Ohio Admin. Code 1501-7-03 - General provisions
(A)
No
It is unlawful
for any person shall
to withdraw, take, or divert water from any canal
or canal reservoir operated and maintained by the director without first
obtaining a lease or sale agreement from the director in accordance with
section 1520.03 of the Revised Code. Any
sale or lease agreement for water from a canal or canal reservoir
shall
will be
administered by the division in accordance with sections
1520.03 and
1521.08 of the Revised
Code.
(B) The withdrawal of water
from any canal or canal reservoir for domestic use is exempt in accordance with
division (C) of section
1520.03 of the Revised Code.
However, the director may require
establish mandatory water conservation measures
for water that is withdrawn from any canal or canal reservoir for domestic use
during drought conditions, or emergencies declared by the governor.
(C) This chapter of the Administrative Code
applies to all waters impounded in any canal reservoir or canal operated and
maintained by the director except the waters of lake Erie and that portion of
streams or rivers used for canal navigation.
(D) The director may sell or lease water from
any canal or canal reservoir that the director operates and maintains only to
the extent that the water is in excess of the quantity
required
necessary for navigation, recreation, and wildlife
purposes, and to the extent that such canal or canal reservoir was designed to
yield a supply of water for a purpose other than recreation or
wildlife.
(E) The quantity of water
that may be sold or leased from a canal reservoir or canal
shall
will be
determined by the division using accepted engineering methods and
practices.
(F) Any water withdrawn
for commercial, industrial, agricultural, hydroelectric power generation, or
public water supply use shall be measured by a metering system or other method
acceptable to the division. All withdrawals as mentioned above shall be
reported to the division on a form provided by the division and within a time
period specified by the division.
(G) The director may restrict water use that
is authorized in lease and sale agreements issued in accordance with section
1520.03 of the Revised Code
during periods of drought, dam or canal embankment emergency, or any other
events that may affect water supplies.
(H)
The director
shall not
No contract or agreement to
sell or lease water from a canal or canal reservoir within any state nature
preserve or state natural area that is owned by the department
will be sanctioned, executed, or otherwise permitted by
the director .
(I) No lease or
sale agreement is necessary for the use of water
from a canal or canal reservoir that is operated and maintained by the director
shall be required for operation of
departmental facilities.
(J)
Except as provided in rule 1501-7-06 of the
Administrative Code, the director shall not sell, lease, or otherwise provide
water to any person from
Waters within
any canal reservoir or canal that was constructed or purchased, wholly or in
part, with funds from hunting or fishing licenses, deer and wild turkey
permits, or trapping permits as provided in sections
1533.15 and
1533.33 of the Revised Code
are excluded from any provisions of this chapter
allowing the director to approve the sale, lease, or other distribution of such
waters, except as specified in rule
1501-7-06 of the Administrative
Code .
Notes
Promulgated Under: 119.03
Statutory Authority: 1501.01, 1520.03
Rule Amplifies: 1520.03
Prior Effective Dates: 03/10/2003
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(A) No It is unlawful for any person shall to withdraw, take, or divert water from any canal or canal reservoir operated and maintained by the director without first obtaining a lease or sale agreement from the director in accordance with section 1520.03 of the Revised Code. Any sale or lease agreement for water from a canal or canal reservoir shall will be administered by the division in accordance with sections 1520.03 and 1521.08 of the Revised Code.
(B) The withdrawal of water from any canal or canal reservoir for domestic use is exempt in accordance with division (C) of section 1520.03 of the Revised Code. However, the director may require establish mandatory water conservation measures for water that is withdrawn from any canal or canal reservoir for domestic use during drought conditions, or emergencies declared by the governor.
(C) This chapter of the Administrative Code applies to all waters impounded in any canal reservoir or canal operated and maintained by the director except the waters of lake Erie and that portion of streams or rivers used for canal navigation.
(D) The director may sell or lease water from any canal or canal reservoir that the director operates and maintains only to the extent that the water is in excess of the quantity required necessary for navigation, recreation, and wildlife purposes, and to the extent that such canal or canal reservoir was designed to yield a supply of water for a purpose other than recreation or wildlife.
(E) The quantity of water that may be sold or leased from a canal reservoir or canal shall will be determined by the division using accepted engineering methods and practices.
(F) Any water withdrawn for commercial, industrial, agricultural, hydroelectric power generation, or public water supply use shall be measured by a metering system or other method acceptable to the division. All withdrawals as mentioned above shall be reported to the division on a form provided by the division and within a time period specified by the division.
(G) The director may restrict water use that is authorized in lease and sale agreements issued in accordance with section 1520.03 of the Revised Code during periods of drought, dam or canal embankment emergency, or any other events that may affect water supplies.
(H) The director shall not No contract or agreement to sell or lease water from a canal or canal reservoir within any state nature preserve or state natural area that is owned by the department will be sanctioned, executed, or otherwise permitted by the director .
(I) No lease or sale agreement is necessary for the use of water from a canal or canal reservoir that is operated and maintained by the director shall be required for operation of departmental facilities.
(J) Except as provided in rule 1501-7-06of the Administrative Code, the director shall not sell, lease, or otherwise provide water to any person from Waters within any canal reservoir or canal that was constructed or purchased, wholly or in part, with funds from hunting or fishing licenses, deer and wild turkey permits, or trapping permits as provided in sections 1533.15 and 1533.33 of the Revised Code are excluded from any provisions of this chapter allowing the director to approve the sale, lease, or other distribution of such waters, except as specified in rule 1501-7-06 of the Administrative Code .
Notes
Promulgated Under: 119.03
Statutory Authority: 1501.01, 1520.03
Rule Amplifies: 1520.03
Prior Effective Dates: 03/10/2003