§ 64-1-1101 — Creation - Purpose

(a) 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. (b) 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: (1) 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; (2) 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; (3) Facilitate the proper interaction of private activities adjacent to or affecting public waters that may be negatively affecting those waters; and (4) 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. (c) 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. (d) 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. (e) 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. (f) 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.

Legislative History

Amended by 2020 Tenn. Acts, ch. 667, s 4, eff. 4/2/2020. Acts 1996, ch. 890, § 2; 2003 , ch. 199, §§ 1, 2; 2007 , ch. 569, § 1.