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Show 190 DELAWARE ernor's alternate on the Delaware Eiver Basin Commission and the State geologist are ex-officio members but are not entitled to vote.32 The 1970 act transferred many of the functions of the commission to the division of environmental control within the department of natural resources.33 The division of responsibilities between the two agencies is somewhat confusing. One clear result is that submerged and subaqueous lands remain under the jurisdiction of the commis- sion.34 With respect to basic procedures, the commission has become an appellate administrative agency with power to review decisions of the department and "reverse or affirm, wholly or partly, or may modify, the order or action of the department." 35 The commission's decisions may be appealed to the courts. But as an administrative matter the separation of functions seems largely confused. With respect to water use, for example, it appears that the division has jurisdiction to license well drillers,36 but the commission seems to have the responsibility for examining appli- cants to determine whether they are qualified to be licensed.37 Further, the commission has responsibility for preparing a statewide water plan 38 and for adopting rules and regulations to control all uses of surface and ground water;39 but, on the other hand, the department determines and approves the allocation of water to various uses.40 Further still, with respect to water pollution, the department has assumed all functions of the commission except issuance of orders requiring polluters to take "reasonable and practicable" steps to abate pollution.41 This seems inconsistent with other provisions which make the commission an appellate agency.42 It may be that any confusion or apparent contradictions in the statutes can be resolved as a practical matter by virtue of the com- mission's superior power to reverse or modify any "order or action" of the department. It remains unclear whether the administrative regulations discussed in section 2.1.e, below, have created a satis- factory functional administration for water use in Delaware. d. BASIC REGULATION OF WATER RESOURCES So far as policy is concerned, the statute regulating water use provides that: It is the purpose of this chapter to plan for and regulate the water resources of the State to assure their optimum beneficial use." With respect to the scope of regulation, it is important to empha- size that the act extends to all surface watercourses and to all under- ground sources, and also to all dams, diversions, waterway obstuc- tions, and underground wells-although there are a number of ex- 82 Sec. 7-6002 (b). 33 Sec. 29-8013(1). »* Id. 36 Sec. 29-8013(2). 3« Sec. 29-8013(1) ; 7-6021, and 7-6022. *> Sec. 7-6023. »8 Sec. 7-6104 (a) (1). 88 Sec. 7-6104 (a) (2). «Sec. 7-6104 (b)(3). « Sec. 29-8013(1) and 7-6303(4). 42 Sec. 29-8013(2) and 7-6008. ?3 Sec. 7-6101. |