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Show NORTH CAROLINA 569 tion, and the pollution control program is discussed in section 2.3.a, supra. The new legislation gives the board of water and air resources power to administer a program of water and air pollution control and water resource management. The department of water and air resources acts in an advisory capacity to the board. Both the board and the department are at present nominally under the department of natural and economic resources, although they have retained their original functions and responsibilities. The role of the department of natural and economic resources is purely administrative and re- lates to such matters as unified budgetary procedures, purchasing and other management functions.16 In the area of quality control, the Water Use Act of 1967 " is the most important of the bills enacted. That act, applicable both to surface and ground water,18 is reminiscent of the Maryland legisla- tion applicable to ground water. The act recites that it is the policy of the State to put waters "to beneficial use to the fullest extent to which they are capable, subject to reasonable regulation" 19 in order to con- serve and develop these resources. To that end, the board is authorized to establish "capacity use areas"20 in any area where there is such demand for surface or ground water that regulation is necessary to protect not only the public interest but also the interests and rights of residents or property owners. In establishing capacity use areas, the department of water and air resources acts in an advisory ca- pacity to the board and, after investigation, makes a formal report to the board. Prior to establishing the area, the board must publish notice and hold a public hearing. Any "final" order establishing the capacity use area and delineating its boundaries is subject to modifi- cation or revocation by the board by following a similar procedure as to notice and hearing. Kegulations applicable to the established capacity use area are promulgated by the board. It may require water users in the area to submit reports not more frequently than at 30-day intervals concern- ing the quantity of water used, the sources of the water, and the nature of the use. Provisions may be adopted relating to the timing of withdrawals, protecting other water users in the area, and pro- tecting against or abating salt water encroachments. As to ground water specifically, provisions may be adopted concerning well-spacing and pumping levels and rates. Notice arid a public hearing are re- quired before the regulations are adopted. A separate section speci- fies a number of guidelines to be used by the board in adopting regulations.21 A permit system is then adopted for the use of water in capacity water use areas. The board is first required to establish a date (not more than 6 months) after which permits to use water in these areas "Sec. 143A-119. "Note 3, p. 565. 18 Sec. 143-215.21 contains the following definition of "waters": " 'Waters' shall mean any stream, river, brook, swamp, lake, sound, tidal estuary, bay, creek, reservoir, waterway or any other body or accumulation of water, surface or underground, public or private, natural or artificial, which is contained within, flows through, or borders upon this State or any portion thereof, including those portions of the Atlantic Ocean over which this State has jurisdiction." Whether the definition includes diffused surface waters, see section 3.7, infra. "Sec. 143-211. 80 In Aycock, note 3, at 32. n. 153, there is a list of watersheds which may possibly be classified as capacity use areas. »Sec. 143-215.15 (h). |