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Show 186 DELAWARE created the first operational entity with representatives of both State and Federal Governments and which was assigned the task of man- aging water resources on a riven basin basis. 2. State Organizational Structure for Water Administration and Control 2.1 Administration of Water Rights As one might expect, Delaware does not administer riparian water rights in the sense that appropriation rights are administered in the Western States. However, Delaware has enacted a statute which imposes substantial control over water uses initiated after July 1, 1966.2 That act was administered by the Delaware Water and Air Resources Commission until July 1,1970,3 at which time the adminis- trative responsibility was transferred to the newly created division of environmental control,4 a division within the newly created De- partment of Natural Resources and Environmental Control.5 A brief summary of the present organizational structure of the division and department is necessary in order to explain water administration in an accurate perspective. a. DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL The administrative head of the Department of Natural Resources and Environmental Control is the secretary, who is appointed by the Governor with the advice and consent of the senate, and who serves at the pleasure of the Governor.6 There are four basic divisions within the department: (1) division of fish and wildlife; (2) division of parks, recreation, and forestry; (3) division of soil and water con- servation ; and (4) division of environmental control.7 Each division is headed by a director, appointed by the secretary and removed by the secretary "with the written approval of the Governor."8 The division directors "have such powers, duties, and functions" as may be assigned by the secretary."9 The division of fish and wildlife has assumed the duties previously performed by the board of game and fish commissioners and the Delaware Commission of Shell Fisheries, and certain administrative functions for the Atlantic States Marine Fisheries Commission.10 The division of parks, recreation, and forestry has assumed the functions of the State Park Commission of Delaware and part of 2 Sec. 7-6101 et. seq. 8 The effective date of the transfer is not entirely clear. The act implementing the transfer was 57 Del. Laws, ch. 302, and sec. 2 thereof provided that the act would become effective "on the date the Governor signs an executive order stating that he has found it administratively feasible to implement this act or on July 1, 1970, whichever first occurs." It is not clear whether the Governor issued such an executive order prior to July 1, 1970. However, adding further uncertainty is the compiler's note to sec. 29-8001 (the codified sec. of 57 Del. laws, ch. 302), which says that the act took effect July 23, 1970. If this is true, then the statutory declaration of the effective date would not control, and the transfer of functions could not have been effective prior to July 23, 1970. * Sec. 29-8013. 6 Sec. 29-8001. 8 Sec. 29-8002(a). ' Sec. 29-8003. sSec. 29-8003(b). 6 Sec. 29-8003 (b). " Sec. 29-8004. |