OCR Text |
Show ORGANIZATION 25 and foreseeable future water demands in the State. The agency, in preparing such a plan, may recommend specific types of develop- ment which it believes to be consistent with the best interests of the State, and may also prepare some brief evaluation of the eco- nomic and engineering feasibility of such development. (3) WATER QUALITY CONTROL AGENCIES Historically, there was very little water quality control by public agencies. The abatement of water pollution was primarily a private matter, affecting only the pollutor and the one claiming damage from the pollution. If an individual believed that his water right was being impaired because of upstream pollution, he could file a lawsuit to recover damages for past injuries suffered and to enjoin the pollutor from future actions which would unreasonably deteri- orate the quality of the stream. Under both the riparian system of water rights and the appropriation doctrine, the courts declared that a water right extended to quality as well as quantity, and only a reasonable deterioration of the quality of the stream was allowed by upstream users. Until relatively recent times, State regulation of water quality was limited to pollution which directly affected or threatened public health, but it became apparent that the public interest in water quality extended beyond considerations of potential disease and death. This resulted in the enactment of water quality acts which were specifically designed to assert broad and comprehensive State regulation over water quality. The water quality control agency is usually created as a division within the State's department of health, since most iStates still consider water pollution as a matter relating primarily to the public health; but the jurisdiction of the water quality control agency usually ex- tends to both surface and underground water and includes a wide range of public values-including not only the traditional economic values of water such as irrigation, domestic, and industrial use, but also for the protection of fish, wildlife, and recreational values. By way of implementing the legislative policy, the water quality control agency is normally directed to formulate a comprehensive water quality control program to prevent future water pollution and also to abate existing sources of contamination. Such a program typically is implemented by adopting standards of quality for various classes of water, and then classifying the watercourses in light of present and potential future uses. Most States provide for a per- mit system to regulate the discharge of waste into waters, covering not only present pollutors but also requiring private individuals and public agencies to submit plans and specifications for any proposed treatment or disposal facility and to obtain a permit from the State before construction can begin. Enforcement of State water quality legislation is pursuant to pro- cedures which require administrative hearings, after notice to an alleged pollutor, with the right of appeal to the courts by any party aggrieved by the decision of the agency. The agency may seek in- junctive relief to enforce its orders, and criminal sanctions are pro- |