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Show 386 MASSACHUSETTS In order to encourage the abatement of water pollution, the legis- lature has provided for tax exemptions and benefits for owners and operators of pollution abatement facilities.21 Apart from the statutory control over water quality, the individual riparian owner is entitled to receive the waters of a watercourse with- out a material diminution in the quality of the water by other ripar- ian users.22 b. OTHER WATER RESOURCES RESPONSIBILITIES There are several State agencies other than the department of pub- lic health and the division of water pollution control that have im- portant responsibilities relating to the State's water resources. One of these agencies is the department of public works. Before any per- son constructs or materially alters a dam or reservoir in any water- course, a permit must be obtained from the commissioner of the department of public works.23 Also it is necessary to obtain a permit from the department before undertaking any construction, excava- tion or filling in the channel of: (1) Certain designated rivers;24 (2) any river or stream where Federal, State, or municipal funds have been used for channel improvement or flood control;25 or (3) any great pond.26 It is also necessary to get approval from the depart- ment before lowering the water level in any great pond.27 Every dam and reservoir is to be periodically inspected by the commissioner of public works to ensure that the structure is safe.28 If the commissioner determines that any dam or structure is unsafe, he orders the owner to either replace or repair it.29 If the owner does not take the action ordered, the commissioner may have the dam re- moved, or he may have someone else repair it and the owner is re- quired to pay the cost of such action.30 The department is also to undertake projects for the improvement, development, maintenance and protection of tidal and nontidal rivers and streams, great ponds, harbors, and public beaches when it deter- mines that such action is necessary and proper.31 The department also has a number of duties related to maintaining the State's harbors and navigable waterways.32 Another State agency with important water resource responsibility is the division of water resources. The governing body of this divi- sion is the water resources commission, which is made up of the commissioner of natural resources, the commissioner of agriculture, the commissioner of commerce and development, the metropolitan district commissioner, the commissioner of public health, the com- missioner of public works, the director of the division of fisheries and game and four persons appointed by the Governor.33 The water 21 Ch. 59, sec. 85 and ch. 63, sec. 33D. 22 Sprague v. Door, 185 Mass. 10, 69 N.E. 344 (1904) ; Parker v. American Woolen Co., 195 Mass. 591, 81 N.E. 468 (1907). 23 Ch. 253, sec. 44. 2* Ch. 91, 12. 25 Ch. 91, sec. 12A. 28 Ch. 91, 19A. 27 Ch. 91. sec. 19A. 28 Ch. 253, sec. 45. 20 Ch. 253, sec. 46. 80 Ch. 253, sees. 47 and 48. » Ch. 91, sec. 11. 32 See ch. 91, generally, ss Ch. 21, sec. 8. |