Rules & Regulations of the State of Tennessee
Title 0400 - Environment and Conservation
Subtitle 0400-40 - Water Resources (WPC)
Chapter 0400-40-13 - Inter-Basin Water Transfers
Section 0400-40-13-.02 - DEFINITIONS

When used in this Rule the following terms have the meanings given below unless otherwise specified:

"Act" means The Inter-basin Water Transfer Act, T.C.A. §§ 69-7-201 et seq.

"Basin" or "river basin" means the entire topographic extent of the ten watersheds and combinations of watersheds named in T.C.A. § 69-7-203. Maps of these basins may be viewed at the department's web site, currently at: http://www.tn.gov/environment/watersheds.

"Basin of origin" means the river basin where the point of withdrawal for a transfer is located.

"Board" means the Board of Water Quality, Oil and Gas.

"Commissioner" means the Commissioner of the Department of Environment and Conservation or the Commissioner's duly authorized representative, or in the event of the Commissioner's absence, or a vacancy in the office of Commissioner, the Deputy Commissioner.

"Department" means the Department of Environment and Conservation.

"Downstream basin" means a basin that is downstream of the basin of origin.

"Intermediaries" means any water systems or other persons that receive water from a withdrawing system and either transfer it to another basin or pass it on to another intermediary.

"Losing river" or "Losing river basin" means a river or river basin which sustains a decrease in water as the result of a diversion or transfer of water to a different river basin and there is no significant return of the water to the river or river basin of origin.

"Permit" means an Inter-basin Water Transfer Permit. Permits are of two types, individual permits are issued for particular transfers after an application is made describing the particular project as provided in Rules 0400-40-13-.03 through 0400-40-13-.06; general permits are issued by the Commissioner for categories or classes of transfers and a person may be authorized for a transfer under the coverage of a general permit by filing a Notice of Intent, as provided in Rule 0400-40-13-.07.

"Person" means any or all persons, including individuals, firms, partnerships, associations, limited liability companies, public or private institutions, municipalities or political subdivisions, federal or state governmental agencies, or private or public corporations organized under the laws of this state or any other state or country.

"Potentially affected communities" means those units of local government, e.g., municipalities, counties, or utility districts, that have a public water system that withdraws water from a river basin or municipalities that are located downstream of a proposed transfer within 50 river miles of the proposed withdrawal point.

"Potentially affected water users" means potentially affected communities and persons with an NPDES permit for a discharge, persons with a permit for a withdrawal of water, and downstream of a proposed transfer within 50 river miles of the proposed withdrawal point.

"Protected Area" means a basin or portions of a basin wherein the demands upon supply made by water users have developed or threatens to develop to such a degree as to create a water shortage. These areas shall be determined and delineated by the Board of Water Quality, Oil and Gas after giving due notice and conducting a public hearing.

"Receiving river basin" means a river basin which is the recipient of an increase in water, over and above that occurring naturally, as the result of a transfer of water from a different river basin.

"Return of water" or "return" means water that is returned to the basin of origin or a downstream basin after a transfer to a different basin.

"Seven day, ten year low flow" or "7Q10 flow" or "low flow" means the lowest average daily flow for a duration of seven consecutive days with a recurrence interval of ten years and which is determined for the point of withdrawal from an unregulated stream, or for a withdrawal from a regulated stream, the minimum critical flow occurring once in ten years as determined by an analysis of records of operation and approved by the Commissioner.

"Significant potential to affect the flow" means, in the context of whether a ground water withdrawal is likely to affect a surface water, a withdrawal of ground water in a location that:

(a) is in close proximity horizontally and vertically to a stream; and

(b) has ground water with a significant degree of hydraulic connection to the surface water.

"Surface water" means any water located on the land surface which is not derived by pumping from ground water.

"Transfer" means the withdrawal, diversion, or pumping of surface water from one river basin and the use or discharge of all or any part of the water in a basin different from the basin of origin.

"Transfer facility" means any natural or man-made structure used to affect a transfer including, but not limited to, pumps, pipelines, canals, storage units, water treatment units and wastewater treatment units.

"Withdrawal" means the diversion or pumping of water out of a surface stream or from ground water if the loss of the ground water has a significant potential to adversely affect the flow of a Tennessee surface water in the basin of origin, whether or not there is a transfer.

Authority: T.C.A. §§ 69-3-101 et seq., 69-7-201 et seq. and 4-5-201 et seq.