268; T.C.A. (orig. ed.), § 70-744; T.C.A. § 69-6-137 .
Tenn. Code Ann. § 69-11-111 — TN Code / Title 69 / Chapter 11 / Section 69-11-111
Conditions for granting certificate
Status: in_force

In deciding whether or not to grant a certificate of approval, the commissioner shall take into account all pertinent facts, data, and conditions relative to the proposed action, but shall not grant any certificate unless the following conditions have been met: (1) The commissioner determines that the proposed action will be conducted in such a way that the safety of the public is adequately provided for; (2) All information requested by the commissioner relative to the proposed action has been provided; and (3) All fees required by this chapter have been paid. Acts 1973, ch. 182, § 5; T.C.A., § 70-2512; T.C.A. § 69-12-111.
In deciding whether or not to grant a certificate of approval, the commissioner shall take into account all pertinent facts, data, and conditions relative to the proposed action, but shall not grant any certificate unless the following conditions have been met:
(1) The commissioner determines that the proposed action will be conducted in such a way that the safety of the public is adequately provided for;
(2) All information requested by the commissioner relative to the proposed action has been provided; and
(3) All fees required by this chapter have been paid.
Acts 1973, ch. 182, § 5; T.C.A., § 70-2512; T.C.A. § 69-12-111.
Tenn. Code Ann. § 69-7-308 — TN Code / Title 69 / Chapter 7 / Section 69-7-308
Regional water planning - Models - Report
Status: in_force

The commissioner and the board shall encourage and support regional water planning whenever possible. In the future, if there is a specific appropriation of state or federal funds for regional water supply planning, the board may require regional water supply planning and may provide incentives to encourage such regional planning, using the rulemaking authority under this part for so long as such specific appropriation is in effect. Among other criteria, state agencies are authorized to consider regional planning and regionalization efforts when awarding grants, making loans or funding projects. Acts 2002, ch. 800, §9; T.C.A. § 69-8-308.
The commissioner and the board shall encourage and support regional water planning whenever possible. In the future, if there is a specific appropriation of state or federal funds for regional water supply planning, the board may require regional water supply planning and may provide incentives to encourage such regional planning, using the rulemaking authority under this part for so long as such specific appropriation is in effect. Among other criteria, state agencies are authorized to consider regional planning and regionalization efforts when awarding grants, making loans or funding projects.
Acts 2002, ch. 800, §9; T.C.A. § 69-8-308.
Tenn. Code Ann. § 69-9-212 — TN Code / Title 69 / Chapter 9 / Section 69-9-212
Regulation of motorboats carrying passengers for hire - Exception
Status: in_force

(a) The commission is hereby authorized to establish rules, regulations and procedures for the inspection and approval of motorboats carrying passengers for hire and for the licensing of the operators of such vessels, but this part shall not apply to any vessel that holds a valid certificate of inspection issued by the United States coast guard, or any federal agency successor to the coast guard. (b) Any person holding a valid motorboat operator's license issued by the United States coast guard or any federal agency successor to the coast guard shall be exempt from the licensing requirements of this part. Acts 1965, ch. 334, § 17; T.C.A., § 70-2217; T.C.A. § 69-10-212.
(a) The commission is hereby authorized to establish rules, regulations and procedures for the inspection and approval of motorboats carrying passengers for hire and for the licensing of the operators of such vessels, but this part shall not apply to any vessel that holds a valid certificate of inspection issued by the United States coast guard, or any federal agency successor to the coast guard.
(b) Any person holding a valid motorboat operator's license issued by the United States coast guard or any federal agency successor to the coast guard shall be exempt from the licensing requirements of this part.
Acts 1965, ch. 334, § 17; T.C.A., § 70-2217; T.C.A. § 69-10-212.
Tenn. Code Ann. § 69-5-921 — TN Code / Title 69 / Chapter 5 / Section 69-5-921
Petition for issuance of refunding bonds
Status: in_force

The county legislative body has the authority to issue refunding bonds as provided for in this part, upon the filing with the county legislative body of a petition duly authorized and signed by the board of directors of the district whose outstanding bonds are desired to be refunded. The petition, among other appropriate recitals, shall set forth a description of the outstanding bonds proposed to be refunded, the reason for such refunding, whether or not the holders of the outstanding bonds have consented to the refunding of the bonds, the amount of refunding bonds proposed to be issued, including the proposed date or dates when such refunding bonds are to mature. The petition shall request the county legislative body, upon the giving of the notice and upon the holding of the hearing provided for in § 69-5-924 , to direct the issuance of such refunding bonds and to provide for the levy of taxes for the payment of the refunding bonds and the interest on the refunding bonds. Acts 1935, ch. 51, § 2; 1935, ch. 78, § 1; C. Supp. 1950, §4341.2; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 70-1421; T.C.A. § 69-6-921.
The county legislative body has the authority to issue refunding bonds as provided for in this part, upon the filing with the county legislative body of a petition duly authorized and signed by the board of directors of the district whose outstanding bonds are desired to be refunded. The petition, among other appropriate recitals, shall set forth a description of the outstanding bonds proposed to be refunded, the reason for such refunding, whether or not the holders of the outstanding bonds have consented to the refunding of the bonds, the amount of refunding bonds proposed to be issued, including the proposed date or dates when such refunding bonds are to mature. The petition shall request the county legislative body, upon the giving of the notice and upon the holding of the hearing provided for in § 69-5-924 , to direct the issuance of such refunding bonds and to provide for the levy of taxes for the payment of the refunding bonds and the interest on the refunding bonds.
Acts 1935, ch. 51, § 2; 1935, ch. 78, § 1; C. Supp. 1950, §4341.2; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 70-1421; T.C.A. § 69-6-921.
Tenn. Code Ann. § 69-6-126 — TN Code / Title 69 / Chapter 6 / Section 69-6-126
Contribution by county, city or town - Tax levy
Status: in_force

The county legislative body of any county, any part of which is located within a watershed district, or the governing body of any city or town within, adjacent to or in the proximity of a watershed district, has the right to contribute, out of the general fund of such county or city, such amount as such legislative body sees fit, to be used in the preliminary expenses of the district, or in the maintenance of the district, or for capital improvements or projects of the district. County legislative bodies and governing bodies of cities or towns are empowered to levy and collect ad valorem taxes for the purpose of contributing to a watershed district, which are hereby declared to be for municipal and county public purposes. Acts 1955, ch. 112, § 18; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., §70-1826; T.C.A. § 69-7-126.
The county legislative body of any county, any part of which is located within a watershed district, or the governing body of any city or town within, adjacent to or in the proximity of a watershed district, has the right to contribute, out of the general fund of such county or city, such amount as such legislative body sees fit, to be used in the preliminary expenses of the district, or in the maintenance of the district, or for capital improvements or projects of the district. County legislative bodies and governing bodies of cities or towns are empowered to levy and collect ad valorem taxes for the purpose of contributing to a watershed district, which are hereby declared to be for municipal and county public purposes.
Acts 1955, ch. 112, § 18; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., §70-1826; T.C.A. § 69-7-126.
Tenn. Code Ann. § 69-1-115 — TN Code / Title 69 / Chapter 1 / Section 69-1-115
Damages caused by canalizing rivers
Status: in_force

(a) Counties lying contiguous to or bordering upon any navigable river or rivers that are improved and canalized by the United States government, by the construction and maintenance of locks and dams so as to render such river or rivers navigable to boats of ordinary tonnage, are empowered through their respective county legislative bodies to assume, provide for and pay any and all actual damages caused, or that may be occasioned by the construction and maintenance of such locks and dams to the contiguous land or lands. (b) For the payment of the respective owners of damage from overflow to their lands as authorized and provided in this section by the respective county legislative bodies of the counties in which such overflow causing the damage may exist, the respective county legislative bodies are empowered to pay such damages out of any moneys of the county not otherwise appropriated, or may levy a special tax for the damages upon the property and taxables in such county. Such damages may be assessed in the manner now authorized by law in condemnation cases of real estate. Acts 1919, ch. 190, §§ 1, 2; Shan. Supp., §§ 1880a33, 1880a34; mod. Code 1932, §§ 3168, 3169; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), §§ 70-119, 70-120.
(a) Counties lying contiguous to or bordering upon any navigable river or rivers that are improved and canalized by the United States government, by the construction and maintenance of locks and dams so as to render such river or rivers navigable to boats of ordinary tonnage, are empowered through their respective county legislative bodies to assume, provide for and pay any and all actual damages caused, or that may be occasioned by the construction and maintenance of such locks and dams to the contiguous land or lands.
(b) For the payment of the respective owners of damage from overflow to their lands as authorized and provided in this section by the respective county legislative bodies of the counties in which such overflow causing the damage may exist, the respective county legislative bodies are empowered to pay such damages out of any moneys of the county not otherwise appropriated, or may levy a special tax for the damages upon the property and taxables in such county. Such damages may be assessed in the manner now authorized by law in condemnation cases of real estate.
Acts 1919, ch. 190, §§ 1, 2; Shan. Supp., §§ 1880a33, 1880a34; mod. Code 1932, §§ 3168, 3169; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), §§ 70-119, 70-120.
Tenn. Code Ann. § 69-6-137 — TN Code / Title 69 / Chapter 6 / Section 69-6-137
Enforcement of assessments - Issuance of bonds
Status: in_force

(a) The assessment made or levied for watershed improvement shall be a lien on the respective tracts of land upon which it is assessed, and this lien shall be enforced in the same manner as provided for the enforcement of the lien for drainage assessment under chapter 5 of this title, which is incorporated in this section by reference. In no event shall watershed improvement assessment be deemed to be the personal obligations of the landowners. (b) The court may authorize the issuance of bonds by the district to cover the cost of the project, for the payment of which bonds the assessments upon the lands benefited by the project may be pledged. The terms and conditions of the bonds, as well as their schedule of payment, shall be fixed by the court, but in no event shall the date of the maturity of the final payment under such bond schedule exceed thirty (30) years after the date of issue. Acts 1955, ch. 112, § 23; 1969, ch. 258, § 1; T.C.A., § 70-1837; T.C.A. § 69-7-137.
(a) The assessment made or levied for watershed improvement shall be a lien on the respective tracts of land upon which it is assessed, and this lien shall be enforced in the same manner as provided for the enforcement of the lien for drainage assessment under chapter 5 of this title, which is incorporated in this section by reference. In no event shall watershed improvement assessment be deemed to be the personal obligations of the landowners.
(b) The court may authorize the issuance of bonds by the district to cover the cost of the project, for the payment of which bonds the assessments upon the lands benefited by the project may be pledged. The terms and conditions of the bonds, as well as their schedule of payment, shall be fixed by the court, but in no event shall the date of the maturity of the final payment under such bond schedule exceed thirty (30) years after the date of issue.
Acts 1955, ch. 112, § 23; 1969, ch. 258, § 1; T.C.A., § 70-1837; T.C.A. § 69-7-137.
Tenn. Code Ann. § 69-7-303 — TN Code / Title 69 / Chapter 7 / Section 69-7-303
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Board" means the board of water quality, oil and gas established pursuant to § 69-3-104 ; (2) "Commissioner" means the commissioner of environment and conservation, the commissioner's duly authorized representative and, in the event of the commissioner's absence or a vacancy in the office of commissioner, the deputy commissioner of environment and conservation; (3) "Person" means any individual, corporation, company, limited liability company, partnership, association, group, utility district, federal, state or local government agency, or any combination of them; (4) "Source" means a location where surface or ground water is available, including, but not limited to, a water well, cave, spring, stream, river, lake, or impoundment; and (5) "Withdraw" means to take water from any source on a regular or recurring basis by means of an intake structure, pipe and pump that diverts water away from a source, or by any other conveyance with or without the use of suction. This does not include nonrecurring withdrawals, including, but not limited to, the filling of a swimming pool from a residential water well or accidental withdrawals caused by failure of pipes or equipment. Amended by 2021 Tenn. Acts, ch. 548, s 1, eff. 5/26/2021. Acts 2002, ch. 800, §4; T.C.A. § 69-8-303.
As used in this part, unless the context otherwise requires:
(1) "Board" means the board of water quality, oil and gas established pursuant to § 69-3-104 ;
(2) "Commissioner" means the commissioner of environment and conservation, the commissioner's duly authorized representative and, in the event of the commissioner's absence or a vacancy in the office of commissioner, the deputy commissioner of environment and conservation;
(3) "Person" means any individual, corporation, company, limited liability company, partnership, association, group, utility district, federal, state or local government agency, or any combination of them;
(4) "Source" means a location where surface or ground water is available, including, but not limited to, a water well, cave, spring, stream, river, lake, or impoundment; and
(5) "Withdraw" means to take water from any source on a regular or recurring basis by means of an intake structure, pipe and pump that diverts water away from a source, or by any other conveyance with or without the use of suction. This does not include nonrecurring withdrawals, including, but not limited to, the filling of a swimming pool from a residential water well or accidental withdrawals caused by failure of pipes or equipment.
Amended by 2021 Tenn. Acts, ch. 548, s 1, eff. 5/26/2021.
Acts 2002, ch. 800, §4; T.C.A. § 69-8-303.
Tenn. Code Ann. § 69-5-835 — TN Code / Title 69 / Chapter 5 / Section 69-5-835
County trustee's compensation
Status: in_force

For collecting and paying out the assessments under this chapter, the county trustee shall receive as compensation two percent (2%) on all amounts paid out by the trustee, and for any certified statements furnished by the trustee, the same fees per one hundred (100) words as are allowed clerks of courts for certified copies of records. Acts 1909, ch. 185, § 36; 1913 (1st Ex. Sess.), ch. 25, § 12; Shan., § 3871a139; Code 1932, § 4374; T.C.A. (orig. ed.), § 70-1339; T.C.A. § 69-6-835.
For collecting and paying out the assessments under this chapter, the county trustee shall receive as compensation two percent (2%) on all amounts paid out by the trustee, and for any certified statements furnished by the trustee, the same fees per one hundred (100) words as are allowed clerks of courts for certified copies of records.
Acts 1909, ch. 185, § 36; 1913 (1st Ex. Sess.), ch. 25, § 12; Shan., § 3871a139; Code 1932, § 4374; T.C.A. (orig. ed.), § 70-1339; T.C.A. § 69-6-835.
Tenn. Code Ann. § 69-5-501 — TN Code / Title 69 / Chapter 5 / Section 69-5-501
Right of appeal - Time - Notice - Bond
Status: in_force

Any party aggrieved may appeal from the decision of the court in establishing, or refusing to establish, the improvement district, or its decision in the allowance of damages, such appeal being to the circuit court, and any party so desiring to appeal shall have the right to have the benefit of appeal at any time within five (5) days after the decision is made, without formally praying an appeal, by filing with the clerk of the county a notice of the appeal, at the same time filing with such clerk a bond, to be approved by the clerk in the sum and condition prescribed in § 69-5-502 . Acts 1909, ch. 185, § 8; 1913 (1st Ex. Sess.), ch. 25, § 4; Shan., § 3871a39; Code 1932, § 4256; impl. am. Acts 1978, ch. 934, §§22, 36; T.C.A. (orig. ed.), § 70-1101; T.C.A. § 69-6-501.
Any party aggrieved may appeal from the decision of the court in establishing, or refusing to establish, the improvement district, or its decision in the allowance of damages, such appeal being to the circuit court, and any party so desiring to appeal shall have the right to have the benefit of appeal at any time within five (5) days after the decision is made, without formally praying an appeal, by filing with the clerk of the county a notice of the appeal, at the same time filing with such clerk a bond, to be approved by the clerk in the sum and condition prescribed in § 69-5-502 .
Acts 1909, ch. 185, § 8; 1913 (1st Ex. Sess.), ch. 25, § 4; Shan., § 3871a39; Code 1932, § 4256; impl. am. Acts 1978, ch. 934, §§22, 36; T.C.A. (orig. ed.), § 70-1101; T.C.A. § 69-6-501.
Tenn. Code Ann. § 69-5-817 — TN Code / Title 69 / Chapter 5 / Section 69-5-817
Trustee to collect assessments - Notice to delinquents - Penalty
Status: in_force

It is the duty of the trustee to collect the assessments along with other taxes upon the lands, which shall be credited to the account of the drainage district; and it is the duty of the county trustee, within ten (10) days after any drainage tax is delinquent, to give written notice to the party to whom the tract or tracts on which taxes are delinquent is assessed that the tax is delinquent, and that a penalty of ten percent (10%) will accrue on the delinquency as provided in this part. No additional amount shall be taxed against the party assessed to cover any attorney's fees in case of suit brought necessary to collect the taxes; the attorney's fees shall be paid out of the penalty, and shall not in any case exceed the penalty. Acts 1909, ch. 185, § 32a, as added by Acts 1923, ch. 73, § 2; Shan. Supp., § 3871a122b1; Code 1932, § 4352; T.C.A. (orig. ed.), § 70-1321; T.C.A. § 69-6-817.
It is the duty of the trustee to collect the assessments along with other taxes upon the lands, which shall be credited to the account of the drainage district; and it is the duty of the county trustee, within ten (10) days after any drainage tax is delinquent, to give written notice to the party to whom the tract or tracts on which taxes are delinquent is assessed that the tax is delinquent, and that a penalty of ten percent (10%) will accrue on the delinquency as provided in this part. No additional amount shall be taxed against the party assessed to cover any attorney's fees in case of suit brought necessary to collect the taxes; the attorney's fees shall be paid out of the penalty, and shall not in any case exceed the penalty.
Acts 1909, ch. 185, § 32a, as added by Acts 1923, ch. 73, § 2; Shan. Supp., § 3871a122b1; Code 1932, § 4352; T.C.A. (orig. ed.), § 70-1321; T.C.A. § 69-6-817.
Tenn. Code Ann. § 69-5-504 — TN Code / Title 69 / Chapter 5 / Section 69-5-504
Continuation of work pending appeal
Status: in_force

When an appeal is taken and prosecuted from the judgment of the county court awarding damages, such appeal shall not prevent the work of the improvement or district being proceeded with, and the appropriation and condemnation of the lands, as provided by §§ 69-5-207 - 69-5-209, if the district, or the petitioners for the district, or any of them, will give bond, with good security, payable to the party or person awarded damages, in double the amount of damages awarded and costs as may be awarded on appeal. Acts 1913 (1st Ex. Sess.), ch. 25, § 4; Shan., § 3871a42; Code 1932, §4259; T.C.A. (orig. ed.), § 70-1104; T.C.A. § 69-6-504.
When an appeal is taken and prosecuted from the judgment of the county court awarding damages, such appeal shall not prevent the work of the improvement or district being proceeded with, and the appropriation and condemnation of the lands, as provided by §§ 69-5-207 - 69-5-209, if the district, or the petitioners for the district, or any of them, will give bond, with good security, payable to the party or person awarded damages, in double the amount of damages awarded and costs as may be awarded on appeal.
Acts 1913 (1st Ex. Sess.), ch. 25, § 4; Shan., § 3871a42; Code 1932, §4259; T.C.A. (orig. ed.), § 70-1104; T.C.A. § 69-6-504.
Tenn. Code Ann. § 69-5-118 — TN Code / Title 69 / Chapter 5 / Section 69-5-118
Engineer's assistants
Status: in_force

The engineer may employ necessary help, such as axmen, rodmen, returning an itemized expense account, or the court may contract with such engineer to furnish all such help, and to do the entire work, or any specific part thereof, for a sum stipulated and agreed upon. Acts 1909, ch. 185, § 3; 1913 (1st Ex. Sess.), ch. 25, § 1; Shan., §3871a24; mod. Code 1932, § 4233; T.C.A. (orig. ed.), § 70-722; T.C.A. § 69-6-118 .
The engineer may employ necessary help, such as axmen, rodmen, returning an itemized expense account, or the court may contract with such engineer to furnish all such help, and to do the entire work, or any specific part thereof, for a sum stipulated and agreed upon.
Acts 1909, ch. 185, § 3; 1913 (1st Ex. Sess.), ch. 25, § 1; Shan., §3871a24; mod. Code 1932, § 4233; T.C.A. (orig. ed.), § 70-722; T.C.A. § 69-6-118 .
Tenn. Code Ann. § 69-5-1107 — TN Code / Title 69 / Chapter 5 / Section 69-5-1107
Bonds
Status: in_force

Bonds may be issued by such drainage district, or drainage and levee district, located in more than one (1) county, to pay for the cost and expenses of the proposed improvement in the general method provided in part 9 of this chapter. Such bonds shall be signed by the county mayor of each of the counties that have lands in such district, and countersigned by the county clerk of each of the counties, and the county seal, or seal of the county clerk, of each county shall be affixed to such bonds by each of the clerks, and the bonds shall be signed and sealed first by the officers of counties other than that in which the proceeding is pending, and last by the officers of the county in which the petition was filed and the proceeding pending, and shall then be ready for issuance. Such bonds shall show upon their face that they are issued by the several counties having lands in such district. The assessments on the lands in each county shall only be bound and liable for their pro rata part of such bonds and interest on the bonds, and according to assessments levied; and only the lands in such district shall be liable for the assessments levied on the lands as provided in part 9 of this chapter. It is the duty of each of the officers in each of the counties to sign, and countersign, and seal such bonds, as provided in part 9 of this chapter, when they have been ordered issued by the court in which the petition was filed and proceeding is pending. Acts 1915, ch. 61, §6; Shan., § 3871a167; Code 1932, §4403; impl. am. Acts 1978, ch. 934, §§ 16, 22, 36; T.C.A. (orig. ed.), §70-1512; Acts 2003 , ch. 90, § 2; T.C.A. § 69-6-1107.
Bonds may be issued by such drainage district, or drainage and levee district, located in more than one (1) county, to pay for the cost and expenses of the proposed improvement in the general method provided in part 9 of this chapter. Such bonds shall be signed by the county mayor of each of the counties that have lands in such district, and countersigned by the county clerk of each of the counties, and the county seal, or seal of the county clerk, of each county shall be affixed to such bonds by each of the clerks, and the bonds shall be signed and sealed first by the officers of counties other than that in which the proceeding is pending, and last by the officers of the county in which the petition was filed and the proceeding pending, and shall then be ready for issuance. Such bonds shall show upon their face that they are issued by the several counties having lands in such district. The assessments on the lands in each county shall only be bound and liable for their pro rata part of such bonds and interest on the bonds, and according to assessments levied; and only the lands in such district shall be liable for the assessments levied on the lands as provided in part 9 of this chapter. It is the duty of each of the officers in each of the counties to sign, and countersign, and seal such bonds, as provided in part 9 of this chapter, when they have been ordered issued by the court in which the petition was filed and proceeding is pending.
Acts 1915, ch. 61, §6; Shan., § 3871a167; Code 1932, §4403; impl. am. Acts 1978, ch. 934, §§ 16, 22, 36; T.C.A. (orig. ed.), §70-1512; Acts 2003 , ch. 90, § 2; T.C.A. § 69-6-1107.
Tenn. Code Ann. § 69-4-108 — TN Code / Title 69 / Chapter 4 / Section 69-4-108
Counties may retain state's increment of taxes
Status: in_force

(a) Any county that has legally incurred, or may hereafter incur, a bonded indebtedness for the purpose of constructing or aiding in the construction of a levee or levees or drainage to reclaim and improve the low, wet, and overflowed lands within the county or in the state, whereby the taxable values of the property in such county or state have been or may be materially increased, shall be entitled to retain out of the revenue due by such county to the state, such increment of taxes so realized for the state, because of such enhancement of values, as have been or may be traceable to the issuance of such bonds for such purpose, and the works done in pursuance thereof in the construction of such levee or levees or drainage. (b) The trustee of any such county, in making payments to the proper officers of the state of the revenue collected by the trustee and payable to the state, is allowed, and it is the trustee's duty, to retain such increment of taxes as provided for in subsection (a), and for the purpose of ascertaining and determining the amount that the trustee shall so be entitled to retain, the commissioner of revenue is empowered, and it is made the commissioner's duty, to make all necessary investigations as to the facts; and the commissioner shall then make a settlement with the trustee of such county, whereby the commissioner will ascertain, determine, and fix the exact amount that the trustee shall be allowed to retain, as the increment of such taxes. Such settlement shall be made each year at the time of the final settlement made with the trustee of such county of the accounts with the state for taxes collected by the trustee. (c) At the time of settlement, the commissioner of revenue shall be required to take from such trustee a written statement signed by the trustee, showing the exact amount so retained by the trustee, and such receipt shall be filed and kept by the commissioner as evidence of the amounts so retained, which otherwise should and would have been paid to the state. (d) In ascertaining, determining, and fixing the amount of such taxes accruing in favor of the state, the commissioner of revenue shall take and consider, among other facts, the assessed taxable values of property of such county for the year next preceding the issuance of such bonds; and in no event shall the taxes to be paid to the state be less than on an amount of taxable property equal to the amount as assessed in and for such county in the year next preceding the issuance of the bonds. (e) All such taxes to be left in the hands of the trustee shall be and become the property of such county, shall be and constitute a fund to discharge the bonded indebtedness and interest on the bonds, and shall not be used by such county or its officers for any other purpose; but the county, by and through its proper officers, shall by proper action provide for the appropriation of such moneys to the payment, discharge of the bonds and interest on the bonds, or to the purchase of the bonds. (f) All the provisions of this section shall remain in force and effect during the term of years for which the bonds are to run before maturity, unless they are paid sooner, but in no event to extend beyond the payment of such bonds, or the date of their maturity. Acts 1901, ch. 65, §§ 1-6; Shan., §§ 3871a1-3871a6; mod. Code 1932, §§ 4210-4215; impl. am. Acts 1937, ch. 33, §§50, 51; impl. am. Acts 1959, ch. 9, § 14; T.C.A. (orig. ed.), §§ 70-618--70-623; T.C.A. § 69-5-108 .
(a) Any county that has legally incurred, or may hereafter incur, a bonded indebtedness for the purpose of constructing or aiding in the construction of a levee or levees or drainage to reclaim and improve the low, wet, and overflowed lands within the county or in the state, whereby the taxable values of the property in such county or state have been or may be materially increased, shall be entitled to retain out of the revenue due by such county to the state, such increment of taxes so realized for the state, because of such enhancement of values, as have been or may be traceable to the issuance of such bonds for such purpose, and the works done in pursuance thereof in the construction of such levee or levees or drainage.
(b) The trustee of any such county, in making payments to the proper officers of the state of the revenue collected by the trustee and payable to the state, is allowed, and it is the trustee's duty, to retain such increment of taxes as provided for in subsection (a), and for the purpose of ascertaining and determining the amount that the trustee shall so be entitled to retain, the commissioner of revenue is empowered, and it is made the commissioner's duty, to make all necessary investigations as to the facts; and the commissioner shall then make a settlement with the trustee of such county, whereby the commissioner will ascertain, determine, and fix the exact amount that the trustee shall be allowed to retain, as the increment of such taxes. Such settlement shall be made each year at the time of the final settlement made with the trustee of such county of the accounts with the state for taxes collected by the trustee.
(c) At the time of settlement, the commissioner of revenue shall be required to take from such trustee a written statement signed by the trustee, showing the exact amount so retained by the trustee, and such receipt shall be filed and kept by the commissioner as evidence of the amounts so retained, which otherwise should and would have been paid to the state.
(d) In ascertaining, determining, and fixing the amount of such taxes accruing in favor of the state, the commissioner of revenue shall take and consider, among other facts, the assessed taxable values of property of such county for the year next preceding the issuance of such bonds; and in no event shall the taxes to be paid to the state be less than on an amount of taxable property equal to the amount as assessed in and for such county in the year next preceding the issuance of the bonds.
(e) All such taxes to be left in the hands of the trustee shall be and become the property of such county, shall be and constitute a fund to discharge the bonded indebtedness and interest on the bonds, and shall not be used by such county or its officers for any other purpose; but the county, by and through its proper officers, shall by proper action provide for the appropriation of such moneys to the payment, discharge of the bonds and interest on the bonds, or to the purchase of the bonds.
(f) All the provisions of this section shall remain in force and effect during the term of years for which the bonds are to run before maturity, unless they are paid sooner, but in no event to extend beyond the payment of such bonds, or the date of their maturity.
Acts 1901, ch. 65, §§ 1-6; Shan., §§ 3871a1-3871a6; mod. Code 1932, §§ 4210-4215; impl. am. Acts 1937, ch. 33, §§50, 51; impl. am. Acts 1959, ch. 9, § 14; T.C.A. (orig. ed.), §§ 70-618--70-623; T.C.A. § 69-5-108 .
Tenn. Code Ann. § 69-5-202 — TN Code / Title 69 / Chapter 5 / Section 69-5-202
District not to be established until assessment of damages - Viewers - Duty of engineer
Status: in_force

If any claims for damages have been filed, the court shall not establish the district until viewers have been appointed and have reported, and the court shall proceed to appoint three (3) viewers to assess such damages, who shall be disinterested freeholders of the county, and not related to any party interested in the proposed improvement, nor themselves interested in a like improvement, and the engineer appointed by the county court shall accompany the viewers and furnish such information as may be called for by them concerning the survey of the improvement. Acts 1909, ch. 185, §6; Shan., § 3871a34; Code 1932, § 4251; T.C.A. (orig. ed.), § 70-802; T.C.A. § 69-6-202.
If any claims for damages have been filed, the court shall not establish the district until viewers have been appointed and have reported, and the court shall proceed to appoint three (3) viewers to assess such damages, who shall be disinterested freeholders of the county, and not related to any party interested in the proposed improvement, nor themselves interested in a like improvement, and the engineer appointed by the county court shall accompany the viewers and furnish such information as may be called for by them concerning the survey of the improvement.
Acts 1909, ch. 185, §6; Shan., § 3871a34; Code 1932, § 4251; T.C.A. (orig. ed.), § 70-802; T.C.A. § 69-6-202.
Tenn. Code Ann. § 69-5-205 — TN Code / Title 69 / Chapter 5 / Section 69-5-205
Method of estimating damages
Status: in_force

In estimating the damages, the viewers shall give the value of the land proposed to be taken without deduction, but incidental benefits that may result to the owner by reason of the proposed improvement may be taken into consideration in estimating the incidental damages. Acts 1909, ch. 185, §7; Shan., § 3871a37; Code 1932, § 4254; T.C.A. (orig. ed.), § 70-805; T.C.A. § 69-6-205.
In estimating the damages, the viewers shall give the value of the land proposed to be taken without deduction, but incidental benefits that may result to the owner by reason of the proposed improvement may be taken into consideration in estimating the incidental damages.
Acts 1909, ch. 185, §7; Shan., § 3871a37; Code 1932, § 4254; T.C.A. (orig. ed.), § 70-805; T.C.A. § 69-6-205.
Tenn. Code Ann. § 69-5-811 — TN Code / Title 69 / Chapter 5 / Section 69-5-811
Unenforceable assessments
Status: in_force

Where any assessments made and levied under this chapter cannot, for any reason, be enforced, and part of the work has been done, the county court shall proceed as to any or all lands benefited by the improvement in the same manner as if the appraisement and apportionment of benefits had never been made, in which event any payments already made shall be duly credited to those who have paid them. Acts 1909, ch. 185, § 17; Shan., § 3871a76; Code 1932, § 4304; T.C.A. (orig. ed.), § 70-1315; T.C.A. § 69-6-811.
Where any assessments made and levied under this chapter cannot, for any reason, be enforced, and part of the work has been done, the county court shall proceed as to any or all lands benefited by the improvement in the same manner as if the appraisement and apportionment of benefits had never been made, in which event any payments already made shall be duly credited to those who have paid them.
Acts 1909, ch. 185, § 17; Shan., § 3871a76; Code 1932, § 4304; T.C.A. (orig. ed.), § 70-1315; T.C.A. § 69-6-811.
Tenn. Code Ann. § 69-6-116 — TN Code / Title 69 / Chapter 6 / Section 69-6-116
Funding of expenses - No election without sufficient funds
Status: in_force

(a) For the purpose of paying the costs of the election provided by §§ 69-6-106 - 69-6-110, and for the purpose of paying the costs of recording the charter of such district, and any other necessary expenses incurred in the organization of the district, the board is empowered to receive contributions from private sources, or from counties, cities and towns located within such district. (b) The legislative body of each county and the governing body of each city or town located within any such district is authorized and empowered to appropriate funds for such expenses, which are hereby declared to be for a public purpose. (c) No election shall be held under this chapter until sufficient funds to defray the expenses of such election have been received by the board. Acts 1955, ch. 112, § 11; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., §70-1816; T.C.A. § 69-7-116.
(a) For the purpose of paying the costs of the election provided by §§ 69-6-106 - 69-6-110, and for the purpose of paying the costs of recording the charter of such district, and any other necessary expenses incurred in the organization of the district, the board is empowered to receive contributions from private sources, or from counties, cities and towns located within such district.
(b) The legislative body of each county and the governing body of each city or town located within any such district is authorized and empowered to appropriate funds for such expenses, which are hereby declared to be for a public purpose.
(c) No election shall be held under this chapter until sufficient funds to defray the expenses of such election have been received by the board.
Acts 1955, ch. 112, § 11; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., §70-1816; T.C.A. § 69-7-116.
Tenn. Code Ann. § 69-5-1105 — TN Code / Title 69 / Chapter 5 / Section 69-5-1105
Disposition of collected assessments
Status: in_force

It is the duty of the trustee of any county in which part of the lands of such district lie to receive the certified copy mentioned in § 69-5-1104 , and to collect the assessments shown by the same, as provided in part 8 of this chapter where the district lies entirely in one (1) county, and to duly account for and pay over the same when collected. The trustee collecting such assessments in any county shall pay the same upon the warrants drawn on the trustee by the county mayor of the county where the proceeding is pending, or petition was filed, as provided by law. Such warrants may be drawn to transfer such amounts collected from the hands of the trustee of any other county to the trustee of the county where the proceeding is pending, to the end that all the vouchers for money disbursed shall be on file in the county where the proceeding is pending. Acts 1915, ch. 61, §4; Shan., § 3871a165; Code 1932, §4401; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), §70-1510; Acts 2003 , ch. 90, § 2; T.C.A. § 69-6-1105.
It is the duty of the trustee of any county in which part of the lands of such district lie to receive the certified copy mentioned in § 69-5-1104 , and to collect the assessments shown by the same, as provided in part 8 of this chapter where the district lies entirely in one (1) county, and to duly account for and pay over the same when collected. The trustee collecting such assessments in any county shall pay the same upon the warrants drawn on the trustee by the county mayor of the county where the proceeding is pending, or petition was filed, as provided by law. Such warrants may be drawn to transfer such amounts collected from the hands of the trustee of any other county to the trustee of the county where the proceeding is pending, to the end that all the vouchers for money disbursed shall be on file in the county where the proceeding is pending.
Acts 1915, ch. 61, §4; Shan., § 3871a165; Code 1932, §4401; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), §70-1510; Acts 2003 , ch. 90, § 2; T.C.A. § 69-6-1105.
Tenn. Code Ann. § 69-5-830 — TN Code / Title 69 / Chapter 5 / Section 69-5-830
Redemption after restoration of competency
Status: in_force

Infants and persons adjudicated incompetent have the further period of one (1) year after the restoration of competency in which to redeem their lands sold under §§ 69-5-819 - 69-5-829 and other sections of this chapter, under like terms as to amounts to be paid, in redemption, as provided in this part. Acts 1909, ch. 185, § 33; Shan., § 3871a133; Code 1932, § 4365; T.C.A. (orig. ed.), § 70-1334; T.C.A. §69-6-830; Acts 2011 , ch. 47, § 94.
Infants and persons adjudicated incompetent have the further period of one (1) year after the restoration of competency in which to redeem their lands sold under §§ 69-5-819 - 69-5-829 and other sections of this chapter, under like terms as to amounts to be paid, in redemption, as provided in this part.
Acts 1909, ch. 185, § 33; Shan., § 3871a133; Code 1932, § 4365; T.C.A. (orig. ed.), § 70-1334; T.C.A. §69-6-830; Acts 2011 , ch. 47, § 94.
Tenn. Code Ann. § 69-4-101 — TN Code / Title 69 / Chapter 4 / Section 69-4-101
Bonds for building levees
Status: in_force

The county legislative bodies of the several counties, within the limits of which are lands rendered unfit for occupation and farming purposes by reason of the overflowing of the lands in times of high water in the rivers adjacent to the lands, may issue bonds pursuant to title 9, chapter 21 for the purpose of constructing levees to protect the lands. Acts 1871, ch. 131, §1; Shan., § 3855; Code 1932, § 4193; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 70-601; Acts 1988, ch. 750, §67; T.C.A. § 69-5-101 .
The county legislative bodies of the several counties, within the limits of which are lands rendered unfit for occupation and farming purposes by reason of the overflowing of the lands in times of high water in the rivers adjacent to the lands, may issue bonds pursuant to title 9, chapter 21 for the purpose of constructing levees to protect the lands.
Acts 1871, ch. 131, §1; Shan., § 3855; Code 1932, § 4193; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 70-601; Acts 1988, ch. 750, §67; T.C.A. § 69-5-101 .
Tenn. Code Ann. § 69-1-201 — TN Code / Title 69 / Chapter 1 / Section 69-1-201
Immunity from damages - Exceptions
Status: in_force

The state of Tennessee, its departments or agencies, or any governmental entity is hereby authorized, as required by the secretary of the army or the chief of engineers for projects for water resource development and conservation or other purposes, to agree to hold and save the United States free from damages due to the construction or operation and maintenance of such projects, except for damages due to the fault or negligence of the United States or its contractors. Acts 1988, ch. 617, § 1.
The state of Tennessee, its departments or agencies, or any governmental entity is hereby authorized, as required by the secretary of the army or the chief of engineers for projects for water resource development and conservation or other purposes, to agree to hold and save the United States free from damages due to the construction or operation and maintenance of such projects, except for damages due to the fault or negligence of the United States or its contractors.
Acts 1988, ch. 617, § 1.
Tenn. Code Ann. § 69-11-116 — TN Code / Title 69 / Chapter 11 / Section 69-11-116
Fees
Status: in_force

(a) (1) The commissioner shall establish reasonable fees for the following: (A) The review of plans and examinations of all applications for certificates of approval for new dam and reservoir construction. A schedule for project review fees not to exceed the amount stated in § 68-203-103(h) shall be established by the commissioner and adopted as rules and regulations under § 69-11-104(a)(3) . In establishing the fee schedule, the commissioner shall consider the height of the dam, the size of the reservoir, and the downstream hazard category. The total project review fee for a proposed dam shall not exceed one percent (1%) of the total estimated cost of the dam, as determined by the owner and approved by the commissioner. (B) The conducting of safety inspections of existing dams, reservoirs, and downstream floodplains. A schedule of safety inspection fees not to exceed the amount stated in § 68-203-103(h) shall be established by the commissioner and adopted as rules and regulations under § 69-11-104(a)(3) . In establishing the fee schedule for safety inspections of existing dams, reservoirs, and downstream floodplains, the commissioner shall consider the height and size of the dam and reservoir and the established hazard category. The total fee payable for the safety inspection of any existing single dam during any calendar year shall not exceed the amount stated in § 68-203-103(h) , irrespective of the number of inspections made of such dam during any calendar year. (2) Notwithstanding any law to the contrary, no fee shall be imposed for safety inspection of existing dams, reservoirs, and downstream floodplains constructed, operated, or maintained by a watershed district pursuant to chapter 6 of this title. (b) All fees collected under this chapter shall be placed in a special account in the environmental protection fund created by § 68-203-101 and earmarked, allocated, and appropriated to the division of water supply of the department of environment and conservation for the purpose of complying with this chapter. Any unexpended balance of the special account together with any interest earned on the balance in any fiscal year shall not revert to the general fund, but shall remain in the special account and continue to be available for the activities of the division under this chapter. (c) The fees described in this section are not refundable. Acts 1973, ch. 182, § 7; T.C.A., § 70-2517; Acts 1984, ch. 805, § 6; 1987, ch. 93, §1; T.C.A. §69-12-116; Acts 2007 , ch. 362, §§ 41, 42.
(a) (1) The commissioner shall establish reasonable fees for the following: (A) The review of plans and examinations of all applications for certificates of approval for new dam and reservoir construction. A schedule for project review fees not to exceed the amount stated in § 68-203-103(h) shall be established by the commissioner and adopted as rules and regulations under § 69-11-104(a)(3) . In establishing the fee schedule, the commissioner shall consider the height of the dam, the size of the reservoir, and the downstream hazard category. The total project review fee for a proposed dam shall not exceed one percent (1%) of the total estimated cost of the dam, as determined by the owner and approved by the commissioner. (B) The conducting of safety inspections of existing dams, reservoirs, and downstream floodplains. A schedule of safety inspection fees not to exceed the amount stated in § 68-203-103(h) shall be established by the commissioner and adopted as rules and regulations under § 69-11-104(a)(3) . In establishing the fee schedule for safety inspections of existing dams, reservoirs, and downstream floodplains, the commissioner shall consider the height and size of the dam and reservoir and the established hazard category. The total fee payable for the safety inspection of any existing single dam during any calendar year shall not exceed the amount stated in § 68-203-103(h) , irrespective of the number of inspections made of such dam during any calendar year. (2) Notwithstanding any law to the contrary, no fee shall be imposed for safety inspection of existing dams, reservoirs, and downstream floodplains constructed, operated, or maintained by a watershed district pursuant to chapter 6 of this title.
(1) The commissioner shall establish reasonable fees for the following: (A) The review of plans and examinations of all applications for certificates of approval for new dam and reservoir construction. A schedule for project review fees not to exceed the amount stated in § 68-203-103(h) shall be established by the commissioner and adopted as rules and regulations under § 69-11-104(a)(3) . In establishing the fee schedule, the commissioner shall consider the height of the dam, the size of the reservoir, and the downstream hazard category. The total project review fee for a proposed dam shall not exceed one percent (1%) of the total estimated cost of the dam, as determined by the owner and approved by the commissioner. (B) The conducting of safety inspections of existing dams, reservoirs, and downstream floodplains. A schedule of safety inspection fees not to exceed the amount stated in § 68-203-103(h) shall be established by the commissioner and adopted as rules and regulations under § 69-11-104(a)(3) . In establishing the fee schedule for safety inspections of existing dams, reservoirs, and downstream floodplains, the commissioner shall consider the height and size of the dam and reservoir and the established hazard category. The total fee payable for the safety inspection of any existing single dam during any calendar year shall not exceed the amount stated in § 68-203-103(h) , irrespective of the number of inspections made of such dam during any calendar year.
(A) The review of plans and examinations of all applications for certificates of approval for new dam and reservoir construction. A schedule for project review fees not to exceed the amount stated in § 68-203-103(h) shall be established by the commissioner and adopted as rules and regulations under § 69-11-104(a)(3) . In establishing the fee schedule, the commissioner shall consider the height of the dam, the size of the reservoir, and the downstream hazard category. The total project review fee for a proposed dam shall not exceed one percent (1%) of the total estimated cost of the dam, as determined by the owner and approved by the commissioner.
(B) The conducting of safety inspections of existing dams, reservoirs, and downstream floodplains. A schedule of safety inspection fees not to exceed the amount stated in § 68-203-103(h) shall be established by the commissioner and adopted as rules and regulations under § 69-11-104(a)(3) . In establishing the fee schedule for safety inspections of existing dams, reservoirs, and downstream floodplains, the commissioner shall consider the height and size of the dam and reservoir and the established hazard category. The total fee payable for the safety inspection of any existing single dam during any calendar year shall not exceed the amount stated in § 68-203-103(h) , irrespective of the number of inspections made of such dam during any calendar year.
(2) Notwithstanding any law to the contrary, no fee shall be imposed for safety inspection of existing dams, reservoirs, and downstream floodplains constructed, operated, or maintained by a watershed district pursuant to chapter 6 of this title.
(b) All fees collected under this chapter shall be placed in a special account in the environmental protection fund created by § 68-203-101 and earmarked, allocated, and appropriated to the division of water supply of the department of environment and conservation for the purpose of complying with this chapter. Any unexpended balance of the special account together with any interest earned on the balance in any fiscal year shall not revert to the general fund, but shall remain in the special account and continue to be available for the activities of the division under this chapter.
(c) The fees described in this section are not refundable.
Acts 1973, ch. 182, § 7; T.C.A., § 70-2517; Acts 1984, ch. 805, § 6; 1987, ch. 93, §1; T.C.A. §69-12-116; Acts 2007 , ch. 362, §§ 41, 42.
Tenn. Code Ann. § 69-5-1301 — TN Code / Title 69 / Chapter 5 / Section 69-5-1301
Mutual agreements authorized
Status: in_force

The owners of land that requires combined drainage may provide for the establishment of a drainage district, or location and construction of drains, ditches, and watercourses upon their own lands by mutual agreement in writing duly signed, acknowledged, and filed with the county clerk. Acts 1909, ch. 185, § 38; Shan., § 3871a146; Code 1932, § 4381; T.C.A. (orig. ed.), § 70-1701; T.C.A. § 69-6-1301.
The owners of land that requires combined drainage may provide for the establishment of a drainage district, or location and construction of drains, ditches, and watercourses upon their own lands by mutual agreement in writing duly signed, acknowledged, and filed with the county clerk.
Acts 1909, ch. 185, § 38; Shan., § 3871a146; Code 1932, § 4381; T.C.A. (orig. ed.), § 70-1701; T.C.A. § 69-6-1301.
Tenn. Code Ann. § 69-5-604 — TN Code / Title 69 / Chapter 5 / Section 69-5-604
Officers - Bond of treasurer
Status: in_force

The county mayor shall be chair of the board of directors, and the board shall elect one (1) of the other directors secretary and treasurer of the board, who, as treasurer, shall give bond in the sum of twenty-five thousand dollars ($25,000) to faithfully account for all money coming into the treasurer's hands, the bond to be approved by the county legislative body and payable to the county or state, for the use of the district, and to be recorded in the drainage record. Acts 1909, ch. 185, § 18; Shan., § 3871a81; Code 1932, §4309; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), §70-1204; Acts 2003 , ch. 90, § 2; T.C.A. § 69-6-604.
The county mayor shall be chair of the board of directors, and the board shall elect one (1) of the other directors secretary and treasurer of the board, who, as treasurer, shall give bond in the sum of twenty-five thousand dollars ($25,000) to faithfully account for all money coming into the treasurer's hands, the bond to be approved by the county legislative body and payable to the county or state, for the use of the district, and to be recorded in the drainage record.
Acts 1909, ch. 185, § 18; Shan., § 3871a81; Code 1932, §4309; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), §70-1204; Acts 2003 , ch. 90, § 2; T.C.A. § 69-6-604.
Tenn. Code Ann. § 69-1-108 — TN Code / Title 69 / Chapter 1 / Section 69-1-108
Diverting water from main channel
Status: in_force

(a) No person, upon pretense of having a right to the flow of water through a sluice of a navigable watercourse, on which sluice such person has built a mill, shall divert the water from the main channel into the sluice, so as to obstruct or impede the navigation of the main channel. (b) A violation of this section is a Class C misdemeanor. Code 1858, § 1306; Shan., § 1816; Code 1932, § 3082; T.C.A. (orig. ed.), § 70-108; Acts 1989, ch. 591, § 113.
(a) No person, upon pretense of having a right to the flow of water through a sluice of a navigable watercourse, on which sluice such person has built a mill, shall divert the water from the main channel into the sluice, so as to obstruct or impede the navigation of the main channel.
(b) A violation of this section is a Class C misdemeanor.
Code 1858, § 1306; Shan., § 1816; Code 1932, § 3082; T.C.A. (orig. ed.), § 70-108; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 69-4-103 — TN Code / Title 69 / Chapter 4 / Section 69-4-103
Commissioners
Status: in_force

The county legislative body of the county issuing the bonds shall appoint not less than three (3) nor more than five (5) persons to superintend the construction of the levee, who shall be denominated "the levee commissioners," and who shall, before entering upon their duties, take an oath for the faithful discharge of their duties, and enter into bond to account for all sums passing into their hands, in such sum as the county legislative body shall deem sufficient. Acts 1871, ch. 131, §7; Shan., § 3860; Code 1932, § 4198; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 70-606; T.C.A. § 69-5-103 .
The county legislative body of the county issuing the bonds shall appoint not less than three (3) nor more than five (5) persons to superintend the construction of the levee, who shall be denominated "the levee commissioners," and who shall, before entering upon their duties, take an oath for the faithful discharge of their duties, and enter into bond to account for all sums passing into their hands, in such sum as the county legislative body shall deem sufficient.
Acts 1871, ch. 131, §7; Shan., § 3860; Code 1932, § 4198; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 70-606; T.C.A. § 69-5-103 .
Tenn. Code Ann. § 69-5-703 — TN Code / Title 69 / Chapter 5 / Section 69-5-703
Contracts let to lowest bidders - Rejection of bids and readvertisement
Status: in_force

The board of directors shall award contract or contracts for each section of the work to the lowest responsible bidder or bidders for the contract, or it may award the contract as a whole to the lowest responsible bidder, exercising its own discretion as to letting the work as a whole or in sections, and reserving the right to reject any and all bids and readvertise the letting of the work. Acts 1909, ch. 185, § 19; Shan., § 3871a84; Code 1932, § 4312; T.C.A. (orig. ed.), § 70-1209; T.C.A. § 69-6-703.
The board of directors shall award contract or contracts for each section of the work to the lowest responsible bidder or bidders for the contract, or it may award the contract as a whole to the lowest responsible bidder, exercising its own discretion as to letting the work as a whole or in sections, and reserving the right to reject any and all bids and readvertise the letting of the work.
Acts 1909, ch. 185, § 19; Shan., § 3871a84; Code 1932, § 4312; T.C.A. (orig. ed.), § 70-1209; T.C.A. § 69-6-703.
Tenn. Code Ann. § 69-5-1106 — TN Code / Title 69 / Chapter 5 / Section 69-5-1106
Assessments become liens
Status: in_force

The assessments provided for by this part, when made and levied shall be and become valid liens upon all the lands so assessed as state and county taxes are liens upon lands. Acts 1915, ch. 61, §5; Shan., § 3871a166; mod. Code 1932, § 4402; T.C.A. (orig. ed.), § 70-1511; T.C.A. § 69-6-1106.
The assessments provided for by this part, when made and levied shall be and become valid liens upon all the lands so assessed as state and county taxes are liens upon lands.
Acts 1915, ch. 61, §5; Shan., § 3871a166; mod. Code 1932, § 4402; T.C.A. (orig. ed.), § 70-1511; T.C.A. § 69-6-1106.
Tenn. Code Ann. § 69-9-405 — TN Code / Title 69 / Chapter 9 / Section 69-9-405
When international rules govern
Status: in_force

In the event that this part is inconsistent with the international rules of navigation, the international rules of navigation shall govern the inconsistency, but the other provisions of this part shall remain in force. Acts 1984, ch. 732, §2; T.C.A. § 69-10-405.
In the event that this part is inconsistent with the international rules of navigation, the international rules of navigation shall govern the inconsistency, but the other provisions of this part shall remain in force.
Acts 1984, ch. 732, §2; T.C.A. § 69-10-405.
Tenn. Code Ann. § 69-5-716 — TN Code / Title 69 / Chapter 5 / Section 69-5-716
Control of discharge of creek or branch into main ditch or drain
Status: in_force

The district, or the directors thereof, have a like right to control the manner in which any creek or branch shall empty or be emptied into the main ditch, drain, or watercourse, in order to prevent such from being filled or blocked by silt or sand, brought in by such creek or branch. Acts 1913 (1st Ex. Sess.), ch. 25, § 9; Shan., § 3871a97; Code 1932, §4325; T.C.A. (orig. ed.), § 70-1222; T.C.A. § 69-6-716.
The district, or the directors thereof, have a like right to control the manner in which any creek or branch shall empty or be emptied into the main ditch, drain, or watercourse, in order to prevent such from being filled or blocked by silt or sand, brought in by such creek or branch.
Acts 1913 (1st Ex. Sess.), ch. 25, § 9; Shan., § 3871a97; Code 1932, §4325; T.C.A. (orig. ed.), § 70-1222; T.C.A. § 69-6-716.
Tenn. Code Ann. § 69-7-204 — TN Code / Title 69 / Chapter 7 / Section 69-7-204
Acquisition of permit - Determination of amount of existing inter-basin transfer
Status: in_force

(a) All persons or entities: (1) That have been granted powers by the state to acquire water, water rights and associated property by eminent domain or condemnation; or (2) That acquire or supply water for the use or benefit of public water supply systems as defined in § 68-221-703 , shall, when proposing a new or increased withdrawal of surface water or ground water for the purpose of transferring or diverting, or both, some or all of it out of a river basin either directly or through one (1) or more intermediaries, first apply for and obtain a permit from the commissioner of environment and conservation, or the commissioner's designee, prior to such diversion or transfer; provided, that in the case of ground water withdrawal, this section shall only apply if the loss of the ground water has a significant potential to adversely affect the flow of a Tennessee surface water. (b) For purposes of determining the amount of an existing inter-basin transfer under this section, it is the average daily amount calculated for the highest continuous 90-day period between January 1, 1997, and December 31, 1999; provided, that nothing whatsoever in this section shall apply to existing withdrawals by entities described above except that such persons or entities shall be subject to this section when proposing to: (1) Increase the amount of water withdrawn, when some or all of the water will be transferred to a different river basin; or (2) Locate a new intake for withdrawal, when some or all of the water will be transferred to a different river basin. (c) All persons or entities that are issued a permit under subsection (a) shall operate the withdrawal activity in accordance with all terms and conditions of the permit. Acts 2000, ch. 854, §5; T.C.A. § 69-8-204.
(a) All persons or entities: (1) That have been granted powers by the state to acquire water, water rights and associated property by eminent domain or condemnation; or (2) That acquire or supply water for the use or benefit of public water supply systems as defined in § 68-221-703 , shall, when proposing a new or increased withdrawal of surface water or ground water for the purpose of transferring or diverting, or both, some or all of it out of a river basin either directly or through one (1) or more intermediaries, first apply for and obtain a permit from the commissioner of environment and conservation, or the commissioner's designee, prior to such diversion or transfer; provided, that in the case of ground water withdrawal, this section shall only apply if the loss of the ground water has a significant potential to adversely affect the flow of a Tennessee surface water.
(1) That have been granted powers by the state to acquire water, water rights and associated property by eminent domain or condemnation; or
(2) That acquire or supply water for the use or benefit of public water supply systems as defined in § 68-221-703 , shall, when proposing a new or increased withdrawal of surface water or ground water for the purpose of transferring or diverting, or both, some or all of it out of a river basin either directly or through one (1) or more intermediaries, first apply for and obtain a permit from the commissioner of environment and conservation, or the commissioner's designee, prior to such diversion or transfer; provided, that in the case of ground water withdrawal, this section shall only apply if the loss of the ground water has a significant potential to adversely affect the flow of a Tennessee surface water.
shall, when proposing a new or increased withdrawal of surface water or ground water for the purpose of transferring or diverting, or both, some or all of it out of a river basin either directly or through one (1) or more intermediaries, first apply for and obtain a permit from the commissioner of environment and conservation, or the commissioner's designee, prior to such diversion or transfer; provided, that in the case of ground water withdrawal, this section shall only apply if the loss of the ground water has a significant potential to adversely affect the flow of a Tennessee surface water.
(b) For purposes of determining the amount of an existing inter-basin transfer under this section, it is the average daily amount calculated for the highest continuous 90-day period between January 1, 1997, and December 31, 1999; provided, that nothing whatsoever in this section shall apply to existing withdrawals by entities described above except that such persons or entities shall be subject to this section when proposing to: (1) Increase the amount of water withdrawn, when some or all of the water will be transferred to a different river basin; or (2) Locate a new intake for withdrawal, when some or all of the water will be transferred to a different river basin.
(1) Increase the amount of water withdrawn, when some or all of the water will be transferred to a different river basin; or
(2) Locate a new intake for withdrawal, when some or all of the water will be transferred to a different river basin.
(c) All persons or entities that are issued a permit under subsection (a) shall operate the withdrawal activity in accordance with all terms and conditions of the permit.
Acts 2000, ch. 854, §5; T.C.A. § 69-8-204.
Tenn. Code Ann. § 69-1-113 — TN Code / Title 69 / Chapter 1 / Section 69-1-113
Forfeiture for obstructing stream
Status: in_force

Any person who obstructs for twenty-four (24) hours, in any way, that part of the stream directed to be left open, or fails to open slopes as the commissioners may judge necessary, forfeits twenty dollars ($20.00), one half (½) to go to the county, and the other one half (½) to any person suing for it. Code 1858, § 1315 (deriv. Acts 1787, ch. 15, § 2); Shan., § 1827; Code 1932, § 3091; T.C.A. (orig. ed.), § 70-116.
Any person who obstructs for twenty-four (24) hours, in any way, that part of the stream directed to be left open, or fails to open slopes as the commissioners may judge necessary, forfeits twenty dollars ($20.00), one half (½) to go to the county, and the other one half (½) to any person suing for it.
Code 1858, § 1315 (deriv. Acts 1787, ch. 15, § 2); Shan., § 1827; Code 1932, § 3091; T.C.A. (orig. ed.), § 70-116.
Tenn. Code Ann. § 69-2-104 — TN Code / Title 69 / Chapter 2 / Section 69-2-104
Transportation department employees - Duties
Status: in_force

The commissioner may designate any employees of the department to perform services involved in the execution of this chapter, and such employees shall render such services without additional compensation. Acts 1935, ch. 36, § 4; C. Supp. 1950, § 3252.4 (Williams, § 3260.4); impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, §7; T.C.A. (orig. ed.), § 70-204.
The commissioner may designate any employees of the department to perform services involved in the execution of this chapter, and such employees shall render such services without additional compensation.
Acts 1935, ch. 36, § 4; C. Supp. 1950, § 3252.4 (Williams, § 3260.4); impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, §7; T.C.A. (orig. ed.), § 70-204.
Tenn. Code Ann. § 69-9-221 — TN Code / Title 69 / Chapter 9 / Section 69-9-221
Restrictions on wakeboarding or wakesurfing
Status: in_force

(a) Except as provided in subsection (c), a person shall not engage in wakeboarding or wakesurfing in the waters of Tennessee: (1) Between sunset and sunrise; (2) On a body of water that is less than fifty (50) acres in size; (3) On a portion of a body of water with a width, measured from the nearest shoreline to the second nearest shoreline, of less than four hundred feet (400'); (4) Within two hundred feet (200') of a shoreline, or a dock, pier, boathouse, or other structure located completely or partly on the water; and (5) Without wearing a personal flotation device approved by the United States coast guard. (b) Except as provided in subsection (c), a person shall not engage in wakesurfing in the waters of Tennessee using a motorboat that has a propulsion system that extends beyond the motorboat's boarding or swim platform. (c) Subsections (a) and (b) do not apply to a regatta, race, trail run, parade, tournament, or exhibition on the waters of Tennessee for which an aquatic event application has been submitted to and approved by the executive director pursuant to § 69-9-211 . Added by 2022 Tenn. Acts, ch. 872, s 2, eff. 7/1/2022.
(a) Except as provided in subsection (c), a person shall not engage in wakeboarding or wakesurfing in the waters of Tennessee: (1) Between sunset and sunrise; (2) On a body of water that is less than fifty (50) acres in size; (3) On a portion of a body of water with a width, measured from the nearest shoreline to the second nearest shoreline, of less than four hundred feet (400'); (4) Within two hundred feet (200') of a shoreline, or a dock, pier, boathouse, or other structure located completely or partly on the water; and (5) Without wearing a personal flotation device approved by the United States coast guard.
(1) Between sunset and sunrise;
(2) On a body of water that is less than fifty (50) acres in size;
(3) On a portion of a body of water with a width, measured from the nearest shoreline to the second nearest shoreline, of less than four hundred feet (400');
(4) Within two hundred feet (200') of a shoreline, or a dock, pier, boathouse, or other structure located completely or partly on the water; and
(5) Without wearing a personal flotation device approved by the United States coast guard.
(b) Except as provided in subsection (c), a person shall not engage in wakesurfing in the waters of Tennessee using a motorboat that has a propulsion system that extends beyond the motorboat's boarding or swim platform.
(c) Subsections (a) and (b) do not apply to a regatta, race, trail run, parade, tournament, or exhibition on the waters of Tennessee for which an aquatic event application has been submitted to and approved by the executive director pursuant to § 69-9-211 .
Added by 2022 Tenn. Acts, ch. 872, s 2, eff. 7/1/2022.
Tenn. Code Ann. § 69-7-101 — TN Code / Title 69 / Chapter 7 / Section 69-7-101
Water resources division created - Appointment of director and assistants
Status: in_force

(a) There is hereby created and established within the department of environment and conservation a division to be known as the water resources division. (b) The commissioner of environment and conservation shall, with the approval of the governor, appoint a director of the water resources division, who shall be known as the director of the water resources division, and such other professional and clerical assistants as may be required to discharge the duties imposed under this part upon the division. (c) The director of the water resources division shall be a registered professional engineer or have administrative experience and training or experience in the general field of water resources and hydraulics. Acts 1957, ch. 19, § 3; impl. am. Acts 1959, ch. 9, § 11; impl. am. Acts 1963, ch. 169, § 3; 1972, ch. 860, § 1; T.C.A., § 70-2001; T.C.A. § 69-8-101 .
(a) There is hereby created and established within the department of environment and conservation a division to be known as the water resources division.
(b) The commissioner of environment and conservation shall, with the approval of the governor, appoint a director of the water resources division, who shall be known as the director of the water resources division, and such other professional and clerical assistants as may be required to discharge the duties imposed under this part upon the division.
(c) The director of the water resources division shall be a registered professional engineer or have administrative experience and training or experience in the general field of water resources and hydraulics.
Acts 1957, ch. 19, § 3; impl. am. Acts 1959, ch. 9, § 11; impl. am. Acts 1963, ch. 169, § 3; 1972, ch. 860, § 1; T.C.A., § 70-2001; T.C.A. § 69-8-101 .
Tenn. Code Ann. § 69-5-126 — TN Code / Title 69 / Chapter 5 / Section 69-5-126
Special assessment - Appeal
Status: in_force

Any party aggrieved may appeal from the decision of the court in making or refusing to make the assessment. The appeal shall be made in the same manner and upon the same terms provided for appeals from the action of the court in creating or refusing to create a drainage district as provided in part 5 of this chapter. Acts 1923, ch. 55, § 1; Shan. Supp., § 3871a30b4; Code 1932, § 4243; T.C.A. (orig. ed.), § 70-733; T.C.A. § 69-6-126 .
Any party aggrieved may appeal from the decision of the court in making or refusing to make the assessment. The appeal shall be made in the same manner and upon the same terms provided for appeals from the action of the court in creating or refusing to create a drainage district as provided in part 5 of this chapter.
Acts 1923, ch. 55, § 1; Shan. Supp., § 3871a30b4; Code 1932, § 4243; T.C.A. (orig. ed.), § 70-733; T.C.A. § 69-6-126 .
Tenn. Code Ann. § 69-3-101 — TN Code / Title 69 / Chapter 3 / Section 69-3-101
Short title
Status: in_force

This part shall be known as the "Water Quality Control Act of 1977." Acts 1971, ch. 164, § 1; 1977, ch. 366, § 1; T.C.A., § 70-324.
This part shall be known as the "Water Quality Control Act of 1977."
Acts 1971, ch. 164, § 1; 1977, ch. 366, § 1; T.C.A., § 70-324.
Tenn. Code Ann. § 69-5-707 — TN Code / Title 69 / Chapter 5 / Section 69-5-707
Engineer
Status: in_force

The board of directors shall employ a competent engineer to take charge and supervision of the construction of such improvement work, contracting with the engineer for compensation for services in such sum or at such rate as may be agreed upon, and to be paid as other expenses of such district. The directors may remove such engineer and contract with another, if they see fit for any reason. Acts 1909, ch. 185, §§ 20, 36; Shan., §§ 3871a87, 3871a137; Code 1932, §§ 4315, 4372; T.C.A. (orig. ed.), § 70-1213; T.C.A. § 69-6-707.
The board of directors shall employ a competent engineer to take charge and supervision of the construction of such improvement work, contracting with the engineer for compensation for services in such sum or at such rate as may be agreed upon, and to be paid as other expenses of such district. The directors may remove such engineer and contract with another, if they see fit for any reason.
Acts 1909, ch. 185, §§ 20, 36; Shan., §§ 3871a87, 3871a137; Code 1932, §§ 4315, 4372; T.C.A. (orig. ed.), § 70-1213; T.C.A. § 69-6-707.
Tenn. Code Ann. § 69-5-826 — TN Code / Title 69 / Chapter 5 / Section 69-5-826
Vestiture of title subject to other assessments - Writ of possession
Status: in_force

Upon confirmation of a sale of land by the chancery court, it shall divest title out of the owner and vest it in the purchaser; provided, that the owner of the land shall continue in possession, and shall be entitled to the rents and profits thereof until the expiration of two (2) years from the date of confirmation, at the expiration of which two (2) years, and not before, the clerk and master may, on application, issue to the purchaser a writ of possession for the land. Where title is so vested in a purchaser or a purchaser's heirs or assigns, the land shall be subject to any other assessments not yet due or unpaid, that may have been fixed or levied upon it at the time of such confirmation of sale, for the benefit of the improvement district on account of which such sale has been made. Acts 1909, ch. 185, § 33; Shan., § 3871a129; Acts 1929, ch. 73, § 1; Code 1932, § 4361; T.C.A. (orig. ed.), § 70-1330; T.C.A. § 69-6-826.
Upon confirmation of a sale of land by the chancery court, it shall divest title out of the owner and vest it in the purchaser; provided, that the owner of the land shall continue in possession, and shall be entitled to the rents and profits thereof until the expiration of two (2) years from the date of confirmation, at the expiration of which two (2) years, and not before, the clerk and master may, on application, issue to the purchaser a writ of possession for the land. Where title is so vested in a purchaser or a purchaser's heirs or assigns, the land shall be subject to any other assessments not yet due or unpaid, that may have been fixed or levied upon it at the time of such confirmation of sale, for the benefit of the improvement district on account of which such sale has been made.
Acts 1909, ch. 185, § 33; Shan., § 3871a129; Acts 1929, ch. 73, § 1; Code 1932, § 4361; T.C.A. (orig. ed.), § 70-1330; T.C.A. § 69-6-826.
Tenn. Code Ann. § 69-5-822 — TN Code / Title 69 / Chapter 5 / Section 69-5-822
Delinquent list is prima facie evidence
Status: in_force

When it is desired by the board of directors, or other interested party entitled to sue, to file such bill, the county trustee, upon request, shall make out a statement or list, showing all the lands upon which such assessments are so delinquent, and the names of the owners thereof, as appear upon the drainage assessment book or showing any tract or tracts assessed to unknown owners, if such is the case, and certify as trustee to the correctness of such statement or list as it appears upon the book, and in such chancery suit the certified statement or list shall be prima facie proof of the facts so certified to and that such assessments are delinquent, and sufficient proof to authorize a decree of sale in the absence of rebutting proof of the facts shown by the certified statement. Acts 1909, ch. 185, § 33; Shan., § 3871a126; Code 1932, § 4357; T.C.A. (orig. ed.), § 70-1326; T.C.A. § 69-6-822.
When it is desired by the board of directors, or other interested party entitled to sue, to file such bill, the county trustee, upon request, shall make out a statement or list, showing all the lands upon which such assessments are so delinquent, and the names of the owners thereof, as appear upon the drainage assessment book or showing any tract or tracts assessed to unknown owners, if such is the case, and certify as trustee to the correctness of such statement or list as it appears upon the book, and in such chancery suit the certified statement or list shall be prima facie proof of the facts so certified to and that such assessments are delinquent, and sufficient proof to authorize a decree of sale in the absence of rebutting proof of the facts shown by the certified statement.
Acts 1909, ch. 185, § 33; Shan., § 3871a126; Code 1932, § 4357; T.C.A. (orig. ed.), § 70-1326; T.C.A. § 69-6-822.
Tenn. Code Ann. § 69-5-1001 — TN Code / Title 69 / Chapter 5 / Section 69-5-1001
Application by petitions - Engineer - Viewers
Status: in_force

(a) Where a proposed or desired improvement will require a location in more than one (1) county, applications by petition shall be made to the county court of each of the counties as provided by part 1 of this chapter for applications where the improvement to be made lies wholly in one (1) county, and signed by one (1) or more persons owning lands lying in each county to be affected, or assessed for the proposed improvement. (b) When such petitions have been filed, the county court of the county in which the larger or largest percent of the lands to be affected by such improvement lies shall appoint a competent engineer to make survey, of such proposed improvement district in the same manner as when the proposed improvement lies wholly in one (1) county, and such engineer shall proceed in the same manner as when the improvement lies wholly in one (1) county, and the engineer shall make out duplicate reports of the survey and work and file one (1) with each of the county clerks in the counties where the petition for such improvement is filed. After the reports of the engineer are so filed, the county court of each of the counties shall proceed as provided in part 1 of this chapter for improvement districts located wholly in one (1) county until the point in the proceeding is reached when viewers are to be appointed to assess damages, as provided by part 2 of this chapter. As to such viewers, the county court of the county in which the larger or largest percent of the lands to be affected or assessed on account of such improvement is located, or lies, shall appoint two (2) viewers, and one (1) of whom shall be appointed by the county court of each of the other counties concerned, if more than one (1) other county, and if only one (1) other, by the county court of such county, the viewers to have the same qualifications, as provided for viewers in part 2 of this chapter. When so appointed, the viewers shall meet as soon as practicable at some convenient point to be designated by the clerk of the county, the court of which appoints two (2) of the viewers, and shall then proceed to assess damages, as provided in part 2 of this chapter for districts lying in one (1) county only, the engineer rendering them like assistance, as provided in part 2 of this chapter. When their work is completed, the viewers shall make out one (1) copy of their report for each of the counties, signing same, and shall file a copy of such report with each of the county clerks of the counties where such petitions have been filed for the establishment of such improvement or district. Acts 1909, ch. 185, § 29; Shan., § 3871a116; Code 1932, §4345; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 70-1501; T.C.A. § 69-6-1001.
(a) Where a proposed or desired improvement will require a location in more than one (1) county, applications by petition shall be made to the county court of each of the counties as provided by part 1 of this chapter for applications where the improvement to be made lies wholly in one (1) county, and signed by one (1) or more persons owning lands lying in each county to be affected, or assessed for the proposed improvement.
(b) When such petitions have been filed, the county court of the county in which the larger or largest percent of the lands to be affected by such improvement lies shall appoint a competent engineer to make survey, of such proposed improvement district in the same manner as when the proposed improvement lies wholly in one (1) county, and such engineer shall proceed in the same manner as when the improvement lies wholly in one (1) county, and the engineer shall make out duplicate reports of the survey and work and file one (1) with each of the county clerks in the counties where the petition for such improvement is filed. After the reports of the engineer are so filed, the county court of each of the counties shall proceed as provided in part 1 of this chapter for improvement districts located wholly in one (1) county until the point in the proceeding is reached when viewers are to be appointed to assess damages, as provided by part 2 of this chapter. As to such viewers, the county court of the county in which the larger or largest percent of the lands to be affected or assessed on account of such improvement is located, or lies, shall appoint two (2) viewers, and one (1) of whom shall be appointed by the county court of each of the other counties concerned, if more than one (1) other county, and if only one (1) other, by the county court of such county, the viewers to have the same qualifications, as provided for viewers in part 2 of this chapter. When so appointed, the viewers shall meet as soon as practicable at some convenient point to be designated by the clerk of the county, the court of which appoints two (2) of the viewers, and shall then proceed to assess damages, as provided in part 2 of this chapter for districts lying in one (1) county only, the engineer rendering them like assistance, as provided in part 2 of this chapter. When their work is completed, the viewers shall make out one (1) copy of their report for each of the counties, signing same, and shall file a copy of such report with each of the county clerks of the counties where such petitions have been filed for the establishment of such improvement or district.
Acts 1909, ch. 185, § 29; Shan., § 3871a116; Code 1932, §4345; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 70-1501; T.C.A. § 69-6-1001.
Tenn. Code Ann. § 69-3-201 — TN Code / Title 69 / Chapter 3 / Section 69-3-201
Stream mapping project established
Status: in_force

The department of environment and conservation is hereby directed to conduct a stream mapping project in the Red River and Barren River watersheds of Sumner County. Acts 1998, ch. 623, §1; T.C.A. § 69-3-301 .
The department of environment and conservation is hereby directed to conduct a stream mapping project in the Red River and Barren River watersheds of Sumner County.
Acts 1998, ch. 623, §1; T.C.A. § 69-3-301 .
Tenn. Code Ann. § 69-5-308 — TN Code / Title 69 / Chapter 5 / Section 69-5-308
Publication
Status: in_force

If such district lies in more than one (1) county, publication need only be made in one (1) weekly newspaper published in each of the counties having land embraced within the district. If there are daily newspapers published in any county, but no weekly newspaper, it shall be sufficient, if such publication is made in a daily paper of such county, one (1) day in each week for the length of time required instead of in a weekly newspaper. Acts 1915, ch. 63, §8; Shan., § 3871a58; Code 1932, § 4286; T.C.A. (orig. ed.), § 70-908; T.C.A. § 69-6-308.
If such district lies in more than one (1) county, publication need only be made in one (1) weekly newspaper published in each of the counties having land embraced within the district. If there are daily newspapers published in any county, but no weekly newspaper, it shall be sufficient, if such publication is made in a daily paper of such county, one (1) day in each week for the length of time required instead of in a weekly newspaper.
Acts 1915, ch. 63, §8; Shan., § 3871a58; Code 1932, § 4286; T.C.A. (orig. ed.), § 70-908; T.C.A. § 69-6-308.
Tenn. Code Ann. § 69-5-704 — TN Code / Title 69 / Chapter 5 / Section 69-5-704
Deposits by bidders
Status: in_force

Each person bidding for such work shall deposit with the treasurer of the board of directors in cash or certified check a sum equal to ten percent (10%) of the amount of the bid, not in any event, however, to exceed ten thousand dollars ($10,000), or file a solvent bond for that amount conditioned to execute the contract if entered into. The deposit or bond shall be returned to the person if the bid is not successful; if the bid is successful, the deposit or bond shall be retained as a guarantee only of the person's good faith in entering on the contract. Acts 1909, ch. 185, § 19; Shan., § 3871a85; Acts 1921, ch. 144, § 2; mod. Code 1932, § 4313; T.C.A. (orig. ed.), § 70-1210; T.C.A. § 69-6-704.
Each person bidding for such work shall deposit with the treasurer of the board of directors in cash or certified check a sum equal to ten percent (10%) of the amount of the bid, not in any event, however, to exceed ten thousand dollars ($10,000), or file a solvent bond for that amount conditioned to execute the contract if entered into. The deposit or bond shall be returned to the person if the bid is not successful; if the bid is successful, the deposit or bond shall be retained as a guarantee only of the person's good faith in entering on the contract.
Acts 1909, ch. 185, § 19; Shan., § 3871a85; Acts 1921, ch. 144, § 2; mod. Code 1932, § 4313; T.C.A. (orig. ed.), § 70-1210; T.C.A. § 69-6-704.
Tenn. Code Ann. § 69-11-113 — TN Code / Title 69 / Chapter 11 / Section 69-11-113
Duration of certificates
Status: in_force

Certificates of approval shall be for a definite period of time, not to exceed five (5) years, as determined by the commissioner and stated on the certificate. In determining the period of approval, the commissioner may take account of any circumstances pertinent to the situation, including, but not limited to, the size and type of dam, topography, geology, soil conditions, hydrology, climate, use of the reservoir and the lands lying in the floodplain downstream from the dam, and the hazard category of the dam. Acts 1973, ch. 182, § 5; T.C.A., § 70-2514; T.C.A. § 69-12-113.
Certificates of approval shall be for a definite period of time, not to exceed five (5) years, as determined by the commissioner and stated on the certificate. In determining the period of approval, the commissioner may take account of any circumstances pertinent to the situation, including, but not limited to, the size and type of dam, topography, geology, soil conditions, hydrology, climate, use of the reservoir and the lands lying in the floodplain downstream from the dam, and the hazard category of the dam.
Acts 1973, ch. 182, § 5; T.C.A., § 70-2514; T.C.A. § 69-12-113.
Tenn. Code Ann. § 69-6-148 — TN Code / Title 69 / Chapter 6 / Section 69-6-148
Dissolution of district
Status: in_force

(a) A watershed district may be dissolved in the same way and manner as provided for general welfare and nonprofit corporations as set out in title 48, chapters 51-68. The watershed district shall file a true and correct copy of the dissolution with the Tennessee soil and water conservation commission. (b) In addition, the watershed district shall be dissolved by operation of law at the expiration of ten (10) years in the event that none of the corporate powers bestowed upon such corporations by this chapter are used. In the event a watershed district is dissolved under this subsection (b), the chair of the Tennessee soil and water conservation commission shall file a notice of dissolution with the secretary of state and upon such filing the watershed district shall no longer be deemed to exist. The chair of the Tennessee soil and water conservation commission shall file a true and correct copy of the notice of dissolution with the register of deeds of the county or counties in which the watershed district is located. Amended by 2021 Tenn. Acts, ch. 203, s 34, eff. 4/22/2021. Acts 1955, ch. 112, § 32; modified; T.C.A., § 70-1848; T.C.A. §69-7-148; Acts 2012 , ch. 573, §§ 2, 3.
(a) A watershed district may be dissolved in the same way and manner as provided for general welfare and nonprofit corporations as set out in title 48, chapters 51-68. The watershed district shall file a true and correct copy of the dissolution with the Tennessee soil and water conservation commission.
(b) In addition, the watershed district shall be dissolved by operation of law at the expiration of ten (10) years in the event that none of the corporate powers bestowed upon such corporations by this chapter are used. In the event a watershed district is dissolved under this subsection (b), the chair of the Tennessee soil and water conservation commission shall file a notice of dissolution with the secretary of state and upon such filing the watershed district shall no longer be deemed to exist. The chair of the Tennessee soil and water conservation commission shall file a true and correct copy of the notice of dissolution with the register of deeds of the county or counties in which the watershed district is located.
Amended by 2021 Tenn. Acts, ch. 203, s 34, eff. 4/22/2021.
Acts 1955, ch. 112, § 32; modified; T.C.A., § 70-1848; T.C.A. §69-7-148; Acts 2012 , ch. 573, §§ 2, 3.
Tenn. Code Ann. § 69-5-406 — TN Code / Title 69 / Chapter 5 / Section 69-5-406
Mistake in owner's identity - Appeal
Status: in_force

From a decree of the county court correcting a mistake in the owner's identity, any aggrieved party may appeal to the circuit court of the county, upon giving bonds for costs within ten (10) days after the decree in such amount as the county court may fix, and the cause shall be heard de novo in the circuit court, and from the judgment of such circuit court, appeals shall lie as provided by the Tennessee Rules of Appellate Procedure. Acts 1921, ch. 144, § 1; Shan. Supp., § 3871a51b6; Code 1932, § 4274; Acts 1981, ch. 449, § 2; T.C.A. (orig. ed.), § 70-1006; T.C.A. § 69-6-406.
From a decree of the county court correcting a mistake in the owner's identity, any aggrieved party may appeal to the circuit court of the county, upon giving bonds for costs within ten (10) days after the decree in such amount as the county court may fix, and the cause shall be heard de novo in the circuit court, and from the judgment of such circuit court, appeals shall lie as provided by the Tennessee Rules of Appellate Procedure.
Acts 1921, ch. 144, § 1; Shan. Supp., § 3871a51b6; Code 1932, § 4274; Acts 1981, ch. 449, § 2; T.C.A. (orig. ed.), § 70-1006; T.C.A. § 69-6-406.
Tenn. Code Ann. § 69-2-102 — TN Code / Title 69 / Chapter 2 / Section 69-2-102
Powers of commissioner
Status: in_force

In the acquisition, maintenance, and operation of the facilities authorized under this chapter, the commissioner has all the powers conferred by and shall be subject to all the provisions contained in title 54, chapters 1-5 insofar as such powers and provisions may be applicable to the acquisition, maintenance, and operation of the facilities. Acts 1935, ch. 36, § 2; C. Supp. 1950, § 3252.2 (Williams, § 3260.2); modified; T.C.A. (orig. ed.), § 70-202.
In the acquisition, maintenance, and operation of the facilities authorized under this chapter, the commissioner has all the powers conferred by and shall be subject to all the provisions contained in title 54, chapters 1-5 insofar as such powers and provisions may be applicable to the acquisition, maintenance, and operation of the facilities.
Acts 1935, ch. 36, § 2; C. Supp. 1950, § 3252.2 (Williams, § 3260.2); modified; T.C.A. (orig. ed.), § 70-202.
Tenn. Code Ann. § 69-5-928 — TN Code / Title 69 / Chapter 5 / Section 69-5-928
Borrowing money to pay bonds and interest
Status: in_force

If in any year, on account of the delinquent assessments, and the incidental delay in enforcing their collection, the funds are insufficient to pay the bonds and interest, or bonds or interest maturing for payment in that year, the board of directors of the district has the power to borrow the necessary money to make up the deficiency and prevent default, and may make a note or notes, in the name of the drainage district, or drainage and levee district, signed by the board officially. For security, the board may pledge or bind, for the payment of the note or notes, the delinquent, or unpaid assessment, for the particular year. The delinquent assessments, when collected, shall constitute a fund for the payment of the money borrowed. The amount so borrowed by the board of directors shall be paid to the trustee of the county to be used by the trustee as other funds are used in the payment of the bonds and interest maturing. Acts 1915, ch. 63, §4; Shan., § 3871a134; Code 1932, § 4366; T.C.A. (orig. ed.), § 70-1429; T.C.A. § 69-6-928.
If in any year, on account of the delinquent assessments, and the incidental delay in enforcing their collection, the funds are insufficient to pay the bonds and interest, or bonds or interest maturing for payment in that year, the board of directors of the district has the power to borrow the necessary money to make up the deficiency and prevent default, and may make a note or notes, in the name of the drainage district, or drainage and levee district, signed by the board officially. For security, the board may pledge or bind, for the payment of the note or notes, the delinquent, or unpaid assessment, for the particular year. The delinquent assessments, when collected, shall constitute a fund for the payment of the money borrowed. The amount so borrowed by the board of directors shall be paid to the trustee of the county to be used by the trustee as other funds are used in the payment of the bonds and interest maturing.
Acts 1915, ch. 63, §4; Shan., § 3871a134; Code 1932, § 4366; T.C.A. (orig. ed.), § 70-1429; T.C.A. § 69-6-928.
Tenn. Code Ann. § 69-7-104 — TN Code / Title 69 / Chapter 7 / Section 69-7-104
Term of employment - Compensation
Status: in_force

The director of water resources division and such professional and clerical assistants as may be employed serve at the pleasure of the commissioner and their compensation is fixed and determined by the commissioner with the approval of the governor. Acts 1957, ch. 19, § 6; impl. am. Acts 1959, ch. 9, § 11; impl. am. Acts 1963, ch. 169, § 3; Acts 1972, ch. 860, § 2; T.C.A., § 70-2004; T.C.A. § 69-8-104 .
The director of water resources division and such professional and clerical assistants as may be employed serve at the pleasure of the commissioner and their compensation is fixed and determined by the commissioner with the approval of the governor.
Acts 1957, ch. 19, § 6; impl. am. Acts 1959, ch. 9, § 11; impl. am. Acts 1963, ch. 169, § 3; Acts 1972, ch. 860, § 2; T.C.A., § 70-2004; T.C.A. § 69-8-104 .
Tenn. Code Ann. § 69-3-102 — TN Code / Title 69 / Chapter 3 / Section 69-3-102
Declaration of policy and purpose
Status: in_force

(a) Recognizing that the waters of Tennessee are the property of the state and are held in public trust for the use of the people of the state, it is declared to be the public policy of Tennessee that the people of Tennessee, as beneficiaries of this trust, have a right to unpolluted waters. In the exercise of its public trust over the waters of the state, the government of Tennessee has an obligation to take all prudent steps to secure, protect, and preserve this right. (b) It is further declared that the purpose of this part is to abate existing pollution of the waters of Tennessee, to reclaim polluted waters, to prevent the future pollution of the waters, and to plan for the future use of the waters so that the water resources of Tennessee might be used and enjoyed to the fullest extent consistent with the maintenance of unpolluted waters. (c) Moreover, an additional purpose of this part is to enable the state to qualify for full participation in the national pollutant discharge elimination system (NPDES) established under § 402 of the Federal Water Pollution Control Act, Public Law 92-500 ( 33 U.S.C. § 1342 ). (d) Additionally, it is intended that all procedures in this part shall be in conformity with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 1971, ch. 164, § 2; 1977, ch. 366, § 1; T.C.A., § 70-325; Acts 1992, ch. 684, § 1.
(a) Recognizing that the waters of Tennessee are the property of the state and are held in public trust for the use of the people of the state, it is declared to be the public policy of Tennessee that the people of Tennessee, as beneficiaries of this trust, have a right to unpolluted waters. In the exercise of its public trust over the waters of the state, the government of Tennessee has an obligation to take all prudent steps to secure, protect, and preserve this right.
(b) It is further declared that the purpose of this part is to abate existing pollution of the waters of Tennessee, to reclaim polluted waters, to prevent the future pollution of the waters, and to plan for the future use of the waters so that the water resources of Tennessee might be used and enjoyed to the fullest extent consistent with the maintenance of unpolluted waters.
(c) Moreover, an additional purpose of this part is to enable the state to qualify for full participation in the national pollutant discharge elimination system (NPDES) established under § 402 of the Federal Water Pollution Control Act, Public Law 92-500 ( 33 U.S.C. § 1342 ).
(d) Additionally, it is intended that all procedures in this part shall be in conformity with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 1971, ch. 164, § 2; 1977, ch. 366, § 1; T.C.A., § 70-325; Acts 1992, ch. 684, § 1.
Tenn. Code Ann. § 69-2-106 — TN Code / Title 69 / Chapter 2 / Section 69-2-106
Cooperation of other agencies
Status: in_force

In executing this chapter, the commissioner is authorized to cooperate with and seek and accept the assistance of any subdivision, agency or instrumentality of the state, the United States and any agency or instrumentality thereof or corporation owned thereby. Acts 1935, ch. 36, § 6; C. Supp. 1950, § 3252.6 (Williams, §3260.6); T.C.A. (orig. ed.), § 70-206.
In executing this chapter, the commissioner is authorized to cooperate with and seek and accept the assistance of any subdivision, agency or instrumentality of the state, the United States and any agency or instrumentality thereof or corporation owned thereby.
Acts 1935, ch. 36, § 6; C. Supp. 1950, § 3252.6 (Williams, §3260.6); T.C.A. (orig. ed.), § 70-206.
Tenn. Code Ann. § 69-5-902 — TN Code / Title 69 / Chapter 5 / Section 69-5-902
Payment of assessments before issuance of bonds
Status: in_force

Any property owner may pay the full amount of the benefit assessed against that person's property before the bonds are issued and receive a receipt in full for that amount. Such payment shall be made to the county trustee; it is the duty of the county clerk to certify to the trustee the amount of any such assessment when requested to do so, and the trustee shall enter the amount upon the assessment lists in the trustee's hands in a separate place provided for the assessment, and shall furnish the clerk with duplicate receipts given for all assessments so paid in full, one (1) of which the clerk shall deliver to the county mayor. The trustee shall also give a receipt to the property owner so paying in full. Acts 1909, ch. 185, § 27; Shan., § 3871a108; Code 1932, §4336; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), §70-1402; Acts 2003 , ch. 90, § 2; T.C.A. § 69-6-902.
Any property owner may pay the full amount of the benefit assessed against that person's property before the bonds are issued and receive a receipt in full for that amount. Such payment shall be made to the county trustee; it is the duty of the county clerk to certify to the trustee the amount of any such assessment when requested to do so, and the trustee shall enter the amount upon the assessment lists in the trustee's hands in a separate place provided for the assessment, and shall furnish the clerk with duplicate receipts given for all assessments so paid in full, one (1) of which the clerk shall deliver to the county mayor. The trustee shall also give a receipt to the property owner so paying in full.
Acts 1909, ch. 185, § 27; Shan., § 3871a108; Code 1932, §4336; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), §70-1402; Acts 2003 , ch. 90, § 2; T.C.A. § 69-6-902.
Tenn. Code Ann. § 69-5-602 — TN Code / Title 69 / Chapter 5 / Section 69-5-602
Vacancies - Removal for cause - Trial and appeal
Status: in_force

If there is a vacancy in the office of the director appointed as mentioned in § 69-5-601 , because of death, resignation, or other reason, the county legislative body shall appoint another director of like qualifications to fill such vacancy until the end of the two-year term, and for sufficient reason the county legislative body may remove a director so appointed, but not until such director has had at least five (5) days' notice of the time of the hearing, and of the grounds on which the director should be removed, as alleged, and the director shall thus be entitled to be heard and to introduce proof upon the issue as to whether the director should be so removed as a director. If, on the hearing, the decision of the county legislative body is that the director be removed, the director may appeal from the decision, on giving proper cost bond, to the circuit court of the county, where the matter shall be heard anew and such judgment given as that court deems just and proper. If a director is removed, the county legislative body shall appoint another to serve the remainder of the two-year term, having like qualifications as to ownership of lands, as provided in this part. Acts 1909, ch. 185, § 18; Shan., § 3871a79; Code 1932, § 4307; T.C.A. (orig. ed.), § 70-1202; T.C.A. § 69-6-602.
If there is a vacancy in the office of the director appointed as mentioned in § 69-5-601 , because of death, resignation, or other reason, the county legislative body shall appoint another director of like qualifications to fill such vacancy until the end of the two-year term, and for sufficient reason the county legislative body may remove a director so appointed, but not until such director has had at least five (5) days' notice of the time of the hearing, and of the grounds on which the director should be removed, as alleged, and the director shall thus be entitled to be heard and to introduce proof upon the issue as to whether the director should be so removed as a director. If, on the hearing, the decision of the county legislative body is that the director be removed, the director may appeal from the decision, on giving proper cost bond, to the circuit court of the county, where the matter shall be heard anew and such judgment given as that court deems just and proper. If a director is removed, the county legislative body shall appoint another to serve the remainder of the two-year term, having like qualifications as to ownership of lands, as provided in this part.
Acts 1909, ch. 185, § 18; Shan., § 3871a79; Code 1932, § 4307; T.C.A. (orig. ed.), § 70-1202; T.C.A. § 69-6-602.
Tenn. Code Ann. § 69-9-205 — TN Code / Title 69 / Chapter 9 / Section 69-9-205
Duties of executive director
Status: in_force

The executive director shall: (1) Plan, and submit to the commission, programs for the education of the public in boating safety, for the assignment of identification numbers to motorboats, for the regulation of vessels subject to this chapter, and for the enforcement of this chapter including related cooperation with other agencies and commissions of this state or any political subdivision of other agencies and commissions and with officials of other states and federal government; (2) Make and develop plans, within the limits of available income, for the improvement and promotion of all the waters of Tennessee for recreational purposes, including, but not limited to, the improvement of waterways through the deepening of channels, the acquisition and development of access areas and the removal of obstructions; and (3) Perform such additional educational, administrative and enforcement duties as the commission may lawfully assign. Acts 1965, ch. 334, § 5; 1975, ch. 184, § 8; T.C.A., § 70-2205; T.C.A. § 69-10-205.
The executive director shall:
(1) Plan, and submit to the commission, programs for the education of the public in boating safety, for the assignment of identification numbers to motorboats, for the regulation of vessels subject to this chapter, and for the enforcement of this chapter including related cooperation with other agencies and commissions of this state or any political subdivision of other agencies and commissions and with officials of other states and federal government;
(2) Make and develop plans, within the limits of available income, for the improvement and promotion of all the waters of Tennessee for recreational purposes, including, but not limited to, the improvement of waterways through the deepening of channels, the acquisition and development of access areas and the removal of obstructions; and
(3) Perform such additional educational, administrative and enforcement duties as the commission may lawfully assign.
Acts 1965, ch. 334, § 5; 1975, ch. 184, § 8; T.C.A., § 70-2205; T.C.A. § 69-10-205.
Tenn. Code Ann. § 69-9-102 — TN Code / Title 69 / Chapter 9 / Section 69-9-102
Sewage disposal
Status: in_force

(a) Any person, firm, corporation or business entity operating a commercial boating facility, dock or marina that stores or houses vessels equipped with a toilet and sewage collection tank, or when such facilities are operating on waters in this state, shall provide facilities for the sanitary pumping and disposal of sewage from such collection tanks. (b) The sewage disposal facilities provided for in subsection (a) shall comply with the requirements of title 68 and this title, and are subject to any other regulation of the department of environment and conservation for the disposal of raw sewage. (c) For the purposes of § 69-9-219(a) , each day on which a person, firm, corporation or entity operating such commercial boating facility, dock or marina does not comply with subsection (a) constitutes a separate offense. (d) A person, firm, corporation or business entity operating a commercial boating facility, dock or marina as provided in subsection (a) is exempt from the requirements of this section if such operator has entered into a valid agreement for the disposal of its raw sewage with another local boating facility, dock or marina. This exemption shall apply only where such other facility meets each of the requirements provided in this section for the sanitary pumping and disposal of raw sewage. Acts 1991, ch. 218, § 1; 1992, ch. 693, § 1; T.C.A. § 69-10-102 .
(a) Any person, firm, corporation or business entity operating a commercial boating facility, dock or marina that stores or houses vessels equipped with a toilet and sewage collection tank, or when such facilities are operating on waters in this state, shall provide facilities for the sanitary pumping and disposal of sewage from such collection tanks.
(b) The sewage disposal facilities provided for in subsection (a) shall comply with the requirements of title 68 and this title, and are subject to any other regulation of the department of environment and conservation for the disposal of raw sewage.
(c) For the purposes of § 69-9-219(a) , each day on which a person, firm, corporation or entity operating such commercial boating facility, dock or marina does not comply with subsection (a) constitutes a separate offense.
(d) A person, firm, corporation or business entity operating a commercial boating facility, dock or marina as provided in subsection (a) is exempt from the requirements of this section if such operator has entered into a valid agreement for the disposal of its raw sewage with another local boating facility, dock or marina. This exemption shall apply only where such other facility meets each of the requirements provided in this section for the sanitary pumping and disposal of raw sewage.
Acts 1991, ch. 218, § 1; 1992, ch. 693, § 1; T.C.A. § 69-10-102 .
Tenn. Code Ann. § 69-5-307 — TN Code / Title 69 / Chapter 5 / Section 69-5-307
Description of land - Objection to assessment and apportionment - Notice
Status: in_force

The commissioners shall specify in their report each tract of land by reasonable description and the ownership of the tract as it appears on the tax books of the county or as it has been previously adjudged in the proceeding. Any objection to such assessment and apportionment shall be filed in writing with the county clerk on or before twelve o'clock (12:00) noon of the day the matter of the assessment and apportionment is set for hearing by the court. The assessment may be made without notice, as taxes are assessed without notice in such cases; but publication shall be made in three (3) weekly newspapers published in the county where the proceeding is pending, if there are that number published in the county, otherwise in at least one (1) weekly newspaper, for two (2) consecutive weeks, notifying all parties, concerned in any way, of the date set for hearing the matter of assessment and apportionment by the court, when they may appear and be heard, if they desire. The last of the publications shall be at least five (5) days before the day set for the hearing, and the publication shall be in lieu and stead of notice personally served, but shall not give the names of the parties, but only a brief statement of the date and purpose of such hearing. Acts 1909, ch. 185, § 11; 1913 (1st Ex. Sess.), ch. 25, § 5; Shan., §3871a57; mod. Code 1932, § 4285; Acts 1957, ch. 329, § 1; 1961, ch. 217, § 1; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 70-907; T.C.A. § 69-6-307.
The commissioners shall specify in their report each tract of land by reasonable description and the ownership of the tract as it appears on the tax books of the county or as it has been previously adjudged in the proceeding. Any objection to such assessment and apportionment shall be filed in writing with the county clerk on or before twelve o'clock (12:00) noon of the day the matter of the assessment and apportionment is set for hearing by the court. The assessment may be made without notice, as taxes are assessed without notice in such cases; but publication shall be made in three (3) weekly newspapers published in the county where the proceeding is pending, if there are that number published in the county, otherwise in at least one (1) weekly newspaper, for two (2) consecutive weeks, notifying all parties, concerned in any way, of the date set for hearing the matter of assessment and apportionment by the court, when they may appear and be heard, if they desire. The last of the publications shall be at least five (5) days before the day set for the hearing, and the publication shall be in lieu and stead of notice personally served, but shall not give the names of the parties, but only a brief statement of the date and purpose of such hearing.
Acts 1909, ch. 185, § 11; 1913 (1st Ex. Sess.), ch. 25, § 5; Shan., §3871a57; mod. Code 1932, § 4285; Acts 1957, ch. 329, § 1; 1961, ch. 217, § 1; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 70-907; T.C.A. § 69-6-307.
Tenn. Code Ann. § 69-5-201 — TN Code / Title 69 / Chapter 5 / Section 69-5-201
Claims must be filed or waived - Guardian or conservator
Status: in_force

Any person claiming damages as compensation for the construction of a levee, ditch, drain, or watercourse improvement shall file the claim in the office of the county clerk at least three (3) days prior to the day on which the petition has been set for hearing, and on failure to file such claim at the time specified shall be held to have waived such rights; provided, that if such person be an infant and without regular guardian, or an infant or person adjudicated incompetent and such guardian or conservator has not been notified of the proceeding as provided for notice, and the facts are made to appear by affidavit, the court shall appoint a guardian ad litem for such person, who may file such claim for damages, if deemed proper, for the person within the time above allowed or within three (3) days after being so appointed. Acts 1909, ch. 185, § 5; 1913 (1st Ex. Sess.), ch. 25, § 3; Shan., §3871a31; mod. Code 1932, § 4248; T.C.A. (orig. ed.), § 70-801; T.C.A. §69-6-201; Acts 2011 , ch. 47, § 93.
Any person claiming damages as compensation for the construction of a levee, ditch, drain, or watercourse improvement shall file the claim in the office of the county clerk at least three (3) days prior to the day on which the petition has been set for hearing, and on failure to file such claim at the time specified shall be held to have waived such rights; provided, that if such person be an infant and without regular guardian, or an infant or person adjudicated incompetent and such guardian or conservator has not been notified of the proceeding as provided for notice, and the facts are made to appear by affidavit, the court shall appoint a guardian ad litem for such person, who may file such claim for damages, if deemed proper, for the person within the time above allowed or within three (3) days after being so appointed.
Acts 1909, ch. 185, § 5; 1913 (1st Ex. Sess.), ch. 25, § 3; Shan., §3871a31; mod. Code 1932, § 4248; T.C.A. (orig. ed.), § 70-801; T.C.A. §69-6-201; Acts 2011 , ch. 47, § 93.