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Show 784 WEST VIRGINIA waters in a watercourse. Rights to percolating ground water are determined under the reasonable use doctrine or rule, so that each landowner is limited to a reasonable and beneficial use of the supply in order that all landowners may utilize the common supply.3 Under- ground streams versus percolating water may be a distinction with- out a difference in West Virginia water law. The West Virginia court has never recognized or adopted the appropriation doctrine in settling water disputes. Very little legislation has been enacted in West Virginia relative to water right administration and utilization. Even though a divi- sion of water resources and a water resources board have been cre- ated as agencies of the State, and have been delegated certain powers concerning water administration, development, and management, their powers in this regard remain quite limited.4 2. State Organizational Structure for Water Administration and Control 2.1 Administration of Water Rights Since West Virginia has very little State administrative control in the area of water rights, the definition and evaluation of the rights of individual water users have been matters of judicial deci- sion in private litigation under the principles of the riparian water rights doctrine. However, a division of water resources and a water resources board have been created and given certain responsibilities relating to water development, management, and planning. The administrative head of the division of water resources is designated as the chief. The chief is empowered to inventory the water resources of the State, and to undertake studies and formulate comprehensive plans and recommendations for the further develop- ment, protection, and regulation of the State's water resources. Water resources in West Virginia are comprehensively defined to encompass all surface water and ground water. This agency also has authority to advise water users concerning the availability of water resources and the most practicable method of water diversion, use, develop- ment, and conservation. The division may cooperate with Federal and other State agencies in carrying out its programs.5 The West Virginia Legislature also created a water resources board which, among other responsibilities, has authority to enter into compacts with other States concerning West Virginia's portion of any interstate waters, subject to the approval of the legislature. The board may adopt rules and regulations to implement its powers and duties as well as those delegated to the chief of the division of water resources. The board, and members thereof, and the chief are author- ized to enter public or private property to make surveys, investiga- tions, and studies in order to gather facts concerning the water re- sources of the State.6 3 Pence v. Carney, 58 W. Va. 296, 52 S.B. 702 (1902). *West Va. Code, arts. 5, 5A, 5B. 5 West Va. Code, sees. 20-5-1 to 20-5-5. 8 West Va. Code, sec. 20-5-5. |
