1522.07 Baseline for diversion, consumptive use, or withdrawal.
1522.07 Baseline for diversion, consumptive use, or withdrawal.
(A)(1) It is the intent of the general assembly that for purposes of establishing the baseline for determining a new or increased diversion, consumptive use, or withdrawal pursuant to Section 4.12.2 of the great lakes-st. Lawrence river basin water resources compact, the amount of each existing diversion, consumptive use, or withdrawal shall be the larger of either of the following:
(a) The applicable limitation specified in a permit issued under section 1501.32, 1501.33, or 1501.34 of the Revised Code or another permit issued by an agency of the state that specifically regulates and limits the amount of a water diversion, consumptive use, or withdrawal;
(b) The physical capacity of the withdrawal system of the applicable facility as of the effective date of the great lakes-st. Lawrence river basin water resources compact.
(2) For purposes of division (A)(1) of this section, both of the following apply:
(a) A wastewater discharge permit issued under Chapter 6111. of the Revised Code or the Federal Water Pollution Control Act as defined in section 6111.01 of the Revised Code shall not be considered a permit that regulates or limits the amount of an existing diversion, consumptive use, or withdrawal.
(b) Approval of a public water supply system under Chapter 6109. of the Revised Code shall not be considered a permit that regulates or limits the amount of an existing diversion, consumptive use, or withdrawal unless the approval contains a specific and legally enforceable limitation on the amount of the diversion, consumptive use, or withdrawal.
(B)(1) It is the understanding and intent of the general assembly that Section 4.11.2 of the great lakes-st. Lawrence river basin water resources compact as enacted in section 1522.01 of the Revised Code shall be interpreted to require that a withdrawal or consumptive use will be implemented so as to ensure that the withdrawal or consumptive use will result in no significant individual or cumulative adverse impacts on the quantity or quality of the waters and water dependent natural resources of either of the following:
(a) The basin considered as a whole;
(b) The applicable source watershed of lake Erie considered as a whole.
(2) In addition, it is the understanding and intent of the general assembly that impacts of a withdrawal or consumptive use on the quantity or quality of waters and water dependent natural resources of more localized areas that affect less than the basin or an applicable source watershed as a whole are to be considered a part of the evaluation of reasonable use as provided in Section 4.11.5 of the compact.
The governor and the governor’s alternate on the great lakes-st. Lawrence river basin water resources council shall advise the council, the other states that are proposed parties to the compact, and the United States congress with respect to the understanding and statement of legislative intent set forth in division (B) of this section and shall inform them that such understanding and intent are a material consideration to the general assembly’s concurrence in the great lakes-st. Lawrence river basin water resources compact. Prior to seeking the consent of the United States congress to the compact, the governor and the governor’s alternate on the council shall actively seek the concurrence of the council and the other state parties to the compact with respect to the understanding and legislative intent set forth in division (B) of this section, and the governor shall report to the general assembly periodically concerning those efforts.
Effective Date: 2008 HB416 12-08-2008