Section 0400-40-13-.05 - CRITERIA FOR ISSUANCE OF INDIVIDUAL PERMITS(1) In reviewing a permit application, the Commissioner shall consider information developed through studies, analyses, or inquiries undertaken by the Commissioner and information and comments submitted to the Commissioner by the applicant, public agencies, affected persons, and the public.(2) The following factors will be used by the Commissioner in making a determination on a permit application: (a) the quantity of the proposed withdrawal and the stream flow of the losing river(s), with special concern for low flow conditions;(b) protection of the present uses, and consideration of projected stream uses of the losing river(s), including but not limited to, present agricultural, municipal, industrial and in-stream uses, and assimilative needs, with special concern for low flow conditions;(c) protection of the water quality in the losing river(s) at low flow conditions;(d) the reasonably foreseeable future water needs of the losing river basin;(e) the reasonably foreseeable future water needs of the applicant for the water to be transferred, including methods of water use, conservation, and efficiency of use;(f) the beneficial impact of any proposed transfer, and the capability of the applicant to implement effectively its responsibilities under the requested permit;(g) the nature of the applicant's use of the water, to determine whether the use is reasonable and beneficial;(h) whether the proposed project shall promote conservation of water;(i) the feasibility, the costs, and the environmental impacts of alternative sources of supply;(j) the requirements of other state or federal agencies with authority relating to water resources;(k) the availability of water in the losing river basin to respond to emergencies, including drought;(l) whether the project shall have any beneficial or detrimental impact on navigation, hydropower or other power generation, fish and wildlife habitat, aesthetics, or recreation;(m) the quantity, location, and timing of water returned to the basin of origin or a downstream basin;(o) any offsetting increases in flow in the basin of origin that may be arranged through permit conditions;(p) the number of downstream river miles from which water will be diverted as a result of the transfer; and(q) such other factors as are reasonably necessary to carry out the purposes of the Act and this chapter. The foregoing list is to be used by the Commissioner as a basis both to deny permits and to impose conditions in permits that are issued. The commissioner should use sound discretion in applying this list. It is not intended that the Commissioner must deny a permit if, in considering the list as a whole, it is the Commissioner's judgment that the permit should be issued. On the other hand, if one or two of the factors are of such overriding importance that it is the Commissioner's determination that they necessitate denial of a permit, which is an appropriate use of these factors.
(3) No transfer of water may be permitted at any time that would impair the classified uses of a losing river. Furthermore, no transfer of water shall cause the remaining flow in the losing river basin to be less than the seven day, ten year low flow as established prior to the inter-basin transfer unless a condition on the permit states that the transfer of water shall be required to cease when the instantaneous stream flow of the river of origin is equal to or less than a specified value.Tenn. Comp. R. & Regs. 0400-40-13-.05
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.