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Show NEW JERSEY 505 ever, all permits are limited in duration to a period of not to exceed 25 years91 and the right to use water under a permit will be lost at the end of that period if the permit is not renewed. Also, the council may put such conditions on a permit as it deems necessary to protect the public interest and may provide for the loss of the right if these conditions are not complied with.92 Riparian water rights are not subject to loss by forfeiture or non- use. However, a riparian owner's right to use the water may be lost to another under the doctrine of adverse use if the claimant is able to prove an open, notorious, adverse use of the right continuing throughout the prescriptive period.93 3.5 Storage Waters, Artificial Lakes, and Ponds There is some uncertainty concerning the extent to which a riparian owner may obstruct a stream and store water. In one case, the New Jersey court stated that it was an actionable wrong to increase the volume of water naturally flowing in a stream by means of a reservoir,94 and in another situation the court stated that a person is entitled to receive the natural flow of a stream during all seasons of the year.95 However, even though the language of these cases appears to preclude the right to store waters by use of a reservoir-the holding of the court under the facts presented do not go that far. Thus, it is believed that a riparian owner's right to store water would be allowed so long as it is reasonable. The act setting up the permit system in New Jersey provides that none of its provisions are to be construed to prevent the creation of adequate storage and the regulation of the discharge of stored waters to supplement streamflows.96 However, any storage and use of water under a permit is subject to provisions of the act governing permits and the regulations of the council.97 The council has control over the obstruction and storage of waters in a watercourse in addition to those incident to the permit systems. No person, corporation, or public authority may construct or replace a structure within the natural and ordinary high water mark of any stream without first giving notice to the council and complying with such conditions as the council may prescribe.98 Whenever the council determines that public safety so requires, it may, after a hearing, order any person, corporation, or public authority constructing or maintaining a structure within the high watermark of a stream to remove or repair the structure.99 Further, no person may construct a dam in any river or stream which will raise the waters of the stream or river more than 5 feet above their usual mean low-water height without securing the con- sent of the council,100 and obtaining the council's approval of the 91 Sec. 58:1-44. " 82 Sec. 58:1-39. 93 Mayor of Paterson v. East Jersey Water Co., 74 N.J. Eq. 49, 70 Atl. 472 (1908). »*East Jersey Water Go. v. Bigelow, 60 N.J.L. 201; and 38 Atl. 631 (1897). BSCozy Lake Inc. v. Nyoda Girls' Camp Inc., 99 N.J. Eq. 384, 131 Atl. 892 (1925). 96 Sec. 58 :l-45. *> Sees. 58 :l-37 and 58 :l-45. 98 Sec. 58:1-26. 98 Sec. 58:1-26. ™>Sec. 58:4-1. |