| OCR Text |
Show 726 GROUND WATER RIGHTS IN SELECTED STATES No State or local governmental agency may enforce any ordinance, rule, or regulation affecting the use of ground water from a designated ground water area, whether promulgated before or after June 12, 1959, without the Board's approval. Moreover, no State or local governmental agency or other person having the power of eminent domain or condemnation may thereby take any rights to ground water from designated areas without written consent of the Board.252 At its discretion the Board may: (1) make investigations through the Attor- ney General, to determine any actual or pending violation of the statute or any rule, regulation, or order of the Board, or to aid in enforcing them; (2) require or permit any person to file a statement concerning the matter; and (3) publish information concerning an investigation.353 The Board may invoke a court action to enjoin a probable violation of the statute or of any Board rule, regulation, or order. On proper showing, the court must grant appropriate relief.254 Domestic uses of ground water, within or outside a designated area, being made on June 12, 1959, may be continued and new ones initiated thereafter, without certification of use or application for a permit .2S5 Reports required by the Board must be filed.256 Domestic uses are subject to the Board's water shortage and emergency powers.257 New domestic uses may be initiated without regard to whether the taking reduces the water supply or any preserved use or use made pursuant to permit. But, to make sufficient water available for domestic use, no person making a domestic use may initiate a court action to compel reduction of any preserved use or use made pursuant to a permit granted prior to initiation of that do- mestic use.258 Other existing uses, in addition to domestic uses, are also preserved. The direct withdrawal of water from a designated area for a lawful, beneficial use other than domestic use, (1) being made on the effective date of designation, hearings, and proceedings. For such purposes, and for forms and orders, the Board may classify uses, sources, methods of developments, and other related matters within its jurisdiction, and prescribe different requirements therefor. Id. § 177-7. The act contains detailed provisions for the conduct of hearings. Any person aggrieved by an order or decision of the Board may appeal to the circuit court. Id. § § 177-11 and-12. 2"/d. § 177-8. 2S3Id. § 177-9. 254Id. § 177-10. 2ssId. § 177-13. Domestic use is defined as use of water (1) by an individual, family unit, or household for drinking, cooking, laundering, and sanitation; (2) by stock for operat- ing a farm; (3) for family or household food; or (4) for irrigation of lawn or garden not more than one-half acre in area. Id. § 177-2(4). 254Id. § 177-13. 257/tf. § 177-14, referring to §§ 177-33 and-34. 2i'Id. § 177-13. |
