Tennessee § 64-1-1101 - Creation — Purpose.

§ 64-1-1101. Creation — Purpose.

There is created and established within the department of environment and conservation, the West Tennessee River basin authority, referred to as the “authority” in this part. The authority is created to preserve the natural flow and function of the Hatchie, Loosahatchie, Obion and Forked Deer River basins through environmentally sensitive stream maintenance. The authority shall also seek to: Maintain or stabilize the function of altered streams and rivers for which the expectation of altered drainage is well established because of agricultural or other land uses and for which the restoration of natural stream or river function is not practicable; Restore, where practicable, in a self-sustaining manner, natural stream and floodplain dynamics and associated environmental and economic benefits; i.e., restore and conserve fisheries and wildlife habitat, wetlands, water quality and naturally or economically productive bottom land hardwood systems; Facilitate the proper interaction of private activities adjacent to or affecting public waters that may be negatively affecting those waters; and In general, provide regional and local leadership for the conservation and sustainable utilization of these river basins and the creek and river basins that flow through the counties of Benton, Decatur and Hardin into the Tennessee River. These activities shall be accomplished in the twenty-county area of West Tennessee comprised of Lauderdale, Lake, Dyer, Obion, Madison, Weakley, Henry, Gibson, Carroll, Benton, Decatur, Hardin, Haywood, Crockett, Henderson, Chester, McNairy, Tipton, Fayette and Hardeman counties. The authority shall be administered in such a way as to maximize the funds spent on actual work on the rivers and minimize administrative costs. As an agency of the state, attached to the department, the authority shall be subject to all laws and regulations applicable to any state department. The authority shall not exercise any broad governmental controls or police powers to regulate land use planning, zoning, subdivision regulations, building codes, or similar powers to regulate land use. Acts 1996, ch. 890, § 2; 2003, ch. 199, §§ 1, 2; 2007, ch. 569, § 1; 2020, ch. 667, § 4. Compiler's Notes. Former part 4, concerning the Obion-Forked Deer River basin authority was repealed by Acts 1996, ch. 890, § 1 and this part enacted in its place, except for §§ 64-1-403 and 64-1-404 , which were transferred to §§ 64-1-1103 and 64-1-1104 , respectively, and amended by that act. The West Tennessee River basin authority, created by this section, terminates June 30, 2028. See §§ 4-29-112 , 4-29-249 . Acts 2003, ch. 199, § 5, provided that no funds shall be obligated or expended pursuant to the act, which amended subsection (b), unless the funds are specifically appropriated by the general appropriations act. Amendments. The 2020 amendment added (f). Effective Dates. Acts 2020, ch. 667, § 5. April 2, 2020. Attorney General Opinions. Responsibility for maintenance of Reelfoot Running Bayou, OAG 04-014, 2004 Tenn. AG LEXIS 14 (2/05/04).