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788 WEST VIRGINIA the water in the stream, has served to limit disputes from arising over such instream uses as preservation of the fisheries and recrea- tional purposes. But some stream environment concern has now been demonstrated, witnessed by enactment of the Natural Streams Pres- ervation Act, wherein certain streams in the State are preserved and protected in their free-flowing natural condition.23 C. OTHER AGENCIES AT THE STATE LEVEL In addition to those agencies discussed in some detail above, the following organizations also have certain statewide water resource responsibilities, and should be briefly noted. (1) Department of Natural Resources.-The division of water resources is an agency within the department of natural resources, and the chief of the division is appointed by the director of the de- partment and is accountable and responsible to the director. The department is empowered to develop a long-range comprehensive program for the conservation and development of the natural re- sources of the State. A natural resources commission is also created as an advisory commission to the director of the department.24 The director may request the public authority in charge of the construc- tion of highways, bridges, culverts, or streets to construct slack-water dams in connection with the construction of highways and streets where the construction of such dams is desirable and economically feasible. Such dams may provide reservoirs, ponds, lakes, or other incidental works for the conservation of the water supply of the State. The department is authorized to fund part of the costs of the construction of such projects and, once constructed, the depart- ment is responsible for the maintenance and management of these projects.25 (2) Department of Highways.-In addition to the authority to construct slack-water dams discussed above, this agency may change or divert any nonnavigable stream incidental to the construction or maintenance of a State road.26 (3)_ Public Service Commission.-This agency is charged with certain responsibilities in relation to dam safety. Specifically, the design and proposed construction of dams in excess of 15 feet in height (or 10 feet if the water impounded would cover 10 or more acres) across any stream or watercourse must be approved and de- clared safe by order of the public service commission.27 D. AGENCIES AT THE LOCAL LEVEL The following agencies have certain responsibilities relating to water use, conservation, or disposal: (1) Public service districts for water and sewerage service.28 (2) Drainage districts.29 23 W. Va. Code, sees. 20-5B-1 to 20-5B-17. 2*W. Va. Code, sees. 20-1-3, 20-1-4, 20-1-7, 20-1-12, 20-1-14, 20-1-16, and 20-1-18. 25 W. Va. Code, sees. 20-5-6 to 20-5-13. 28 W. Va. Code, sec. 17-4-35. 27 W. Va. Code, see. 61-3-47. 28 W. Va. Code, sees. 16-13A-1 to 16-13A-25. 29 W. Va. Code, sees. 19-21-1 to 19-21-41. |
