reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 3 - WATER POLLUTION CONTROL (§§ 69-3-101 — 69-3-303) › Part 1 - WATER QUALITY CONTROL ACT (§§ 69-3-101 — 69-3-148) › Section 69-3-146 - Stop-work order for rock harvesting operations

(a)
The commissioner is authorized to issue stop-work orders for rock harvesting operations in accordance with this section.
(b)
When rock harvesting activities have polluted waters of the state as a result of an operator's knowing violation of permit conditions, or an operator has failed or refused to obtain permit coverage as required in §
69-3-145
, the commissioner may issue a stop-work order to the operator. The stop-work order shall specify those parts of the rock harvesting activities on site that are contributing to the pollution or require ceasing work until permit coverage is obtained. The stop-work order shall remain in effect until the department determines that the operator has obtained permit coverage and/or has taken all necessary measures to comply with the permit so that further pollution associated with the rock harvesting operations will not occur.
(c)
A written request for a hearing before the board of water quality, oil and gas on the stop-work order shall be filed by the operator with the commissioner within thirty (30) days of the receipt of notice. If the operator files the request and also makes a specific request for an informal meeting with the commissioner to show cause why the stop-work order should not have been issued, the commissioner or the commissioner's designee shall meet with the operator within three (3) working days after the hearing request is filed. Any modification or revocation of the stop-work order shall be in writing. If the commissioner or the commissioner's designee upholds the stop-work order, it shall remain in effect until resolution of the appeal or until the operator comes into compliance. If no request for a hearing is made within thirty (30) days of the receipt of notice, the stop-work order shall be final and shall not be subject to review. In such case, the operator shall stabilize the site within sixty (60) days of the receipt of notice.
(d)
Failure of an operator to comply with a stop-work order issued pursuant to this section shall subject the operator to another violation of this part in addition to any other violations the operator has committed that is subject to the penalties prescribed in §
69-3-115
. The commissioner may also institute proceedings for the confiscation and forfeiture of equipment used in any rock harvesting operation to which a stop-work order has been issued. Such proceedings may be instituted in the chancery court of Davidson County, or in the chancery court of the county in which all or part of the rock harvesting operation is located.
Amended by 2021 Tenn. Acts, ch. 548, s 1, eff. 5/26/2021.
Acts 2011 , ch. 341, § 3.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 3 - WATER POLLUTION CONTROL (§§ 69-3-101 — 69-3-303) › Part 1 - WATER QUALITY CONTROL ACT (§§ 69-3-101 — 69-3-148) › Section 69-3-147 - Rock harvesting governance

Except where a specific provision of §§
69-3-143
- 69-3-147 is applicable, rock harvesting is subject to and shall be governed by this part.
Acts 2011, ch. 341, § 3.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 3 - WATER POLLUTION CONTROL (§§ 69-3-101 — 69-3-303) › Part 1 - WATER QUALITY CONTROL ACT (§§ 69-3-101 — 69-3-148) › Section 69-3-148 - Municipal separate storm sewer systems becoming qualified local programs

(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.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 3 - WATER POLLUTION CONTROL (§§ 69-3-101 — 69-3-303) › Part 2 - STREAM MAPPING IN SUMNER COUNTY WATERSHEDS (§§ 69-3-201 — 69-3-204) › Section 69-3-201 - Stream mapping project established

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
.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 3 - WATER POLLUTION CONTROL (§§ 69-3-101 — 69-3-303) › Part 2 - STREAM MAPPING IN SUMNER COUNTY WATERSHEDS (§§ 69-3-201 — 69-3-204) › Section 69-3-202 - "Stream mapping" defined

As used in this part, unless the context otherwise requires, "stream mapping" means the collection and analysis of water samples along streams that normally exhibit water flow at least six (6) consecutive months per year within a given area.
Acts 1998, ch. 623, §1; T.C.A. §
69-3-302
.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 3 - WATER POLLUTION CONTROL (§§ 69-3-101 — 69-3-303) › Part 2 - STREAM MAPPING IN SUMNER COUNTY WATERSHEDS (§§ 69-3-201 — 69-3-204) › Section 69-3-203 - Guidelines for collection of samples

Water samples collected pursuant to this part shall be collected according to each of the following guidelines:
(1)
At distances along each of the streams in the Red River and Barren River watersheds in Sumner County of no greater than three (3) miles from the previous sample taken;
(2)
At or near the same location for each sampling; and
(3)
On a regular, quarterly basis.
Acts 1998, ch. 623, §1; T.C.A. §
69-3-303
.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 3 - WATER POLLUTION CONTROL (§§ 69-3-101 — 69-3-303) › Part 2 - STREAM MAPPING IN SUMNER COUNTY WATERSHEDS (§§ 69-3-201 — 69-3-204) › Section 69-3-204 - Analysis of samples

Samples collected pursuant to this part shall each be analyzed for pH, ammonia, and biological oxygen demand (BOD) in accordance with the guidelines set forth by the environmental protection agency.
Acts 1998, ch. 623, §1; T.C.A. § 69-3-304.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 3 - WATER POLLUTION CONTROL (§§ 69-3-101 — 69-3-303) › Part 3 - PUBLICATION OF WATER QUALITY ACTIONS (§§ 69-3-301 — 69-3-303) › Section 69-3-301 - Director's and commissioner's orders and enforcement actions and outcomes

All director's and commissioner's orders and all other enforcement actions and outcomes, shall be published weekly in their entirety in one (1) location on the department's website.
Acts 2007, ch. 404, § 2.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 3 - WATER POLLUTION CONTROL (§§ 69-3-101 — 69-3-303) › Part 3 - PUBLICATION OF WATER QUALITY ACTIONS (§§ 69-3-301 — 69-3-303) › Section 69-3-302 - Publication of final orders by the board or an administrative judge

Final orders by the board or an administrative judge shall be published on the department website within five (5) business days, in addition to other publication required by law.
Amended by 2013 Tenn. Acts, ch. 181,s 18, eff. 7/1/2013.
Acts 2007, ch. 404, § 3.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 3 - WATER POLLUTION CONTROL (§§ 69-3-101 — 69-3-303) › Part 3 - PUBLICATION OF WATER QUALITY ACTIONS (§§ 69-3-301 — 69-3-303) › Section 69-3-303 - Notices of intent to appeal

Notices of intent to appeal shall be published on the department website within three (3) business days of receipt, but no later than fourteen (14) days prior to the date the appeal or agreed order will be heard by the board, in addition to other publication required by law.
Acts 2007, ch. 404, § 4.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 4 - LEVEES (§§ 69-4-101 — 69-4-108) › Section 69-4-101 - Bonds for building levees

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
.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 4 - LEVEES (§§ 69-4-101 — 69-4-108) › Section 69-4-103 - Commissioners

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
.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 4 - LEVEES (§§ 69-4-101 — 69-4-108) › Section 69-4-104 - Engineer - Contracts

The levee commissioners shall employ a competent engineer to assist them in the location and construction of such levee, and shall have power to let out contracts for the work.
Acts 1871, ch. 131, §§ 8-10; Shan., §§ 3861-3863; Code 1932, §§ 4199-4201; impl. am. Acts 1978, ch. 934, §§7, 16, 36; T.C.A. (orig. ed.), §§70-607 -- 70-609; Acts 1988, ch. 750, § 69; T.C.A. §
69-5-104
.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 4 - LEVEES (§§ 69-4-101 — 69-4-108) › Section 69-4-105 - Condemnation of real estate for construction of levee

(a)
The commissioners may take the real estate of any person, not exceeding the amount necessary for the construction and maintenance of the levee, by petition filed in the circuit court of the county in which the land lies, setting forth in substance:
(1)
The land wanted;
(2)
The name of the owner, or, if unknown, stating that fact; and
(3)
With a prayer for the land designated to be decreed to the county.
(b)
Notice of the filing of this petition shall be given to the owner of the land, or, if the owner is a nonresident of the county, to the owner's agent, and if a nonresident of the state, notice shall be given in the usual mode by publication in lieu of personal service.
(c)
The notice provided for in subsection (b) for shall require the defendants to appear on the first Monday in some specified month, and be served five (5) days before that day, after which time, if no cause to the contrary is shown, the clerk of the court shall issue a writ of inquiry to the sheriff to summon a jury to inquire and assess the damages, and the report of the jury shall be reduced to writing, signed by a majority of the persons, and returned to the next term of the court.
(d)
If no objection to the report is made, it may be confirmed by the court, and the land decreed to the county, and the amount of damages so assessed to each party by the jury shall be made a part of the record decreeing the title to the county.
(e)
The damages so assessed shall be claimed by the persons interested, by written notice to that effect filed with the clerk of the circuit court, within one (1) year from the confirmation of the report of the jurors, and in case of failure to do so, they shall be forever barred.
Acts 1871, ch. 131, §§ 11-15; Shan., §§ 3864-3868; Code 1932, §§ 4202-4206; T.C.A. (orig. ed.), §§ 70-610--70-614; T.C.A. §
69-5-105
.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 4 - LEVEES (§§ 69-4-101 — 69-4-108) › Section 69-4-106 - Certain sections incorporated in chapter

Sections
29-16-106
,
29-16-108
,
29-16-109
,
29-16-112
,
29-16-113
,
29-16-117
- 29-16-119, and 29-16-121 shall apply to and be taken and construed as parts of this chapter, insofar as they are applicable to the purposes of this chapter.
Acts 1871, ch. 131, § 16; Shan., § 3869; Code 1932, § 4207; T.C.A. (orig. ed.), § 70-615; T.C.A. §
69-5-106
.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 4 - LEVEES (§§ 69-4-101 — 69-4-108) › Section 69-4-107 - Subscriptions

(a)
The commissioners provided for in §
69-4-103
are authorized to accept subscriptions of either money or property for the use of the county appointing them, and they may receive subscriptions, in this manner, of land lying in other counties, and take deeds to the land as trustees of the county.
(b)
The subscriptions so received shall be reported to the county legislative body within one (1) year after having been received, and in case of failure they shall each pay the sum of three hundred dollars ($300), to be collected at the suit of the county trustee, for the use of the county.
Acts 1871, ch. 131, §§ 17, 18; Shan., §§ 3870, 3871; Code 1932, §§ 4208, 4209; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), §§ 70-616, 70-617; T.C.A. §
69-5-107
.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 5 - DRAINAGE AND LEVEE DISTRICTS (§§ 69-5-101 — 69-5-1303) › Part 1 - ESTABLISHMENT AND GENERAL PROVISIONS (§§ 69-5-101 — 69-5-145) › Section 69-5-101 - County may establish levee and drainage districts and change natural watercourses

The county court of any county is vested with the jurisdiction and authority at any regular, special, or adjourned session to establish a drainage district or districts, and to locate and establish levees, and cause to be constructed, as provided in this chapter, any levee, ditch, drain, or watercourse, or to straighten, widen, deepen, or change any natural watercourse in such county, or provide for such action being taken whenever it will be of public utility or conducive to the public health or welfare.
Acts 1909, ch. 185, §1; Shan., § 3871a7; mod. Code 1932, § 4216; T.C.A. (orig. ed.), § 70-701; T.C.A. §
69-6-101
.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 5 - DRAINAGE AND LEVEE DISTRICTS (§§ 69-5-101 — 69-5-1303) › Part 1 - ESTABLISHMENT AND GENERAL PROVISIONS (§§ 69-5-101 — 69-5-145) › Section 69-5-102 - Judicial jurisdiction and authority

The court vested with the judicial jurisdiction and authority in this chapter is the circuit court, unless provided otherwise by public, private, local, or special act of the general assembly.
Acts 1909, ch. 185, §1; Shan., § 3871a8; Code 1932, §4217; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), §70-702; Acts 1983, ch. 256, § 1; T.C.A. §
69-6-102
.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 5 - DRAINAGE AND LEVEE DISTRICTS (§§ 69-5-101 — 69-5-1303) › Part 1 - ESTABLISHMENT AND GENERAL PROVISIONS (§§ 69-5-101 — 69-5-145) › Section 69-5-103 - Petition for establishment of district - Bond for preliminary expenses

Before any county court establishes a drainage or levee district, or any levee, ditch, drain, or watercourse improvement, as provided for in this chapter, a petition, signed as prescribed in §
69-5-104
, shall be filed in the office of the county clerk of the county in which the improvement is expected to be made, setting forth that any body or district of land in such county, described by metes and bounds or otherwise, so as to convey an intelligible description of such lands, is subject to overflow, or too wet for profitable cultivation, and that the public health or welfare will be promoted by draining, ditching, or leveeing it, or by changing a natural watercourse, or by in part changing such watercourse by cutting across its bends and shortening its length, or by cleaning out its natural bed or deepening or enlarging such bed, or by giving such watercourse a new outlet, or any or all of these and similar things pertaining to the proposed improvement, and setting forth in the petition as near as may be the starting point, route, and terminus, and lateral branches, if with proper prayer for purpose desired; and there shall be filed with the petition a bond, with good security, in such penal sum as the clerk may deem adequate, to be approved by the clerk, and conditioned for the payment of all preliminary expenses until refunded, and of all costs and expenses incurred in the proceedings in case the county court does not grant the prayer of the petition, or the petition is dismissed for any cause. The county court may at any time deemed proper order the bond increased in penalty or in sufficiency, and make all necessary orders to this end.
Acts 1909, ch. 185, §2; Shan., § 3871a9; Code 1932, §4218; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 70-703; T.C.A. §
69-6-103
.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 5 - DRAINAGE AND LEVEE DISTRICTS (§§ 69-5-101 — 69-5-1303) › Part 1 - ESTABLISHMENT AND GENERAL PROVISIONS (§§ 69-5-101 — 69-5-145) › Section 69-5-104 - Qualifications of petitioners

The petition shall be signed by persons who own a majority of the acreage to be included in the proposed district.
Acts 1923, ch. 20, § 2; 1925, ch. 26, §§ 1, 2; Shan. Supp., § 3871a9; mod. Code 1932, § 4218a; Acts 1953, ch. 23, § 1; T.C.A. (orig. ed.), §70-704; T.C.A. §
69-6-104
.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 5 - DRAINAGE AND LEVEE DISTRICTS (§§ 69-5-101 — 69-5-1303) › Part 1 - ESTABLISHMENT AND GENERAL PROVISIONS (§§ 69-5-101 — 69-5-145) › Section 69-5-105 - Compensation of attorneys

The petitioners for the proposed district are authorized to employ counsel or attorneys to assist in filing the petition and in all preliminary matters necessary in having such district established, and attending to the matters thereof, so far as may be necessary and so far as the county court may think needed after the district is ordered established, contracting with such attorneys for the amount to be paid for their services, which contract shall be approved by the county court, if deemed reasonable; and if not deemed reasonable, the county court shall, by order, fix the amount to be allowed for such legal services, the court fixing such amount as it deems reasonable and proper; and the amount of fees thus fixed shall become a debt and charge against the district as other preliminary expenses are, such as charges for services of an engineer, and be paid in like manner.
Acts 1913 (1st Ex. Sess.), ch. 25, § 13; Shan., § 3871a141; Code 1932, §4376; T.C.A. (orig. ed.), § 70-705; ; T.C.A. §
69-6-105
.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 5 - DRAINAGE AND LEVEE DISTRICTS (§§ 69-5-101 — 69-5-1303) › Part 1 - ESTABLISHMENT AND GENERAL PROVISIONS (§§ 69-5-101 — 69-5-145) › Section 69-5-106 - Petitioners' committee

The petitioners are authorized to select from their number a committee of three (3) or five (5), as they shall deem expedient, which committee shall act for the petitioners in all such preliminary matters as their services may be needed in having the district established, and which committee shall have the power to bind the petitioners in all preliminary matters looking to the establishment of the district. This committee shall elect out of its members such officers as it deems necessary, and shall keep a record of the committee's proceedings. The members of this committee shall receive for service such compensation as shall be fixed by the county court, which shall be paid out of the funds of the district when established in the same way as is provided for the payments of other just charges against the district.
Acts 1913 (1st Ex. Sess.), ch. 25, § 13; Shan., § 3871a142; Code 1932, §4377; T.C.A. (orig. ed.), § 70-706; ; T.C.A. §
69-6-106
.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 5 - DRAINAGE AND LEVEE DISTRICTS (§§ 69-5-101 — 69-5-1303) › Part 1 - ESTABLISHMENT AND GENERAL PROVISIONS (§§ 69-5-101 — 69-5-145) › Section 69-5-107 - Preliminary hearing - Notice and requisites

When a petition is filed with all the necessary allegations, is sworn to by one (1) or more petitioners, and shows that fifty-one percent (51%) in acres of the land within the bounds of the district sought to be created is owned by the petitioners, and as further required by §
69-5-103
; when the petition is accompanied by a general plat, and a general description of the district sought to be created; when a description, by surrounding landowners, is given in the petition, of the respective tracts of land within the bounds and the names of the owners of the tracts, who are not petitioners are set out in the petition; when the petitioners ask that provision be made for funds to defray the preliminary costs and expenses up to the stage in the proceedings where the report of the commissioners for the assessment of benefits have been filed and confirmed; and when the court deems it expedient that provision should be made for such a fund, to cover the preliminary costs and expenses; then the court shall set a day for the hearing, and direct that publication for all landowners set out in the petition, who are not petitioners, be made in some newspaper published in the county in which the district is located, and if located in more than one (1) county, then in a newspaper in each county, in which the lands in the proposed district are located, the publications to be for three (3) consecutive weeks, the last publication to be at least ten (10) days before the day set for the hearing; and the publication shall notify such landowners of the pending suit, the prayer for the creation of a fund to pay the preliminary costs and expenses, the day fixed for the hearing, and notify them to appear and show cause why an assessment to create the fund should not be made.
Acts 1915, ch. 63, §1; Shan., § 3871a10; mod. Code 1932, § 4219; T.C.A. (orig. ed.), § 70-707; T.C.A. §
69-6-107
.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 5 - DRAINAGE AND LEVEE DISTRICTS (§§ 69-5-101 — 69-5-1303) › Part 1 - ESTABLISHMENT AND GENERAL PROVISIONS (§§ 69-5-101 — 69-5-145) › Section 69-5-108 - Preliminary hearing - Procedure and decree

The landowners shall make their appearance and file their objections, if any, on or before twelve o'clock (12:00) noon of the day set for hearing. After the hour fixed for the filing of objections, the court shall proceed to hear and determine the matter of making an assessment to raise a fund for the payment of the preliminary costs and expenses. The court will determine from proof offered, approximately, the amount necessary to cover the cost and expenses, and if the court is of the opinion that it is not expedient to make an assessment for such purposes, the court will so decree; but if the court is of the opinion that it is expedient, the court will make an assessment for the amount determined, upon the respective tracts of land set out in the petition, and make the assessment on the basis of acreage.
Acts 1915, ch. 63, §1; Shan., § 3871a11; Code 1932, § 4220; T.C.A. (orig. ed.), § 70-708; T.C.A. §
69-6-108
.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 5 - DRAINAGE AND LEVEE DISTRICTS (§§ 69-5-101 — 69-5-1303) › Part 1 - ESTABLISHMENT AND GENERAL PROVISIONS (§§ 69-5-101 — 69-5-145) › Section 69-5-109 - Appeal from preliminary decree

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 1915, ch. 63, §1; Shan., § 3871a12; Code 1932, § 4221; T.C.A. (orig. ed.), § 70-709; T.C.A. §
69-6-109
.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 5 - DRAINAGE AND LEVEE DISTRICTS (§§ 69-5-101 — 69-5-1303) › Part 1 - ESTABLISHMENT AND GENERAL PROVISIONS (§§ 69-5-101 — 69-5-145) › Section 69-5-110 - Assessment book - Collection by county trustee

When the assessment has been made, the court will fix the dates within which the assessment shall be collected. The county clerk shall make out an assessment list, or book, giving alphabetically the name of the owner, and the boundaries of the land, the number of acres, and the amount assessed against each tract, and the clerk will make the same substantially in the form used for state and county tax books, and when so made the clerk will certify the same to the trustee of the county, and it shall be the duty of the trustee of the county to proceed at once to collect the assessments within the dates prescribed by the court. The trustee will pay the amount collected on the assessments to the county clerk, to be paid out on the cost and expenses under the orders of the court; and for collecting and paying over the assessments, the trustee will be allowed as compensation for collection and paying over the funds, two percent (2%) of the amount collected and paid over.
Acts 1915, ch. 63, §1; Shan., § 3871a13; Code 1932, §4222; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 70-710; T.C.A. §
69-6-110
.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 5 - DRAINAGE AND LEVEE DISTRICTS (§§ 69-5-101 — 69-5-1303) › Part 1 - ESTABLISHMENT AND GENERAL PROVISIONS (§§ 69-5-101 — 69-5-145) › Section 69-5-111 - Collection of assessment by other counties

If the district sought to be created embraces lands lying in more than one (1) county, the clerk of the county in which the petition was filed and in which the matter is pending will make out the assessment list, or book, for the entire district, and shall then copy so much of the assessment roll, or book, as contains the assessment on lands in any county, other than the county where the petition was filed, and the matter is pending, and certify under seal, that it is a correct copy of that part or portion of such roll, or book, and transmit or deliver it to the trustee of such other county, and take a receipt for it; and it shall be the duty of such trustee to receive and receipt for it, and collect it, and pay over the amount collected to the clerk of the county where the petition was filed, and the matter is pending.
Acts 1915, ch. 63, §1; Shan., § 3871a14; Code 1932, §4223; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 70-711; T.C.A. §
69-6-111
.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 5 - DRAINAGE AND LEVEE DISTRICTS (§§ 69-5-101 — 69-5-1303) › Part 1 - ESTABLISHMENT AND GENERAL PROVISIONS (§§ 69-5-101 — 69-5-145) › Section 69-5-112 - Assessment constitutes lien

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
.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 5 - DRAINAGE AND LEVEE DISTRICTS (§§ 69-5-101 — 69-5-1303) › Part 1 - ESTABLISHMENT AND GENERAL PROVISIONS (§§ 69-5-101 — 69-5-145) › Section 69-5-113 - Assessments - Bonds of county trustee and county clerk

The county trustee or trustees, before receiving the assessment roll, or book, and proceeding to the collection of the assessments, and the county clerk, before receiving the funds from the trustee or trustees, shall, respectively, enter into a bond in double the amount that will come into their hands, respectively, payable to the state of Tennessee, and conditioned for the faithful paying over and accounting for the funds arising from the assessment.
Acts 1915, ch. 63, §1; Shan., § 3871a16; Code 1932, §4225; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 70-713; T.C.A. §
69-6-113
.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 5 - DRAINAGE AND LEVEE DISTRICTS (§§ 69-5-101 — 69-5-1303) › Part 1 - ESTABLISHMENT AND GENERAL PROVISIONS (§§ 69-5-101 — 69-5-145) › Section 69-5-114 - Proceedings for preliminary expense fund not to delay other proceedings - Application of acreage provision

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
.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 5 - DRAINAGE AND LEVEE DISTRICTS (§§ 69-5-101 — 69-5-1303) › Part 1 - ESTABLISHMENT AND GENERAL PROVISIONS (§§ 69-5-101 — 69-5-145) › Section 69-5-115 - Engineer

(a)
After such petition has been so filed and bond taken and approved, the county court shall, at the first session thereafter, regular, special, or adjourned, and may at a later session, appoint a disinterested and competent engineer and have placed in the engineer's hands a copy of the petition.
(b)
The engineer shall proceed to examine the lands described in the petition, and any other lands that would be benefited by the improvement, or necessary in carrying out such improvement, and survey and locate such drain or drains, ditch or ditches, levee or levees, improvement or improvements, as may be practicable to carry out the purposes of the petition and that will be of public benefit or utility or conducive to the public health or welfare.
(c)
Engineers appointed by the county courts shall be paid for their services at such rates as the courts appointing them may fix, and, if not so fixed, at the rate of five dollars ($5.00) per day while engaged in the work, and, in addition, all actual traveling expenses, an itemized account of such expenses to be kept by them and reported and sworn to.
(d)
The engineer shall return and file the proceedings with the county clerk, which return shall set forth the starting point, the route, the terminus, or termini of the ditch or ditches, drain or drains, levee or levees, or other improvements, such as the straightening or shortening of watercourses, cleaning out the beds thereof, together with a plat and profile showing the ditches, drains, or other improvements, and the course and length of the same, approximately, through each tract of land as far as may be practicable, and the total length and the course and the elevation, as near as may be, of all lakes, ponds, and deep depressions in the district, and the fall obtainable across the district, and the boundary of the proposed district, and the description of each tract of land in the district, as shown by the tax books, and the names of the owners of the tract, as shown by the tax books, together with the probable cost of the improvement, and such other facts and recommendations as the engineer may deem material.
(e)
The court may at any time recall the appointment of any engineer, if deemed advisable to do so, and appoint another to act in the engineer's place.
Acts 1909, ch. 185, §§ 3, 36; Shan., §§ 3871a18-3871a21, 3871a137; Code 1932, §§ 4227-4230, 4372; T.C.A. (orig. ed.), §§70-715 -- 70-719; T.C.A. §
69-6-115
.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 5 - DRAINAGE AND LEVEE DISTRICTS (§§ 69-5-101 — 69-5-1303) › Part 1 - ESTABLISHMENT AND GENERAL PROVISIONS (§§ 69-5-101 — 69-5-145) › Section 69-5-116 - Location of drains and ditches

The ditches and drains provided for shall be surveyed and located along the general course of the natural streams and watercourses, or in the general course of the natural drainage of the lands of the district, unless there is some special and good reason why the natural course should be departed from to secure a new and better outlet, having due regard to the straightening and shortening of such natural streams, watercourses, and course of natural drainage.
Acts 1909, ch. 185, §3; Shan., § 3871a22; Code 1932, § 4231; T.C.A. (orig. ed.), § 70-720; T.C.A. §
69-6-116
.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 5 - DRAINAGE AND LEVEE DISTRICTS (§§ 69-5-101 — 69-5-1303) › Part 1 - ESTABLISHMENT AND GENERAL PROVISIONS (§§ 69-5-101 — 69-5-145) › Section 69-5-117 - Drains and ditches crossing railroad property

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
.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 5 - DRAINAGE AND LEVEE DISTRICTS (§§ 69-5-101 — 69-5-1303) › Part 1 - ESTABLISHMENT AND GENERAL PROVISIONS (§§ 69-5-101 — 69-5-145) › Section 69-5-118 - Engineer's assistants

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
.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 5 - DRAINAGE AND LEVEE DISTRICTS (§§ 69-5-101 — 69-5-1303) › Part 1 - ESTABLISHMENT AND GENERAL PROVISIONS (§§ 69-5-101 — 69-5-145) › Section 69-5-119 - Plan approval or rejection

Upon the filing of the return of the engineer, the county court shall examine the return, and if the plan seems to be expedient and meets the approval of the court, it shall order the county clerk to cause notice to be given, as provided in this part, but if it does not appear to be expedient, or is not approved, the court is authorized to direct the engineer, or another engineer selected by it, to prepare another plan. If the court should deem the proposed improvement inexpedient or inadvisable, after an examination of the return of the engineer, or after a second or further return, it may dismiss the petition and proceedings, and, in that event, it shall adjudge all costs and expenses incurred against the petitioners and the sureties on the bond.
Acts 1909, ch. 185, §4; Shan., § 3871a25; mod. Code 1932, § 4234; T.C.A. (orig. ed.), § 70-723; T.C.A. §
69-6-119
.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 5 - DRAINAGE AND LEVEE DISTRICTS (§§ 69-5-101 — 69-5-1303) › Part 1 - ESTABLISHMENT AND GENERAL PROVISIONS (§§ 69-5-101 — 69-5-145) › Section 69-5-120 - Issuance and service of summons upon approval of plan

(a)
When the plan, if any, has the approval of the court, the court shall order the county clerk to issue a summons, or writ, to the sheriff of the proper county, the writs to run in the name of the state, commanding the sheriff to summon the persons named in the writ to appear before the court on the day set by it for the hearing of the petition. The writ or summons shall name to be served the owners of all the tracts or lots of land not petitioners, within the proposed levee, improvement, or drainage district, as shown by the tax books of the county, or by affidavit filed, and upon the persons in actual occupancy of the lands or lots, and also upon any lienholder or encumbrancers of any land in the proposed district, as shown by the county records, and shall notify them of the pendency of the petition and the prayer of the petition; but no copy of the petition shall accompany the writ.
(b)
Such writ shall be served at least ten (10) days before the time set for the hearing of the petition; but the writ shall not be issued for or served upon any of the persons described in subsection (a), who shall file with the clerk a statement in writing, signed by the party entering an appearance at the hearing and waiving any additional notice, or the service of the writ may be acknowledged.
(c)
In case any such owner, lienholder, or encumbrancer is a nonresident of the state, or that person's name or residence cannot be ascertained after diligent inquiry, and these facts are made to appear by affidavit filed, then publication shall be made for such party for two (2) consecutive weeks in some newspaper of the county where the proceeding is pending notifying such party or parties of the pendency and prayer of the petition, and to appear at the time set for the hearing of the petition, the last publication to be at least ten (10) days before the time set for such hearing. Proof of such publication may be made as provided by law in chancery cases. The actual owners, or such encumbrancers, may be made to appear to the clerk by the affidavit of any person acquainted with the facts or by the averments of the petition if sworn to.
(d)
Such writ, or summons, and the publication notice need not set out in any detail the contents of the petition, or of its prayer.
Acts 1909, ch. 185, § 4; 1913 (1st Ex. Sess.), ch. 25, § 2; Shan., §§ 3871a26-3871a29; Code 1932, §§ 4235-4238; T.C.A. (orig. ed.), §§ 70-724 -- 70-727; T.C.A. §
69-6-120
.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 5 - DRAINAGE AND LEVEE DISTRICTS (§§ 69-5-101 — 69-5-1303) › Part 1 - ESTABLISHMENT AND GENERAL PROVISIONS (§§ 69-5-101 — 69-5-145) › Section 69-5-121 - Hearing postponed pending notice - Hearing without formal answers

If, at the time set for the hearing, it appears to the court that any person entitled to notice as provided has not had such notice, the hearing shall be adjourned until such person can be given the required notice, and the court shall not lose jurisdiction of the subject matter or of the person already properly notified by such adjournment or postponement. The persons concerned may appear and be heard without formally answering such petition in writing.
Acts 1909, ch. 185, §4; Shan., § 3871a30; Code 1932, § 4239; T.C.A. (orig. ed.), § 70-728; T.C.A. §
69-6-121
.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 5 - DRAINAGE AND LEVEE DISTRICTS (§§ 69-5-101 — 69-5-1303) › Part 1 - ESTABLISHMENT AND GENERAL PROVISIONS (§§ 69-5-101 — 69-5-145) › Section 69-5-122 - Further examination and report by engineer

At such hearing, the court may order the engineer, or a new engineer appointed by the court, if deemed advisable, to make further examination and report to the court as to the improvement, in which event the hearing shall be continued until the filing of such further report.
Acts 1909, ch. 185, §6; Shan., § 3871a33; Code 1932, § 4250; T.C.A. (orig. ed.), § 70-729; T.C.A. §
69-6-122
.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 5 - DRAINAGE AND LEVEE DISTRICTS (§§ 69-5-101 — 69-5-1303) › Part 1 - ESTABLISHMENT AND GENERAL PROVISIONS (§§ 69-5-101 — 69-5-145) › Section 69-5-123 - Special assessment to pay preliminary costs and expenses

After the report of the engineer has been filed, accompanied by the plat and a description of the land included within the proposed district, and a description of the surrounding landowners, of the respective tracts of land within the proposed district, and the names of the owners of the tracts, the court shall have the power, if it deems it expedient, to make a special assessment upon all the lands within the proposed district for an amount sufficient to pay the costs and expenses already incurred to the date of filing of the engineer's report, including the expenses in collecting the special assessment.
Acts 1923, ch. 55, § 1; Shan. Supp., § 3871a30b1; Code 1932, § 4240; T.C.A. (orig. ed.), § 70-730; T.C.A. §
69-6-123
.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 5 - DRAINAGE AND LEVEE DISTRICTS (§§ 69-5-101 — 69-5-1303) › Part 1 - ESTABLISHMENT AND GENERAL PROVISIONS (§§ 69-5-101 — 69-5-145) › Section 69-5-124 - Special assessment - Petition - Notice of hearing

A special assessment shall be made only upon petition signed and sworn to by one (1) or more persons owning land within the proposed district, and praying that provision be made for funds to defray the preliminary costs and expenses already incurred up to that stage of the proceedings. Upon the filing of such petition, the court shall set a day for the hearing of that matter and direct that publication for all landowners within the proposed district who are not petitioners in the petition be made in some newspaper published in the county in which the district is located, and if located in more than one (1) county, then in a publication in each county in which the land in the proposed district is located, the publication to be made for three (3) consecutive weeks, the last publication to be at least ten (10) days before the day set for the hearing. The publication shall notify such landowners of the pending suit and the prayer of the petition for the creation and collection of a fund to pay the preliminary costs and expenses and the day fixed for the hearing, and notify the landowners not petitioners in the petition to appear and show cause why an assessment to create the fund should not be made. The landowners shall make their appearance and file their objections, if any, on or before twelve o'clock (12:00) noon of the day set for hearing.
Acts 1923, ch. 55, § 1; Shan. Supp., § 3871a30b2; Code 1932, § 4241; T.C.A. (orig. ed.), § 70-731; T.C.A. §
69-6-124
.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 5 - DRAINAGE AND LEVEE DISTRICTS (§§ 69-5-101 — 69-5-1303) › Part 1 - ESTABLISHMENT AND GENERAL PROVISIONS (§§ 69-5-101 — 69-5-145) › Section 69-5-125 - Special assessment - Hearing - Amount and basis of assessment

After the hour fixed for the filing of objections, the court shall proceed to hear and determine the matter of making an assessment to raise a fund for the payment of the preliminary costs and expenses. The court will determine from proof offered the amount necessary to cover the cost and expenses, and if the court is of the opinion that it is not expedient to make an assessment for such purposes, the court will so decree; but if the court is of the opinion that it is expedient, the court will make an assessment for the amount determined upon the respective tracts of land in the proposed improvement district, and make the assessment on the basis of acreage.
Acts 1923, ch. 55, § 1; Shan. Supp., § 3871a30b3; Code 1932, § 4242; T.C.A. (orig. ed.), § 70-732; T.C.A. §
69-6-125
.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 5 - DRAINAGE AND LEVEE DISTRICTS (§§ 69-5-101 — 69-5-1303) › Part 1 - ESTABLISHMENT AND GENERAL PROVISIONS (§§ 69-5-101 — 69-5-145) › Section 69-5-126 - Special assessment - Appeal

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
.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 5 - DRAINAGE AND LEVEE DISTRICTS (§§ 69-5-101 — 69-5-1303) › Part 1 - ESTABLISHMENT AND GENERAL PROVISIONS (§§ 69-5-101 — 69-5-145) › Section 69-5-127 - Special assessment - Collection

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
.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 5 - DRAINAGE AND LEVEE DISTRICTS (§§ 69-5-101 — 69-5-1303) › Part 1 - ESTABLISHMENT AND GENERAL PROVISIONS (§§ 69-5-101 — 69-5-145) › Section 69-5-128 - Special assessment - Collection by other counties

However, if the district sought to be created embraces lands lying in more than one (1) county, the clerk of the county in which the petition was filed, and the matter is pending, will make out the assessment list or book for the entire district, and shall then copy so much of the assessment roll or book, as contains the assessments on lands in any county other than the county where the petition was filed, and the matter is pending, and certify under seal that it is a correct copy of that part or portion of such roll or book, and transmit or deliver it to the trustee of such other county, and take a receipt for the same, and collect the same, and pay over the amount collected to the clerk of the county where the petition was filed and the matter is pending.
Acts 1923, ch. 55, § 1; Shan. Supp., § 3871a30b6; Code 1932, § 4245; T.C.A. (orig. ed.), § 70-735; T.C.A. §
69-6-128
.