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Show 24 ORGANIZATION ticular contestants, and the basis for the determination is the peculiar set of facts and circumstances which exist between the parties-and these facts and circumstances are therefore determined on a case-by- case basis. The courts also play an important role in resolving appropria- tion water disputes, apart from statutory adjudications. Litigation frequently arises before stream systems are adjudicated under statu- tory proceedings; and when such general adjudications have taken place, courts are often called upon to interpret provisions of those decrees, or to determine the validity of decreed rights (e.g., whether rights have been lost through nonuse since entry of the decree). 2.3 Other Agencies Having Water Resource Responsibilities a. Agencies at the State Level (1) SUPERVISING AGENCIES A number of States, especially in recent years, have created some form of a "Department of Natural Resources" to provide for ad- ministrative control and coordination among those agencies which are charged with the responsibility of administering the State's statutes dealing with natural resources. The powers and duties of this type of department vary among the States, but most statutes confer authority to require administrative cooperation between the agencies and, in some instances, to exercise budgetary control over the various divisions within the department. However, the depart- ment ordinarily is not given authority to substitute its judgment for that of a particular agency in matters of resource regulation or management. For example, the department would not be able to override the decision of the State engineer in acting upon an appli- cation to appropriate water. (2) WATER RESOURCE AGENCIES In addition to the regulatory agencies which have control over the general appropriation and administration of water rights, many States have created water resource agencies to carry out other State policies and programs. The scope of such an agency's duties and re- sponsibilities will depend upon the policy which the legislature de- sires to implement. For example, in the Eastern United States where water is plentiful it is more common to find agencies which deal with such matters as drainage, flood control, and water impoundment projects for stream flow regulation; whereas in the arid West it is more common to find agencies more concerned with water use and development projects. It is not feasible to inventory the range and types of State agencies which exist, but the major agencies within any particular State will be identified in the in- dividual State digests contained in part II of this volume. Virtually every State has a water resources officer, board or com- mission which is assigned the responsibility of formulating a State water plan. This planning effort includes the preparation of an in- ventory of the available water supply and an evaluation of present |