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Show 194 DELAWARE This is to be accomplished by safeguarding: the quality of State waters against pollution by (1) preventing new pollution in such waters and (2) controlling any existing pollution.68 The statute defines "industrial wastes,"57 "other wastes,"58 and "sewage." 59 "Pollution" is defined to mean: noxious and deleterious substances rendering unclean the waters of the State to the extent of being harmful or inimical to the public health, or to animal or acquatic life, or to the use of such waters for domestic water supply, industrial purposes,80 recreation, or other legitimate and necessary uses. The waters to be protected are inclusive, both surface and under- ground : "Waters" means public waters including lakes, bays, sounds, ponds, em- pounding [sic] reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the ocean within the territorial limits of the State, and all other bodies of surface or underground water, natural or artificial, inland or coastal, fresh or salt, within the jurisdiction of this State.81 The powers and duties conferred by statute to control pollution are rather typical, including authority to make studies and investi- gations relating to the practical and economic factors involved in the treatment of polluting substances; authority to adopt rules and regulations to implement quality control programs; authority to issue orders of abatement, after notice and hearing; authority to review and approve plans for the installation of systems and devices for handling, treating, or disposing of wastes; and authority to enter into "arrangements" with other States and the Federal Government for the purpose of controlling pollution of interstate streams and "other waters." 62 The action contains no specific directions or re- quirements with respect to the establishment of water quality stand- ards or the classification of streams or other waters. More distinctive, however, is the bifurcated administration and jurisdiction over water pollution control, as divided between the department and commission, and as explained above. 2.2 Resolution of Water Use Conflicts So far as riparian rights are concerned, there is no administrative machinery in Delaware to aid in resolving conflicts or disputes be- tween riparian water uses. Those disputes, and there have been rela- tively few, have been resolved by the courts on a case-by-case basis. With respect to permit rights, it is conceivable that the department could play a role in resolving water user conflicts (e.g., permits may be terminated if the water use is no longer reasonably beneficial, and water use may be reduced during emergencies), but there are no statutory provisions designed to resolve conflicts. 2.3 Other Agencies Having Water Resource Responsibilities In Delaware, as in other states, there are numerous statutes which authorize the creation of certain districts or other public entities 68 Sec. 7-6301 (b). w Sec. 7-6302(a). 58 Sec. 7-6302 (b). 68 Sec. 7-6302 (d). "o Sec. 7-6302 (c). 61 Sec. 7-6302 (e). 62 See, generally sec. 7-6303. |