Ohio § 6101.24
Full text of Ohio Ohio Revised Code § 6101.24, with citation guidance and answers to common questions.
§ 6101.24.
The rights of landowners, municipal corporations, corporations, and other users of
waters to the waters of the conservancy district for domestic use, water supply, industrial
purposes, water power, or for any other purposes are to remain the same as were owned
by them prior to the organization of the district, and to such use as could be made
of such waters if the improvements of the district had not been made. Wherever the improvements made by the district make possible a greater, better,
or more convenient use of, or benefit from, the waters of the district for any purpose,
the right of such greater, better, or more convenient use of, or benefit from, such
waters shall be the property of the district. Such rights may be leased, sold, or assigned by the district in return for reasonable
compensation. If a district has as one of its purposes the provision of water supply, the persons
and public corporations assessed for the cost of building or acquiring properties,
works, and improvements for such purpose shall have priority in the purchase of the
waters made available thereby, and no sale, lease, or assignment shall be made under
this section which will deprive any such person or public corporation without his
or its consent, of the right to purchase and use a share of such water supply proportionate
to the assessments imposed upon him or it for water supply purposes. Where the district is a riparian owner along the streams of the district, it has in
addition the rights which go with riparian ownership. All the rights and property of the district in the waters and watercourses of the
district, and in their uses, shall be exercised in such manner as to promote the welfare
of the district, and of all inhabitants thereof, and to promote the safest and most
economical and reasonable use of the waters thereof, to encourage and promote industries
and agriculture, and to pay the cost of the construction and maintenance of the improvement. Charges for such use shall not be greater than are necessary to accomplish these
purposes. Persons or public corporations desiring to secure such use of the waters or watercourses
of the district, or of the district rights therein, may apply to the board of directors
of the conservancy district for lease, purchase, or permission for such use. Such application shall state the purpose and character of such use, the period and
degree of continuity of such use, the amount of water desired, and the place of use. In case any party makes greater, better, or more convenient use of the waters of
the district without formal application, the fact of such use shall serve all purposes
of an application, and the board may proceed to determine a reasonable rate of compensation
the same as though formal application had been made. Where it is not possible or reasonable to grant all applications, preference shall
be given to the greatest need and to the most reasonable use, as is determined by
the board, subject to the approval of the court. No charge shall be made for the use of water taken by private persons for home and
farmyard use, or for watering stock. The board shall not permanently sell, lease, assign, permit, or otherwise part with
the control by the district of the use of the waters thereof, and rates for light,
power, or other services charged by vendees, assignees, lessees, or licensees of such
board are subject at all times to revision and control by state law. Assignments, leases, sales, or permissions may be made for periods of not greater
than fourteen years, except that, in the case of public corporations desiring to purchase
or use water for public water supply purposes, such assignments, leases, sales, or
permissions may, subject to the approval of the court, be made for periods longer
than fourteen years upon determination by the board that the longer period fixed by
the board is necessary in order to justify and render practical the carrying out of
a long term plan for new or improved public water supply by the assignee, lessee,
vendee, or licensee and that such use of said water during such longer period will
fill the greatest foreseeable need and constitute the most reasonable foreseeable
use during the longer period fixed by the board. At the termination of the period of such assignments, sales, leases, or permissions,
they shall be renewed for a reasonable period not to exceed fourteen years, or the
period of the assignment, sale, lease, or permission then terminating, whichever is
greater, on the condition that a new determination is made of a reasonable charge
therefor, as provided in this section, unless there are other applications on file,
the granting of which would result in filling a greater need or in a more reasonable
use. In case such applications are on file, they shall have preference. The board may determine the rates of compensation for the measurement of the increased,
better, or more convenient use of, or benefit from, the water supply of the district,
for determining rates of compensation, and for securing to all parties interested
the greatest and best use of the water thereof. The board may make regulations for the determination and greater, better, or more
convenient use of, or benefit from, the waters of the district and for the sale of
water made available by the works and improvements built or acquired by the district
for the purpose of water supply, which rates shall be reasonable, and it may require
bond to be given to secure the payment for such use. Upon the determination of any rate, the board shall make a report of its determination
to the court. The court shall thereupon cause notice by summons or publication to be given to
the parties interested, stating that such a determination of rate has been made, that
a hearing before the court will be had thereon on a certain day, and that objection
may be made at such time to such determination of rates. A hearing may be had before the court and objections may be made in the same manner
as in case of the appraisal of benefits. Upon the final determination of the matter by the court, the determination of such
rates of compensation are conclusive and binding for the term and under the conditions
specified in the lease or other agreement. In case of failure of any user to pay for use in the manner specified by order of
the court, the board may compel payment, and may enjoin further use until such payment
is made. The rights under any lease or sale shall not extend to a change of use, or of place,
time, or manner of use, except in so far as is specifically stated in the lease or
other agreement. The compensation for greater, better, or more convenient use of, or benefit from,
the waters of the district may be made by payment according to a unit price per cubic
foot of water used, or by a unit price for theoretical horsepower developed, or in
any other reasonable measurement of value received by reason of the greater, better,
or more convenient use of, or benefit from, the waters of the district. All money received as compensation under this paragraph shall be added to the funds
of the district and used for defraying the expenses thereof. As a basis for assessment of benefits due to a greater, better, or more convenient
use of, or benefit from, the waters of the district, the board may make a determination
of the conditions of the water supply and of the watercourses of the district as they
were before the improvements were made, or as they existed at any subsequent time,
and it may make a determination of all rights, property, easements, or other interests
in the waters, or the watercourses of the district, such determination being based
upon records of greatest and least flow, upon the evidence of use or evidence of legal
rights, and upon any other evidence and records which are available. Upon the completion of such determination, the board shall make its report thereon
to the court. Thereupon notice shall be given of the pendency of said report and a hearing thereon,
which notice and hearing shall conform as nearly as possible to the notice and hearing
on appraisals of benefits and of land to be taken, and the same right of appeal exists. Upon the determination of the matter by the court, its findings are conclusive and
shall be the basis of any future assessment for the use of the waters of the district,
provided that in case any party thereafter establishes in court any right or property
in the waters of the district or the use thereof which has not been adjudicated, the
existence of such right, or the failure to adjudicate it, shall not affect the operation
of this provision nor the findings of the court thereon in any other particular. The rights of the district to the waters of the district, or the use thereof, or to
the land within the district and owned by it, shall not be lost by the district by
prescription or by adverse possession. Except in the case of benefits derived from the properties, works, and improvements
acquired or constructed for the purpose of water supply, the appraisal of benefits
made by the board of appraisers of the district shall not include benefits for such
greater, better, or more convenient use of, or benefit from, the waters of the district,
but the compensation for such use or benefits shall be made according to this section.
Frequently Asked Questions About Ohio § 6101.24
What does Ohio Revised Code § 6101.24 cover?
Section 6101.24 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 6101.24?
A common citation format is "Ohio Revised Code § 6101.24" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 6101.24 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.