As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 231

Representative Wachtmann 

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A BILL

To amend sections 1501.33, 1521.04, 1522.03, and

1

1522.05, to enact sections 1522.10, 1522.101, and

2

1522.11 to 1522.20, and to repeal section 1522.07

3

of the Revised Code to establish a program for the

4

issuance of permits for the withdrawal and

5

consumptive use of waters from the Lake Erie

6

basin.

7

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That sections 1501.33, 1521.04, 1522.03, and	8
1522.05 be amended and sections 1522.10, 1522.101, 1522.11,	9
1522.12, 1522.13, 1522.14, 1522.15, 1522.16, 1522.17, 1522.18,	10
1522.19, and 1522.20 of the Revised Code be enacted to read as	11
follows:	12

Sec. 1501.33.  (A) Except as provided in divisions (B) and,	13
(C), and (D) of this section, no person shall allow a facility	14
that the person owns to withdraw waters of the state in an amount	15
that would result in a new or increased consumptive use of more	16
than an average of two million gallons of water per day in any	17
thirty-day period without first obtaining a permit from the	18
director of natural resources under section 1501.34 of the Revised	19
Code. The person shall submit an application for a permit to the	20
director on a form hethe director prescribes, which application	21
shall declare and document all of the following:	22

(1) The facility's current withdrawal capacity per day if the	23
withdrawal is to occur at a facility already in operation;	24

(2) The total new or increased daily withdrawal capacity	25
proposed for the facility;	26

(3) The locations and sources of water proposed to be	27
withdrawn;	28

(4) The locations of proposed discharges or return flows;

29

(5) The locations and nature of proposed consumptive uses;

30

(6) The estimated average annual and monthly volumes and	31
rates of withdrawal;	32

(7) The estimated average annual and monthly volumes and	33
rates of consumptive use;	34

(8) The effects the withdrawal is anticipated to have with	35
respect to existing uses of water resources;	36

(9) A description of other ways the applicant's need for	37
water may be satisfied if the application is denied or modified;	38

(10) A description of the conservation practices the	39
applicant intends to follow;	40

(11) Any other information the director may require by rule.

41

Each application shall be accompanied by a nonrefundable fee	42
of one thousand dollars, which shall be credited to the water	43
management fund created under section 1501.32 of the Revised Code.	44

(B) A major utility facility that is subject to regulation	45
under Chapter 4906. of the Revised Code need not obtain a permit	46
under section 1501.34 of the Revised Code.	47

(C)(1) A public water system, as that term is defined in	48
section 6109.01 of the Revised Code, that withdraws waters of the	49
state in an amount that would result in a new or increased	50
consumptive use of more than two million gallons per day need not	51
obtain a permit under section 1501.34 of the Revised Code if any	52
of the following apply:	53

(a) The public water system was in operation on the effective	54
date of this section and no substantial changes are proposed for	55
that system except as specified in division (C)(1)(c) of this	56
section;.	57

(b) A public water system that is proposed to be constructed	58
or installed, or an existing system for which changes are	59
proposed, encompasses only water distribution facilities;.	60

(c) A public water system, other than one that encompasses	61
only water distribution facilities, is proposed to be constructed	62
or installed, or substantial changes in the design capacity of an	63
existing system, other than one that encompasses only water	64
distribution facilities, are proposed; the plans submitted for the	65
system to the director of environmental protection under section	66
6109.07 of the Revised Code declare and document the information	67
specified in division (A) of this section and rules adopted under	68
it as determined by the director of natural resources; and the	69
director of environmental protection has applied the criteria	70
specified in division (A) of section 1501.34 of the Revised Code	71
in reviewing and approving the plans as determined by the director	72
of natural resources.	73

(2) Any public water system that withdraws waters of the	74
state in an amount that would result in a new or increased	75
consumptive use of more than two million gallons per day and that	76
does not meet the criteria specified in divisions (C)(1)(a), (b),	77
or (c) of this section shall obtain a permit under section 1501.34	78
of the Revised Code. A person who submits plans for such a system	79
under section 6109.07 of the Revised Code may request the director	80
of natural resources in writing to consider those plans as an	81
application under this section. No later than twenty days after	82
receiving the request, the director shall notify the person of one	83
of the following:	84

(a) The plans declare and document the information specified	85
in division (A) of this section and rules adopted under it and are	86
accepted as an application under this section, and the person	87
shall submit to the director the application fee required under	88
division (A) of this section;.	89

(b) Additional specified information is necessary before the	90
director can accept the plans as an application;.	91

(c) The plans do not meet the requirements of division (A) of	92
this section and rules adopted under it and an application shall	93
be submitted in accordance with this section.	94

(D) A facility that is required to obtain a permit under	95
sections 1522.10 to 1522.20 of the Revised Code need not obtain a	96
permit under section 1501.34 of the Revised Code.	97

Sec. 1521.04.  The chief of the division of soil and water	98
resources, with the approval of the director of natural resources,	99
may make loans and grants from the water management fund created	100
in section 1501.32 of the Revised Code to governmental agencies	101
for water management, water supply improvements, and planning and	102
may administer grants from the federal government and from other	103
public or private sources for carrying out those functions and for	104
the performance of any acts that may be required by the United	105
States or by any agency or department thereof as a condition for	106
the participation by any governmental agency in any federal	107
financial or technical assistance program. Direct and indirect	108
costs of administration may be paid from the fund.	109

The chief may use the water management fund for the purposes	110
of administering the water diversion and consumptive use permit	111
programs established in sections 1501.30 to 1501.35 of the Revised	112
Code and the withdrawal and consumptive use permit program	113
established under sections 1522.10 to 1522.20 of the Revised Code;	114
to perform watershed and water resources studies for the purposes	115
of water management planning; and to acquire, construct,	116
reconstruct, improve, equip, maintain, operate, and dispose of	117
water management improvements. The chief may fix, alter, charge,	118
and collect rates, fees, rentals, and other charges to be paid	119
into the fund by governmental agencies and persons who are	120
supplied with water by facilities constructed or operated by the	121
department of natural resources in order to amortize and defray	122
the cost of the construction, maintenance, and operation of those	123
facilities.	124

Sec. 1522.03. (A) Subject to the limitations established in	125
division (B) of section 1522.05 of the Revised Code, the director	126
of natural resourcesThe chief of the division of soil and water	127
resources shall do both of the following:	128

(1) Adopt rules in accordance with Chapter 119. of the	129
Revised Code for the implementation, administration, and	130
enforcement of this chapter;	131

(2) Enforceenforce the great lakes-st. Lawrence river basin	132
water resources compact and take appropriate actions to effectuate	133
its purposes and intent.	134

(B) Subject to the limitations established in division (B) of	135
section 1522.05 of the Revised Code, any appropriate state agency	136
or governmental officer shall enforce the compact and take	137
appropriate actions to effectuate its purpose and intent.	138

Sec. 1522.05. (A) Pursuant to Section 9.2 of the great	139
lakes-st. Lawrence river basin water resources compact, the	140
governor may take such actions as are necessary for the initial	141
organization and operation of the great lakes-st. Lawrence river	142
basin water resources council created in Section 2.1 of the	143
compact. Agencies of the state are hereby authorized to cooperate	144
with the council.	145

(B)(1) The governor, the department of natural resources, or	146
any other agency of the state shall not adopt rules or implement	147
any program regulating the use, withdrawal, consumptive use, or	148
diversion of water pursuant to Sections 4.10 and 4.12.2 of the	149
compact unless the general assembly enacts legislation after the	150
effective date of this section authorizing the implementation of	151
the program or adoption of rules.	152

In addition, theThe governor, the department of natural	153
resources, or any other agency of the state shall not adopt rules	154
or implement any mandatory program governing water conservation	155
and efficiency pursuant to Section 4.2 of the compactrelated to	156
the great lakes-st. Lawrence river basin water resources compact	157
unless the general assembly enacts legislation after the effective	158
date of the compact authorizing the implementation of the program	159
or adoption of the rules. However, theThe governor, the	160
department of natural resources, or any other agency of the state	161
mayshall not adopt rules concerning and may implement voluntary	162
establishing a mandatory water conservation and efficiency	163
programsprogram without authorization from the general assembly.	164
Such voluntary programs shall not include any mandatory	165
requirements.	166

(2) Division (B)(1) of this section does not prohibit the	167
effectuation of Sections 4.8 and 4.9 of the compact after the	168
effective date of the compact or prohibit the continued	169
implementation and enforcement by the governor or applicable	170
agencies of this state of laws, rules, or programs regulating the	171
use, withdrawal, consumptive use, or diversion of water that are	172
in effect on or before the effective date of this section.	173

Sec. 1522.10.  As used in sections 1522.10 to 1522.20 of the	174
Revised Code:	175

(A) "Baseline facility" means a facility identified in the	176
baseline report, a facility added to the baseline report under	177
section 1522.16 of the Revised Code, or any other facility that	178
has commenced withdrawal and consumptive use activities since the	179
submission of the baseline report and prior to the effective date	180
of this section.	181

(B) "Baseline facility abandonment" means the voluntary and	182
affirmative termination of a baseline facility's withdrawal and	183
consumptive use capacity as listed in the baseline report.	184
"Baseline facility abandonment" does not include the nonuse or the	185
transfer of a baseline facility's withdrawal and consumptive use	186
capacity.	187

(C) "Baseline report" means a list of the withdrawal and	188
consumptive use capacities of facilities that was developed for	189
purposes of section 4.12 of the great lakes-st. Lawrence river	190
basin water resources compact by the department of natural	191
resources and submitted to the great lakes-st. Lawrence river	192
basin water resources council on December 8, 2009.	193

(D) "Capacity" means the ability of a facility's pumps,	194
pipes, and other appurtenances to withdraw and consumptively use	195
water when operated under intended normal operating conditions.	196

(E) "Consumptive use" does not include water purchased from a	197
public water supplier and, for purposes of determining a new or	198
increased capacity for consumptive use, is the use based on a	199
coefficient of consumptive use generally accepted in the	200
scientific community that most accurately reflects the process at	201
a facility.	202

(F) "Facility" means any site, installation, or building at	203
which water withdrawal and consumptive use activities take place	204
that is located at a property or on contiguous properties and that	205
is under the direction of either a private or public entity.	206

(G) "Facility abandonment" means the voluntary and	207
affirmative termination of a facility's withdrawal and consumptive	208
use capacity as listed in a withdrawal and consumptive use permit	209
issued under section 1522.11 of the Revised Code. "Facility	210
abandonment" does not include the nonuse or the transfer of a	211
facility's withdrawal and consumptive use capacity.	212

(H) "High quality water" means a river or stream that has	213
been designated by the environmental protection agency under	214
Chapter 3745-1 of the Administrative Code not later than the	215
effective date of this section as an exceptional warm water	216
habitat, cold water habitat, outstanding state water, or superior	217
high-quality water. However, "high quality water" does not include	218
outstanding state waters that are designated as such due to	219
exceptional recreational values.	220

(I) "Increased capacity" does not include any capacity that	221
results from alterations or changes made at a facility that	222
replace existing capacity without increasing the capacity of the	223
facility.	224

(J) "Recognized navigational channel" means that portion of a	225
river or stream extending from bank to bank that is, as of the	226
effective date of this section, a state or federally maintained	227
navigational channel.	228

(K) "River or stream" means any river or stream in the Lake	229
Erie watershed identified on the effective date of this section in	230
the gazateer of Ohio streams.	231

(L) "River or stream under the influence of Lake Erie" means	232
that portion of a river or stream that has a bottom elevation at	233
or below the highest monthly long-term level of Lake Erie, as	234
designated by the United States army corp of engineers, of five	235
hundred seventy-one and nine-tenths feet above sea level and to	236
which both of the following apply:	237

(1) The portion of the river or stream is a direct tributary	238
of Lake Erie.	239

(2) The portion of the river or stream is a recognized	240
navigational channel.	241

"River or stream under the influence of Lake Erie" also	242
includes that portion of any river or stream that is a tributary	243
of Lake Erie that has a stream bottom elevation at or below five	244
hundred seventy-one and nine-tenths feet above sea level.	245

Sec. 1522.101. (A) For purposes of this chapter, with respect	246
to the definition of "source watershed" in section 1522.01 of the	247
Revised Code, the general assembly declares that "source	248
watershed" means the Lake Erie watershed. Further, the general	249
assembly declares as nonbinding the preference in that definition	250
for the "source watershed" to be the direct tributary stream	251
watershed from which water is withdrawn.	252

(B) Nothing in sections 1522.10 to 1522.20 of the Revised	253
Code shall limit a person's right to the reasonable use of ground	254
water, water in a lake, or any other watercourse in contravention	255
of Section 19b of Article I, Ohio Constitution.	256

Sec. 1522.11.  (A) For purposes of the great lakes-st.	257
Lawrence river basin water resources compact, not later than one	258
hundred eighty days after the effective date of this section, the	259
chief of the division of soil and water resources shall establish	260
a program for the issuance of permits for the withdrawal and	261
consumptive use of water from the Lake Erie watershed. Upon	262
establishment of the program, the owner or operator of a facility	263
that is not otherwise exempt under section 1522.13 of the Revised	264
Code shall obtain a withdrawal and consumptive use permit from the	265
chief if the facility meets any of the following threshold	266
criteria:	267

(1) The facility has a new or increased capacity for	268
withdrawals and consumptive uses from Lake Erie or a river or	269
stream under the influence of Lake Erie of at least five million	270
gallons per day averaged over a ninety-day period.	271

(2) Except as provided in division (A)(3) of this section,	272
the facility has a new or increased capacity for withdrawals and	273
consumptive uses from any river or stream other than a river or	274
stream under the influence of Lake Erie or from ground water in	275
the Lake Erie watershed of at least two million gallons per day	276
averaged over a ninety-day period.	277

(3) The facility has a new or increased capacity for	278
withdrawals and consumptive uses of at least three hundred	279
thousand gallons per day averaged over a ninety-day period from	280
any river or stream to which both of the following apply:	281

(a) The river or stream is a high quality water.

282

(b) The river or stream has a drainage area of less than one	283
hundred square miles measured at the point where the withdrawal or	284
consumptive use occurs.	285

(B) Permits issued under this section shall be issued only	286
for the amount of withdrawal and consumptive use capacity of a	287
facility that exceeds threshold amounts established in division	288
(A) of this section. A permit shall neither address nor be	289
required for the portion of the withdrawal and consumptive use	290
capacity of the facility below that threshold amount.	291

(C) An applicant for a permit shall submit an application to	292
the chief on a form that the chief prescribes. The applicant shall	293
include with the application all of the following:	294

(1) The name and address of the applicant and of a contact	295
person for the applicant;	296

(2) A description of all of the following:

297

(a) The facility's current withdrawal capacity per day if the	298
withdrawal is to occur at a facility already in operation;	299

(b) The total new or increased daily withdrawal capacity	300
proposed for the facility;	301

(c) The locations and sources of water proposed to be	302
withdrawn;	303

(d) The locations of proposed discharges or return flows;

304

(e) The locations and nature of proposed consumptive uses and	305
the applicable consumptive use coefficient for the facility;	306

(f) The estimated average annual and monthly volumes and	307
rates of withdrawal;	308

(g) The estimated average annual and monthly volumes and	309
rates of consumptive use;	310

(h) Other ways the applicant's need for water may be	311
satisfied if the application is denied or modified.	312

(3) A nonrefundable application fee of one thousand dollars	313
the proceeds of which shall be credited to the water management	314
fund created in section 1501.32 of the Revised Code.	315

The chief shall not require an applicant to submit any	316
information with an application other than the information	317
required by divisions (C)(1) and (2) of this section.	318

(D) A permit is valid until the facility to which the permit	319
applies is the subject of facility abandonment. Once every five	320
years, the owner or operator of a facility shall certify to the	321
chief that the facility is in compliance with the permit that has	322
been issued for the facility.	323

(E) No person that is required to do so shall fail to apply	324
for and receive a withdrawal and consumptive use permit.	325

(F) A permit issued under this section shall include terms	326
and conditions restricting the withdrawal and consumptive use by a	327
facility to amounts not exceeding the capacity of the facility.	328

Sec. 1522.12.  (A) In making the decision to issue or deny a	329
withdrawal and consumptive use permit, the chief of the division	330
of soil and water resources shall apply the criteria established	331
in section 4.11 of the great lakes-st. Lawrence river basin water	332
resources compact.	333

For purposes of applying the criteria established in section	334
4.11 of the great lakes-st. Lawrence river basin water resources	335
compact, all of the following apply:	336

(1) If a withdrawal and consumptive use by a facility from	337
Lake Erie or a river or stream under the influence of Lake Erie	338
will not lower the water level in Lake Erie by one inch over a	339
five-year period from the long-term mean Lake Erie water level of	340
five hundred seventy-one and nine-tenths feet above sea level, it	341
is irrebuttably presumed that the withdrawal and consumptive use	342
will not cause a significant individual or cumulative adverse	343
impact to the quantity or quality of waters and water dependent	344
natural resources and the Lake Erie watershed.	345

(2) If a withdrawal and consumptive use by a facility from	346
ground water or from a river or stream that is not a river or	347
stream under the influence of Lake Erie will not lower the water	348
level in Lake Erie by one-half inch over a five-year period from	349
the long-term mean Lake Erie water level of five hundred	350
seventy-one and nine-tenths feet above sea level, it is	351
irrebuttably presumed that the withdrawal and consumptive use will	352
not cause a significant individual or cumulative adverse impact to	353
the quantity or quality of waters and water dependent natural	354
resources and the Lake Erie watershed.	355

(3) A withdrawal and consumptive use from any river or stream	356
that is a high quality water with a drainage area of less than one	357
hundred square miles has or will have no significant individual or	358
cumulative adverse impacts on the Lake Erie watershed unless the	359
withdrawal and consumptive use adversely impacts the high quality	360
water as determined by the chief in accordance with rules adopted	361
under section 1522.14 of the Revised Code.	362

(B) The chief shall not submit an application for a	363
withdrawal and consumptive use permit for regional review to the	364
regional body as defined in section 1.2 of the great lakes-st.	365
Lawrence river basin water resources compact unless regional	366
review is agreed to by the applicant for the permit.	367

(C) The chief shall issue a withdrawal and consumptive use	368
permit for a facility only if the chief determines that a facility	369
meets all of the criteria established in section 4.11 of the great	370
lakes-st. Lawrence river basin water resources compact.	371

(D) A withdrawal or consumptive use is reasonable under	372
section 4.11.5 of the great lakes-st. Lawrence river basin water	373
resources compact unless a determination is made that the	374
withdrawal or consumptive use is not reasonable by a court of	375
competent jurisdiction in this state pursuant to section 1521.17	376
of the Revised Code. This division does not provide standing to	377
the department of natural resources to bring suit under the	378
reasonable use doctrine.	379

Sec. 1522.13.  The following are exempt from the requirement	380
to obtain a withdrawal and consumptive use permit:	381

(A) A facility or proposed facility that has a withdrawal and	382
consumptive use capacity or proposed capacity below the threshold	383
amounts established in divisions (A)(1) to (3) of section 1522.11	384
of the Revised Code;	385

(B) A baseline facility that has not increased its withdrawal	386
and consumptive use capacity beyond the capacity listed in the	387
baseline report and beyond the thresholds established in section	388
1522.11 of the Revised Code;	389

(C) A facility that is required to increase its withdrawal	390
and consumptive use capacity as a result of legal requirements	391
established by federal, state, or local governmental authorities;	392

(D) A facility making a withdrawal and consumptive use from	393
nonchannelized surface water that is not a river or stream or from	394
an impoundment of water that is isolated and does not depend	395
entirely on ground water for replenishment such as a farm pond,	396
golf course pond, or other similar retention pond;	397

(E) A facility that is establishing a new or is increasing	398
its withdrawal and consumptive use capacity as a result of an	399
emergency condition that, without the new or increased withdrawal	400
and consumptive use capacity, will result in imminent harm to	401
human health or property;	402

(F) A facility that is establishing a new or is increasing	403
its withdrawal and consumptive use capacity for testing purposes	404
only if the testing period will last no longer than thirty-six	405
months;	406

(G) A facility that is establishing a new or is increasing	407
its withdrawal and consumptive use capacity in order to respond to	408
a humanitarian crisis if the increased capacity is necessary to	409
assist in the management of that crisis;	410

(H) A facility that is exempt from the requirement to obtain	411
a permit under divisions (B) and (C) of section 1501.33 of the	412
Revised Code;	413

(I) A facility that undergoes a ground water review under	414
section 1514.13 of the Revised Code;	415

(J) A facility with ground water or surface water withdrawals	416
or consumptive uses that are subject to regulation under a state	417
or federal law other than sections 1522.10 to 1522.20 of the	418
Revised Code and other than a permit issued under Chapter 6111. of	419
the Revised Code and rules adopted under it;	420

(K) A facility that is withdrawing or consumptively using	421
water from an off-stream impoundment that has been substantially	422
filled by a withdrawal from a baseline facility or from a facility	423
for which a withdrawal and consumptive use permit has been issued.	424

Sec. 1522.14.  The chief of the division of soil and water	425
resources shall adopt rules in accordance with Chapter 119. of the	426
Revised Code that establish standards for what constitutes	427
significant individual or cumulative adverse impact to a high	428
quality water with a drainage area of less than one hundred square	429
miles for purposes of division (A)(3) of section 1522.12 of the	430
Revised Code.	431

Sec. 1522.15.  (A)(1) A permittee may transfer a withdrawal	432
and consumptive use permit upon the sale or transfer of a	433
facility. In addition, the owner of a baseline facility may	434
transfer the withdrawal and consumptive use capacity of the	435
baseline facility upon the sale or transfer of the baseline	436
facility. Transferred capacity of a baseline facility shall not	437
require a withdrawal and consumptive use permit. Notice of a	438
transfer shall be given to the chief of the division of soil and	439
water resources in a manner prescribed by the chief.	440

(2) If a permittee sells a portion of a facility for which a	441
withdrawal and consumptive use permit has been issued, the	442
permittee may transfer the applicable portion of the withdrawal	443
and consumptive use capacity authorized by the withdrawal and	444
consumptive use permit. The permittee shall provide notice of such	445
a transfer to the chief in a manner prescribed by the chief. Upon	446
receipt of the notice and if a permit is required based on the	447
threshold amounts established in divisions (A)(1) to (3) of	448
section 1522.11 of the Revised Code, the chief shall issue a new	449
permit to the permittee who transferred the portion of the	450
facility and a new permit to the transferee. Any new permits shall	451
reflect the transfer of the portion of the withdrawal and	452
consumptive use capacity.	453

(3) If the owner of a baseline facility sells a portion of	454
the baseline facility, the owner may transfer the applicable	455
portion of the withdrawal and consumptive use capacity listed in	456
the baseline report for that facility. The owner shall provide	457
notice of such a transfer to the chief in a manner prescribed by	458
the chief. The chief shall not require the owner of the baseline	459
facility or the transferee to obtain a withdrawal and consumptive	460
use permit. Rather, the chief shall update the baseline report to	461
reflect the transfer.	462

(B) The chief shall remove a facility from the baseline	463
report when the facility is subject to baseline facility	464
abandonment. However, a baseline facility shall not be removed	465
from the baseline report for the nonuse or the transfer of the	466
facility's baseline capacity.	467

Sec. 1522.16. (A) The owner or operator of a facility may	468
petition the chief of the division of soil and water resources for	469
either of the following:	470

(1) Inclusion in the baseline report if the owner or operator	471
believes that the facility was erroneously excluded from the	472
report;	473

(2) The amendment of the amount of a withdrawal and	474
consumptive use or other information included in the baseline	475
report regarding the facility if the owner or operator believes	476
that the information is incorrect.	477

(B) The chief shall issue an order either approving or	478
disapproving a petition submitted under this section. The chief	479
shall issue the order based on a thorough examination of the	480
circumstances concerning the petition.	481

(C) An order of the chief issued under this section may be	482
appealed in accordance with section 1522.19 of the Revised Code.	483

(D) The chief shall establish procedures for the submission	484
of petitions under this section.	485

Sec. 1522.17.  (A) The chief of the division of soil and	486
water resources shall establish a voluntary water conservation	487
program that is applicable to all facilities that are the subjects	488
of withdrawal and consumptive use permits. The owner or operator	489
of a facility may participate in the program. If the owner or	490
operator chooses to participate in the program, the owner or	491
operator shall develop best management water conservation	492
practices that are economically feasible and applicable to the	493
facility. The owner or operator has discretion to determine which	494
practices are best management practices for purposes of the	495
voluntary program. Any reporting that is required under the	496
program is proprietary and shall be confidential and not subject	497
to section 149.43 of the Revised Code. Nothing in this chapter	498
authorizes the chief or the director of natural resources to adopt	499
rules requiring mandatory conservation of water resources. The	500
general assembly shall not amend this division in any manner that	501
would require a mandatory water conservation program without at	502
least a two-thirds majority vote of the senate and house of	503
representatives.	504

This division complies with the requirements of section	505
4.11.3 of the great lakes-st. Lawrence river basin water resources	506
compact.	507

(B) Every five years, the chief shall make an assessment of	508
the cumulative impacts of withdrawals and consumptive uses from	509
the waters of the Lake Erie watershed for purposes of section 4.15	510
of the great lakes-st. Lawrence river basin water resources	511
compact. The assessment shall be based on reports, data, and other	512
information relating directly to withdrawals and consumptive uses	513
by facilities that have received a withdrawal and consumptive use	514
permit under this chapter. The chief shall prepare a report of the	515
assessment and shall submit a copy of it to the governor, the	516
speaker of the house of representatives, and the president of the	517
senate.	518

This division complies with the requirements of section	519
4.11.2 of the great lakes-st. Lawrence river basin water resources	520
compact as they relate to the assessment of significant cumulative	521
adverse impacts.	522

Sec. 1522.18.  (A) There is hereby created the water	523
resources review commission consisting of five members appointed	524
by the governor with the advice and consent of the senate. The	525
commission shall hear appeals that are made under section 1522.19	526
of the Revised Code. Of the initial members appointed to the	527
commission, one shall serve a term of three years, two shall serve	528
a term of four years, and two shall serve a term of five years as	529
designated by the governor. Thereafter, terms of office shall be	530
five years. Each member shall hold office from the date of	531
appointment until the end of the term for which the appointment	532
was made. Each vacancy occurring on the commission shall be filled	533
by appointment within sixty days after the vacancy occurs. Any	534
member appointed to fill a vacancy occurring prior to the	535
expiration of the term for which the member's predecessor was	536
appointed shall hold office for the remainder of that term. A	537
member shall continue in office subsequent to the expiration date	538
of the member's term until the member's successor takes office. A	539
member may be reappointed.	540

(B) Two of the appointees to the commission shall be experts	541
in economic development, two shall be experts in water resource	542
management, and one shall be a member of the public who is an	543
attorney at law who is admitted to practice in this state and is	544
familiar with the laws related to water resources. Not more than	545
three members shall be members of the same political party.	546

(C) Three members of the commission constitute a quorum, and	547
no action of the commission shall be valid unless it has the	548
concurrence of at least a majority of the members. The commission	549
shall keep a record of its proceedings. Annually one member shall	550
be elected as chairperson and another member shall be elected as	551
vice-chairperson for terms of one year.	552

(D) The commission shall adopt rules governing the procedure	553
for appeals conducted under section 1522.19 of the Revised Code	554
and may adopt rules governing its own internal management that do	555
not affect private rights.	556

(E) The governor may remove a member of the commission from	557
office for inefficiency, neglect of duty, malfeasance,	558
misfeasance, or nonfeasance after delivering to the member the	559
charges against the member in writing with at least ten days'	560
written notice of the time and place at which the governor will	561
publicly hear the member, either in person or by counsel, in	562
defense of the charges against the member. If the member is	563
removed from office, the governor shall file in the office of the	564
secretary of state a complete statement of the charges made	565
against the member and a complete report of the proceedings. The	566
action of the governor removing a member from office is final.	567

(F) A member shall be paid as compensation for work as a	568
member one hundred fifty dollars per day when actually engaged in	569
the performance of work as a member and when engaged in travel	570
necessary in connection with that work. In addition to monetary	571
compensation, a member shall be reimbursed for all traveling,	572
hotel, and other expenses, in accordance with the current travel	573
rules of the office of budget and management, necessarily incurred	574
in the performance of the member's work as a member.	575

Sec. 1522.19.  (A) A person having a direct economic interest	576
that is or may be adversely affected by a decision or order of the	577
chief of the division of soil and water resources under this	578
chapter may appeal the decision or order. The appeal shall be made	579
by filing a notice of appeal with the water resources review	580
commission for review of the decision or order not later than	581
thirty days after the decision or order is made. The person also	582
shall file a copy of the notice of appeal with the chief not later	583
than three days after filing the notice of appeal with the	584
commission. The notice of appeal shall contain a description of	585
the decision or order complained of and the grounds on which the	586
appeal is based. The commission has exclusive original	587
jurisdiction to hear and decide such appeals. The filing of a	588
notice of appeal under this division does not operate as a stay of	589
any decision or order of the chief.	590

(B) A permittee, if applicable, and the appellee, the chief,	591
and other interested persons shall be given written notice of the	592
date, time, and location of a hearing on the appeal at least five	593
days prior to the hearing. The hearing shall be of record.	594

(C) The commission shall affirm the decision or order of the	595
chief unless the commission determines by a preponderance of the	596
evidence that it is arbitrary, capricious, or otherwise	597
inconsistent with law; in that case the commission may modify the	598
decision or order of the chief or vacate it and remand it to the	599
chief for further proceedings that the commission may direct. The	600
commission shall render a decision not later than thirty days	601
after the hearing.	602

(D) The chairperson of the commission, under conditions that	603
the chairperson prescribes, may grant temporary relief that the	604
chairperson considers appropriate pending final determination of	605
an appeal if all of the following conditions are met:	606

(1) All parties to the appeal have been notified and given an	607
opportunity for a hearing on the request for temporary relief.	608

(2) The person requesting relief shows that there is a	609
substantial likelihood that the person will prevail on the merits.	610

(3) The relief will not adversely affect public health or	611
safety or cause significant imminent environmental harm to water	612
resources.	613

(E) A party that is aggrieved or adversely affected by a	614
decision of the water resources review commission may appeal to	615
the court of appeals for the county in which the activity	616
addressed by the decision of the commission occurred, is	617
occurring, or will occur. The appeal shall be filed not later than	618
thirty days after issuance of the decision of the commission. The	619
court shall confine its review to the record certified by the	620
commission. The court, upon motion, may grant temporary relief	621
that it considers appropriate pending final disposition of the	622
appeal if all of the following apply:	623

(1) All parties to the appeal have been notified and given an	624
opportunity to be heard on the request for temporary relief.	625

(2) The person requesting relief shows that there is a	626
substantial likelihood that the person will prevail on the merits.	627

(3) The relief will not adversely affect public health or	628
safety or cause significant imminent environmental harm to water	629
resources.	630

The court shall affirm the decision of the commission unless	631
the court determines that it is arbitrary, capricious, or	632
otherwise inconsistent with law; in that case the court shall	633
vacate the decision and remand it to the commission for further	634
proceedings that the court may direct.	635

(F) The water resources review commission or a court of	636
appeals shall not award attorney's fees to any party to an action	637
under this section.	638

(G) An appeal may not be taken under this section if the	639
subject of the appeal involves section 4.9 of the great lakes-st.	640
Lawrence river basin water resources compact.	641

Sec. 1522.20.  (A)(1) The chief of the division of soil and	642
water resources may issue an order to a person that the chief	643
determines has violated, is violating, or is threatening to	644
violate any provisions of this chapter, rules adopted under it, or	645
a withdrawal and consumptive use permit. The order shall identify	646
the facility where the violation has occurred, is occurring, or is	647
threatened to occur, the specific violation, and actions that the	648
owner or operator of the facility must take to comply with the	649
order. The order shall establish a reasonable date by which the	650
owner or operator must comply with the order.	651

(2) An order issued under division (A)(1) of this section	652
shall be in writing and shall contain a finding of the facts on	653
which the order is based. Notice of the order shall be given by	654
certified mail to each person whose rights, duties, or privileges	655
are affected. Notice also shall be posted on the web site of the	656
department of natural resources in a manner prescribed by the	657
chief.	658

(B) The attorney general, upon the request of the chief, may	659
bring an action for injunction against a person who has violated,	660
is violating, or is threatening to violate any provisions of this	661
chapter, rules adopted under it, a withdrawal and consumptive use	662
permit, or an order of the chief issued under division (A) of this	663
section. The action shall be brought in the court of common pleas	664
of the county in which the violation has occurred, is occurring,	665
or is threatened to occur. The court of common pleas in which an	666
action for injunction is filed has jurisdiction to and shall grant	667
preliminary and permanent injunctive relief upon a showing that	668
the person against whom the action is brought has violated, is	669
violating, or is threatening to violate any provisions of this	670
chapter, rules adopted under it, a permit, or an order of the	671
chief.	672

Section 2.  That existing sections 1501.33, 1521.04, 1522.03,	673
and 1522.05 and section 1522.07 of the Revised Code are hereby	674
repealed.	675

Section 3. For purposes of adopting rules under section	676
1522.14 of the Revised Code, as enacted by this act, regarding the	677
determination of what constitutes significant individual or	678
cumulative adverse impact to a high quality water with a drainage	679
area of less than one hundred square miles, the Chief of the	680
Division of Soil and Water Resources in the Department of Natural	681
Resources shall do both of the following:	682

(A) Convene an advisory group consisting of interested	683
parties to advise the Chief;	684

(B) Ensure that at least one member of the advisory group	685
represents The Nature Conservancy.	686

Section 4. The General Assembly hereby declares that the	687
purpose of this act is to protect private property rights	688
associated with surface and ground water in Ohio; to promote good	689
stewardship of Ohio's water resources; and to promote economic	690
development and job creation in Ohio by recognizing that abundant	691
fresh water is a highly desirable commodity.	692