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 Hardeman 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 counties. Present law tasks the authority with generally providing 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. This bill instead tasks the authority with generally providing 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) Investigation of all water and related resources with regard to flow, hindrances to flow, and health of bottomland hardwoods; and (2) Conducting 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 county governments to impose taxes on all real property lying within the Obion-Forked Deer Rivers basin area watersheds 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 that, 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 the 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 complete 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 project will apply to the service area generally.
Statutes affected: Introduced: 64-1-1101(b), 64-1-1101, 64-1-1101(b)(4), 64-1-1103, 64-1-1103(18), 64-1-1104(a)(3), 64-1-1104, 64-1-1104(b), 64-1-1109(a), 64-1-1109