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Show 188 DELAWARE The chairmen of the advisory councils to the divisions (seven coun- cils advise the four divisions, as explained above) comprise the Gov- ernor's Council on Natural Resources and Environmental Control.24 The Governor designates a chairman for the Governor's council, and the terms of the members "coincide with the terms for which the members serve as chairmen of their respective councils."25 The Gov- ernor's council: shall advise, recommend, and refer to the secretary of the department matters which in its opinion are of departmental concern and shall consider such other matters as may be referred to it by the Governor or the secretary of the de- partment. The council may also study, research, plan, and advise the secre- tary, and the governor on matters it deems appropriate to enable the depart- ment to function in the best possible manner.26 C. DIVISION OF ENVIRONMENTAL CONTROL AND THE DELAWARE WATER AND AIR RESOURCES COMMISSION The preceding discussion has explained the organization and func- tions of the department of natural resources and environmental con- trol, the divisions within the department, and the advisory councils. The division with the most specific responsibility for water use ad- ministration is the division of environmental control, and it was noted above that the division assumed some of the functions of the Delaware Water and Air Resources Commission. Some, but not all. It is therefore necessary to examine the relationship between the division and the commission. In so doing, it is helpful to remember that the department of natural resources and environmental control (including the division of environmental control) was created in 1970, and that the Delaware Water and Air Resources Commission was created in 1966. In order to avoid continual repetition of these names, the agencies will frequently be referred to simply as the division and the commission in the discussion that follows. The commission was created to administer rather comprehensive water and air use controls which were enacted as part VII of the conservation code, effective July 1, 1966. In essence, this legislation comprised four broad regulatory functions: (1) Water use;27 (2) water pollution;28 (3) air pollution;29 and (4) use of submerged and subaqueous lands.30 Before discussing the organization and function of the commission, it will be useful to quote the legislative policy which prompted enact- ment of the legislation. While this policy statement is rather lengthy, it is extremely important in that it clearly recites the basic goals and objectives which the legislature sought to accomplish; and, with specific reference to water use, the reader will be particularly in- terested in the scope of intended regulation, the repeated emphasis on beneficial use, and the inclusion of recreation and wildlife values as beneficial uses. As an incidental matter, the reference to the De- partment of Natural Resources and Environmental Control in sec- 24 Sec. 29-8015 (b). 25 Sec. 29-8015(c). 28 Sec. 29-8015 (d). 27 Sec. 7-6101 through 7-6106. 28 Sec. 7-6201 through 7-6233. 29 Sec. 7-6301 through 7-6307. 30 Sec. 7-6401 through 7-6459. |
