70-5-112 - Definitions Reelfoot Lake Diversion of water. - Tennessee Statutes

70-5-112. Definitions Reelfoot Lake Diversion of water.

(a)  As used in this section, unless the context otherwise requires:

     (1)  “Entity of state or local government” means each department, commission, board, agency, council, utility district, drainage district, levee district, or other governmental unit or body created constitutionally or by enactment or action of state government, local government, or any subdivision of state or local government;

     (2)  “Person” means any individual, partnership, firm, corporation, or association;

     (3)  “Project” means any activity, operation, construction, building, structure, facility, or installation from which there is or may be the discharge of water; and

     (4)  “Water” means any and all water, public or private, on or beneath the surface of the ground, which is contained within, flows through, or borders upon the watershed of Reelfoot Lake or any portion of Reelfoot Lake, except those bodies of water confined to and retained within the limits of private property in single ownership that do not combine or effect a junction with natural surface, subsurface, or underground waters.

(b)  Notwithstanding the provisions of any law or regulation to the contrary, without the prior written approval of the executive director of the agency, or the executive director's designee, no official, employee, or agent of any entity of state or local government, nor any other person, shall authorize, undertake, or engage in any activity, practice, or project that has or is likely to have the effect of diverting surface or subsurface water that would otherwise flow into Reelfoot Lake. Furthermore, without such prior written approval, no such official, employee, or agent, nor any other person, shall authorize, undertake, or engage in any activity, practice, or project that has or is likely to have the effect of draining or otherwise removing water from Reelfoot Lake. The executive director shall promulgate rules, in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, that establish procedures for obtaining such approval and that delineate the circumstances and conditions, if any, under which such diversion, drainage, or removal may be permitted without detrimental impact upon the management, protection, preservation, or enhancement of Reelfoot Lake or its fish, waterfowl, and wildlife populations and habitats.

(c)  Each violation of the provisions of this section constitutes a Class C misdemeanor and is punishable by a fine of not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00). Any violation that continues into a successive day shall be regarded as a separate offense.

[Acts 1986, ch. 670, § 1.]