As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 257

Representative Murray 

Cosponsors: Representatives Hagan, R., Ramos, Foley, Slesnick, Celeste, Antonio, Letson, Fedor, Lundy, Okey, Phillips, Gentile, Garland, Szollosi 

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A BILL

To amend sections 1501.30, 1501.32, 1501.33, 1521.01,

1

1521.04, 1521.16, 1522.03, and 1522.05 and to

2

enact sections 1522.10 to 1522.23 and 1522.99 of

3

the Revised Code to establish a program for the

4

regulation of withdrawals and consumptive uses of

5

waters from the Lake Erie basin.

6

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

Section 1. That sections 1501.30, 1501.32, 1501.33, 1521.01,	7
1521.04, 1521.16, 1522.03, and 1522.05 be amended and sections	8
1522.10, 1522.11, 1522.12, 1522.13, 1522.14, 1522.15, 1522.16,	9
1522.17, 1522.18, 1522.19, 1522.20, 1522.21, 1522.22, 1522.23, and	10
1522.99 of the Revised Code be enacted to read as follows:	11

Sec. 1501.30.  (A) As used in sections 1501.30 to 1501.35 of	12
the Revised Code:	13

(1) "Baseline capacity of the diversion" means either of the	14
following:	15

(a) For a facility with a capacity to make a diversion as of	16
December 8, 2008, the capacity as reported in the baseline list	17
submitted by the department of natural resources to the great	18
lakes-st. Lawrence river basin water resources compact council on	19
December 8, 2009, or as otherwise determined by the chief of the	20
division of soil and water resources on the basis of sufficient	21
documentation prescribed by the chief;	22

(b) For a facility with a capacity to make a new diversion on	23
and after the effective date of this amendment, the capacity	24
specified in the permit issued for the facility by the chief under	25
section 1501.32 of the Revised Code.	26

(2) "Compact" means the great lakes-st. Lawrence river basin	27
water resources compact as set forth in section 1522.01 of the	28
Revised Code.	29

(3) "Consumptive use" means a use of water resources, other	30
than a diversion, that results in a loss of that water to the	31
basin from which it is withdrawn and includes, but is not limited	32
to, evaporation, evapotranspiration, and incorporation of water	33
into a product or agricultural crop.	34

(2)(4) "Diversion" means a withdrawal of water resources from	35
either the Lake Erie or Ohio river drainage basin and transfer to	36
another basin without return. "Diversion" does not include	37
evaporative loss within the basin of withdrawal.	38

(3)(5) "Other great lakes states and provinces" means states	39
other than this state that are parties to the great lakes basin	40
compact under Chapter 6161. of the Revised Code and the Canadian	41
provinces of Ontario and Quebec.	42

(4)(6) "Person" has the same meaning as in section 1.59 of	43
the Revised Code and also includes any state, any political	44
subdivision of a state, and any department, division, board,	45
commission, agency, or instrumentality of a state or political	46
subdivision of a state.	47

(5)(7) "Water resources" means any waters of the state that	48
are available or may be made available to agricultural,	49
industrial, commercial, and domestic users.	50

(6)(8) "Waters of the state" includes all streams, lakes,	51
ponds, marshes, watercourses, waterways, wells, springs,	52
irrigation systems, drainage systems, and other bodies or	53
accumulations of water, surface and underground, natural or	54
artificial, regardless of the depth of the strata in which	55
underground water is located, that are situated wholly or partly	56
within or border upon this state or are within its jurisdiction.	57

(B) The chief of the division of soil and water resources of	58
the department of natural resources shall define "Lake Erie	59
drainage basin" and "Ohio river drainage basin" for the purposes	60
of sections 1501.30 to 1501.35 of the Revised Code.	61

Sec. 1501.32.  (A) No person shall divert more than one	62
hundred thousand gallons per day of any waters of the state out of	63
the Lake Erie or Ohio river drainage basinsbasin to another basin	64
without having a permit to do so issued by the director of natural	65
resources. An application for such a permit shall be filed with	66
the director upon such forms as the director prescribes. The	67
application shall state the quantity of water to be diverted, the	68
purpose of the diversion, the life of the project for which the	69
water is to be diverted, and such other information as the	70
director may require by rule. Each application shall be	71
accompanied by a nonrefundable fee of one thousand dollars, which	72
shall be credited to the water management fund, which is hereby	73
created.	74

(B) The director shall not approve a permit application filed	75
under this section if the director determines that any of the	76
following applies:	77

(1) During the life of the project for which the water is to	78
be diverted, some or all of the water to be diverted will be	79
needed for use within the basin.	80

(2) The proposed diversion would endanger the public health,	81
safety, or welfare.	82

(3) The applicant has not demonstrated that the proposed	83
diversion is a reasonable and beneficial use and is necessary to	84
serve the applicant's present and future needs.	85

(4) The applicant has not demonstrated that reasonable	86
efforts have been made to develop and conserve water resources in	87
the importing basin and that further development of those	88
resources would engender overriding, adverse economic, social, or	89
environmental impacts.	90

(5) The proposed diversion is inconsistent with regional or	91
state water resources plans.	92

(6) The proposed diversion, alone or in combination with	93
other diversions and water losses, will have a significant adverse	94
impact on in-stream uses or on economic or ecological aspects of	95
water levels.	96

The director may hold public hearings upon any application	97
for a permit.	98

(C) Whenever the director receives an application under this	99
section to divert water out of the Lake Erie drainage basin, the	100
director shall notify the governors and premiers of the other	101
great lakes states and provinces, the appropriate water management	102
agencies of those states and provinces, and, when appropriate, the	103
international joint commission and shall solicit their comments	104
and concerns regarding the application. In the event of an	105
objection to the proposed diversion, the director shall consult	106
with the affected great lakes states and provinces to consider the	107
issues involved and seek mutually agreeable recommendations.	108
Before rendering a decision on the permit application, the	109
director shall consider the concerns, comments, and	110
recommendations of the other great lakes states and provinces and	111
the international joint commission, and, in accordance with	112
section 1109 of the "Water Resources Development Act of 1986," 100	113
Stat. 4230, 42 U.S.C.A. 1962d-20, the director shall not approve a	114
permit application for any diversion to which that section	115
pertains unless that diversion is approved by the governor of each	116
great lakes state as defined in section 1109(c) of that act.	117

(D) The director shall determine the period for which each	118
permit approved under this section will be valid and specify the	119
expiration date, but in no case shall a permit be valid beyond the	120
life of the project as stated in the application.	121

The director shall establish rules providing for the transfer	122
of permits. A permit may be transferred on the conditions that the	123
quantity of water diverted not be increased and that the purpose	124
of the diversion not be changed.	125

(E)(D)(1) Within a time established by rule, the director	126
shall do one of the following:	127

(a) Notify the applicant that an application the applicant	128
filed under this section is approved or denied and, if denied, the	129
reason for denial;	130

(b) Notify the applicant of any modification necessary to	131
qualify the application for approval.	132

(2) Any person who receives notice of a denial or	133
modification under division (E)(D)(1) of this section is entitled	134
to a hearing under Chapter 119. of the Revised Code if the person	135
sends a written request for a hearing to the director within	136
thirty days after the date on which the notice is mailed or	137
otherwise provided to the applicant.	138

(F)(E) The director shall revoke a permit under this section	139
without a prior hearing if the director determines that the	140
quantity of water being diverted exceeds the quantity stated in	141
the permit application.	142

The director may suspend a permit if the director determines	143
that the continued diversion of water will endanger the public	144
health, safety, or welfare. Before suspending a permit, the	145
director shall make a reasonable attempt to notify the permittee	146
that the director intends to suspend the permit. If the attempt	147
fails, notification shall be given as soon as practicable	148
following the suspension. Within five days after the suspension,	149
the director shall provide the permittee an opportunity to be	150
heard and to present evidence that the continued diversion of	151
water will not endanger the public health, safety, or welfare.	152

If the director determines before the expiration date of a	153
suspended permit that the diversion of water can be resumed	154
without danger to the public health, safety, or welfare, the	155
director shall, upon request of the permittee, reinstate the	156
permit.	157

(G) Any six or more residents of this state(F) An elected	158
official of a political subdivision may petition the director for	159
an investigation of a withdrawaldiversion of water resources that	160
they allegethe official alleges is in violation of a permit	161
issued under this section.	162

The petition shall identify the permittee and detail the	163
reasons why the petitioners believeofficial believes that grounds	164
exist for the revocation or suspension of the permit under this	165
section.	166

Upon receipt of the petition, the director shall send a copy	167
to the permittee and, within sixty days, make a determination	168
whether grounds exist for revocation or suspension of the permit	169
under this section.	170

(H)(G) Each permittee shall submit to the director an annual	171
report containing such information as the director may require by	172
rule.	173

(I)(H) The director shall issue a permit under division (A)	174
of this section to any person who lawfully diverted more than one	175
hundred thousand gallons per day of any waters of the state out of	176
the Ohio river drainage basin during the calendar year ending	177
October 14, 1984. A person who is eligible for a permit under this	178
division shall file an application under division (A) of this	179
section not later than one hundred eighty days after the effective	180
date of this amendmentApril 6, 2007.	181

A person who applies for a permit under this division need	182
not pay the application fee that is otherwise required under	183
division (A) of this section. In addition, divisions (B) to (H)(I)	184
of this section and rules adopted under section 1501.31 of the	185
Revised Code do not apply to an application that is filed or a	186
permit that is issued under this division.	187

(I) A person who is required to obtain a permit under section	188
1522.15 of the Revised Code need not obtain a permit under this	189
section.	190

Sec. 1501.33.  (A) Except as provided in divisions (B) and,	191
(C), and (D) of this section, no person shall allow a facility	192
that the person owns to withdraw waters of the state in an amount	193
that would result in a new or increased consumptive use of more	194
than an average of two million gallons of water per day in any	195
thirty-day period without first obtaining a permit from the	196
director of natural resources under section 1501.34 of the Revised	197
Code. The person shall submit an application for a permit to the	198
director on a form hethe director prescribes, which application	199
shall declare and document all of the following:	200

(1) The facility's current withdrawal capacity per day if the	201
withdrawal is to occur at a facility already in operation;	202

(2) The total new or increased daily withdrawal capacity	203
proposed for the facility;	204

(3) The locations and sources of water proposed to be	205
withdrawn;	206

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

207

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

208

(6) The estimated average annual and monthly volumes and	209
rates of withdrawal;	210

(7) The estimated average annual and monthly volumes and	211
rates of consumptive use;	212

(8) The effects the withdrawal is anticipated to have with	213
respect to existing uses of water resources;	214

(9) A description of other ways the applicant's need for	215
water may be satisfied if the application is denied or modified;	216

(10) A description of the conservation practices the	217
applicant intends to follow;	218

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

219

Each application shall be accompanied by a nonrefundable fee	220
of one thousand dollars, which shall be credited to the water	221
management fund created under section 1501.32 of the Revised Code.	222

(B) On and after the effective date of this amendment, any	223
person who is required to obtain a permit under section 1522.14 of	224
the Revised Code need not obtain a permit under section 1501.34 of	225
the Revised Code.	226

(C) A major utility facility that is subject to regulation	227
under Chapter 4906. of the Revised Code need not obtain a permit	228
under section 1501.34 of the Revised Code.	229

(C)(D)(1) A public water system, as that term is defined in	230
section 6109.01 of the Revised Code, that withdraws waters of the	231
state in an amount that would result in a new or increased	232
consumptive use of more than two million gallons per day need not	233
obtain a permit under section 1501.34 of the Revised Code if any	234
of the following applyapplies:	235

(a) The public water system was in operation on the effective	236
date of this sectionJune 29, 1988, and no substantial changes are	237
proposed for that system except as specified in division	238
(C)(D)(1)(c) of this section;.	239

(b) A public water system that is proposed to be constructed	240
or installed, or an existing system for which changes are	241
proposed, encompasses only water distribution facilities;.	242

(c) A public water system, other than one that encompasses	243
only water distribution facilities, is proposed to be constructed	244
or installed, or substantial changes in the design capacity of an	245
existing system, other than one that encompasses only water	246
distribution facilities, are proposed; the plans submitted for the	247
system to the director of environmental protection under section	248
6109.07 of the Revised Code declare and document the information	249
specified in division (A) of this section and rules adopted under	250
it as determined by the director of natural resources; and the	251
director of environmental protection has applied the criteria	252
specified in division (A) of section 1501.34 of the Revised Code	253
in reviewing and approving the plans as determined by the director	254
of natural resources.	255

(2) Any public water system that withdraws waters of the	256
state in an amount that would result in a new or increased	257
consumptive use of more than two million gallons per day and that	258
does not meet the criteria specified in divisions (C)division	259
(D)(1)(a), (b), or (c) of this section shall obtain a permit under	260
section 1501.34 of the Revised Code. A person who submits plans	261
for such a system under section 6109.07 of the Revised Code may	262
request the director of natural resources in writing to consider	263
those plans as an application under this section. No later than	264
twenty days after receiving the request, the director shall notify	265
the person of one of the following:	266

(a) The plans declare and document the information specified	267
in division (A) of this section and rules adopted under it and are	268
accepted as an application under this section, and the person	269
shall submit to the director the application fee required under	270
division (A) of this section;.	271

(b) Additional specified information is necessary before the	272
director can accept the plans as an application;.	273

(c) The plans do not meet the requirements of division (A) of	274
this section and rules adopted under it and an application shall	275
be submitted in accordance with this section.	276

Sec. 1521.01.  As used in sections 1521.01 to 1521.05 and	277
1521.13 to 1521.18 of the Revised Code:	278

(A) "Consumptive use," "diversion," "Lake Erie drainage	279
basin," "other great lakes states and provinces," "water	280
resources," and "waters of the state" have the same meanings as in	281
section 1501.30 of the Revised Code.	282

(B) "Well" means any excavation, regardless of design or	283
method of construction, created for any of the following purposes:	284

(1) Removing ground water from or recharging water into an	285
aquifer, excluding subsurface drainage systems installed to	286
enhance agricultural crop production or urban or suburban	287
landscape management or to control seepage in dams, dikes, and	288
levees;	289

(2) Determining the quantity, quality, level, or movement of	290
ground water in or the stratigraphy of an aquifer, excluding	291
borings for instrumentation in dams, dikes, levees, or highway	292
embankments;	293

(3) Removing or exchanging heat from ground water, excluding	294
horizontal trenches that are installed for water source heat pump	295
systems.	296

(C) "Aquifer" means a consolidated or unconsolidated geologic	297
formation or series of formations that are hydraulically	298
interconnected and that have the ability to receive, store, or	299
transmit water.	300

(D) "Ground water" means all water occurring in an aquifer.

301

(E) "GroundDistressed water stressresource area" means a	302
definable geographic area in which ground water quantityor	303
surface water is being affected by human activity or natural	304
forces to the extent that continuous availability of supply is	305
jeopardized by withdrawalsthere are or may be significant	306
individual or cumulative adverse resource impacts from withdrawals	307
or consumptive uses.	308

(F) "Person" has the same meaning as in section 1.59 of the	309
Revised Code and also includes the United States, the state, any	310
political subdivision of the state, and any department, division,	311
board, commission, agency, or instrumentality of the United	312
States, the state, or a political subdivision of the state.	313

(G) "State agency" or "agency of the state" has the same	314
meaning as "agency" in section 111.15 of the Revised Code.	315

(H) "Development" means any artificial change to improved or	316
unimproved real estate, including the construction of buildings	317
and other structures, any substantial improvement of a structure,	318
mining, dredging, filling, grading, paving, excavating, and	319
drilling operations, and storage of equipment or materials.	320

(I) "Floodplain" means the area adjoining any river, stream,	321
watercourse, or lake that has been or may be covered by flood	322
water.	323

(J) "Floodplain management" means the implementation of an	324
overall program of corrective and preventive measures for reducing	325
flood damage, including the collection and dissemination of flood	326
information, construction of flood control works, nonstructural	327
flood damage reduction techniques, and adoption of rules,	328
ordinances, or resolutions governing development in floodplains.	329

(K) "One-hundred-year flood" means a flood having a one per	330
cent chance of being equaled or exceeded in any given year.	331

(L) "One-hundred-year floodplain" means that portion of a	332
floodplain inundated by a one-hundred-year flood.	333

(M) "Structure" means a walled and roofed building,	334
including, without limitation, gas or liquid storage tanks, mobile	335
homes, and manufactured homes.	336

(N) "Substantial improvement" means any reconstruction,	337
rehabilitation, addition, or other improvement of a structure, the	338
cost of which equals or exceeds fifty per cent of the market value	339
of the structure before the start of construction of the	340
improvement. "Substantial improvement" includes repairs to	341
structures that have incurred substantial damage regardless of the	342
actual repair work performed. "Substantial improvement" does not	343
include either of the following:	344

(1) Any project for the improvement of a structure to correct	345
existing violations of state or local health, sanitary, or safety	346
code specifications that have been identified by the state or	347
local code enforcement official having jurisdiction and that are	348
the minimum necessary to ensure safe living conditions;	349

(2) Any alteration of an historic structure designated or	350
listed pursuant to federal or state law, provided that the	351
alteration will not preclude the structure's continued listing or	352
designation as an historic structure.	353

(O) "Substantial damage" means damage of any origin that is	354
sustained by a structure if the cost of restoring the structure to	355
its condition prior to the damage would equal or exceed fifty per	356
cent of the market value of the structure before the damage	357
occurred.	358

(P) "National flood insurance program" means the national	359
flood insurance program established in the "National Flood	360
Insurance Act of 1968," 82 Stat. 572, 42 U.S.C. 4001, as amended,	361
and regulations adopted under it.	362

(Q) "Conservancy district" means a conservancy district	363
established under Chapter 6101. of the Revised Code.	364

(R) "Surface water" includes all streams, lakes, reservoirs,	365
ponds, marshes, wetlands, bays estuaries, or other waterways that	366
are situated wholly or partially within the boundaries of this	367
state except those private waters that do not combine or effect a	368
junction with natural surface or underground waters.	369

(S) "Withdrawal" means one or more cumulative total	370
withdrawals of water that supply a common distribution system.	371

(T) "Environmentally sound and economically feasible water	372
conservation measures" has the same meaning as in the great	373
lakes-st. Lawrence river basin water resources compact set forth	374
in section 1522.01 of the Revised Code.	375

(U) "Facility" includes any equipment or infrastructure.

376

(V) "Great Lakes basin" has the same meaning as in the great	377
lakes-st. Lawrence river water resources compact as set forth in	378
section 1522.01 of the Revised Code.	379

Sec. 1521.04.  The chief of the division of soil and water	380
resources, with the approval of the director of natural resources,	381
may make loans and grants from the water management fund created	382
in section 1501.32 of the Revised Code to governmental agencies	383
for water management, water supply improvements, and planning and	384
may administer grants from the federal government and from other	385
public or private sources for carrying out those functions and for	386
the performance of any acts that may be required by the United	387
States or by any agency or department thereof as a condition for	388
the participation by any governmental agency in any federal	389
financial or technical assistance program. Direct and indirect	390
costs of administration may be paid from the fund.	391

The chief may use the water management fund for the purposes	392
of administering the water diversion and consumptive use permit	393
programs established in sections 1501.30 to 1501.35 of the Revised	394
Code; for the purposes of administering activities to implement	395
the great lakes-st. Lawrence river basin water resources compact	396
set forth in section 1522.01 of the Revised Code, including	397
activities established in sections 1522.10 to 1522.24 of the	398
Revised Code; to perform watershed and water resources studies for	399
the purposes of water management planning; and to acquire,	400
construct, reconstruct, improve, equip, maintain, operate, and	401
dispose of water management improvements. The chief may fix,	402
alter, charge, and collect rates, fees, rentals, and other charges	403
to be paid into the fund by governmental agencies and persons who	404
are supplied with water by facilities constructed or operated by	405
the department of natural resources in order to amortize and	406
defray the cost of the construction, maintenance, and operation of	407
those facilities.	408

Sec. 1521.16.  (A) Any person who owns a facility that has	409
the capacity to withdraw waters of the state in an amount greater	410
than one hundred thousand gallons per day averaged over any	411
thirty-day period from all sources and whose construction is	412
completed before January 1, 1990, shall register the facility by	413
January 1, 1991, with the chief of the division of soil and water	414
resources, and any person who owns a facility that has the	415
capacity to withdraw waters of the state in such an amount and	416
whose construction is completed on or after January 1, 1990, shall	417
register the facility with the chief within three months after the	418
facility is completed. TheIn addition, any person who owns a	419
facility that has the capacity to divert any amount of water from	420
the area of the Great Lakes basin within this state to another	421
basin shall register the facility within three months of the	422
effective date of this amendment or within three months after the	423
facility is completed. For purposes of collecting information	424
relating to the future cumulative impact of withdrawals from	425
certain watersheds, the chief may lower the threshold for	426
registration of withdrawals in distressed water resource areas.	427
The chief also may require a facility in a distressed water	428
resource area to submit additional information on the withdrawal	429
and increase the frequency of reporting.	430

The person shall register the facility using a form	431
prescribed by the chief that shall include, without limitation,	432
the name and address of the registrant and date of registration;	433
the locations and sources of the facility's water supply; the	434
facility's withdrawal capacity per day and the amount withdrawn	435
from each source; where applicable, the facility's diversion	436
capacity per day and the amount diverted from each source; the	437
uses made of the water, places of use, and places of discharge;	438
and such other information as the chief may require by rule.	439

The registration date of any facility whose construction was	440
completed prior to January 1, 1990, and that is registered under	441
this division prior to January 1, 1991, shall be January 1, 1990.	442
The registration date of any facility whose construction was	443
completed prior to January 1, 1990, and that is required to	444
register under this division prior to January 1, 1991, but that is	445
not registered prior to that date, and the registration date of	446
any facility whose construction was completed after January 1,	447
1990, and that is required to register under this division shall	448
be the date on which the registration is received by the chief.	449

(B) In accordance with division (D) of this section, the	450
chief shall adopt rules establishing standards and criteria for	451
determining when an area of ground water or surface water is a	452
grounddistressed water stressresource area, the geographic	453
limits of such an area, and a threshold withdrawal capacity for	454
the area below which registration under this division shall not be	455
required. The chief shall establish the standards and criteria by	456
utilizing the science-based assessment process developed under	457
section 1522.12 of the Revised Code. At any time following the	458
adoption of those rules, the chief may by order designate an area	459
of ground water or surface water as a grounddistressed water	460
stressresource area and shall establish in any such order a	461
threshold withdrawal capacity for the area below which	462
registration under this division shall not be required. The order	463
also shall establish any reporting requirements for facilities in	464
the designated area.	465

An elected official of a political subdivision may petition	466
the chief to issue an order designating an area of ground water or	467
surface water as a distressed water resource area. The petition	468
shall specify the reasons why the official believes that grounds	469
exist for the designation. Within sixty days after receiving such	470
a petition, the chief shall make a determination on the petition.	471
If the chief determines that grounds exist for the petition to be	472
granted, the chief shall issue an order designating a distressed	473
water resource area and establish the threshold capacity for	474
registration and any other reporting requirements for facilities	475
within the area. Such a decision may be appealed to the water	476
resources commission pursuant to section 1522.20 of the Revised	477
Code.	478

Following the designation of a grounddistressed water stress	479
resource area, the chief immediately shall give notice by	480
publication in a newspaper of general circulation in the	481
designated area that shall include a map delineating the	482
designated ground water stress area and a statement of the	483
threshold withdrawal capacity established for the area below which	484
registration under this division shall not be required and any	485
reporting requirements for facilities within the area. The notice	486
shall not appear in the legal notices section of the newspaper.	487
Any person who owns a facility in the designated ground	488
distressed water stressresource area that is not registered under	489
division (A) of this section and that has the capacity to withdraw	490
waters of the state in an amount greater than the threshold	491
withdrawal capacity for the area from all sources shall register	492
the facility with the chief not later than thirty days after	493
publication of the notice. A person registering a facility under	494
this division shall do so using a form prescribed by the chief.	495
The form shall include the information specified in division (A)	496
of this section. The person also shall submit any additional	497
information at intervals established by the chief.	498

(C) Any person who owns a facility registered under division	499
(A) or (B) of this section shall file a report annually with the	500
chief listing the amount of water withdrawn per day by the	501
facility, the amount of water diverted per day, if applicable, the	502
return flow per day, and any other information the chief may	503
require by rule. A person who owns a facility registered under	504
division (A) or (B) of this section that is within the area of the	505
state in the Great Lakes basin shall certify that the person has	506
reviewed the environmentally sound and economically feasible water	507
conservation measures developed for the facility's water use	508
sector in rules adopted under Chapter 1522. of the Revised Code.	509
The person also shall list the general categories of	510
environmentally sound and economically feasible water conservation	511
measures adopted by the person and the amount of water conserved	512
per day by category. Any person who, under Chapter 6109. of the	513
Revised Code, provides such information to the Ohio environmental	514
protection agency is exempt from reporting under this division.	515
The director of environmental protection shall provide the chief	516
any such reported information upon request.	517

(D) A person who owns a facility registered under division	518
(A) or (B) of this section shall submit a fee annually to the	519
chief in the following amount:	520

(1) Two hundred fifty dollars for the capacity to withdraw	521
greater than two hundred fifty thousand gallons per day up to and	522
including five hundred thousand gallons per day;	523

(2) Five hundred dollars for the capacity to withdraw greater	524
than five hundred thousand gallons per day up to and including one	525
million gallons per day;	526

(3) Four thousand dollars for the capacity to withdraw	527
greater than one million gallons per day up to and including five	528
million gallons per day;	529

(4) Five thousand five hundred dollars for the capacity to	530
withdraw greater than five million gallons per day up to and	531
including ten million gallons per day;	532

(5) Seven thousand dollars for the capacity to withdraw	533
greater than ten million gallons per day up to and including fifty	534
million gallons per day;	535

(6) Eight thousand five hundred dollars for the capacity to	536
withdraw greater than fifty million gallons per day up to and	537
including one hundred million gallons per day;	538

(7) Ten thousand dollars for the capacity to withdraw greater	539
than one hundred million gallons per day.	540

The fees assessed under this division shall be annually	541
indexed to inflation. The fees shall be credited to the water	542
management fund created in section 1501.32 of the Revised Code.	543

A person who owns a facility registered under division (A) or	544
(B) of this section that has the capacity to withdraw two hundred	545
fifty thousand gallons per day or less is not required to submit a	546
fee under this division.	547

(E) The chief shall adopt, and may amend or rescind, rules in	548
accordance with Chapter 119. of the Revised Code to carry out this	549
section.	550

(E)(F)(1) No person knowingly shall fail to register a	551
facility or file a report as required under this section.	552

(2) No person shall file a false report under this section.	553
Violation of division (E)(F)(2) of this section is falsification	554
under section 2921.13 of the Revised Code.	555

(F)(G) At the request of the director of natural resources,	556
the attorney general may commence a civil action to compel	557
compliance with this section, in a court of common pleas, against	558
any person who has violated or is violating division (E)(F)(1) of	559
this section. The court of common pleas in which a civil action is	560
commenced under this division has jurisdiction to and shall compel	561
compliance with this section upon a showing that the person	562
against whom the action is brought has violated or is violating	563
that division.	564

Any action under this division is a civil action, governed by	565
the rules of civil procedure and other rules of practice and	566
procedure applicable to civil actions.	567

Sec. 1522.03. (A) Subject to the limitations established in	568
division (B) of section 1522.05 of the Revised Code, the director	569
of natural resourcesThe chief of the division of soil and water	570
resources shall do both of the following:	571

(1) Adopt rules in accordance with Chapter 119. of the	572
Revised Code for the implementation, administration, and	573
enforcement of this chapter;	574

(2) Enforce the great lakes-st. Lawrence river basin water	575
resources compact and take appropriate actions to effectuate its	576
purposes and intent.	577

(B) Subject to the limitations established in division (B) of	578
section 1522.05 of the Revised Code, anyAny appropriate state	579
agency or governmental officer shall enforce the compact and take	580
appropriate actions to effectuate its purpose and intent.	581

Sec. 1522.05. (A) Pursuant to Section 9.2 of the great	582
lakes-st. Lawrence river basin water resources compact, the	583
governor may take such actions as are necessary for the initial	584
organization and operation of the great lakes-st. Lawrence river	585
basin water resources council created in Section 2.1 of the	586
compact. Agencies of the state are hereby authorized to cooperate	587
with the council.	588

(B)(1) The governor, the department of natural resources, or	589
any other agency of the state shall not adopt rules or implement	590
any program regulating the use, withdrawal, consumptive use, or	591
diversion of water pursuant to Sections 4.10 and 4.12.2 of the	592
compact unless the general assembly enacts legislation after the	593
effective date of this section authorizing the implementation of	594
the program or adoption of rules.	595

In addition, the governor, the department of natural	596
resources, or any other agency of the state shall not adopt rules	597
or implement any mandatory program governing water conservation	598
and efficiency pursuant to Section 4.2 of the compact unless the	599
general assembly enacts legislation after the effective date of	600
the compact authorizing the implementation of the program or	601
adoption of rules. However, the governor, the department of	602
natural resources, or any other agency of the state may adopt	603
rules concerning and may implement voluntary water conservation	604
and efficiency programs without authorization from the general	605
assembly. Such voluntary programs shall not include any mandatory	606
requirements.	607

(2) Division (B)(1) of this section does not prohibit the	608
effectuation of Sections 4.8 and 4.9 of the compact after the	609
effective date of the compact or prohibit the continued	610
implementation and enforcement by the governor or applicable	611
agencies of this state of laws, rules, or programs regulating the	612
use, withdrawal, consumptive use, or diversion of water that are	613
in effect on or before the effective date of this section.	614

Sec. 1522.10.  As used in sections 1522.10 to 1522.22 of the	615
Revised Code:	616

(A) "Aquifer" means a consolidated or unconsolidated geologic	617
formation or series of formations that are hydraulically	618
interconnected and that have the ability to receive, store, or	619
transmit water.	620

(B) "Baseline capacity" means all of the following:

621

(1) For a facility with the capacity to make a withdrawal,	622
consumptive use, or diversion as of December 8, 2008, the capacity	623
of the facility as reported in the baseline list submitted by the	624
department of natural resources to the great lakes-st. Lawrence	625
river basin water resources compact council on December 8, 2009,	626
or as determined by the chief of the division of soil and water	627
resources on the basis of sufficient documentation prescribed by	628
the chief;	629

(2) For a facility that developed the capacity to make a	630
withdrawal or consumptive use after December 8, 2008, but before	631
the effective date of this section, the capacity of the facility	632
as determined by the chief on the basis of sufficient	633
documentation prescribed by the chief;	634

(3) For a facility that develops the capacity to make a	635
withdrawal or consumptive use after the effective date of this	636
section, the capacity of the facility specified in a permit issued	637
for the facility under section 1522.14 of the Revised Code;	638

(4) For a facility that developed or develops the capacity to	639
make a diversion after December 8, 2008, the capacity of the	640
facility specified in a permit issued for the facility under	641
section 1522.15 of the Revised Code.	642

"Baseline capacity" includes only the capacity of a facility	643
that is representative of the state of the systems at the facility	644
and that is based on approved withdrawal or consumptive use limits	645
for the facility or the most restrictive capacity information	646
available for the facility.	647

(C) "Compact" means the great lakes-st. Lawrence river basin	648
water resources compact as set forth in section 1522.01 of the	649
Revised Code.	650

(D) "Consumptive use," "environmentally sound and	651
economically feasible water conservation measures," and "person"	652
have the same meanings as in the compact.	653

(E) "Facility" has the same meaning as in section 1521.01 of	654
the Revised Code.	655

(F) "Ground water" means all water occurring in an aquifer.

656

(G) "High-quality streams and rivers" means those stream and	657
river segments to which either of the following applies:	658

(1) The stream or river segment is designated by the director	659
of environmental protection under section 6111.041 of the Revised	660
Code as a beneficial use for exceptional warmwater aquatic life	661
habitat or coldwater aquatic life habitat.	662

(2) The stream or river segment is categorized by the	663
director under division (A)(2) of section 6111.12 of the Revised	664
Code as an outstanding state water or superior high quality water.	665

(H) "Large watershed" means any watershed that is greater	666
than three hundred square miles in size as determined by the	667
chief.	668

(I) "Medium watershed" means any watershed that is at least	669
one hundred square miles in size, but not greater than three	670
hundred square miles in size as determined by the chief.	671

(J) "Rule" or "rules" mean a rule or rules adopted by the	672
chief under sections 1522.11 to 1522.22 of the Revised Code in	673
accordance with Chapter 119. of the Revised Code.	674

(K) "Small watershed" means any watershed that is less than	675
one hundred square miles in size as determined by the chief.	676

(L) "Stream or river" means a water body having a channel	677
with a well defined bed and banks, either natural or artificial,	678
that confine and conduct continuous or periodic flowing water.	679

(M) "Surface water" includes all streams, lakes, reservoirs,	680
ponds, marshes, wetlands, bays, estuaries, or other waterways that	681
are situated wholly or partially within the boundaries of this	682
state except those private waters that do not combine or effect a	683
junction with natural surface or underground waters.	684

(N) "Withdrawal" has the same meaning as in the compact and	685
also means one or more cumulative total withdrawals of water that	686
supply a common distribution system.	687

Sec. 1522.11.  (A) Not later than six months after the	688
effective date of this section, the chief of the division of soil	689
and water resources shall establish by rule conservation and	690
efficiency goals and objectives in accordance with section 4.2.1	691
of the compact.	692

(B) Not later than one year after the effective date of this	693
section, the chief, following public notice and comment, shall	694
adopt rules establishing a water conservation and efficiency	695
program in accordance with section 4.2 of the compact that is	696
consistent with the goals and objectives established under	697
division (A) of this section. The program shall include, without	698
limitation, development of environmentally sound and economically	699
feasible water conservation measures for each water use sector and	700
promotion of those measures. The measures for each sector shall be	701
reviewed at least every ten years.	702

(C) In implementing divisions (A) and (B) of this section,	703
the chief shall give consideration to the Ohio great lakes compact	704
advisory board's recommendations in its December 15, 2010, final	705
report.	706

(D) Not later than three months after completion of the	707
review by the great lakes-st. Lawrence river basin water resources	708
council under section 4.2.3 of the compact, the chief shall	709
conduct a review of the goals and objectives established under	710
division (A) of this section and the program established in rules	711
adopted under division (B) of this section.	712

Sec. 1522.12.  Not later than one year after the effective	713
date of this section, the chief of the division of soil and water	714
resources shall establish by rule a science-based assessment	715
process for determining whether a withdrawal or consumptive use	716
will cause significant individual or cumulative adverse resource	717
impacts. The assessment process shall take into account all of the	718
following:	719

(A) Quantitative standards to determine the impacts of ground	720
water withdrawals on surface water, ground water, and water	721
dependent natural resources;	722

(B) Quantitative standards that maintain stream flows	723
protective of aquatic life;	724

(C) Source water quality;

725

(D) Impacts of cumulative withdrawals.

726

Sec. 1522.13.  (A) Not later than six months after the	727
effective date of this section, a person who, as of the effective	728
date of this section, is the owner of a facility with the capacity	729
to make a withdrawal of water from the area of the state within	730
the Great Lakes basin shall obtain a permit for the withdrawal	731
capacity from the chief of the division of soil and water	732
resources if any of the following applies:	733

(1) The capacity is to make a withdrawal from a high-quality	734
stream or river in a small watershed, and the withdrawal capacity	735
is greater than ten thousand gallons per day averaged over any	736
thirty-day period.	737

(2) The capacity is to make a withdrawal from a high-quality	738
stream or river in a medium watershed, and the withdrawal capacity	739
is greater than twenty-five thousand gallons per day averaged over	740
any thirty-day period.	741

(3) The capacity is to make a withdrawal from a source of	742
water other than a source specified in division (A)(1) or (2) of	743
this section, and the withdrawal capacity is greater than one	744
hundred thousand gallons per day averaged over any thirty-day	745
period.	746

(B) The chief shall issue the permits required by this	747
section to each facility in this state for which a permit is	748
required under division (A) of this section. A permit issued by	749
the chief under this section shall be for the baseline capacity of	750
a facility and shall be subject to appropriate terms and	751
conditions prescribed by the chief.	752

(C) A permit issued under this section shall be valid for a	753
period of time specified by the chief, not to exceed ten years.	754

(D) A person who is issued a permit under this section shall	755
submit an annual report to the chief with information the chief	756
may require by rule.	757

(E) The following withdrawals are exempt from the requirement	758
to obtain a permit under this section:	759

(1) Withdrawals used to supply vehicles, including vessels	760
and aircraft, whether for the needs of the persons or animals	761
being transported or for ballast or other needs related to the	762
operation of the vehicles;	763

(2) Withdrawals used in a noncommercial project on a	764
short-term basis for firefighting, humanitarian, or emergency	765
response purposes;	766

(3) Withdrawals used for general residential purposes and	767
serving fewer than twenty-five persons;	768

(4) Withdrawals from diffused surface water, including storm	769
water retention ponds, private ponds, farm ponds, golf course	770
ponds, nursery ponds, and those private waters that do not combine	771
or effect a junction with natural surface or ground water.	772

(F) The capacity to make a withdrawal of water may not be	773
transferred by the owner of a facility to another facility without	774
obtaining a new permit under section 1522.14 of the Revised Code.	775

(G) Prior to the expiration date of a permit issued under	776
this section and in accordance with rules, the permittee may	777
submit an application for a renewal of the permit to the chief.	778
The chief shall grant a permit renewal if the proposed withdrawal	779
specified in the permit renewal application does not exceed the	780
baseline capacity of the facility. However, the chief may grant a	781
permit renewal if the proposed withdrawal exceeds the baseline	782
capacity of the facility if all of the following apply:	783

(1) The withdrawal does not equal or exceed the threshold for	784
an increased withdrawal under section 1522.14 of the Revised Code.	785

(2) The applicant demonstrates environmentally sound and	786
economically feasible water conservation measures to be utilized	787
at the facility.	788

(3) The applicant complies with any other criteria that the	789
chief may require by rule.	790

The renewal of a permit that authorizes a facility to exceed	791
the baseline capacity of the facility does not constitute a	792
modification of the baseline capacity for that facility.	793

(H) A renewal shall be valid for a period of time specified	794
by the chief, not to exceed ten years. A permit renewal shall not	795
be granted if the permitted capacity has not been utilized for the	796
eight years prior to the application for the renewal.	797

Sec. 1522.14.  (A) Not later than six months after the	798
effective date of this section, the chief of the division of soil	799
and water resources shall establish a permitting program for new	800
or increased withdrawals or consumptive uses of water from the	801
area of the state within the Great Lakes basin. Except as provided	802
in division (J) of this section and after the establishment of the	803
permitting program, the following persons shall obtain a permit	804
from the chief prior to making a new or increased withdrawal or	805
consumptive use of water from the area of the state within the	806
Great Lakes basin:	807

(1) A person who proposes to develop the capacity at a	808
facility to make a new withdrawal or to increase a withdrawal	809
beyond the baseline capacity of the facility from a stream or	810
river that is not a high-quality stream or river if any of the	811
following applies:	812

(a) The capacity will be to make a withdrawal from a stream	813
or river within a small watershed, and the withdrawal capacity of	814
the facility will be greater than one hundred thousand gallons per	815
day averaged over any thirty-day period.	816

(b) The capacity will be to make a withdrawal from a stream	817
or river within a medium watershed, and the withdrawal capacity of	818
the facility will be greater than two hundred fifty thousand	819
gallons per day averaged over any thirty-day period.	820

(c) The capacity will be to make a withdrawal from a stream	821
or river within a large watershed, and the withdrawal capacity of	822
the facility will be greater than one million gallons per day	823
averaged over any thirty-day period.	824

(2) A person who proposes to develop the capacity at a	825
facility to make a new withdrawal or to increase a withdrawal	826
beyond the baseline capacity of the facility from a stream or	827
river that is a high-quality stream or river if any of the	828
following applies:	829

(a) The capacity will be to make a withdrawal from a stream	830
or river within a small watershed, and the withdrawal capacity of	831
the facility will be greater than ten thousand gallons per day	832
averaged over any thirty-day period.	833

(b) The capacity will be to make a withdrawal from a stream	834
or river within a medium watershed, and the withdrawal capacity of	835
the facility will be greater than twenty-five thousand gallons per	836
day averaged over any thirty-day period.	837

(c) The capacity will be to make a withdrawal from a stream	838
or river within a large watershed, and the withdrawal capacity of	839
the facility will be greater than one hundred thousand gallons per	840
day averaged over any thirty-day period.	841

(3) A person who proposes to develop the capacity at a	842
facility to make a new withdrawal or to increase a withdrawal	843
beyond the baseline capacity of the facility from ground water if	844
either of the following applies:	845

(a) During the period from the effective date of this section	846
until one year after the effective date of this section, the	847
capacity will be to make a withdrawal from ground water, and the	848
withdrawal capacity of the facility will be greater than five	849
hundred thousand gallons per day averaged over any thirty-day	850
period.	851

(b) Beginning one year after the effective date of this	852
section, the capacity will be to make a withdrawal from ground	853
water, and the withdrawal capacity of the facility will be above a	854
threshold or thresholds established in rules. The rules shall be	855
adopted not later than one year after the effective date of this	856
section. In adopting the rules, the chief shall use the	857
science-based assessment process developed in rules adopted under	858
section 1522.12 of the Revised Code.	859

(4) A person who owns a facility with a capacity to make a	860
new withdrawal or to increase a withdrawal beyond the baseline	861
capacity of the facility from Lake Erie if the withdrawal capacity	862
of the facility will be greater than two million five hundred	863
thousand gallons per day averaged over any thirty-day period;	864

(5) A person who owns a facility with a capacity to make a	865
new consumptive use or to increase a consumptive use beyond the	866
baseline capacity of the facility if the consumptive use capacity	867
of the facility will be greater than two million gallons per day	868
averaged over any thirty-day period.	869

(B) A person shall apply for a permit under this section by	870
submitting an application to the chief. The permit application	871
shall contain the following information, as applicable:	872

(1) The withdrawal capacity per day of the facility for which	873
a permit is sought if the withdrawal is to occur at a facility	874
already in operation;	875

(2) The total new or increased daily withdrawal capacity	876
proposed for the facility;	877

(3) The locations and sources of water proposed to be	878
withdrawn;	879

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

880

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

881

(6) The estimated average annual and monthly volumes and	882
rates of withdrawal;	883

(7) The estimated average annual and monthly volumes and	884
rates of consumptive use;	885

(8) The effects the withdrawal is anticipated to have with	886
respect to water resources;	887

(9) A description of alternative sources of water, if any,	888
available to satisfy an applicant's withdrawal or consumptive use	889
needs if the application is denied or modified;	890

(10) A description of the water conservation practices the	891
applicant intends to utilize;	892

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

893

(C) An applicant shall submit a permit fee in the following	894
amount with the application for a permit under this section:	895

(1) Four hundred dollars for the capacity to withdraw greater	896
than two hundred fifty thousand gallons per day up to and	897
including five hundred thousand gallons per day;	898

(2) Five hundred dollars for the capacity to withdraw greater	899
than five hundred thousand gallons per day up to and including one	900
million gallons per day;	901

(3) Six hundred dollars for the capacity to withdraw greater	902
than one million gallons per day up to and including five million	903
gallons per day;	904

(4) Seven hundred dollars for the capacity to withdraw	905
greater than five million gallons per day up to and including ten	906
million gallons per day;	907

(5) Eight hundred dollars for the capacity to withdraw	908
greater than ten million gallons per day up to and including fifty	909
million gallons per day;	910

(6) Nine hundred dollars for the capacity to withdraw greater	911
than fifty million gallons per day up to and including one hundred	912
million gallons per day;	913

(7) One thousand dollars for the capacity to withdraw greater	914
than one hundred million gallons per day.	915

The fees assessed under this division shall be annually	916
indexed to inflation. The fees shall be credited to the water	917
management fund created in section 1501.32 of the Revised Code.	918

A person that has the capacity to withdraw two hundred fifty	919
thousand gallons per day or less is not required to submit a	920
permit fee under this division.	921

(D) The chief shall provide public notice in a newspaper of	922
local circulation and on the internet web site of the department	923
of natural resources of the receipt of an application for a permit	924
under this section. The chief shall provide a public comment	925
period of not less than forty-five days prior to acting on the	926
application. In accordance with section 6.2 of the compact, the	927
chief shall assure public accessibility to all documents relevant	928
to the application and shall make the record of decision available	929
for public inspection.	930

(E) The chief shall issue a permit under this section if all	931
of the following conditions are met:	932

(1) All water withdrawn will be returned, either naturally or	933
after use, to the source watershed less an allowance for	934
consumptive use.	935

(2) The withdrawal or consumptive use will be implemented so	936
as to ensure that the proposal will result in no significant	937
individual or cumulative adverse impacts.	938

(3) The withdrawal or consumptive use will be implemented so	939
as to incorporate environmentally sound and economically feasible	940
water conservation measures.	941

(4) The withdrawal or consumptive use will be implemented so	942
as to ensure that it is in compliance with all applicable local,	943
state, and federal laws as well as regional, interstate, and	944
international agreements, including the Boundary Waters Treaty of	945
1909.	946

(5) The proposed use is reasonable based on a consideration	947
of the following factors:	948

(a) Whether the proposed withdrawal or consumptive use is	949
planned in a fashion that provides for the efficient use of the	950
water and will avoid or minimize the waste of water;	951

(b) If the proposal is for an increased withdrawal or	952
consumptive use, whether efficient use is made of existing water	953
supplies;	954

(c) The balance between economic development, social	955
development, and environmental protection of the proposed	956
withdrawal or consumptive use and other existing or planned	957
withdrawals and water uses sharing the water source;	958

(d) The supply potential of the water source, considering	959
quantity, quality, and reliability and safe yield of	960
hydrologically interconnected water sources;	961

(e) The probable degree of any adverse impacts caused or	962
expected to be caused by the proposed withdrawal or consumptive	963
use under foreseeable conditions to other lawful consumptive or	964
nonconsumptive uses of water or to the quantity or quality of the	965
waters and water dependent natural resources of the basin, and the	966
proposed plans and arrangements for avoidance or mitigation of	967
such impacts;	968

(f) Whether the proposal includes restoration of hydrologic	969
conditions and functions of the source watershed.	970

(F) In determining whether to issue a permit or permit	971
renewal under this section, the chief shall consider the permit	972
application in light of the cumulative effect on the water source	973
of other permit applications for withdrawals and consumptive uses	974
submitted during the ten years prior to the submission of the	975
application.	976

(G) A permit issued under this section shall be valid for a	977
period of time specified by the chief, not to exceed ten years.	978

(H) Any person who is issued a permit under this section	979
shall submit an annual report to the chief with information the	980
chief may require by rule.	981

(I) The following withdrawals are exempt from the requirement	982
to obtain a permit under this section:	983

(1) Withdrawals used to supply vehicles, including vessels	984
and aircraft, whether for the needs of the persons or animals	985
being transported or for ballast or other needs related to the	986
operation of the vehicles;	987

(2) Withdrawals used in a noncommercial project on a	988
short-term basis for firefighting, humanitarian, or emergency	989
response purposes;	990

(3) Withdrawals used for general residential purposes and	991
serving fewer than twenty-five persons;	992

(4) Withdrawals from diffused surface water, including storm	993
water retention ponds, private ponds, farm ponds, golf course	994
ponds, nursery ponds, and those private waters that do not combine	995
or effect a junction with natural surface or ground water.	996

(J) The capacity to make a withdrawal of water may not be	997
transferred by the owner of a facility to another facility without	998
obtaining a new permit for the facility prior to the transfer.	999

(K) Prior to the expiration of a permit issued under this	1000
section and in accordance with rules, the permittee may submit an	1001
application for renewal of the permit to the chief. The chief	1002
shall grant a permit renewal without further review if a permittee	1003
demonstrates that the permittee is in compliance with all terms	1004
and conditions of the permit, and the permittee demonstrates	1005
through third-party verification that the permittee has	1006
implemented environmentally sound and economically feasible water	1007
conservation practices that result in measurable conservation as	1008
defined by rule.	1009

(L) A renewal shall be valid for a period of time specified	1010
by the chief, not to exceed ten years.	1011

(M) The chief shall adopt rules necessary to administer this	1012
section, including rules that do all of the following:	1013

(1) Provide guidance on standards for determining whether and	1014
when to conduct a public meeting or hearing concerning a permit	1015
application;	1016

(2) Establish environmentally sound and economically feasible	1017
conservation measures required for permittees in each water use	1018
sector;	1019

(3) Require permittees to improve water conservation as the	1020
adverse resource impact of a withdrawal or consumptive use	1021
increases.	1022

Sec. 1522.15.  (A) A person who develops the capacity to make	1023
a new diversion from the area of the state within the Great Lakes	1024
basin to another basin, or develops the capacity to increase a	1025
diversion above the baseline capacity of the diversion from the	1026
area of the state within the Great Lakes basin to another basin,	1027
shall obtain a permit from the chief of the division of soil and	1028
water resources. The person shall submit an application for the	1029
permit to the chief in a manner prescribed by the chief.	1030

(B) An application submitted under division (A) of this	1031
section shall be accompanied by a permit fee of five thousand	1032
dollars. The applicant also shall pay an amount equal to any fees	1033
imposed on the state related to review of the proposed diversion	1034
by the great lakes-st. Lawrence river basin water resources	1035
council or the regional body under the compact.	1036

(C) The chief shall not approve a permit application	1037
submitted under division (A) of this section unless the	1038
application meets the requirements in section 4.9 of the compact.	1039
The chief also shall not approve such a permit application unless	1040
the applicant demonstrates all of the following:	1041

(1) The need for all or part of the proposed diversion cannot	1042
be reasonably avoided through the efficient use and conservation	1043
of existing water supplies.	1044

(2) The diversion will be implemented so as to incorporate	1045
environmentally sound and economically feasible water conservation	1046
measures.	1047

(3) The diversion, as demonstrated through third-party	1048
verification, will not introduce invasive species into the basin	1049
in which water is diverted.	1050

(D) The chief shall hold a public hearing on an application	1051
submitted under division (A) of this section. The chief shall	1052
provide public notice in a newspaper of local circulation and on	1053
the internet web site of the department of natural resources of	1054
the receipt of the application and the date and location of the	1055
public hearing regarding the application. The chief shall provide	1056
a public comment period of not less than forty-five days prior to	1057
acting on the application. In accordance with section 6.2 of the	1058
compact, the chief shall assure public accessibility to all	1059
documents relevant to the application and shall make the record of	1060
decision available for public inspection.	1061

(E) The director shall adopt rules establishing criteria and	1062
standards governing permits issued under this section. The rules	1063
shall include the establishment of standards for environmentally	1064
sound and economically feasible water conservation practices	1065
applicable to permits issued under this section.	1066

(F) The chief shall issue a permit to any person who had the	1067
capacity to make a diversion from the area of the state within the	1068
Great Lakes basin to another basin prior to December 9, 2008. The	1069
permit shall be for the baseline capacity of the diversion. A	1070
person who is eligible for a permit under this division shall file	1071
an application not later than three months after the effective	1072
date of this section. A person who applies for a permit under this	1073
division need not pay the application fee that is otherwise	1074
required under division (A) of this section.	1075

Permits issued under this section shall be valid for a period	1076
of time specified by the chief, not to exceed ten years from the	1077
date of issuance.	1078

Sec. 1522.16.  (A) A permit issued under this chapter does	1079
not grant a property right to withdraw water nor does it grant a	1080
property right in the reasonable use of water.	1081

(B) In any determination of the reasonable use of water under	1082
common law or section 1521.17 of the Revised Code, the issuance of	1083
a permit under this chapter may only be conclusive as to whether a	1084
use is prior to another in the quantity claimed.	1085

Sec. 1522.17.  Not later than three months after the	1086
department of natural resources participates in an assessment of	1087
cumulative impacts under section 4.15 of the compact, the chief of	1088
the division of soil and water resources shall issue a report on	1089
the status of the water supply potential of the area of the state	1090
within the Great Lakes basin; the locations of individual or	1091
cumulative adverse impacts; the methods that the chief plans to	1092
use to address adverse impacts; and the number of distressed water	1093
resource areas designated under section 1521.16 of the Revised	1094
Code. The report shall be submitted to the members of the general	1095
assembly and disseminated to the public through the department of	1096
natural resources' web site. The report shall be updated at least	1097
every five years.	1098

Sec. 1522.18.  (A) If the chief of the division of soil and	1099
water resources finds that a person who makes a water withdrawal,	1100
consumptive use, or diversion has violated any requirement of this	1101
chapter or rules adopted under it or the terms and conditions of a	1102
permit issued under it, the chief may issue an order directing the	1103
person to cease the violation. The order shall identify the	1104
facility where the violation has occurred or is occurring and the	1105
specific requirement violated and, when practicable, prescribe	1106
what action the person may take to comply with the order. The	1107
chief shall fix and specify in the order a reasonable date or time	1108
by which the person shall comply.	1109

(B) The chief may issue an order immediately suspending a	1110
permit if the chief determines that a water withdrawal,	1111
consumptive use, or diversion will endanger the public health,	1112
safety, or welfare. In addition, the chief may temporarily suspend	1113
permits for facilities that are located in a distressed water	1114
resource area designated under section 1521.16 of the Revised Code	1115
because of significant adverse impacts to water resources or water	1116
dependent natural resources. Before suspending a permit under this	1117
division, the chief shall make a reasonable attempt to notify the	1118
permittee that the chief intends to suspend the permit. If the	1119
attempt fails, notification shall be given as soon as practicable	1120
following the suspension. In accordance with section 1522.21 of	1121
the Revised Code, the permittee may appeal the suspension to the	1122
water resources commission, and the decision of the commission	1123
shall be issued not later than ten days after receipt of the	1124
notice of appeal. If the chief determines before the expiration	1125
date of a suspension that the water withdrawal, consumptive use,	1126
or diversion can be resumed without significant adverse impacts to	1127
water resources or water dependent natural resources in a	1128
distressed water resource area, the chief, upon request of the	1129
permittee, shall reinstate the permit.	1130

(C) An order of the chief affecting the rights, duties, or	1131
privileges of a person who makes a water withdrawal, consumptive	1132
use, or diversion or of an applicant for a water withdrawal,	1133
consumptive use, or diversion permit under this chapter shall be	1134
in writing and contain a finding by the chief of the facts on	1135
which the order is based. Notice of the order shall be given by	1136
certified mail to each person whose rights, duties, or privileges	1137
are affected. Notice also shall be provided to interested parties	1138
and neighboring water users in a manner prescribed by the chief.	1139

Sec. 1522.19. (A) An elected official of a political	1140
subdivision may petition the chief of the division of soil and	1141
water resources for an investigation of a withdrawal, consumptive	1142
use, or diversion of water resources alleged to be in violation of	1143
any requirement of this chapter, a rule adopted under it, or the	1144
terms and conditions of a permit issued under it. The petition	1145
shall identify the permittee and specify the reasons why the	1146
official believes that grounds exist for an order to be issued	1147
under section 1522.18 of the Revised Code. Upon receipt of the	1148
petition, the chief shall send a copy to the permittee and, within	1149
sixty days, make a determination as to whether grounds exist to	1150
issue an order under section 1522.18 of the Revised Code.	1151

(B) Any aggrieved person, in accordance with section 7.3 of	1152
the compact, may commence a civil action in a court of competent	1153
jurisdiction to compel a person to comply with this chapter, a	1154
rule adopted under it, or the terms and conditions of a permit	1155
issued under it.	1156

Sec. 1522.20.  (A) There is hereby created the water	1157
resources commission consisting of three members appointed by the	1158
governor with the advice and consent of the senate. A member of	1159
the commission shall have knowledge of or experience in water	1160
withdrawal technology, ecology, hydrology, or environmental or	1161
natural resources laws of this state. At least one member of the	1162
commission shall have a background in economic development or job	1163
creation. At least two members shall represent the public	1164
interest. Not more than two members shall belong to the same	1165
political party. No member shall be currently on the payroll of,	1166
or receiving pension or other benefits from, a registered user	1167
under section 1521.16 of the Revised Code or the owner of a	1168
facility for which a permit has been issued under this chapter.	1169

(B) Terms of office for members of the commission shall be	1170
for six years, commencing on the twenty-ninth day of June and	1171
ending on the twenty-eighth day of June, except that the terms of	1172
the initial members appointed to the commission shall be for two,	1173
four, and six years as designated by the governor at the time of	1174
the appointment. Each member shall hold office from the date of	1175
appointment until the end of the term for which the appointment	1176
was made. Each vacancy occurring on the commission shall be filled	1177
by appointment within sixty days after the vacancy occurs. A	1178
member appointed to fill a vacancy occurring prior to the	1179
expiration of the term for which the member's predecessor was	1180
appointed shall hold office for the remainder of that term. A	1181
member shall continue in office subsequent to the expiration date	1182
of the member's term until the member's successor takes office.	1183

(C) The commission may appoint a secretary to hold office at	1184
the commission's pleasure and shall appoint one or more hearing	1185
officers to assist the commission who shall be attorneys at law	1186
admitted to practice in this state. A commission member may serve	1187
as secretary. The secretary and hearing officers shall perform	1188
duties prescribed by the commission and shall receive compensation	1189
fixed by the commission in accordance with schedules that are	1190
established by law for the compensation of state employees.	1191

(D) A member of the commission shall be reimbursed for all	1192
travel, hotel, and other expenses necessarily incurred in the	1193
performance of the member's work as a member. Those expenses shall	1194
be paid in accordance with rules of the office of budget and	1195
management. Members of the commission shall receive no other	1196
compensation.	1197

(E) Annually one member shall be elected as chairperson of	1198
the commission and another member shall be elected as	1199
vice-chairperson.	1200

(F) The governor may remove a member of the commission from	1201
office for inefficiency, neglect of duty, malfeasance,	1202
misfeasance, or nonfeasance. Prior to removing a member, the	1203
governor shall deliver to the member the charges against the	1204
member in writing with at least ten days' written notice of the	1205
time and place at which the governor will publicly hear the member	1206
and the charges against the member. If the member is removed from	1207
office, the governor shall file in the office of the secretary of	1208
state a complete statement of the charges made against the member	1209
and a complete report of the proceedings. The action of the	1210
governor removing a member from office is final.	1211

(G) The commission shall adopt rules governing procedures of	1212
appeals and practice before the commission and may, for its own	1213
internal management, adopt rules that do not affect private	1214
rights.	1215

(H) The commission shall have its own operating budget	1216
independent of any state agency or other commission.	1217

Sec. 1522.21.  (A)(1) As used in this section, "order"	1218
includes a modification, vacation, or termination of an order, but	1219
does not include an order that adopts a rule.	1220

(2) Any person that is or may be aggrieved or adversely	1221
affected by an order or decision of the chief of the division of	1222
soil and water resources under this chapter may appeal the order	1223
or decision. The appeal shall be made by filing a notice of appeal	1224
with the water resources commission for review of the order or	1225
decision not later than thirty days after the order is issued or	1226
the decision is made. The person also shall file a copy of the	1227
notice of appeal with the chief not later than three days after	1228
filing the notice of appeal with the commission. The notice of	1229
appeal shall contain a copy of the order or decision complained of	1230
and the grounds on which the appeal is based. The commission has	1231
exclusive original jurisdiction to hear and decide such appeals.	1232
The filing of a notice of appeal under division (A)(2) of this	1233
section does not operate as a stay of any order or decision of the	1234
chief.	1235

(3) Upon the filing of a notice of appeal, the commission	1236
shall conduct a hearing de novo and render a decision in a timely	1237
fashion. The appellant, the chief, and other interested persons	1238
shall be given written notice of the time and place of the hearing	1239
at least thirty days prior to the hearing. The hearing shall be of	1240
record. For the purpose of conducting a de novo hearing, the	1241
commission shall hear evidence and testimony from witnesses and	1242
may require the attendance of witnesses and the production of	1243
written or printed materials.	1244

(B) If, upon completion of a hearing, the commission finds	1245
that the order or decision of the chief was lawful and reasonable,	1246
it shall issue a written order affirming the order or decision of	1247
the chief. If the commission finds that the order or decision was	1248
unlawful or unreasonable, it shall issue a written order vacating	1249
or modifying the order or decision of the chief or remanding the	1250
action to the chief for further proceedings consistent with its	1251
order.	1252

(C) The commission may grant appropriate interim relief	1253
pending final determination of an appeal if all of the following	1254
conditions are met:	1255

(1) All parties to the appeal have been notified and given an	1256
opportunity to be heard on a request for interim relief.	1257

(2) The person requesting the relief shows that there is a	1258
substantial likelihood that the person will prevail on the merits.	1259

(3) The relief will not adversely affect public health or	1260
safety or cause significant imminent environmental harm to water	1261
resources or water dependent natural resources.	1262

Sec. 1522.22.  (A) Any party aggrieved or adversely affected	1263
by a decision of the water resources commission, including a	1264
decision granting or denying interim relief, may appeal the	1265
decision. The appeal shall be made to the court of appeals of	1266
Franklin county, which shall have exclusive jurisdiction to hear	1267
appeals of decisions rendered by the commission.	1268

(B) Any party desiring to make an appeal under this section	1269
shall file with the commission a notice of appeal designating the	1270
order appealed. A copy of the notice also shall be filed by the	1271
appellant with the court, and a copy shall be sent by certified	1272
mail to the chief of the division of soil and water resources	1273
unless the chief is the party appealing the order. Notices shall	1274
be filed and mailed not later than thirty days after the date on	1275
which the appellant received notice from the commission by	1276
certified mail of the issuance of the order appealed. No appeal	1277
bond shall be required to make an appeal effective.	1278

(C) The filing of a notice of appeal shall not automatically	1279
operate as a suspension of the order of the commission. If it	1280
appears to the court that an unjust hardship to the appellant will	1281
result from the execution of the commission's order pending	1282
determination of the appeal, the court may grant a suspension of	1283
the order and fix its terms.	1284

(D) Not later than twenty days after receipt of the notice of	1285
appeal, the commission shall prepare and file in the court the	1286
complete record of proceedings out of which the appeal arises,	1287
including any transcript of the testimony and any other evidence	1288
that has been submitted before the commission. The expense of	1289
preparing and transcribing the record shall be taxed as a part of	1290
the costs of the appeal. The appellant, other than the state or a	1291
political subdivision, or an agency of either, or any officer of	1292
either acting in a representative capacity, shall provide security	1293
for costs satisfactory to the court. Upon demand by a party, the	1294
commission shall furnish at the cost of the party requesting the	1295
record a copy of the record. If the complete record is not filed	1296
within the time provided for in this division, any party may apply	1297
to the court to have the case docketed, and the court shall order	1298
the record filed.	1299

(E) In hearing the appeal, the court is confined to the	1300
record as certified to it by the commission. The court may grant a	1301
request for the admission of additional evidence when satisfied	1302
that such additional evidence is newly discovered and could not	1303
with reasonable diligence have been ascertained prior to the	1304
hearing before the commission.	1305

(F) At the hearing, counsel may be heard on oral argument,	1306
briefs may be submitted, and evidence may be introduced if the	1307
court has granted a request for the presentation of additional	1308
evidence.	1309

(G) The court shall affirm the order complained of in the	1310
appeal if it finds, upon consideration of the entire record and	1311
any additional evidence that the court has admitted, that the	1312
order is supported by reliable, probative, and substantial	1313
evidence and is in accordance with law. In the absence of such a	1314
finding, it shall reverse, vacate, or modify the order or make	1315
another ruling that is supported by reliable, probative, and	1316
substantial evidence and is in accordance with law.	1317

Sec. 1522.23.  (A) At the request of the chief of the	1318
division of soil and water resources, the attorney general may	1319
commence a civil action in a court of common pleas against a	1320
person who has violated or is violating this chapter or a rule	1321
adopted or an order or term or condition of a permit issued under	1322
it. An action under this division is a civil action governed by	1323
the rules of civil procedure and other rules of practice and	1324
procedure applicable to civil actions.	1325

A person who has violated or is violating this chapter or a	1326
rule adopted or an order or term or condition of a permit issued	1327
under it is liable for a civil penalty of not more than two	1328
thousand five hundred dollars for the violation and an additional	1329
civil penalty of not more than five hundred dollars for each day	1330
during which the violation continues. In addition, the person may	1331
be enjoined from continuing the violation.	1332

(B) Any aggrieved person may commence a civil action in a	1333
court of competent jurisdiction to compel a person to comply with	1334
this chapter if that person made a withdrawal, consumptive use, or	1335
diversion that is prohibited under this chapter or failed to	1336
obtain a permit for a withdrawal or consumptive use under this	1337
chapter. Not later than sixty days before commencing the action,	1338
the aggrieved person shall provide notice to the chief, the great	1339
lakes-st. Lawrence river basin water resources compact council,	1340
and the person alleged to be in noncompliance. No civil action may	1341
be taken if the chief or the council has commenced and is	1342
diligently pursuing appropriate enforcement actions to compel	1343
compliance. The prevailing or substantially prevailing party may	1344
recover the costs of litigation, including reasonable attorney and	1345
expert witness fees, whenever the court determines that such an	1346
award is appropriate.	1347

Sec. 1522.99.  A person who knowingly files a false report	1348
that is required under this chapter or otherwise submits to the	1349
chief of the division of soil and water resources a document	1350
pursuant to this chapter that contains false information is guilty	1351
of a misdemeanor of the fourth degree.	1352

Section 2.  That existing sections 1501.30, 1501.32, 1501.33,	1353
1521.01, 1521.04, 1521.16, 1522.03, and 1522.05 of the Revised	1354
Code are hereby repealed.	1355