Section 0400-40-13-.01 - PURPOSE, SCOPE, AND APPLICABILITY(1) Purpose of The Inter-Basin Water Transfer Act 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 The Inter-basin Water Transfer Act 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 The Inter-basin Water Transfer Act is remedial and police power legislation, the General Assembly has declared that it shall be liberally construed to effectuate its purpose.
(2) Purpose of this Chapter The purpose of this chapter is to implement the Inter-basin Water Transfer Act through establishing procedures and requirements for permit application, processing, terms and conditions for permits, and otherwise regulate the inter-basin transfer of water.
(3) Who must apply for a permit: (a) All persons or entities: 1. which have been granted powers by the State of Tennessee to acquire water, water rights and associated property by eminent domain or condemnation; or2. which acquire or supply water for the use or benefit of public water supply systems as defined in Title 68, Chapter 221, Section 703 , shall, when proposing a new or increased withdrawal of surface water or ground water for the purpose of transferring and/or diverting 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, or his or her designee, prior to such diversion or transfer; provided, however, 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) Subparagraph (a) of this paragraph states who must apply for a permit as it is stated in T.C.A. § 69-7-201. Without limiting what is stated there, the following are examples of entities that must apply for a permit:1. A new public water system whose service area will include an area that is outside of the basin of origin;2. A public water system that proposes a new withdrawal point that is not in the same basin as some or all of the system;3. A public water system that proposes to increase the amount it is withdrawing in order to transfer some or all of it to a system in a basin different from the basin of origin;4. A public water system that proposes to increase the amount it is withdrawing in order to transfer some or all of it to another system in the basin of origin that will then transfer the water to a system in a basin different from the basin of origin; and5. A private individual or corporation that proposes to withdraw water and transfer it to a public water system in a basin different from the basin of origin, either directly or through an intermediary.Tenn. Comp. R. & Regs. 0400-40-13-.01
Original rule filed September 17, 2013; effective December 16, 2013. Rule renumbered from 1200-04-13.Authority: T.C.A. §§ 69-3-101 et seq., 69-7-201 et seq. and 4-5-201 et seq.