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2021 Tennessee Code
Title 69 - Waters, Waterways, Drains and Levees
Chapter 7 - Water Management
Part 2 - Inter-Basin Water Transfers
§ 69-7-204. Acquisition of Permit — Determination of Amount of Existing Inter-Basin Transfer
Universal Citation: TN Code § 69-7-204 (2021)
- All persons or entities:
- That have been granted powers by the state to acquire water, water rights and associated property by eminent domain or condemnation; or
- 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.
- 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:
- Increase the amount of water withdrawn, when some or all of the water will be transferred to a different river basin; or
- Locate a new intake for withdrawal, when some or all of the water will be transferred to a different river basin.
- 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.
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