Ohio Administrative Code › Title 1501 - Department of Natural Resources - Administration and Director › Chapter 1501-7 - Waters from Canal or Canal Reservoir › Section 1501-7-03 - General provisions

Current through all regulations passed and filed through July 1, 2024
(A)
								
								It is unlawful
			 for any person 
								to withdraw, take, or divert water from any canal
			 or canal reservoir operated and maintained by the director without first
			 obtaining a lease or sale agreement from the director in accordance with
			 section 1520.03 of the Revised Code. Any
			 sale or lease agreement for water from a canal or canal reservoir
			 
								will be
			 administered by the division in accordance with sections
			 1520.03 and
			 1521.08 of the Revised
			 Code.
(B) The withdrawal of water
			 from any canal or canal reservoir for domestic use is exempt in accordance with
			 division (C) of section
			 1520.03 of the Revised Code.
			 However, the director may 
								establish mandatory water conservation measures
			 for water that is withdrawn from any canal or canal reservoir for domestic use
			 during drought conditions, or emergencies declared by the governor.
(C) This chapter of the Administrative Code
			 applies to all waters impounded in any canal reservoir or canal operated and
			 maintained by the director except the waters of lake Erie and that portion of
			 streams or rivers used for canal navigation.
(D) The director may sell or lease water from
			 any canal or canal reservoir that the director operates and maintains only to
			 the extent that the water is in excess of the quantity
			 
								necessary for navigation, recreation, and wildlife
			 purposes, and to the extent that such canal or canal reservoir was designed to
			 yield a supply of water for a purpose other than recreation or
			 wildlife.
(E) The quantity of water
			 that may be sold or leased from a canal reservoir or canal
			 will be
			 determined by the division using accepted engineering methods and
			 practices.
(F) Any water withdrawn
			 for commercial, industrial, agricultural, hydroelectric power generation, or
			 public water supply use shall be measured by a metering system or other method
			 acceptable to the division. All withdrawals as mentioned above shall be
			 reported to the division on a form provided by the division and within a time
			 period specified by the division.
(G) The director may restrict water use that
			 is authorized in lease and sale agreements issued in accordance with section
			 1520.03 of the Revised Code
			 during periods of drought, dam or canal embankment emergency, or any other
			 events that may affect water supplies.
(H)
								
								No contract or agreement to
			 sell or lease water from a canal or canal reservoir within any state nature
			 preserve or state natural area that is owned by the department
			 will be sanctioned, executed, or otherwise permitted by
			 the director.
(I) No lease or
			 sale agreement is necessary for the use of water
			 from a canal or canal reservoir that is operated and maintained by the director
			  for operation of
			 departmental facilities.
(J)
								Waters within
			 any canal reservoir or canal that was constructed or purchased, wholly or in
			 part, with funds from hunting or fishing licenses, deer and wild turkey
			 permits, or trapping permits as provided in sections
			 1533.15 and
			 1533.33 of the Revised Code
			 are excluded from any provisions of this chapter
			 allowing the director to approve the sale, lease, or other distribution of such
			 waters, except as specified in rule
			 1501-7-06 of the Administrative
			 Code.