§ 45-48-250 — Transfer of Water Prohibited Under Certain Conditions

(a) 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 Marshall 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 Marshall 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.
(b) This section shall be known as the Tennessee River Preservation Act.
(c) 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.
(d)(1) In Marshall County, no water may be withdrawn from the Tennessee River Basin for transfer to any other river basin outside of the Tennessee River Basin in an amount greater than the amount being withdrawn on May 17, 2005.
(2) For the purpose of this section, the amount of the existing transfer of water from the Tennessee River is 150 percent the average daily amount calculated for the highest continuous 90-day period from January 1, 2000, until May 17, 2005.

Legislative History

(Act 2005-176, p. 358, §§ 2-5.)