(a) All persons or entities:

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Terms Used In Tennessee Code 69-7-204

  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(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(1) Increase the amount of water withdrawn, when some or all of the water will be transferred to a different river basin; or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.
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