OCR Text |
Show 2 OVERVIEW will be water shortages in localized areas, particularly in arid re- gions. More emphasis will be placed on improving water management to reduce water losses and to encourage reuse, and to assure multiple and sequential use where possible. Use of surface and ground water supplies can be extended by integrated or conjunctive management, whereby the total surface and ground water resource is managed as a unit for optimal conservation and use. Because of these, and many other public concerns in the conserva- tion and use of water, public regulation of water quality and use is now common among the States, and is likely to increase. It must be observed, therefore, that many of the early cases, and some of the later ones, are unreliable guides to the content of water law in the future. Much of the prior law arose from cases involving conflicts between private persons, where the rights of one party were measured against the rights of the other, and judgments were rendered accord- ingly. The public interest often was not represented at all. But the public interest will be represented more and more in the future, in an increasing number of ways, and the historical development of water law must be read in light of present day developments and indicated future trends. 1.2 Administration op Water Rights Rights to use water are regulated and administered on a rather comprehensive basis in most Western States. A State officer, com- monly designated the "State Engineer," keeps records of water use; receives applications for new water uses, reviews them, and registers his approval or disapproval; appoints river commissioners or water masters to supervise the distribution of water in accordance with water rights of record; and institutes court actions to determine and adjudicate both surface and ground water rights for river basins or major sections thereof. Public regulation of water use is not so extensive in the Eastern States, because historically water supply greatly exceeded demand in most places. In recent years, however, scarcity has been experienced and public interest in regulation of water use emerged. Consequently, a numJber of States have adopted or studied the feasibility of water use permits. Regulation of well drillers is now the rule rather than the exception. Water quality controls, to prevent or abate pollution, have been adopted by every State through agencies or boards created by statute. The current trend in the Eastern States is to increase public reg- ulation of both surface and ground water uses, as well as to control water quality. In Western States, past emphasis on water use has been for economic purposes, but there currently is a trend toward providing protection for other types of use, such as fisheries, and scenic and recreational values-and this protection is emerging in the form of public regulation whereby minimum stream flows are established by State agencies, permits are required before natural stream channels can be altered or relocated, and applications for new water withdrawals are to be denied if they would result in unrea- sonable environmental loss or damage. |