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Show Chapter 30. NEW JERSEY CONTENTS Page 1. Development of New Jersey Water Law________________________ 497 2. State Organizational Structure for Water Administration and Control__ 498 2.1 Administration of Water Rights_______________________ 498 2.2 Resolution of Water Use Conflicts_____________________ 498 2.3 Other Agencies Having Water Resource Responsibilities_____ 499 3. Surface Waters___________________________________________ 501 3.1 Method of Acquiring Rights_________________________ 501 3.2 Nature and Limit of Rights__________________________ 503 3.3 Changes, Sales, and Transfers________________________ 504 3.4 Loss of Rights____________________________________ 504 3.5 Storage Waters, Artificial Lakes, and Ponds______________ 505 3.6 Springs__________________________________________ 506 3.7 Diffused Surface Waters_____________________________ 506 4. Ground Water____________________________________________ 507 Publications Available________________________________________ 509 DISCUSSION 1. Development of New Jersey Water Law New Jersey has an abundance of water resources by reason of an average annual precipitation in excess of 45 inches.1 Because of the general availability of water, there have been relatively few water user conflicts. However, when disputes have arisen over the right to use surface waters, the New Jersey court has applied the doctrine of riparian rights as the basic water law of the State.2 With respect to ground water, New Jersey originally adhered to the "doctrine of abso- lute ownership" 3 but has since adopted a "rule of reasonable use."4 Many of the water problems in New Jersey have involved disposing of unwanted diffused surface waters and the New Jersey court has now adopted the "rule of reasonableness"5 in determining rights between adjoining landowners even though it earlier followed the "common enemy rule."6 In recent years the State Legislature has recognized the impor- tance of protecting the State's waters and it has adopted rather comprehensive permit systems for both surface watercourses 7 and ground water.8 This permit system is administered by the water policy and supply council. However, the permit system only applies in areas of the State where the council determines that the surface 1 Hanks, Eva H. and John L., The Law of Water in New Jersey: Oroundwater, 24 Rutgers L.R. 621 (1970). "Higgins v. Flemington Water Co., 36 N.J. Eq. 538 (1883). 3 Ocean Grove Camp Meeting Assoe. v. Commissioners of Asoury Park, 40 N.J. Eq. 447, 3 Atl. 168 (1885). * Meeker v. City of East Orange, 77 N.J.L. 623, 74 Atl. 379 (1909). sBowl8by v. Speer, 31 N.J.L. 351 (1865). 6 Armstrong v. Francis Corp., 20 N.J. 320, 120 A. 2d 4 (1956). 7 New Jersey Statutes Annotated, Sections 58 :1-35 et seq. For convenience, the New Jersey Stat. Ann. will hereafter be cited simply by section numbers only. 8 Sec. 58:4A. 497 |
