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Show UTAH 719 2.3 Other Agencies Having Water Resource Responsibilities A. WATER QUALITY CONTROL In Utah the water pollution control committee is charged with water quality control, and this committee has been delegated broad and comprehensive powers by the Utah Legislature to develop pro- grams for the prevention, control, and abatement of new or existing pollution of the waters of the State.27 Pollution is broadly defined in the act and is declared to be a public nuisance. To assure proper treatment of waste, a permit is required from the committee for the construction of new facilities which will discharge wastes into the waters of the State, or for the modification of existing facilities that result in an increase in the strength or volume of the discharge of wastes into the waters of the State beyond the limits of the exist- ing permit.28 The committee, after notice and hearing, has authority to adopt standards of purity and quality for streams and to classify waters consistent with their most reasonable present and future uses. The committee must announce, and allow a reasonable time for compli- ance with, the classifications or standards which are set. The reclassi- fication of a stream to a higher classification is subject to the ap- proval of the legislature.29 Whenever the committee determines that there are reasonable grounds to believe there has been a violation of the act or a prior order of the committee, the committee, after proper notice, is em- powered to conduct a hearing and order that the violation com- plained of be corrected.30 Decisions of the committee are subject to judicial review by filing a petition in the district court within thirty days.31 The committee may seek an injunction against violators of the act and it is a misdemeanor to violate any provision of the act or order of the committee after notice is received of the order.32 The committee has power over cities in the State to prohibit pollution, but it does not have authority to apply rules which would interfere with the internal operation of the sewer system of a city.33 It should be noted that under the water rights code, the State engi- neer is also authorized to prevent the pollution or contamination of the waters of the State.34 B. ENVIRONMENTAL CONCERN In Utah, as most other Western States, the traditional philosophy of State water law has been to achieve the maximum economic de- velopment and use of the State's limited water supply. However, recent legislation allows the State engineer to reject an application to appropriate water in the public interest if he concludes that it will unreasonably affect public recreation or the natural stream en- 27 Utah Code Ann., sec. Jr 3-14-4. s8 Utah Code Ann., sees: 73-14-2, 73-14-5. 89 Utah Code Ann., sec. 73-14-6. 30 Utah Code Ann., sec. 73-14-7. 31 Utah Code Ann., sec. 73-14-11. 32 Utah Code Ann., sec. 73-14-10. ^State Water Pollution Control Bd. v. Salt Lake City, 6 U. 2d 247, 311 P. 2d 370 (1957). 3* Utah Code Ann., sec. 73-2-1. |