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Show DELAWARE 191 ceptions, to be noted shortly. Two statutory provisions indicate the inclusive nature of the regulation: After July 1, 1966, no increase in the amount of water used shall be made by a Delaware user without prior approval of the Department of Natural Resources and Environmental Control.** The Department of Natural Resources and Environmental Control shall ap- prove all new plans and designs of all impounding and water facilities of all water resources by any State, county, municipal, public, or private water user within the state." ** In addition, the department may require reports from any or all water users within the State, containing information relating to past and present water use and the nature and extent of water facilities.46 Now, the exemptions. Most basic of all is an uncodified provision of the 1966 act which stipulated that all: Acts occuring before the effective date of this act [July 1, 1966] and the rights, duties and interests flowing from them shall be governed by the law in existence at the time this act becomes law.*7 So far as pertinent here, the above provision would seem to pre- serve pre-July 1, 1966 riparian water uses, but would not preserve or protect any other riparian rights not in actual use on or before that date. The extent to which "unused" riparian rights are protected by provisions for minimum stream flows will be noted in section 3.2 below. There are three other basic exemptions: (1) Domestic and agri- cultural uses; (2) constructing dams and impoundments; and (3) extending municipal service through existing facilities. These ex- emptions are rather limited, and they will be discussed in the order listed above. The exemption for domestic and agricultural use extends only to those who supply not more than three families, houses or farms; and then only so long as such use does not contribute to an "emergency" (the act does not define the terms, but it presumably would include water shortage and water quality). More specifically, the statute says that the regulatory provisions "shall not apply to or change the existing law" with respect to: use of water for domestic and agricultural purposes, unless such use contributes to a water emergency, proclaimed as such by the Governor.*8 Domestic and agricultural uses are defined to include: use of water for ordinary household purposes, the watering of farm lands, livestock, poultry and domestic animals, home gardens and lawns. It does not include the use of water by a municipality, water company or any other organization which supplies water, for whatever purpose, to more than 3 families, houses or farms.*9 The general exemption for dams and impoundments applies to a number of circumstances, and they can be summarized in the fol- lowing manner: (1) Any landowner may place a dam across a "gully" on his property, or across a stream which originates on his property, so long as the effect thereof ** Sec. 7-6105(a). « Sec. 7-6104(b)(3). 48 Sec. 7-6104 (b) (5). " 55 Del. laws, ch. 442, sec. 11. *8 Sec. 7-6103(1). « Sec. 7-6102(a). |