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Show NEW JERSEY 501 lature to supervise and direct the acquisition, construction, and op- eration of a number of water supply projects on behalf of the State. These projects are designed to provide water to meet the growing water needs of the State.46 Both of the agencies have also been directed to conduct studies for the future development of the State's water resources,47 and each has certain responsibilities for the ad- ministration of the State's flood control program.48 3. Surface Waters Surface waters of a watercourse are those waters which flow in a well-defined channel on a regular basis, even thought the flow is not continuous throughout the year.49 3.1 Method of Acquiring Rights In 1963, New Jersey adopted a permit system to control the use of the waters of the State.50 However, the permit system only applies in watersheds designated by the water policy and supply council after a finding that regulation is required for the protection of the interests and rights of the residents of the watershed area.51 In areas not covered by the permit system, the right to use the water of a watercourse is based solely on the riparian rights doctrine. A riparian water right arises by virtue of the ownership of the land adjacent to the watercourse or through which a watercourse flows.52 It seems that a riparian right in New Jersey may not be severed from the riparian land by deed or other instrument of conveyance for use on nonriparian lands53 but it is not clear whether a riparian right may be severed and transferred for use on other riparian lands. However, if no mention is made of the water right in a deed, the water right is transferred as part of the riparian land.54 A riparian right may be transferred involuntarily under the doctrine of adverse use if the person claiming such a right is able to prove all of the necessary elements to establish his adverse claim.55 In areas where the permit system has been implemented, no person may divert or use water from a surface watercourse in excess of 70 gallons per minute for any private use other than reasonable domestic use without first obtaining a permit to do so from the water policy and supply council.56 If the water is to be diverted for a nonconsumptive use the council may grant a permit without a public hearing,57 but if the water is to be used for consumptive purposes, then notice must be published stating that a public hearing will be held and that objections to the permit must be filed with « Sees. 10 :19 and 10 :22. «Sec. 10:22-4. & Earl v. De Hart, 12 N.J. Bq. 280 (1856) ; Kelly v. Dunning, 39 N.J. Eq. 482 (1885). 60 Seca. 58 :l-35 et seq. BlSec. 58:1-36. ™Merrit v. Parker, 1 N.J.L. 460 (1795). ™McGarter v. Hudson County Water Co., 70 N.J. Eq. 695, 65 Atl. 489 (1906). M Sec. 46 :3-16. 55Mayor of Paterson v. East Jersey Water Co., 74 N.J. Eq. 49, 70 Atl. 472 (1908). M Sec. 58 :l-37. B7 Sec. 58 :l-38. |