Water Authorities

Plain English Breakdown

The bill does not specify how the new counties will be involved in decision-making.

Expanding West Tennessee River Basin Authority

This bill changes the service area of the West Tennessee River Basin Authority to include four additional counties and updates its duties and funding sources.

What This Bill Does

• Adds Perry, Stewart, Houston, and Humphreys counties to the authority's service area.
• Limits the authority’s activities in these new counties to technical assistance, engineering services, and project management support.
• Expands the authority's responsibilities from specific river basins to all river basins within its service area.
• Changes how funds can be raised for the authority's programs to include real property taxes across the entire service area.

Who It Names or Affects

• The West Tennessee River Basin Authority
• Counties within the expanded service area

Terms To Know

Service Area

The geographic region where an authority can operate and provide services.

Technical Assistance

Help provided by experts to solve problems or improve processes.

Limits and Unknowns

• It is unclear if all affected counties will choose to participate in the authority's programs.
• The exact impact on existing river basin authorities and their operations is not detailed.

Official Summary Text

Present law establishes the West Tennessee River basin authority
to preserve the natural flow and function of the Hatchie, Loosahatchie, Obion
,
and Forked Deer River basins
. This bill replaces references to specific river basins with general reference to
the authority's service area.

Under present law, the authority's service area is
Lauderdale, Lake, Dyer, Obion, Madison, Weakley, Henry, Gibson, Carroll, Benton, Decatur, Hardin, Haywood, Crockett, Henderson, Chester, McNairy, Tipton, Fayette,
and
Hardem
an
counties. This bill adds
Perry, Stewart, Houston, and Humphreys counties
to the authority's service area; provided, that
when conducting activities in Perry, Stewart, Houston, or Humphreys county, the authority shall only provide technical assistance,
engineering services, and project management support to such county
.

Present law concerning the West Tennessee River basin authority only applies to counties that elect to participate
upon approval by a majority vote of the respective county legislative
bodies
. The requirement for election to participate in the authority will apply to
Perry, Stewart, Houston,
and
Humphreys count
ies.

Present law tasks the authority with generally
provid
ing
regional and local leadership for the conservation and sustainab
le 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
. This bill instead tasks the authority with
general
ly
provid
ing
regional and local leadership for the
conservation and sustainable utilization of river basins
in its service area
through education, outreach, and science
.

Under present law, the following of the authority's duties are limited to the
Hatchie, Obion
,
and Forked Deer River basins
:

(1)
Inv
estigat
ion of
all water and related resources with regard to flow, hindrances to flow
,
and health of bottomland hardwoods
; and

(2)
Conduct
ing
planning for maintenance and restoration of flow and floodplain dynamics
.

This bill makes the duties described
in (1) and (2) applicable to the authority's entire service area.

In order to accomplish the authority's programs, present law authorizes c
ounty governments to impose taxes
on
all real property lying within the Obion-Forked Deer Rivers basin area waters
heds as situated in the respective counties and drained by the Obion-Forked Deer Rivers and their tributaries.
This bill changes the area that may be taxed to the authority's service area. This bill makes a corresponding change with regard to the body th
at, along with the comptroller of the treasury, co-approves the procedure for determining any remaining funds at the end of a fiscal year from taxes and county appropriations directed to the authority's programs from the
Obion-Forked Deer basin authority
to the West Tennessee River basin authority.

Present law authorizes t
he state to issue bonds
,
in and above direct financing, for the cost of operations of the authority
,
and to enter into agreements with counties to participate in bond financing to comp
lete the program and project in its entirety as projected and planned for the Hatchie, Obion, and Forked Deer River basins by the authority
. This bill removes references to specific river basin authorities to reflect that the authority's program and proje
ct will apply to the service area generally.

Current Bill Text

SENATE BILL 520
By Roberts

HOUSE BILL 220
By Reedy

HB0220
000436
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 64,
Chapter 1, Part 11, relative to the West
Tennessee River Basin Authority.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 64-1-1101(b), is amended by
deleting "Hatchie, Loosahatchie, Obion and Forked Deer River basins" and substituting "river
basins in the authority service area".
SECTION 2. Tennessee Code Annotated, Section 64-1-1101(b)(4), is amended by
deleting "and the creek and river basins that flow through the counties of Benton, Decatur and
Hardin into the Tennessee River" and substituting "through education, outreach, and science".
SECTION 3. Tennessee Code Annotated, Section 64-1-1101, is amended by deleting
subsection (c) and substituting:
(c)
(1) These activities are accomplished in the authority service area that is
composed of Lauderdale, Lake, Dyer, Obion, Madison, Weakley, Henry, Gibson,
Carroll, Benton, Decatur, Hardin, Haywood, Crockett, Henderson, Chester,
McNairy, Tipton, Fayette, Hardeman, Perry, Stewart, Houston, and Humphreys
counties.
(2) Notwithstanding subdivision (c)(1), when conducting activities in
Perry, Stewart, Houston, or Humphreys county, the authority shall only provide
technical assistance, engineering services, and project management support to
such county.

- 2 - 000436

SECTION 4. Tennessee Code Annotated, Section 64-1-1103, is amended by deleting
"Hatchie, Obion and Forked Deer River basins" in subdivisions (7) and (8) and substituting
"authority service area".
SECTION 5. Tennessee Code Annotated, Section 64-1-1103, is amended by deleting
subdivision (16) and substituting:
(16) Obtain funds from county governments for purposes of planning, acquisition
of land and facilities, and construction, operation, management, and maintenance of all
works, facilities, and programs particularly required by such county or counties. County
governments are empowered, but are not required, to impose taxes to accomplish these
programs. Such taxes, if imposed, must be upon all real property lying within the
authority service area as situated in the respective counties, and such tax shall be
imposed on that property determined by the county as benefiting from the works of
improvement and programs of the authority;
SECTION 6. Tennessee Code Annotated, Section 64-1-1103(18), is amended by
deleting "the Obion-Forked Deer basin authority" and substituting "the authority".
SECTION 7. Tennessee Code Annotated, Section 64-1-1104(a)(3), is amended by
deleting "Hatchie, Obion and Forked Deer River basins" and substituting "authority service
area".
SECTION 8. Tennessee Code Annotated, Section 64-1-1104(b), is amended by
deleting "for the Hatchie, Obion, and Forked Deer River basins".
SECTION 9. Tennessee Code Annotated, Section 64-1-1109(a), is amended by
deleting the subsection and substituting:
(a)
(1) This part applies only to the counties of Lauderdale, Lake, Dyer,
Obion, Madison, Weakley, Henry, Gibson, Carroll, Benton, Decatur, Hardin,

- 3 - 000436

Haywood, Crockett, Henderson, Chester, Tipton, Hardeman, Fayette, McNairy,
Houston, Humphreys, Stewart, and Perry, which may, upon approval by a
majority vote of the respective county legislative body, elect to participate in such
programs as set out in this part, except as provided in § 64-1-1101(c)(2).
(2) If such an election is made, this part applies to all counties making
such an election, except as provided in § 64-1-1101(c)(2).
SECTION 10. This act takes effect upon becoming a law, the public welfare requiring it.