As Passed by the Senate

129th General Assembly Regular Session 2011-2012

Sub. H. B. No. 231

Representative Wachtmann 

Cosponsors: Representatives Boose, Peterson, Beck, Blair, Blessing, Brenner, Buchy, Damschroder, Dovilla, Hackett, Hall, Hottinger, Huffman, Johnson, Kozlowski, Maag, Martin, McClain, Newbold, Roegner, Sears, Slaby, Thompson, Young Speaker Batchelder 

Senators Grendell, Schaffer, Coley, Daniels, Hite, Jordan 

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A BILL

To amend sections 1501.32, 1501.33, 1521.04, 1522.03,

1

and 1522.05, to enact sections 1522.10, 1522.101,

2

and 1522.11 to 1522.20, and to repeal section

3

1522.07 of the Revised Code to establish a program

4

for the 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 1501.32, 1501.33, 1521.04, 1522.03,	8
and 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. 1501.32.  (A) No person shall divert more than one	13
hundred thousand gallons per day of any waters of the state out of	14
the Lake Erie or Ohio river drainage basins to another basin	15
without having a permit to do so issued by the director of natural	16
resources. An application for such a permit shall be filed with	17
the director upon such forms as the director prescribes. The	18
application shall state the quantity of water to be diverted, the	19
purpose of the diversion, the life of the project for which the	20
water is to be diverted, and such other information as the	21
director may require by rule. Each application shall be	22
accompanied by a nonrefundable fee of one thousand dollars, which	23
shall be credited to the water management fund, which is hereby	24
created.	25

(B) The director shall not approve a permit application filed	26
under this section if the director determines that any of the	27
following applies:	28

(1) During the life of the project for which the water is to	29
be diverted, some or all of the water to be diverted will be	30
needed for use within the basin.	31

(2) The proposed diversion would endanger the public health,	32
safety, or welfare.	33

(3) The applicant has not demonstrated that the proposed	34
diversion is a reasonable and beneficial use and is necessary to	35
serve the applicant's present and future needs.	36

(4) The applicant has not demonstrated that reasonable	37
efforts have been made to develop and conserve water resources in	38
the importing basin and that further development of those	39
resources would engender overriding, adverse economic, social, or	40
environmental impacts.	41

(5) The proposed diversion is inconsistent with regional or	42
state water resources plans.	43

(6) The proposed diversion, alone or in combination with	44
other diversions and water losses, will have a significant adverse	45
impact on in-stream uses or on economic or ecological aspects of	46
water levels.	47

(7) The proposed diversion out of the Lake Erie watershed	48
does not qualify as an exception to the prohibition against	49
diversions from the great lakes basin that is established under	50
section 1522.01 of the Revised Code.	51

The director may hold public hearings upon any application	52
for a permit.	53

(C) Whenever the director receives an application under this	54
section to divert water out of the Lake Erie drainage basin, the	55
director shall notify the governors and premiers of the other	56
great lakes states and provinces, the appropriate water management	57
agencies of those states and provinces, and, when appropriate, the	58
international joint commission and shall solicit their comments	59
and concerns regarding the application. In the event of an	60
objection to the proposed diversion, the director shall consult	61
with the affected great lakes states and provinces to consider the	62
issues involved and seek mutually agreeable recommendations.	63
Before rendering a decision on the permit application, the	64
director shall consider the concerns, comments, and	65
recommendations of the other great lakes states and provinces and	66
the international joint commission, and, in accordance with	67
section 1109 of the "Water Resources Development Act of 1986," 100	68
Stat. 4230, 42 U.S.C.A. 1962d-20, the director shall not approve a	69
permit application for any diversion to which that section	70
pertains unless that diversion is approved by the governor of each	71
great lakes state as defined in section 1109(c) of that act.	72

(D) The director shall determine the period for which each	73
permit approved under this section will be valid and specify the	74
expiration date, but in no case shall a permit be valid beyond the	75
life of the project as stated in the application.	76

The director shall establish rules providing for the transfer	77
of permits. A permit may be transferred on the conditions that the	78
quantity of water diverted not be increased and that the purpose	79
of the diversion not be changed.	80

(E)(1) Within a time established by rule, the director shall	81
do one of the following:	82

(a) Notify the applicant that an application the applicant	83
filed under this section is approved or denied and, if denied, the	84
reason for denial;	85

(b) Notify the applicant of any modification necessary to	86
qualify the application for approval.	87

(2) Any person who receives notice of a denial or	88
modification under division (E)(1) of this section is entitled to	89
a hearing under Chapter 119. of the Revised Code if the person	90
sends a written request for a hearing to the director within	91
thirty days after the date on which the notice is mailed or	92
otherwise provided to the applicant.	93

(F) The director shall revoke a permit under this section	94
without a prior hearing if the director determines that the	95
quantity of water being diverted exceeds the quantity stated in	96
the permit application.	97

The director may suspend a permit if the director determines	98
that the continued diversion of water will endanger the public	99
health, safety, or welfare. Before suspending a permit, the	100
director shall make a reasonable attempt to notify the permittee	101
that the director intends to suspend the permit. If the attempt	102
fails, notification shall be given as soon as practicable	103
following the suspension. Within five days after the suspension,	104
the director shall provide the permittee an opportunity to be	105
heard and to present evidence that the continued diversion of	106
water will not endanger the public health, safety, or welfare.	107

If the director determines before the expiration date of a	108
suspended permit that the diversion of water can be resumed	109
without danger to the public health, safety, or welfare, the	110
director shall, upon request of the permittee, reinstate the	111
permit.	112

(G) Any six or more residents of this state may petition the	113
director for an investigation of a withdrawal of water resources	114
that they allege is in violation of a permit issued under this	115
section.	116

The petition shall identify the permittee and detail the	117
reasons why the petitioners believe that grounds exist for the	118
revocation or suspension of the permit under this section.	119

Upon receipt of the petition, the director shall send a copy	120
to the permittee and, within sixty days, make a determination	121
whether grounds exist for revocation or suspension of the permit	122
under this section.	123

(H) Each permittee shall submit to the director an annual	124
report containing such information as the director may require by	125
rule.	126

(I) The director shall issue a permit under division (A) of	127
this section to any person who lawfully diverted more than one	128
hundred thousand gallons per day of any waters of the state out of	129
the Ohio river drainage basin during the calendar year ending	130
October 14, 1984. A person who is eligible for a permit under this	131
division shall file an application under division (A) of this	132
section not later than one hundred eighty days after the effective	133
date of this amendmentApril 6, 2007.	134

A person who applies for a permit under this division need	135
not pay the application fee that is otherwise required under	136
division (A) of this section. In addition, divisions (B) to (H) of	137
this section and rules adopted under section 1501.31 of the	138
Revised Code do not apply to an application that is filed or a	139
permit that is issued under this division.	140

Sec. 1501.33.  (A) Except as provided in divisions (B) and,	141
(C), and (D) of this section, no person shall allow a facility	142
that the person owns to withdraw waters of the state in an amount	143
that would result in a new or increased consumptive use of more	144
than an average of two million gallons of water per day in any	145
thirty-day period without first obtaining a permit from the	146
director of natural resources under section 1501.34 of the Revised	147
Code. The person shall submit an application for a permit to the	148
director on a form hethe director prescribes, which application	149
shall declare and document all of the following:	150

(1) The facility's current withdrawal capacity per day if the	151
withdrawal is to occur at a facility already in operation;	152

(2) The total new or increased daily withdrawal capacity	153
proposed for the facility;	154

(3) The locations and sources of water proposed to be	155
withdrawn;	156

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

157

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

158

(6) The estimated average annual and monthly volumes and	159
rates of withdrawal;	160

(7) The estimated average annual and monthly volumes and	161
rates of consumptive use;	162

(8) The effects the withdrawal is anticipated to have with	163
respect to existing uses of water resources;	164

(9) A description of other ways the applicant's need for	165
water may be satisfied if the application is denied or modified;	166

(10) A description of the conservation practices the	167
applicant intends to follow;	168

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

169

Each application shall be accompanied by a nonrefundable fee	170
of one thousand dollars, which shall be credited to the water	171
management fund created under section 1501.32 of the Revised Code.	172

(B) A major utility facility that is subject to regulation	173
under Chapter 4906. of the Revised Code need not obtain a permit	174
under section 1501.34 of the Revised Code.	175

(C)(1) A public water system, as that term is defined in	176
section 6109.01 of the Revised Code, that withdraws waters of the	177
state in an amount that would result in a new or increased	178
consumptive use of more than two million gallons per day need not	179
obtain a permit under section 1501.34 of the Revised Code if any	180
of the following apply:	181

(a) The public water system was in operation on the effective	182
date of this section and no substantial changes are proposed for	183
that system except as specified in division (C)(1)(c) of this	184
section;.	185

(b) A public water system that is proposed to be constructed	186
or installed, or an existing system for which changes are	187
proposed, encompasses only water distribution facilities;.	188

(c) A public water system, other than one that encompasses	189
only water distribution facilities, is proposed to be constructed	190
or installed, or substantial changes in the design capacity of an	191
existing system, other than one that encompasses only water	192
distribution facilities, are proposed; the plans submitted for the	193
system to the director of environmental protection under section	194
6109.07 of the Revised Code declare and document the information	195
specified in division (A) of this section and rules adopted under	196
it as determined by the director of natural resources; and the	197
director of environmental protection has applied the criteria	198
specified in division (A) of section 1501.34 of the Revised Code	199
in reviewing and approving the plans as determined by the director	200
of natural resources.	201

(2) Any public water system that withdraws waters of the	202
state in an amount that would result in a new or increased	203
consumptive use of more than two million gallons per day and that	204
does not meet the criteria specified in divisions (C)(1)(a), (b),	205
or (c) of this section shall obtain a permit under section 1501.34	206
of the Revised Code. A person who submits plans for such a system	207
under section 6109.07 of the Revised Code may request the director	208
of natural resources in writing to consider those plans as an	209
application under this section. No later than twenty days after	210
receiving the request, the director shall notify the person of one	211
of the following:	212

(a) The plans declare and document the information specified	213
in division (A) of this section and rules adopted under it and are	214
accepted as an application under this section, and the person	215
shall submit to the director the application fee required under	216
division (A) of this section;.	217

(b) Additional specified information is necessary before the	218
director can accept the plans as an application;.	219

(c) The plans do not meet the requirements of division (A) of	220
this section and rules adopted under it and an application shall	221
be submitted in accordance with this section.	222

(D) A facility that is required to obtain a permit under	223
sections 1522.10 to 1522.20 of the Revised Code need not obtain a	224
permit under section 1501.34 of the Revised Code.	225

Sec. 1521.04.  The chief of the division of soil and water	226
resources, with the approval of the director of natural resources,	227
may make loans and grants from the water management fund created	228
in section 1501.32 of the Revised Code to governmental agencies	229
for water management, water supply improvements, and planning and	230
may administer grants from the federal government and from other	231
public or private sources for carrying out those functions and for	232
the performance of any acts that may be required by the United	233
States or by any agency or department thereof as a condition for	234
the participation by any governmental agency in any federal	235
financial or technical assistance program. Direct and indirect	236
costs of administration may be paid from the fund.	237

The chief may use the water management fund for the purposes	238
of administering the water diversion and consumptive use permit	239
programs established in sections 1501.30 to 1501.35 of the Revised	240
Code and the withdrawal and consumptive use permit program	241
established under sections 1522.10 to 1522.20 of the Revised Code;	242
to perform watershed and water resources studies for the purposes	243
of water management planning; and to acquire, construct,	244
reconstruct, improve, equip, maintain, operate, and dispose of	245
water management improvements. The chief may fix, alter, charge,	246
and collect rates, fees, rentals, and other charges to be paid	247
into the fund by governmental agencies and persons who are	248
supplied with water by facilities constructed or operated by the	249
department of natural resources in order to amortize and defray	250
the cost of the construction, maintenance, and operation of those	251
facilities.	252

Sec. 1522.03. (A) Subject to the limitations established in	253
division (B) of section 1522.05 of the Revised Code, the director	254
of natural resourcesThe chief of the division of soil and water	255
resources shall do both of the following:	256

(1)(A) Adopt rules in accordance with Chapter 119. of the	257
Revised Code for the implementation, administration, and	258
enforcement of this chaptersections 4.8 and 4.9 of the great	259
lakes-st. Lawrence river basin water resources compact;	260

(2)(B) Enforce the great lakes-st. Lawrence river basin water	261
resources compact and take appropriate actions to effectuate its	262
purposes and intent.	263

(B) Subject to the limitations established in division (B) of	264
section 1522.05 of the Revised Code, any appropriate state agency	265
or governmental officer shall enforce the compact and take	266
appropriate actions to effectuate its purpose and intent.	267

Sec. 1522.05. (A) Pursuant to Section 9.2 of the great	268
lakes-st. Lawrence river basin water resources compact, the	269
governor may take such actions as are necessary for the initial	270
organization and operation of the great lakes-st. Lawrence river	271
basin water resources council created in Section 2.1 of the	272
compact. Agencies of the state are hereby authorized to cooperate	273
with the council.	274

(B)(1) The governor, the department of natural resources, or	275
any other agency of the state shall not adopt rules or implement	276
any program regulating the use, withdrawal, consumptive use, or	277
diversion of water pursuant to Sections 4.10 and 4.12.2 of the	278
compact unless the general assembly enacts legislation after the	279
effective date of this section authorizing the implementation of	280
the program or adoption of rules.	281

In addition, theThe governor, the department of natural	282
resources, or any other agency of the state shall not adopt rules	283
or implement any mandatory program governing water conservation	284
and efficiency pursuant to Section 4.2 of the compactrelated to	285
the great lakes-st. Lawrence river basin water resources compact	286
unless the general assembly enacts legislation after the effective	287
date of the compact authorizing the implementation of the program	288
or adoption of the rules. However, theThe governor, the	289
department of natural resources, or any other agency of the state	290
mayshall not adopt rules concerning and may implement voluntary	291
establishing a mandatory water conservation and efficiency	292
programsprogram without authorization from the general assembly.	293
Such voluntary programs shall not include any mandatory	294
requirements.	295

(2) Division (B)(1) of this section does not prohibit the	296
effectuation of Sections 4.8 and 4.9 of the compact after the	297
effective date of the compact or prohibit the continued	298
implementation and enforcement by the governor or applicable	299
agencies of this state of laws, rules, or programs regulating the	300
use, withdrawal, consumptive use, or diversion of water that are	301
in effect on or before the effective date of this section.	302

Sec. 1522.10.  As used in sections 1522.10 to 1522.20 of the	303
Revised Code:	304

(A) "Baseline facility" means a facility identified in the	305
baseline report, a facility added to the baseline report under	306
section 1522.16 of the Revised Code, or any other facility that	307
has commenced withdrawal and consumptive use activities since the	308
submission of the baseline report and prior to the effective date	309
of this section.	310

(B) "Baseline facility abandonment" means the voluntary and	311
affirmative termination of a baseline facility's withdrawal and	312
consumptive use capacity as listed in the baseline report.	313
"Baseline facility abandonment" does not include the nonuse or the	314
transfer of a baseline facility's withdrawal and consumptive use	315
capacity.	316

(C) "Baseline report" means a list of the withdrawal and	317
consumptive use capacities of facilities that was developed for	318
purposes of section 4.12 of the great lakes-st. Lawrence river	319
basin water resources compact by the department of natural	320
resources and submitted to the great lakes-st. Lawrence river	321
basin water resources council on December 8, 2009.	322

(D) "Capacity" means the ability of a facility's pumps,	323
pipes, and other appurtenances to withdraw and consumptively use	324
water.	325

(E) "Consumptive use" has the same meaning as in section	326
1522.01 of the Revised Code. For purposes of determining a new or	327
increased capacity for consumptive use, "consumptive use" is the	328
use based on a coefficient of consumptive use generally accepted	329
in the scientific community that most accurately reflects the	330
process at a facility or the use based on facility specific data,	331
whichever is more accurate.	332

(F) "Facility" means any site, installation, or building at	333
which water withdrawal and consumptive use activities take place	334
that is located at a property or on contiguous properties and that	335
is under the direction of either a private or public entity.	336
"Facility" includes any site, installation, building, or service	337
area of a public water system at or within which water withdrawal	338
and consumptive use activities take place.	339

(G) "Facility abandonment" means the voluntary and	340
affirmative termination of a facility's withdrawal and consumptive	341
use capacity as listed in a withdrawal and consumptive use permit	342
issued under section 1522.11 of the Revised Code. "Facility	343
abandonment" does not include the nonuse or the transfer of a	344
facility's withdrawal and consumptive use capacity.	345

(H) "High quality water" means a river or stream that has	346
been designated by the environmental protection agency under	347
Chapter 3745-1 of the Administrative Code not later than the	348
effective date of this section as an exceptional warm water	349
habitat, cold water habitat, outstanding state water, or superior	350
high-quality water. However, "high quality water" does not include	351
outstanding state waters that are designated as such due to	352
exceptional recreational values.	353

(I) "Increased capacity" does not include any capacity that	354
results from alterations or changes made at a facility that	355
replace existing capacity without increasing the capacity of the	356
facility.	357

(J) "Public water system" has the same meaning as in section	358
6109.01 of the Revised Code.	359

(K) "Recognized navigational channel" means that portion of a	360
river or stream extending from bank to bank that is, as of the	361
effective date of this section, a state or federally maintained	362
navigational channel.	363

(L) "River or stream" means a named body of water running or	364
flowing, either continually or intermittently, on the earth's	365
surface or a channel in which such flow occurs.	366

(M) "River or stream under the influence of Lake Erie" means	367
that portion of any river or stream that has a bottom elevation at	368
or below the long-term monthly mean level of Lake Erie, as	369
designated by the United States army corps of engineers, of five	370
hundred seventy-one and nine-tenths feet above the international	371
great lakes datum (IGLD) 1985 and to which both of the following	372
apply:	373

(1) The portion of the river or stream is a direct tributary	374
of Lake Erie.	375

(2) The portion of the river or stream is a recognized	376
navigational channel.	377

The definition of "river or stream under the influence of	378
Lake Erie" applies only to that term as it is used in sections	379
1522.10 to 1522.20 of the Revised Code.	380

Sec. 1522.101. (A) For purposes of this chapter, with respect	381
to the definition of "source watershed" in section 1522.01 of the	382
Revised Code, the general assembly declares that "source	383
watershed" means the Lake Erie watershed.	384

(B) Nothing in sections 1522.10 to 1522.20 of the Revised	385
Code shall limit a person's right to the reasonable use of ground	386
water, water in a lake, or any other watercourse in contravention	387
of Section 19b of Article I, Ohio Constitution.	388

Sec. 1522.11.  (A) For purposes of the great lakes-st.	389
Lawrence river basin water resources compact, not later than one	390
hundred eighty days after the effective date of this section, the	391
chief of the division of soil and water resources shall establish	392
a program for the issuance of permits for the withdrawal and	393
consumptive use of water from the Lake Erie watershed. Upon	394
establishment of the program, the owner or operator of a facility	395
that is not otherwise exempt under section 1522.13 of the Revised	396
Code shall obtain a withdrawal and consumptive use permit from the	397
chief if the facility meets any of the following threshold	398
criteria:	399

(1) The facility, when operating under intended operating	400
conditions, has a new or increased capacity for withdrawals or	401
consumptive uses from Lake Erie or a river or stream under the	402
influence of Lake Erie of at least five million gallons per day	403
averaged over a ninety-day period.	404

(2) Except as provided in division (A)(3) of this section,	405
the facility, when operating under intended operating conditions,	406
has a new or increased capacity for withdrawals or consumptive	407
uses from any river or stream other than a river or stream under	408
the influence of Lake Erie or from ground water in the Lake Erie	409
watershed of at least two million gallons per day averaged over a	410
ninety-day period.	411

(3) The facility, when operating under intended operating	412
conditions, has a new or increased capacity for withdrawals or	413
consumptive uses of at least three hundred thousand gallons per	414
day averaged over a ninety-day period from any river or stream to	415
which both of the following apply:	416

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

417

(b) The river or stream has a drainage area of less than one	418
hundred square miles measured at the point where the withdrawal or	419
consumptive use occurs.	420

(B) Permits issued under this section shall be issued only	421
for the amount of withdrawal or consumptive use capacity of a	422
facility that exceeds threshold amounts established in division	423
(A) of this section. A permit shall neither address nor be	424
required for the portion of the withdrawal and consumptive use	425
capacity of the facility below that threshold amount.	426

(C) An applicant for a permit shall submit an application to	427
the chief on a form that the chief prescribes. The applicant shall	428
include with the application all of the following:	429

(1) The name and address of the applicant and of a contact	430
person for the applicant;	431

(2) A description of all of the following:

432

(a) The facility's current withdrawal capacity per day if the	433
withdrawal is to occur at a facility already in operation;	434

(b) The total new or increased daily withdrawal capacity	435
proposed for the facility;	436

(c) The locations and sources of water proposed to be	437
withdrawn;	438

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

439

(e) The locations and nature of proposed consumptive uses and	440
the applicable consumptive use coefficient for the facility;	441

(f) The estimated average annual and monthly volumes and	442
rates of withdrawal;	443

(g) The estimated average annual and monthly volumes and	444
rates of consumptive use;	445

(h) The environmentally sound and economically feasible water	446
conservation measures to be undertaken by the applicant;	447

(i) Other ways the applicant's need for water may be	448
satisfied if the application is denied or modified.	449

(3) A nonrefundable application fee of one thousand dollars	450
the proceeds of which shall be credited to the water management	451
fund created in section 1501.32 of the Revised Code.	452

The chief shall not require an applicant to submit any	453
information with an application other than the information	454
required by divisions (C)(1) and (2) of this section.	455

(D) A permit is valid until the facility to which the permit	456
applies is the subject of facility abandonment. Once every five	457
years, the owner or operator of a facility shall certify to the	458
chief that the facility is in compliance with the permit that has	459
been issued for the facility.	460

(E) No person that is required to do so shall fail to apply	461
for and receive a withdrawal and consumptive use permit.	462

(F) A permit issued under this section shall include terms	463
and conditions restricting the withdrawal and consumptive use by a	464
facility to amounts not exceeding the capacity of the facility.	465

Sec. 1522.12.  (A) In making the decision to issue or deny a	466
withdrawal and consumptive use permit, the chief of the division	467
of soil and water resources shall apply the criteria established	468
in section 4.11 of the great lakes-st. Lawrence river basin water	469
resources compact.	470

For purposes of applying the criteria established in section	471
4.11 of the great lakes-st. Lawrence river basin water resources	472
compact, all of the following apply:	473

(1) If a withdrawal by a facility from Lake Erie or a river	474
or stream under the influence of Lake Erie results in a	475
consumptive use that is less than one and five-tenths per cent of	476
the long-term mean annual runoff from the Ohio portion of the Lake	477
Erie watershed, it is irrebuttably presumed that the withdrawal	478
and consumptive use will not cause a significant individual or	479
cumulative adverse impact to the quantity or quality of waters and	480
water dependent natural resources and the Lake Erie watershed.	481
Division (A)(1) of this section does not apply to high quality	482
water.	483

(2) If a withdrawal by a facility from ground water or a	484
river or stream that is not a river or stream under the influence	485
of Lake Erie results in a consumptive use that is less than	486
seventy-five one hundredths of one per cent of the long-term mean	487
annual runoff from the Ohio portion of the Lake Erie watershed, it	488
is irrebuttably presumed that the withdrawal and consumptive use	489
will not cause a significant individual or cumulative adverse	490
impact to the quantity or quality of waters and water dependent	491
natural resources and the Lake Erie watershed. Division (A)(2) of	492
this section does not apply to high quality water.	493

(3) A withdrawal and consumptive use from any river or stream	494
that is a high quality water with a drainage area of less than one	495
hundred square miles has or will have no significant individual or	496
cumulative adverse impacts on the Lake Erie watershed unless the	497
withdrawal and consumptive use adversely impacts the high quality	498
water as determined by the chief in accordance with rules adopted	499
under section 1522.14 of the Revised Code.	500

Within one hundred eighty days of the effective date of this	501
section and for purposes of making the calculations required under	502
divisions (A)(1) and (2) of this section, the chief of the	503
division of soil and water resources shall establish the long-term	504
mean annual runoff from the Ohio portion of the Lake Erie	505
watershed. Beginning ten years after the effective date of this	506
section and every ten years thereafter, the chief shall update the	507
long-term mean annual runoff utilizing the best available	508
published hydrologic data collected over the previous twenty	509
years.	510

(B) The chief shall not submit an application for a	511
withdrawal and consumptive use permit for regional review under	512
section 4.5.2(c)(ii) of the great lakes-st. Lawrence river basin	513
water resources compact to the regional body as defined in section	514
1.2 of the compact unless regional review is agreed to by the	515
applicant for the permit.	516

(C) The chief shall issue a withdrawal and consumptive use	517
permit for a facility only if the chief determines that a facility	518
meets all of the criteria established in section 4.11 of the great	519
lakes-st. Lawrence river basin water resources compact.	520

(D) A withdrawal or consumptive use is reasonable under	521
section 4.11.5 of the great lakes-st. Lawrence river basin water	522
resources compact unless a determination is made that the	523
withdrawal or consumptive use is not reasonable by a court of	524
competent jurisdiction in this state pursuant to section 1521.17	525
of the Revised Code. This division does not provide standing to	526
the department of natural resources to bring suit under the	527
reasonable use doctrine.	528

Sec. 1522.13.  The following are exempt from the requirement	529
to obtain a withdrawal and consumptive use permit:	530

(A) A facility or proposed facility that has a withdrawal and	531
consumptive use capacity or proposed capacity below the threshold	532
amounts established in divisions (A)(1) to (3) of section 1522.11	533
of the Revised Code;	534

(B) A baseline facility that has not increased its withdrawal	535
and consumptive use capacity beyond the capacity listed in the	536
baseline report and beyond the thresholds established in section	537
1522.11 of the Revised Code;	538

(C) A facility that is required to increase its withdrawal	539
and consumptive use capacity as a result of legal requirements	540
established by federal or state governmental authorities;	541

(D) A facility making a withdrawal and consumptive use from	542
nonchannelized surface water that is not a river or stream or from	543
an impoundment of water that is isolated and does not depend	544
entirely on ground water for replenishment such as a farm pond,	545
golf course pond, or other similar retention pond. The exemption	546
established by this division does not apply to a facility making a	547
withdrawal and consumptive use for industrial purposes or for	548
public water supply purposes.	549

(E) A facility that is establishing a new or is increasing	550
its withdrawal and consumptive use capacity as a result of an	551
emergency condition that, without the new or increased withdrawal	552
and consumptive use capacity, will result in imminent harm to	553
human health or property;	554

(F) A facility that is establishing a new or is increasing	555
its withdrawal and consumptive use capacity for testing purposes	556
only if the testing period will last not longer than twenty-four	557
months;	558

(G) A facility that is establishing a new or is increasing	559
its withdrawal and consumptive use capacity in order to respond to	560
a humanitarian crisis if the new or increased capacity is	561
necessary to assist in the management of that crisis;	562

(H) A facility that is exempt from the requirement to obtain	563
a permit under divisions (B) and (C) of section 1501.33 of the	564
Revised Code;	565

(I) A facility that is subject to regulation under Chapter	566
1514. of the Revised Code;	567

(J) A facility that purchases all of its water from a public	568
water system;	569

(K) A facility with ground water or surface water withdrawals	570
or consumptive uses that are subject to regulation under a state	571
or federal law other than sections 1522.10 to 1522.20 of the	572
Revised Code. However, the exemption from regulation under a state	573
law established by this division does not apply with respect to	574
state law governing either of the following:	575

(1) A permit issued under Chapter 6111. of the Revised Code;

576

(2) A permit issued under section 1501.34 of the Revised	577
Code.	578

(L) A facility that is withdrawing or consumptively using	579
water from an off-stream impoundment that has been substantially	580
filled by a withdrawal from a baseline facility or from a facility	581
for which a withdrawal and consumptive use permit has been issued;	582

(M) A facility that is a public water system that is	583
increasing its withdrawal or consumptive use capacity and the	584
increase is directly related to supplying a major public utility	585
that is subject to regulation under Chapter 4906. of the Revised	586
Code.	587

Sec. 1522.14.  The chief of the division of soil and water	588
resources shall adopt rules in accordance with Chapter 119. of the	589
Revised Code governing the regulation of withdrawals and	590
consumptive uses from high quality water as referred to in	591
division (A)(3) of section 1522.12 of the Revised Code. The rules	592
shall establish standards for what constitutes significant	593
individual or cumulative adverse impact to a high quality water	594
with a drainage area of less than one hundred square miles for	595
purposes of division (A)(3) of section 1522.12 of the Revised	596
Code.	597

Sec. 1522.15.  (A)(1) A permittee may transfer a withdrawal	598
and consumptive use permit upon the sale or transfer of a	599
facility. In addition, the owner of a baseline facility may	600
transfer the withdrawal and consumptive use capacity of the	601
baseline facility upon the sale or transfer of the baseline	602
facility. Transferred capacity of a baseline facility shall not	603
require a withdrawal and consumptive use permit. Notice of a	604
transfer shall be provided to the chief of the division of soil	605
and water resources in a manner prescribed by the chief.	606

(2) If a permittee sells or transfers a portion of a facility	607
for which a withdrawal and consumptive use permit has been issued,	608
the permittee may transfer the applicable portion of the	609
withdrawal and consumptive use capacity authorized by the	610
withdrawal and consumptive use permit. The permittee shall provide	611
notice of such a transfer to the chief in a manner prescribed by	612
the chief. Upon receipt of the notice and if a permit is required	613
based on the threshold amounts established in divisions (A)(1) to	614
(3) of section 1522.11 of the Revised Code, the chief shall issue	615
a new permit to the permittee who transferred the portion of the	616
facility and a new permit to the transferee. Any new permits shall	617
reflect the transfer of the portion of the withdrawal and	618
consumptive use capacity.	619

(3) If the owner of a baseline facility sells a portion of	620
the baseline facility, the owner may transfer the applicable	621
portion of the withdrawal and consumptive use capacity listed in	622
the baseline report for that facility. The owner shall provide	623
notice of such a transfer to the chief in a manner prescribed by	624
the chief. The chief shall not require the owner of the baseline	625
facility or the transferee to obtain a withdrawal and consumptive	626
use permit. Rather, the chief shall update the baseline report to	627
reflect the transfer.	628

(4) No person shall sell or transfer a withdrawal and	629
consumptive use permit for purposes of evading the requirements	630
established in sections 1522.10 to 1522.20 of the Revised Code.	631

(B) The chief shall remove a facility from the baseline	632
report when the facility is subject to baseline facility	633
abandonment. However, a baseline facility shall not be removed	634
from the baseline report for the nonuse or the transfer of the	635
facility's baseline capacity.	636

Sec. 1522.16. (A) The owner or operator of a facility may	637
petition the chief of the division of soil and water resources for	638
either of the following:	639

(1) Inclusion in the baseline report if the owner or operator	640
believes that the facility was erroneously excluded from the	641
report;	642

(2) The amendment of the amount of a withdrawal and	643
consumptive use or other information included in the baseline	644
report regarding the facility if the owner or operator believes	645
that the information is incorrect.	646

(B) The chief shall issue an order either approving or	647
disapproving a petition submitted under this section. The chief	648
shall issue the order based on a thorough examination of the	649
circumstances concerning the petition.	650

(C) An order of the chief issued under this section may be	651
appealed in accordance with section 1522.19 of the Revised Code.	652

(D) The chief shall adopt rules in accordance with Chapter	653
119. of the Revised Code that establish procedures for the	654
submission of petitions under this section.	655

Sec. 1522.17. (A) The owner or operator of a facility for	656
which a withdrawal and consumptive use permit has been issued	657
shall utilize environmentally sound and economically feasible	658
water conservation measures in compliance with section 4.11.3 of	659
the great lakes-st. Lawrence river basin water resources compact.	660
The owner or operator may implement those measures in the form of	661
best management practices that are applicable to the facility. The	662
owner or operator has discretion to determine which practices are	663
best management practices. An owner or operator that implements	664
such measures is deemed to be in compliance with section 4.11.3 of	665
the great lakes-st. Lawrence river basin water resources compact.	666
Any reporting that is required by the chief of the division of	667
soil and water resources for purposes of this division is	668
proprietary and shall be confidential and not subject to section	669
149.43 of the Revised Code.	670

(B) Nothing in this chapter authorizes the chief or the	671
director of natural resources to adopt rules requiring mandatory	672
conservation of water resources. The general assembly shall not	673
enact any law that would require a mandatory water conservation	674
program without at least a two-thirds majority vote of the senate	675
and house of representatives.	676

Divisions (A) and (B) of this section comply with the	677
requirements of section 4.11.3 of the great lakes-st. Lawrence	678
river basin water resources compact.	679

(C) Every five years, the chief shall make an assessment of	680
the cumulative impacts of withdrawals and consumptive uses from	681
the waters of the Lake Erie watershed for purposes of section 4.15	682
of the great lakes-st. Lawrence river basin water resources	683
compact. The assessment shall be based on reports, data, and other	684
information relating directly to withdrawals and consumptive uses	685
by facilities that have received a withdrawal and consumptive use	686
permit under this chapter. The chief shall prepare a report of the	687
assessment and shall submit a copy of it to the governor, the	688
speaker of the house of representatives, and the president of the	689
senate.	690

This division complies with the requirements of section	691
4.11.2 of the great lakes-st. Lawrence river basin water resources	692
compact as they relate to the assessment of significant cumulative	693
adverse impacts.	694

Sec. 1522.18.  (A) There is hereby created the water	695
resources review commission consisting of five members appointed	696
by the governor with the advice and consent of the senate. The	697
commission shall hear appeals that are made under section 1522.19	698
of the Revised Code. Of the initial members appointed to the	699
commission, one shall serve a term of three years, two shall serve	700
a term of four years, and two shall serve a term of five years as	701
designated by the governor. Thereafter, terms of office shall be	702
five years. Each member shall hold office from the date of	703
appointment until the end of the term for which the appointment	704
was made. Each vacancy occurring on the commission shall be filled	705
by appointment within sixty days after the vacancy occurs. Any	706
member appointed to fill a vacancy occurring prior to the	707
expiration of the term for which the member's predecessor was	708
appointed shall hold office for the remainder of that term. A	709
member shall continue in office subsequent to the expiration date	710
of the member's term until the member's successor takes office. A	711
member may be reappointed.	712

(B) Two of the appointees to the commission shall be experts	713
in economic development, two shall be experts in water resource	714
management, and one shall be a member of the public who is an	715
attorney at law who is admitted to practice in this state and is	716
familiar with the laws related to water resources. Not more than	717
three members shall be members of the same political party.	718

(C) Three members of the commission constitute a quorum, and	719
no action of the commission shall be valid unless it has the	720
concurrence of at least a majority of the members. The commission	721
shall keep a record of its proceedings. Annually one member shall	722
be elected as chairperson and another member shall be elected as	723
vice-chairperson for terms of one year.	724

(D) The commission shall adopt rules in accordance with	725
Chapter 119. of the Revised Code governing the procedure for	726
appeals conducted under section 1522.19 of the Revised Code and	727
may adopt rules governing its own internal management that do not	728
affect private rights.	729

(E) The governor may remove a member of the commission from	730
office for inefficiency, neglect of duty, malfeasance,	731
misfeasance, or nonfeasance after delivering to the member the	732
charges against the member in writing with at least ten days'	733
written notice of the time and place at which the governor will	734
publicly hear the member, either in person or by counsel, in	735
defense of the charges against the member. If the member is	736
removed from office, the governor shall file in the office of the	737
secretary of state a complete statement of the charges made	738
against the member and a complete report of the proceedings. The	739
action of the governor removing a member from office is final.	740

(F) A member shall be paid as compensation for work as a	741
member one hundred fifty dollars per day when actually engaged in	742
the performance of work as a member and when engaged in travel	743
necessary in connection with that work. In addition to monetary	744
compensation, a member shall be reimbursed for all traveling,	745
hotel, and other expenses, in accordance with the current travel	746
rules of the office of budget and management, necessarily incurred	747
in the performance of the member's work as a member.	748

Sec. 1522.19.  (A) A person having a direct economic interest	749
that is or may be adversely affected by a decision or order of the	750
chief of the division of soil and water resources under sections	751
1522.10 to 1522.20 of the Revised Code may appeal the decision or	752
order. The appeal shall be made by filing a notice of appeal with	753
the water resources review commission for review of the decision	754
or order not later than thirty days after the decision or order is	755
made. The person also shall file a copy of the notice of appeal	756
with the chief not later than three days after filing the notice	757
of appeal with the commission. The notice of appeal shall contain	758
a description of the decision or order complained of and the	759
grounds on which the appeal is based. The commission has exclusive	760
original jurisdiction to hear and decide such appeals. The filing	761
of a notice of appeal under this division does not operate as a	762
stay of any decision or order of the chief.	763

(B) A permittee, if applicable, and the appellee, the chief,	764
and other interested persons shall be given written notice of the	765
date, time, and location of a hearing on the appeal at least five	766
days prior to the hearing. The hearing shall be of record.	767

(C) The commission shall affirm the decision or order of the	768
chief unless the commission determines by a preponderance of the	769
evidence that it is arbitrary, capricious, or otherwise	770
inconsistent with law; in that case the commission may modify the	771
decision or order of the chief or vacate it and remand it to the	772
chief for further proceedings that the commission may direct. The	773
commission shall render a decision not later than thirty days	774
after the hearing.	775

(D) The chairperson of the commission, under conditions that	776
the chairperson prescribes, may grant temporary relief that the	777
chairperson considers appropriate pending final determination of	778
an appeal if all of the following conditions are met:	779

(1) All parties to the appeal have been notified and given an	780
opportunity for a hearing on the request for temporary relief.	781

(2) The person requesting relief shows that there is a	782
substantial likelihood that the person will prevail on the merits.	783

(3) The relief will not adversely affect public health or	784
safety or cause significant imminent environmental harm to water	785
resources.	786

(E) A party that is aggrieved or adversely affected by a	787
decision of the water resources review commission may appeal to	788
the court of appeals for the county in which the activity	789
addressed by the decision of the commission occurred, is	790
occurring, or will occur. The appeal shall be filed not later than	791
thirty days after issuance of the decision of the commission. The	792
court shall confine its review to the record certified by the	793
commission. The court, upon motion, may grant temporary relief	794
that it considers appropriate pending final disposition of the	795
appeal if all of the following apply:	796

(1) All parties to the appeal have been notified and given an	797
opportunity to be heard on the request for temporary relief.	798

(2) The person requesting relief shows that there is a	799
substantial likelihood that the person will prevail on the merits.	800

(3) The relief will not adversely affect public health or	801
safety or cause significant imminent environmental harm to water	802
resources.	803

The court shall affirm the decision of the commission unless	804
the court determines that it is arbitrary, capricious, or	805
otherwise inconsistent with law; in that case the court shall	806
vacate the decision and remand it to the commission for further	807
proceedings that the court may direct.	808

(F) The water resources review commission or a court of	809
appeals shall not award attorney's fees to any party to an action	810
under this section.	811

(G) An appeal may not be taken under this section if the	812
subject of the appeal involves section 4.9 of the great lakes-st.	813
Lawrence river basin water resources compact.	814

Sec. 1522.20.  (A)(1) The chief of the division of soil and	815
water resources may issue an order to a person that the chief	816
determines has violated, is violating, or is threatening to	817
violate any provisions of this chapter, rules adopted under it, or	818
a withdrawal and consumptive use permit. The order shall identify	819
the facility where the violation has occurred, is occurring, or is	820
threatened to occur, the specific violation, and actions that the	821
owner or operator of the facility must take to comply with the	822
order. The order shall establish a reasonable date by which the	823
owner or operator must comply with the order.	824

(2) An order issued under division (A)(1) of this section	825
shall be in writing and shall contain a finding of the facts on	826
which the order is based. Notice of the order shall be given by	827
certified mail to each person whose rights, duties, or privileges	828
are affected. Notice also shall be posted on the web site of the	829
department of natural resources in a manner prescribed by the	830
chief.	831

(B) The attorney general, upon the request of the chief, may	832
bring an action for injunction against a person who has violated,	833
is violating, or is threatening to violate any provisions of this	834
chapter, rules adopted under it, a withdrawal and consumptive use	835
permit, or an order of the chief issued under division (A) of this	836
section. The action shall be brought in the court of common pleas	837
of the county in which the violation has occurred, is occurring,	838
or is threatened to occur. The court of common pleas in which an	839
action for injunction is filed has jurisdiction to and shall grant	840
preliminary and permanent injunctive relief upon a showing that	841
the person against whom the action is brought has violated, is	842
violating, or is threatening to violate any provisions of this	843
chapter, rules adopted under it, a permit, or an order of the	844
chief.	845

Section 2.  That existing sections 1501.32, 1501.33, 1521.04,	846
1522.03, and 1522.05 and section 1522.07 of the Revised Code are	847
hereby repealed.	848

Section 3. For purposes of adopting rules under section	849
1522.14 of the Revised Code, as enacted by this act, regarding the	850
determination of what constitutes significant individual or	851
cumulative adverse impact to a high quality water with a drainage	852
area of less than one hundred square miles, the Chief of the	853
Division of Soil and Water Resources in the Department of Natural	854
Resources shall do both of the following:	855

(A) Convene an advisory group consisting of interested	856
parties to advise the Chief;	857

(B) Ensure that at least one member of the advisory group	858
represents The Nature Conservancy.	859

Section 4. The General Assembly hereby declares that the	860
purpose of this act is to protect private property rights	861
associated with surface and ground water in Ohio; to promote good	862
stewardship of Ohio's water resources; and to promote economic	863
development and job creation in Ohio by recognizing that abundant	864
fresh water is a highly desirable commodity.	865