Alabama § 45-40-250 - Transfer of Water from Tennessee River Basin.

§ 45-40-250. Transfer of Water from Tennessee River Basin.

(a) This section shall apply only in Lawrence County.

(b) The Legislature of the State of Alabama finds the following:

(1) It is in the best interest of the State of Alabama and the people of Lawrence County to protect the Tennessee River and its watershed to promote the beneficial purposes of maintaining a clean drinking water supply, hydroelectric power generation, navigation, industry, agriculture, environmental quality, and recreation.

(2) The Tennessee River has been identified by the people of Alabama and the nation as a unique resource lying in seven states and by Congress through the establishment of a special authority known as the Tennessee Valley Authority (TVA) for the promotion of the best interests of the Tennessee Valley.

(3) That it is in the best interest of the people of the State of Alabama and Lawrence County to protect and preserve the Tennessee River as set forth in this section in the absence of statewide legislation and that the provisions of this section shall remain in effect until statewide legislation addressing interbasin transfers of water becomes effective.

(c) This section shall be known as the Lawrence County Tennessee River Preservation Act.

(d) For the purposes of this section, the term Tennessee River Basin means the entire topographic extent of the watershed of the Tennessee River and all of its tributaries.

(e)(1) In Lawrence County, no water may be withdrawn from the Tennessee River Basin for transfer to any other river basin outside of the Tennessee River Basin in an amount greater than the amount being withdrawn on April 26, 2006.

(2) For the purpose of this section, the amount of the existing transfer of water from the Tennessee River is 150 percent of the average daily amount calculated for the highest continuous 90-day period from January 1, 2000, until April 26, 2006.

(3) Notwithstanding the foregoing, this section shall not affect the West Morgan-East Lawrence Water and Sewer Authority in Lawrence County in the sale of water to water providers who serve customers in Cullman County so long as such providers do not expand their geographic territory or wholesale customers beyond the area they serve on April 26, 2006. Provided, however, that nothing in this section shall be construed to authorize the issuance of a permit by the Alabama Department of Environmental Management, the Tennessee Valley Authority, or any other state or federal authority, and nothing herein shall be considered to authorize the construction of any new pipeline to carry water from the Tennessee River to Cullman County.