| OCR Text |
Show DELAWARE 193 of a governing body serving water, but desiring to obtain water from that governing body, shall likewise secure permission from both the governing body and the Commission where their jurisdictions are in effect. The usufruct shall be in effect until such time as the Commission establishes that it is not being exercised or the use is no longer reasonably beneficial. The allocation may be altered upon request by the permittee, or by the Commission in times of a water emergency. If a water emergency is declared by the Governor, all permittees using a common supply will have their allocations decreased in accordance with the following priority schedule: (i) sustaining life, (ii) main- taining health, (iii) increasing wealth. e. Any nonwasteful use of the surplus water resources of the State shall be considered to be a reasonable beneficial and legal use provided that suf- ficient and adjustable objections by riparian and other property owners are not presented to and accepted by the commission, after public hearing, and no unreasonable damage results. f. The decision of the commission as to whether or not a use will be reasonably beneficial will be based in part on the results of special studies and compliance with the statewide comprehensive master water plan at such time as either or both are available and/or applicable. g. Allocations granted by the commission may be transferred subject to approval by the commission, and the public service commission where its juris- diction is in effect, but until such time as a transfer is authorized, the allocated water may only be put to the use for which a permit was issued at the location specified in the permit. h. Permits issued shall be valid for a period not to exceed 1 year. If con- struction is not started by that time, the permit shall be made void unless a renewal is applied for and granted. Section 2.05 of the Regulations relates to pre existing uses, as follows: The conditions of these regulations shall not be retroactive and any person making a reasonable beneficial use of the water resources or public sub- aqueous lands of the State who has not obtained approval for such use prior to the adoption of these Regulations shall have such use protected and regu- lated in the same manner as any new applicant. f. WATER QUALITY CONTROL It has already been mentioned that jurisdiction and responsibility for pollution control has been transferred from the commission to the department of natural resources, with the exception that the commission is still empowered to: issue special orders after appropriate notice and hearing, directing particular owners, municipalities, and other political entities, to secure, within a specific time, such operating results toward the control of pollution of the waters as may be reasonable and practicable of attainment.54 Bearing in mind that fractured responsibility, the legislative policy is to maintain: a reasonable quality of water consistent with public health and public enjoy- ment thereof, the propagation and protection of fish and wild life, including birds, mammals, and other terrestrial and aquatic life, and the industrial de- velopment of the State.68 64 Sec. 7-6303 (4). One other matter should be noted. Sec. 29-8013(1), which trans- ferred functions from the commission to the department, specifically preserved in the commission only the power conferred by the provision quoted in the text. But the codifica- tion of the statutes seemingly purports to leave with the Commission broader (and thus more overlapping) authority. Specifically, sec. 7-6303(a) provides: "The commission, in regulating water pollution pursuant to this chapter, may issue general orders, and adopt rules and regulations applicable throughout the State for the installation, use and operation of systems, methods, and means for controlling the pol- lution of the waters of the State by sewage, industrial wastes, refuse, and other wastes, after notice and hearing as provided by section 6006 of this title." «5 Sec. 7-6301 (a). |
