Ohio § 1521.22

§ 1521.22.

(A)(1) No person shall divert more than one hundred thousand gallons per day of any waters

of the state out of the Ohio river watershed to another basin without having a permit

to do so issued by the chief of the division of water resources. (2) An application for such a permit shall be filed with the chief upon such forms as

the chief prescribes.  The application shall state the quantity of water to be diverted, the purpose of

the diversion, the life of the project for which the water is to be diverted, and

such other information as the chief may require by rule.  Each application shall be accompanied by a nonrefundable fee of one thousand dollars,

which shall be credited to the water management fund, which is hereby created. (B) The chief shall not approve a permit application filed under this section if the

chief determines that any of the following applies: (1) During the life of the project for which the water is to be diverted, some or all

of the water to be diverted will be needed for use within the Ohio river watershed. (2) The proposed diversion would endanger the public health, safety, or welfare. (3) The applicant has not demonstrated that the proposed diversion is a reasonable and

beneficial use and is necessary to serve the applicant's present and future needs. (4) The applicant has not demonstrated that reasonable efforts have been made to develop

and conserve water resources in the importing basin and that further development of

those resources would engender overriding, adverse economic, social, or environmental

impacts. (5) The proposed diversion is inconsistent with regional or state water resources plans. (6) The proposed diversion, alone or in combination with other diversions and water losses,

will have a significant adverse impact on in-stream uses or on economic or ecological

aspects of water levels. The chief may hold public hearings upon any application for a permit. (C) The chief shall determine the period for which each permit approved under this section

will be valid and specify the expiration date, but in no case shall a permit be valid

beyond the life of the project as stated in the application. The chief shall establish rules providing for the transfer of permits.  A permit may be transferred on the conditions that the quantity of water diverted

not be increased and that the purpose of the diversion not be changed. (D)(1) Within a time established by rule, the chief shall do one of the following: (a) Notify the applicant that an application the applicant filed under this section is

approved or denied and, if denied, the reason for denial; (b) Notify the applicant of any modification necessary to qualify the application for

approval. (2) Any person who receives notice of a denial or modification under division (D)(1)

of this section is entitled to a hearing under Chapter 119. of the Revised Code if

the person sends a written request for a hearing to the chief within thirty days after

the date on which the notice is mailed or otherwise provided to the applicant. (3) The chief shall issue a permit to an applicant whose application is approved under

this section. (E) The chief shall revoke a permit under this section without a prior hearing if the

chief determines that the quantity of water being diverted exceeds the quantity stated

in the permit application. The chief may suspend a permit if the chief determines that the continued diversion

of water will endanger the public health, safety, or welfare.  Before suspending a permit, the chief shall make a reasonable attempt to notify

the permittee that the chief intends to suspend the permit.  If the attempt fails, notification shall be given as soon as practicable following

the suspension.  Within five days after the suspension, the chief shall provide the permittee an

opportunity to be heard and to present evidence that the continued diversion of water

will not endanger the public health, safety, or welfare. If the chief determines before the expiration date of a suspended permit that the

diversion of water can be resumed without danger to the public health, safety, or

welfare, the chief shall, upon request of the permittee, reinstate the permit. (F) Any six or more residents of this state may petition the chief for an investigation

of a withdrawal of water resources that they allege is in violation of a permit issued

under this section. The petition shall identify the permittee and detail the reasons why the petitioners

believe that grounds exist for the revocation or suspension of the permit under this

section. Upon receipt of the petition, the chief shall send a copy to the permittee and, within

sixty days, make a determination whether grounds exist for revocation or suspension

of the permit under this section. (G) Each permittee shall submit to the chief an annual report containing such information

as the chief may require by rule.