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Show TENNESSEE 691 In addition to the foregoing, the division of geology is authorized to study and assemble data with respect to the water resources of the State.6 Water resource planning is also authorized in conjunction with land use planning by the State planning commission.7 2.2 Resolution of Water Use Conflicts As pointed out above, Tennessee has no State administrative pro- cedures designed to resolve conflicts between water users. Rather, definition of the individual rights and the resolution of water user conflicts have been matters of judicial decision in litigation arising between private individuals. Such actions often take the form of injunctive proceedings to prevent interference with a vested water right, or an action to recover damages for injury or impairment of an individual's water right.8 2.3 Other Agencies Having Water Resource Responsibilities A. WATER QUALITY CONTROL Tennessee recently enacted new water quality control legislation. The act recites that it is the public policy of the State to abate exist- ing pollution and to prevent the future pollution of the waters of the State. Water is defined by the act to include both surface and ground water, whether public or private. A water quality control board is created and empowered to adopt water quality standards and to classify all waters of the State, after notice and hearing. Cri- teria to be considered in adopting any classification are specified in the act. The board is to formulate and adopt a State water quality plan, along with a plan of implementation. Also, the Board may adopt such rules and regulations as it deems necessary to carry out its statutory duties in the prevention, control, and abatement of pollution.9 The chairman of the water quality control board is the commis- sioner of the department of public health. The commissioner, in addition to other responsibilities, is empowered to exercise general supervision and control over the quality of all State waters and to enforce the provisions of the water quality control act plus any rules and regulations promulgated thereunder. Also, he may consult and contract with Federal and State agencies, administer and utilize loans and grants from the Federal Government and the State, or from other sources, for pollution abatement and control. A permit must be obtained from the commissioner before altering the quality of the waters of the State or before constructing and operating treat- ment or outlet facilities which would cause a deterioration of the quality of the waters of the State. Under certain specified statutory conditions, a temporary permit may be issued.10 Provision is made for the board to conduct hearings, after proper notice, relating to violations of the act. Based upon the evidence sub- 9 Term. Code Ann., sec. 11-503. 7 Tenn. Code Ann., sees. 13-101 to 13-114. 8 Ooce v. Howell, 108 Tenn. 130, 65 S.W. 868 (1901) ; Neal v. Henry, 19 Tenn. 17 (1838) ; Webster v. Harris, 111 Tenn. 668, 69 S.W. 782 (1902). 8 Tenn. Code Ann. sees. 70-324 to 70-328. "Tenn. Code Ann. sees. 70-329, 70-330. 499-242-73------45 |