Ohio § 1520.03

§ 1520.03.

(A) The director of natural resources may appropriate real property in accordance with

Chapter 163. of the Revised Code for the purpose of administering this chapter. (B)(1) The director shall operate and maintain all canals and canal reservoirs owned by

the state except those canals that are operated by the Ohio history connection on

July 1, 1989. (2) On behalf of the director, the division of parks and watercraft shall have the care

and control of all canals and canal reservoirs owned by the state, the water in them,

and canal lands and shall protect, operate, and maintain them and keep them in repair.  The chief of the division may remove obstructions from or on them and shall make

any alterations or changes in or to them and construct any feeders, dikes, reservoirs,

dams, locks, or other works, devices, or improvements in or on them that are necessary

in the discharge of the chief's duties. In accordance with Chapter 119. of the Revised Code, the chief may adopt, amend, and

rescind rules that are necessary for the administration of this division. (C) 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

that is required for navigation, recreation, and wildlife purposes.  With the approval of the director, the chief may adopt, amend, and rescind rules

in accordance with Chapter 119. of the Revised Code necessary to administer this division. The withdrawal of water from any canal or canal reservoir for domestic use is exempt

from this division.  However, the director may require water conservation measures for water that is

withdrawn from any canal or canal reservoir for domestic use during drought conditions

or other emergencies declared by the governor. (D) No person shall take or divert water from any canal or canal reservoir operated and

maintained by the director except in accordance with division (C) of this section. (E) At the request of the director, the attorney general may commence a civil action

for civil penalties and injunctions, in a court of common pleas, against any person

who has violated or is violating division (D) of this section.  The court of common pleas in which an action for injunctive relief is filed has

jurisdiction to and shall grant preliminary and permanent injunctive relief upon a

showing that the person against whom the action is brought has violated or is violating

that division. Upon a finding of a violation, the court shall assess a civil penalty of not more

than one thousand dollars for each day of each violation if the violator is an individual

who took or diverted the water in question for residential or agricultural use.  The court shall assess a civil penalty of not more than five thousand dollars for

each day of each violation if the violator is any other person who took or diverted

the water in question for industrial or commercial use excluding agricultural use.  Moneys from civil penalties assessed under this division shall be paid into the

state treasury to the credit of the canal lands fund created in section 1520.05 of the Revised Code . Any action under this division is a civil action, governed by the rules of civil procedure

and other rules of practice and procedure applicable to civil actions. (F) As used in this section, “ person ” means any agency of this state, any political subdivision of this state or of the

United States, or any legal entity defined as a person under section 1.59 of the Revised Code .