LegalFix

§ 70-5-113. Reelfoot Lake -- Water levels -- Water level management plan.

TN Code § 70-5-113 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(a) As used in this section, unless the context otherwise requires:

(1) “Free” means the flow of water not under control, able to move in any direction, and not held or confined by an artificial gate or structure;

(2) “Lake” means a standing body of open water that occurs in a natural depression fed by one (1) or more streams from which a stream may flow, that occurs due to the widening or natural blockage or cutoff of a river or stream, or that occurs in an isolated natural depression that is not a part of a surface river or stream. “Lake” also includes a standing body of open water created by artificially blocking or restricting the flow of a river or stream;

(3) “Natural ordinary high water mark” means the line on the shore established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the bank, trees, shelving, changes in the character of the soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas;

(4) “Natural ordinary low water mark” means the line that constitutes the usual and common or ordinary stage of the river or lake, when the volume of water is not increased by rains or freshets, nor diminished below such usual stage or volume by long continued drought to extreme low water mark; and

(5) “Navigable” means capable, in the ordinary stage of the water, of navigation ascending and descending, by such vessels as are employed in the ordinary purposes of commerce, whether foreign or inland, and whether steam or sail vessels.

(b) Notwithstanding this section or any law or regulation to the contrary, as first established by the Reelfoot Lake commission of 1925, it is hereby declared that the natural water levels of the navigable stream Reelfoot Lake are as follows:

(1) The natural ordinary low water mark is two hundred eighty-two and four-tenths feet (282.4′) mean sea level, which is also the top of the twenty (20) floodgates at the Reelfoot Lake spillway dam;

(2) The natural full pool level is two hundred eighty-three and six-tenths feet (283.6′) mean sea level; and

(3) The natural ordinary high water mark is two hundred eighty-five feet (285′) mean sea level.

(c) Notwithstanding any law or regulation to the contrary, there is hereby established the water level management plan for Reelfoot Lake. The waters of Reelfoot Lake shall flow freely or naturally across the top of the twenty (20) stoplog gates or floodgates at the Reelfoot Lake spillway dam until the lake reaches an elevation of two hundred eighty-three and six-tenths feet (283.6′) mean sea level. Once the lake exceeds such natural full pool level, the twenty (20) stoplog gates or floodgates at the Reelfoot Lake spillway dam shall be opened to bring the lake back to its natural full pool level of two hundred eighty-three and six-tenths feet (283.6′) mean sea level. In bringing the lake back to its natural full pool level, the Reelfoot Lake Barr fishway, or radial water control spillway, may also be used.

(d) The water management plan established in subsection (c) shall remain in effect until a fifty (50) year comprehensive management plan for Reelfoot Lake is developed by the executive director of the agency and until enactment of such legislation as shall be necessary to implement such management plan.

(e) The general assembly hereby expresses its general approval of the fifty (50) year comprehensive management plan for Reelfoot Lake developed by the executive director as required by subsection (d), and the agency is authorized and directed to promulgate the plan, or a similar fifty (50) year comprehensive management plan, as a rule in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Upon the effective date of such rule, the management plan contained in the rule shall supersede subsection (c) and any other subsections of this section that may be in conflict with the rule.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
§ 70-5-113. Reelfoot Lake -- Water levels -- Water level management plan.