(A) Any
person desiring to take, divert, or otherwise make use of water for commercial,
industrial, agricultural, fire protection, hydroelectric power generation, or
public water supply use from a canal or canal reservoir shall first submit a
request in writing to the division which
shall
include
includes the following:
(1) The name, address, and telephone number
of the applicant;
(2) The name of
the appropriate contact person;
(3)
The location(s) of the proposed withdrawal, diversion, or use;
(4) The intended purpose of the withdrawal,
diversion, or use;
(5) The
estimated quantity of water to be used annually;
(6) A description of the method of
withdrawal;
(7) A description of
the type of metering system to measure or method used to estimate withdrawal
amounts.
(B) The chief
shall
will
consult with all affected divisions in the department on all requests pursuant
to paragraph (A) of this rule.
(C)
Within thirty days from the date of receipt of a written request pursuant to
paragraph (A) of this rule to withdraw water from a canal or canal reservoir,
the director
shall
will do one of the following:
(1) Notify the applicant that the request for
a lease or sale is approved or denied, and if denied, the reason for denial;
or
(2) Notify the applicant of any
modification or additional information needed to evaluate the request for a
lease.
(D) The rate for
the cost for water for commercial, industrial, agricultural, hydroelectric
power generation, and public water supply uses
shall
will be
determined by the following formula:
C = 500 + 250 (M-1) .75 C equals the annual
cost in dollars and M equals the number of million gallon units of water
(E) Any lease agreement granted by
the director for fire protection
shall
will be granted without cost for water to the
lessee.
All capital operation and maintenance cost
associated with the project shall be the responsibility of the
applicant
The applicant assumes all legal and
financial responsibilities for any capital operations and maintenance costs
associated with such project.
(F) "Escalator clause" - the lease rate as
provided for in paragraph (D) of this rule,
shall
will be
recalculated every five years beginning on the first day of July following the
fifth anniversary of the effective date of this rule and any increase
shall
will be
at the same rate of increase as the "National Consumers Price Index" (C.P.I.).
The annual base rate for calculation purposes
shall
will be the
rate established by the U.S. department of labor for the city of Cleveland,
Ohio, urban, all categories (C.P.I.U.) for November, 2001. That annual base
rate is 172.3. The new rate
shall
will be the most recent C.P.I.U. annual rate
established to the nearest month prior to the date of recalculation by the U.S
department of labor. Once the new annual rate has been determined and the
amount of increase has been calculated, then the new annual rate
shall
will
become the base annual rate for calculation purposes for the next five year
period of time. This change in rates
shall
will continue until such time as the C.P.I.U. is
no longer used or the director determines that another method may be more
accurate. The lease rate percentage increase
shall
will be
established in the following
manner:
The base annual rate shall
will be subtracted from the new annual rate, the
base rate shall
will be divided into the difference between the base
rate and the new rate and the answer will be the percentage of increase or
decrease over that five year period of time:
example: new rate (nr) 176.3 - base rate (br) 172.3 =
difference (df) 4.0
(df) 4.0 / (br) 172.3 = .0232 or 2.32 percent increase
current lease rate: $10,000.00 x .0232 increase = $232.00 new
lease rate: $10,232.00
At no time shall
will the lease rate charged in any lease written
by the state of Ohio pursuant to section
1520.03 of the Revised Code or
by these rules be lowered.
Should the United States department of labor discontinue the
use of C.P.I. the director shall
will select as nearly compatible a statistical
formula on the purchasing power of the consumer dollar as is then available and
published in some responsible governmental publication.
(G) Any lease or sale agreement granted under
this rule
shall
will be valid for a period of time as determined by
the director but
shall not
will not exceed twenty-five years.
(H) Any person holding a lease or sale
agreement shall permit agents, employees, or other representatives of the
director to inspect any pump hookups, intake structures, or records that are
required under this chapter of the Administrative Code at any reasonable
time.
(I) The withdrawal of water
from a canal or canal reservoir at a location other than that specified in a
person's lease or sale agreement or for a use other than that specified in the
agreement
shall
will be considered an unauthorized withdrawal of water
under section
1520.03 of the Revised Code. Any
unauthorized withdrawal
shall
will be sufficient cause for the director to
terminate the agreement.
