reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 6 - WATERSHED DISTRICTS (§§ 69-6-101 — 69-6-149) › Section 69-6-145 - Collection of ad valorem taxes - Commission - Delinquent taxes

(a)
Ad valorem taxes would be collected by the trustee of the county in which the lands are located, in the same manner and at the same time in which other county taxes upon such lands within the watershed district are collected.
(b)
The trustee is entitled to a commission of one percent (1%) upon the ad valorem taxes so collected as a commission for such trustee's services. The trustee shall account quarterly to the treasurer of the district for the ad valorem taxes so collected.
(c)
Ad valorem taxes are a lien upon the lands embraced in a watershed district as are county taxes and shall be collected by suit in the same manner as other county taxes, if the same are not paid to the trustee in due course. They shall become delinquent at the same time and in the same manner as county taxes.
Acts 1955, ch. 112, § 29; T.C.A., § 70-1845; T.C.A. § 69-7-145.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 6 - WATERSHED DISTRICTS (§§ 69-6-101 — 69-6-149) › Section 69-6-146 - Right of entry on private property

The board of directors, its representatives and employees, including engineers and contractors and their employees, have the right and authority to enter upon private lands within or without the boundaries of the district for the purpose of conducting tests, surveys and other work incidental to the preparation of plans, maps, profiles and reports in connection with any work or proposed work of the district, and the district shall be liable for any damages caused by such entry.
Acts 1955, ch. 112, § 30; T.C.A., § 70-1846; T.C.A. § 69-7-146.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 6 - WATERSHED DISTRICTS (§§ 69-6-101 — 69-6-149) › Section 69-6-147 - Assessments for maintenance

(a)
It is the duty of the board of directors to properly maintain any project constructed and operated within the district.
(b)
(1)
The board, or landowners owning five percent (5%) of the acreage affected by any project, may petition the court in which such plan or project was approved to levy additional assessments for the proper maintenance or operation, or both, of such project or improvement, as may appear to the court to be necessary, the apportionment of such maintenance expense to be upon the tracts benefited by the original project in the ratio or proportion established in the original assessment roll.
(2)
In the case of any improvement or project benefiting all of the lands in the district generally, the court may order the board to have the proper maintenance or repair work, or both, accomplished, and order the same to be paid from the funds of the district in the hands of the treasurer that are not obligated for any other purpose.
(c)
A special assessment for maintenance is a lien upon the respective tracts of land and is collected in the same manner as assessments for benefits as provided in this chapter.
Acts 1955, ch. 112, § 31; T.C.A., § 70-1847; T.C.A. § 69-7-147.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 6 - WATERSHED DISTRICTS (§§ 69-6-101 — 69-6-149) › Section 69-6-148 - Dissolution of district

(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.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 6 - WATERSHED DISTRICTS (§§ 69-6-101 — 69-6-149) › Section 69-6-149 - Provisions supplemental

This chapter is deemed to be supplemental to existing laws relating to drainage districts, flood control, irrigation, soil conservation, and related matters.
Acts 1955, ch. 112, § 33; T.C.A., § 70-1849; T.C.A. § 69-7-149.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 7 - WATER MANAGEMENT (§§ 69-7-101 — 69-7-309) › Part 1 - WATER RESOURCES DIVISION (§§ 69-7-101 — 69-7-104) › Section 69-7-101 - Water resources division created - Appointment of director and assistants

(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
.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 7 - WATER MANAGEMENT (§§ 69-7-101 — 69-7-309) › Part 1 - WATER RESOURCES DIVISION (§§ 69-7-101 — 69-7-104) › Section 69-7-102 - General duties of director

The director of the water resources division is responsible to the commissioner of environment and conservation for the general direction of all matters pertaining to conservation, protection and development of the water resources of the state and the continued study of water resources looking toward the creation and development of a basic, long-range water resource policy for the state, with the exception of the functions relating to the water pollution control exercised by the Tennessee water pollution control board, and such other functions as may otherwise be provided in this part.
Acts 1957, ch. 19, § 4; impl. am. Acts 1959, ch. 9, § 14; impl. am. Acts 1963, ch. 169, § 3; 1972, ch. 860, § 2; T.C.A., § 70-2002; T.C.A. §
69-8-102
.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 7 - WATER MANAGEMENT (§§ 69-7-101 — 69-7-309) › Part 1 - WATER RESOURCES DIVISION (§§ 69-7-101 — 69-7-104) › Section 69-7-103 - Specific powers and duties of director

The powers and duties of the director of water resources division under the direction of the commissioner of environment and conservation include, among other things, the powers and duties to:
(1)
Establish, maintain, and publish, as directed by the commissioner, an accurate inventory of the state's water resources;
(2)
Determine, maintain and establish estimates of existing and future water use in the state;
(3)
Define and propose, if necessary, water control districts within the state in the light of the director's findings, and make engineering plans and surveys for improving the quantity of the water supply in such proposed water control districts;
(4)
Implement the basic water resource policy of the state by creating and defining the rights of respective competing users of the water resources of the state;
(5)
Perform all duties assigned to the director relating to the determination of the waters that should be reserved for general public purposes, including navigation, sanitation, recreation, maintenance of fish and aquatic life, the maintenance of unusual scenic features and other public purposes;
(6)
Determine the feasibility of proposed dams and water diversion structures to conserve the basic water resources of the state and review and recommend plans for any such proposed dams and diversion structures in any proposed water control districts; and
(7)
Perform any other duties required by the terms of this part, or as may reasonably be required by the commissioner and the commission in relation to this part.
Acts 1957, ch. 19, § 5; impl. am. Acts 1959, ch. 9, § 11; impl. am. Acts 1963, ch. 169, § 3; 1972, ch. 860, § 2; T.C.A., § 70-2003; T.C.A. §
69-8-103
.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 7 - WATER MANAGEMENT (§§ 69-7-101 — 69-7-309) › Part 1 - WATER RESOURCES DIVISION (§§ 69-7-101 — 69-7-104) › Section 69-7-104 - Term of employment - Compensation

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
.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 7 - WATER MANAGEMENT (§§ 69-7-101 — 69-7-309) › Part 2 - INTER-BASIN WATER TRANSFERS (§§ 69-7-201 — 69-7-212) › Section 69-7-201 - Short title

This part shall be known as the "Inter-basin Water Transfer Act."
Acts 2000, ch. 854, §2; T.C.A. § 69-8-201.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 7 - WATER MANAGEMENT (§§ 69-7-101 — 69-7-309) › Part 2 - INTER-BASIN WATER TRANSFERS (§§ 69-7-201 — 69-7-212) › Section 69-7-202 - Legislative findings - Purpose

The general assembly finds that as the population and demand for water resources grow, it is prudent to engage in planning for the future and to have an explicit mechanism in place to regulate proposals for the diversion of water from one river basin to another. By removing water from rivers, such inter-basin transfers raise issues of the protection of the public health, safety, welfare and the environment as the water is no longer available for use in the original stream. The primary purpose of this part is to allow regulation on the basis of the quantity of water in river basins. Although the common law addresses some of these concerns, it relies on after-the-fact litigation rather than a modern regulatory system. As this is remedial and police power legislation, all sections of this part shall be liberally construed to effectuate its purpose.
Acts 2000, ch. 854, §3; T.C.A. § 69-8-202.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 7 - WATER MANAGEMENT (§§ 69-7-101 — 69-7-309) › Part 2 - INTER-BASIN WATER TRANSFERS (§§ 69-7-201 — 69-7-212) › Section 69-7-203 - Definition of basin and river basin

For purposes of this part, "basin" or "river basin" refers to the entire topographic extent of the following ten (10) watersheds and combinations of watersheds:
(1)
The Mississippi River and all of its tributaries west of the Tennessee River Valley;
(2)
The Duck River, the Elk River, and the western Tennessee River Valley;
(3)
The lower Cumberland River to the downstream point of the mouth of the Caney Fork River, the Harpeth and the Stones rivers;
(4)
The tributaries of the Barren River;
(5)
The upper Cumberland River, the Caney Fork, the Obed, and the Big South Fork of the Cumberland River;
(6)
The lower Tennessee River in East Tennessee up to and including the Hiawassee River;
(7)
The Conasauga River;
(8)
The Upper Tennessee River in East Tennessee upstream of the Hiawassee, the Little Tennessee, the Clinch, and the Emory rivers;
(9)
The French Broad River and the Nolichuckey River; and
(10)
The Holston River and the Watauga River.
Acts 2000, ch. 854, §4; T.C.A. § 69-8-203.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 7 - WATER MANAGEMENT (§§ 69-7-101 — 69-7-309) › Part 2 - INTER-BASIN WATER TRANSFERS (§§ 69-7-201 — 69-7-212) › Section 69-7-204 - Acquisition of permit - Determination of amount of existing inter-basin transfer

(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.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 7 - WATER MANAGEMENT (§§ 69-7-101 — 69-7-309) › Part 2 - INTER-BASIN WATER TRANSFERS (§§ 69-7-201 — 69-7-212) › Section 69-7-205 - Powers of commissioner of environment and conservation

In addition to powers under all other statutes, including, but not limited to, the Water Quality Control Act, compiled in chapter 3, part 1 of this title, and the Safe Drinking Water Act, compiled in title 68, chapter 221, part 7, the commissioner of environment and conservation, or the commissioner's designee, shall have the following powers and duties under this part:
(1)
To issue and to deny inter-basin transfer permits in accordance with §
69-7-206
;
(2)
To issue civil penalty assessments in accordance with §
69-7-208
;
(3)
To conduct inspections and investigations;
(4)
To bring suit in the name of the department for any violation of this part, including seeking any remedy available under this part as well as under any other statutory or common law remedy related to water availability and supply;
(5)
To require the submission of plans, specifications, technical reports, and any other information the commissioner deems necessary to carry out this part;
(6)
To delegate any of the commissioner's duties to the director of the appropriate division under the commissioner's supervision; and
(7)
To be the primary administrative agent in carrying out this part.
Acts 2000, ch. 854, §6; T.C.A. § 69-8-205.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 7 - WATER MANAGEMENT (§§ 69-7-101 — 69-7-309) › Part 2 - INTER-BASIN WATER TRANSFERS (§§ 69-7-201 — 69-7-212) › Section 69-7-206 - Issuance and denial of permit

(a)
The commissioner shall issue or deny any permit applied for pursuant to §
69-7-204
in accordance with this part and the rules adopted by the board of water quality, oil and gas under §
69-7-207
and any applicable provisions of the Water Quality Control Act, compiled in chapter 3, part 1 of this title, and rules under that act. Such permits shall be issued for a renewal term of five (5) years and contain necessary and appropriate conditions to accomplish the purposes of the same part and rules.
(b)
The commissioner shall, to the maximum extent feasible, combine the permit application and issuance processes for a withdrawal activity that requires permits under this part and the Water Quality Control Act.
(c)
The commissioner may revoke, suspend, or modify any permit for the following reasons:
(1)
A violation of any terms or conditions of the permit or of any provision of this part;
(2)
Obtaining the permit by misrepresentation or failing to disclose fully all relevant facts; or
(3)
A change in any condition that requires either a temporary or permanent reduction or elimination of the permitted inter-basin transfer because of reasonably likely adverse impacts to downstream users or the environment.
(d)
Any person aggrieved by the issuance or denial of a permit by the commissioner under this part may appeal such matter to the board of water quality, oil and gas solely in accordance with §
69-7-207(3)
.
Amended by 2021 Tenn. Acts, ch. 548, s 1, eff. 5/26/2021.
Acts 2000, ch. 854, §7; T.C.A. § 69-8-206; Acts 2005, ch. 325, § 1.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 7 - WATER MANAGEMENT (§§ 69-7-101 — 69-7-309) › Part 2 - INTER-BASIN WATER TRANSFERS (§§ 69-7-201 — 69-7-212) › Section 69-7-208 - Assessment of civil penalties

(a)
The commissioner may assess civil penalties for any violation of this part of up to ten thousand dollars ($10,000) per day per violation. In making such assessments, the commissioner shall consider all appropriate factors including, without limitation, whether the violation was knowing or intentional, any actual harm to people or the environment resulting from the violation or activity, the potential for harm to people or the environment posed by the violation or activity.
(b)
Any civil penalty shall be assessed in the following manner:
(1)
The commissioner may issue an assessment against any person or entity responsible for the violation; and
(2)
Any person or entity against whom an assessment has been issued may secure a review of such assessment by filing with the commissioner a written petition setting forth the grounds and reasons for the objections, and asking for a hearing on the matter involved before the board. If a petition for review of the assessment is not filed within thirty (30) days after the date the assessment is served, the violator shall be deemed to have consented to the assessment and it shall become final.
(c)
All fees and penalties assessed and collected under this part shall be administered in the same manner as provided in the Environmental Protection Fund, compiled at title 68, chapter 203.
Acts 2000, ch. 854, §9; T.C.A. § 69-8-208.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 7 - WATER MANAGEMENT (§§ 69-7-101 — 69-7-309) › Part 2 - INTER-BASIN WATER TRANSFERS (§§ 69-7-201 — 69-7-212) › Section 69-7-209 - Exercise of grants of power

Any exercise of the state's grants of power to acquire water, water rights, and associated property by eminent domain or condemnation, and for the use or benefit of public water supply, shall not be made in a manner that conflicts with the Water Quality Control Act, compiled in chapter 3, part 1 of this title, or this part and the regulations under this part.
Acts 2000, ch. 854, § 10; T.C.A. § 69-8-209.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 7 - WATER MANAGEMENT (§§ 69-7-101 — 69-7-309) › Part 2 - INTER-BASIN WATER TRANSFERS (§§ 69-7-201 — 69-7-212) › Section 69-7-210 - Designation of protected areas

The board of water quality, oil and gas may, from time to time after giving due notice and conducting a public hearing, determine and delineate such basins or portions of basins where the demands upon supply made by water users have developed or threaten to develop to such a degree as to create a water shortage and any such areas may be designated as "protected areas." The water quality control board, whenever it determines that such shortage no longer exists, shall terminate the protected status of such area and shall give public notice of such termination.
Amended by 2018 Tenn. Acts, ch. 839, s 38, eff. eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.
Acts 2000, ch. 854, § 12; T.C.A. § 69-8-210.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 7 - WATER MANAGEMENT (§§ 69-7-101 — 69-7-309) › Part 2 - INTER-BASIN WATER TRANSFERS (§§ 69-7-201 — 69-7-212) › Section 69-7-211 - Submission of documents and records to commissioner of environment and conservation

(a)
Prior to October 1, 2000, all persons or entities subject to §
69-7-204(a)
that operate an existing inter-basin transfer shall submit flow or pumping records or other documentation that shows to the commissioner of environment and conservation's satisfaction the amount of such transfer. The commissioner shall respond in writing stating whether the documentation was sufficient or specifying any deficiency that shall promptly be corrected. Any failure to comply with this section will constitute a violation of this part.
(b)
All such persons or entities shall, thereafter, either submit every October 1 a statement under oath certifying that there has been no increase in the inter-basin transfer, together with appropriate documentation, or a timely permit application for any increased inter-basin transfer as provided in §
69-7-204
.
Acts 2000, ch. 854, § 13; T.C.A. § 69-8-211.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 7 - WATER MANAGEMENT (§§ 69-7-101 — 69-7-309) › Part 2 - INTER-BASIN WATER TRANSFERS (§§ 69-7-201 — 69-7-212) › Section 69-7-212 - Redesignation of personnel

The department of environment and conservation may redesignate existing personnel to implement this chapter.
Acts 2000, ch. 854, §§ 14, 15; T.C.A. § 69-8-212.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 7 - WATER MANAGEMENT (§§ 69-7-101 — 69-7-309) › Part 3 - TENNESSEE WATER RESOURCES INFORMATION ACT (§§ 69-7-301 — 69-7-309) › Section 69-7-301 - Short title

This part shall be known and may be cited as the "Tennessee Water Resources Information Act."
Acts 2002, ch. 800, §2; T.C.A. § 69-8-301.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 7 - WATER MANAGEMENT (§§ 69-7-101 — 69-7-309) › Part 3 - TENNESSEE WATER RESOURCES INFORMATION ACT (§§ 69-7-301 — 69-7-309) › Section 69-7-302 - Legislative intent - System of registration

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.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 7 - WATER MANAGEMENT (§§ 69-7-101 — 69-7-309) › Part 3 - TENNESSEE WATER RESOURCES INFORMATION ACT (§§ 69-7-301 — 69-7-309) › Section 69-7-303 - Part definitions

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.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 7 - WATER MANAGEMENT (§§ 69-7-101 — 69-7-309) › Part 3 - TENNESSEE WATER RESOURCES INFORMATION ACT (§§ 69-7-301 — 69-7-309) › Section 69-7-304 - Registration of withdrawal from surface water or groundwater source - Exceptions

(a)
Except as provided in subsections (c) and (d), no person shall withdraw ten thousand (10,000) or more gallons of water per day from a surface water or a groundwater source unless the withdrawal is currently registered with the commissioner. The commissioner shall accept a recognized method of measuring the quantities of water withdrawn.
(b)
Any person who causes such a withdrawal, or proposes such a withdrawal shall annually register such water withdrawal with the commissioner on forms provided for the purpose. For water wells drilled pursuant to §
69-10-101
, the initial withdrawal may be registered by the well driller, on behalf of the person causing or proposing the withdrawal, by providing the required information, including an estimate of the withdrawal amount, with the notification of the intent to drill a well and by verifying or modifying, or both, the information when the report of the well driller is delivered to the commissioner. Subsequent withdrawals from water wells shall be registered annually by the person who causes such a withdrawal, or proposes such a withdrawal.
(c)
A person may withdraw water for emergencies involving human health and safety without having first registered the withdrawal, provided it is not done on a regular or recurring basis.
(d)
A person may withdraw water for agricultural purposes without having registered the withdrawal. If a person withdraws water for agricultural purposes and another purpose, the water used for agriculture shall not count towards the calculation of whether the withdrawal exceeds ten thousand (10,000) gallons per day. For purposes of this part, "agricultural purposes" shall mean use in the production or harvesting of an agricultural product, including, but not limited to, irrigation of crops, nursery stock production as defined at §
43-1-112
, and watering of poultry or livestock.
Acts 2002, ch. 800, §5; T.C.A. § 69-8-304.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 7 - WATER MANAGEMENT (§§ 69-7-101 — 69-7-309) › Part 3 - TENNESSEE WATER RESOURCES INFORMATION ACT (§§ 69-7-301 — 69-7-309) › Section 69-7-305 - Powers of commissioner

The commissioner has the power to:
(1)
Annually collect and compile water quantity data and other quantity information, including data and information on uses of water and well data, and to develop registration and other forms for these purposes. Additionally, if requested and if it is deemed necessary by the commissioner to protect trade secret information as defined in §
47-25-1702
, the commissioner shall keep such trade secret information confidential;
(2)
Accept forms and data provided by a municipality that has adopted home rule pursuant to article XI, § 9 of the Tennessee Constitution,, or any county operating under a county charter form of government, as part of the annual registration or data collection process, or both;
(3)
Pursuant to §
69-7-302
, make inspections and investigations, collect samples pursuant to a water quantity inspection or investigation, carry on research, or take such other action as may be necessary to carry out this part, rules and regulations issued pursuant to this part, and any orders that the commissioner may issue;
(4)
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 or studies or enforcing any of the provisions of this part;
(5)
Bring suit in the name of the department for any violation of this part, rules and regulations, and orders of the commissioner seeking any remedy provided in this part, rules and regulations and orders of the commissioner, and any other statutory or common law remedy provided in statutory or common law;
(6)
Assess civil penalties for violation of any provision of this part or any rule, regulation, standard adopted or order issued by the commissioner pursuant to this part;
(7)
Issue orders as may be necessary to secure compliance with this part, as well as the rules and regulations adopted pursuant to this part; and
(8)
Exercise general supervision over the administration and enforcement of this part and all rules and regulations promulgated under this part.
Acts 2002, ch. 800, §6; T.C.A. § 69-8-305.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 7 - WATER MANAGEMENT (§§ 69-7-101 — 69-7-309) › Part 3 - TENNESSEE WATER RESOURCES INFORMATION ACT (§§ 69-7-301 — 69-7-309) › Section 69-7-306 - Rules - Rulings in contested cases

(a)
The board has the authority to promulgate the rules, other than rules establishing fees, that it deems reasonable and necessary to effectuate the purposes of this part, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(b)
The board has the authority to conduct and make all rulings in contested cases under this part.
Acts 2002, ch. 800, §7; T.C.A. § 69-8-306.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 7 - WATER MANAGEMENT (§§ 69-7-101 — 69-7-309) › Part 3 - TENNESSEE WATER RESOURCES INFORMATION ACT (§§ 69-7-301 — 69-7-309) › Section 69-7-308 - Regional water planning - Models - Report

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.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 7 - WATER MANAGEMENT (§§ 69-7-101 — 69-7-309) › Part 3 - TENNESSEE WATER RESOURCES INFORMATION ACT (§§ 69-7-301 — 69-7-309) › Section 69-7-309 - Technical advisory committee

From time to time, the commissioner may appoint a technical advisory committee that shall advise the commissioner on matters related to the state's water resources. The commissioner may determine the identity and number of committee members and the term during which the committee will operate. The committee may be composed of representatives of federal, state, and local agencies with relevant authority and representatives of appropriate private organizations, including not-for-profit organizations. No member of the committee is entitled to a salary for duties performed as a member of the committee. No member is entitled to reimbursement for travel or other necessary expenses incurred in the performance of the member's official duties.
Acts 2002, ch. 800, § 10; T.C.A. §69-8-309; Acts 2012 , ch. 986, § 40.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 8 - TENNESSEE-TOMBIGBEE WATERWAY DEVELOPMENT COMPACT (§§ 69-8-101 — 69-8-104) › Section 69-8-102 - Execution of compact - When effective

When the governor has executed this compact on behalf of this state and has caused a verified copy of the compact to be filed with the secretary of state, and when the compact has been ratified as provided in Article II of the compact, and when the general assemblies or the chief legislative bodies of the states of Alabama and Mississippi have approved Tennessee as a compacting state, then it shall become operative and effective as between this state and such other states, and the governor is hereby authorized and directed to take such action as may be necessary to complete the exchange of official documents between this state and any other state ratifying the compact. All documents relating to the compact shall be filed with the secretary of state.
Acts 1959, ch. 55, §2; T.C.A., § 70-2102; T.C.A. §
69-9-102
.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 8 - TENNESSEE-TOMBIGBEE WATERWAY DEVELOPMENT COMPACT (§§ 69-8-101 — 69-8-104) › Section 69-8-103 - Administration of compact - Powers granted - Members of authority

There is hereby granted to the governor, to the members of the authority of Tennessee, and to the compact administrator, all powers provided for in the compact and in this chapter. All officers of the state of Tennessee are hereby authorized and directed to do all things falling within their respective jurisdictions that are necessary or incidental to carrying out the purpose of the compact. Those citizens representing this state on the authority shall be selected by the governor as follows: One (1) from west Tennessee, one (1) from middle Tennessee, one (1) from east Tennessee, and two (2) from the state at large.
Acts 1959, ch. 55, §3; T.C.A., § 70-2103; T.C.A. § 69-9-103.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 8 - TENNESSEE-TOMBIGBEE WATERWAY DEVELOPMENT COMPACT (§§ 69-8-101 — 69-8-104) › Section 69-8-104 - Unlawful to obligate state in excess of appropriation for biennium

(a)
It is unlawful for any member of the authority representing the state of Tennessee either to make any agreement or to create any obligation or to commit the state for any funds, moneys, or property in excess of the amounts on hand or the amount of the appropriation for the biennium, or either. Any such agreement, obligation, or commitment shall be null and void. Such agreements, obligations, or commitments shall be approved by the attorney general and reporter prior to their execution by the proper officials of the state of Tennessee.
(b)
A violation of this section is a Class C misdemeanor.
Acts 1959, ch. 55, §4; T.C.A., § 70-2104; Acts 1989, ch. 591, § 113; T.C.A. § 69-9-104.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 9 - BOATING REGULATION (§§ 69-9-101 — 69-9-508) › Part 1 - GENERAL PROVISIONS (§§ 69-9-101 — 69-9-102) › Section 69-9-101 - Accessory to violations punishable as principal

Whoever aids, abets, counsels, commands, induces, or procures the commission of a violation of this chapter or title 70 and proclamations and rules and regulations promulgated by the fish and wildlife commission, is punishable as a principal.
Acts 1982, ch. 808, § 1; T.C.A., § 70-2247; T.C.A. §
69-10-101
; Acts 2012, ch. 993, § 8.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 9 - BOATING REGULATION (§§ 69-9-101 — 69-9-508) › Part 1 - GENERAL PROVISIONS (§§ 69-9-101 — 69-9-102) › Section 69-9-102 - Sewage disposal

(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
.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 9 - BOATING REGULATION (§§ 69-9-101 — 69-9-508) › Part 2 - BOATING SAFETY (§§ 69-9-201 — 69-9-228) › Section 69-9-201 - Short title

This chapter shall be cited as the "Tennessee Boating Safety Act of 1965."
Acts 1965, ch. 334, § 1; T.C.A., § 70-2201; T.C.A. § 69-10-201.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 9 - BOATING REGULATION (§§ 69-9-101 — 69-9-508) › Part 2 - BOATING SAFETY (§§ 69-9-201 — 69-9-228) › Section 69-9-202 - Public policy

It is the policy of the state to:
(1)
Promote the safety of persons and property in and connected with the use of vessels;
(2)
Achieve, so far as practicable, uniformity of laws, regulations, requirements, procedures and methods with respect to the numbering, operation and equipment of all vessels subject to this chapter;
(3)
Foster the development, use and enjoyment of all the waters of Tennessee; and
(4)
Attain the fullest possible cooperation of the various agencies of this state, the neighboring states and the federal government in connection with assistance and rescue operations, in the enforcement of laws and regulations, and in the education of the public as these activities relate to recreational boating safety.
Acts 1965, ch. 334, § 2; T.C.A., § 70-2203; T.C.A. § 69-10-202.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 9 - BOATING REGULATION (§§ 69-9-101 — 69-9-508) › Part 2 - BOATING SAFETY (§§ 69-9-201 — 69-9-228) › Section 69-9-203 - Enforcement and administration of chapter - Disposition of funds - Rewards for information on violations

(a)
It is the sole duty and responsibility of the Tennessee wildlife resources agency to enforce and administer this chapter.
(b)
All expenses required for the administration and enforcement of this chapter shall be paid for with funds collected pursuant to this chapter. All moneys collected under this chapter shall be deposited in the state treasury and credited to the wildlife resources fund. The moneys shall be made available to the wildlife resources agency for the administration and enforcement of this chapter, as provided in this section, and for educational activities relating to boating safety and for no other purposes.
(c)
All moneys otherwise provided for pursuant to this chapter shall be made available to carry out the intent and purpose as set forth in this chapter in accordance with plans approved by the fish and wildlife commission. All such funds are hereby appropriated, reserved, set aside and made available until expended for the enforcement and administration of this chapter. The fish and wildlife commission is hereby authorized to adopt a plan or formula for the use of the moneys for employing and equipping such additional personnel as may be necessary for carrying out this chapter and for paying a proportionate share of the salaries, expense, and operational costs of existing personnel according to the time and effort expended by them in carrying out this chapter. Such plan or formula may be altered or amended from time to time by the commission as existing conditions may warrant.
(d)
No funds derived from the sale of hunting licenses or fishing licenses, or other wildlife resources funds shall be expended or diverted for carrying out this chapter.
(e)
The executive director is authorized to offer rewards or payments for information that may aid in the conviction of any offender violating a provision of this chapter or any other law relating to boating.
Acts 1965, ch. 334, § 3; impl. am. Acts 1974, ch. 481, § 20; 1975, ch. 87, §1; 1975, ch. 184, §§ 1-4; T.C.A., § 70-2203; T.C.A. §69-10-203; Acts 2007 , ch. 185, §1; 2012 , ch. 993, § 9.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 9 - BOATING REGULATION (§§ 69-9-101 — 69-9-508) › Part 2 - BOATING SAFETY (§§ 69-9-201 — 69-9-228) › Section 69-9-205 - Duties of executive director

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.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 9 - BOATING REGULATION (§§ 69-9-101 — 69-9-508) › Part 2 - BOATING SAFETY (§§ 69-9-201 — 69-9-228) › Section 69-9-206 - Identification numbers for vessels - Exceptions

(a)
Every vessel propelled by sail or machinery, or both, upon the waters of Tennessee shall be numbered for identification in accordance with this chapter and the regulations of the commission except:
(1)
A vessel that has a valid document issued by the bureau of customs of the United States, or any federal agency successor to the bureau of customs must be registered with the agency but is not required to display the identification numbers on the vessel;
(2)
A vessel with a valid number awarded to it pursuant to federal law or a federally-approved numbering system of another state; unless Tennessee has become the state of principal use and the vessel has been in Tennessee for sixty (60) days;
(3)
A vessel from a country other than the United States temporarily using the waters of Tennessee;
(4)
A vessel that is owned by the United States government, a state, or political subdivision of the United States government or a state that is used in the public service;
(5)
A ship's lifeboat;
(6)
A motorboat belonging to a class of boats that has been exempted from numbering by the commission after the agency has found that the numbering of motorboats of such class will not materially aid in their identification; and, if an agency of the federal government has a numbering system applicable to the class of motorboats to which the motorboat in question belongs, after the commission has further found that the motorboat would also be exempt from numbering if it were subject to the federal law; or
(7)
A vessel that is owned by any volunteer rescue squad and used solely in emergency or rescue work and not for private, personal, recreation, or business use.
(b)
Every such exempt vessel under subsection (a) shall prominently display identification by name on the vessel.
Acts 1965, ch. 334, § 6; 1969, ch. 313, § 1; 1972, ch. 616, § 1; 1974, ch. 719, § 2; 1979, ch. 36, § 1; T.C.A., § 70-2206; Acts 2001, ch. 249, §1; T.C.A. § 69-10-206.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 9 - BOATING REGULATION (§§ 69-9-101 — 69-9-508) › Part 2 - BOATING SAFETY (§§ 69-9-201 — 69-9-228) › Section 69-9-208 - Who may issue certificates - Disposition of fees

(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.