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-.05 - CRITERIA FOR ISSUANCE OF INDIVIDUAL PERMITS
Current through September 24, 2024
(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:
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.
Authority: T.C.A. §§ 69-3-101 et seq., 69-7-201 et seq. and 4-5-201 et seq.