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Show 348 LOUISIANA 2. State Organizational Structure for Water Administration and Control 2.1 Administration of Water Rights Louisiana has no State structure or system for administering pri- vate water rights. This is understandable, since it appears that most water use is not pursuant to individual rights in the stream but is accomplished through sale and distribution of water by agencies authorized to develop water supplies for various uses. Consequently, these various entities are mentioned, along with their basic purposes and powers, in section 2.3.b, infra, dealing with organizations having water resource functions and responsibilities. 2.2 Resolution of Water Use Conflicts Louisiana appears to have no administrative structure to aid in the resolution of water use conflicts between individual claimants. Water disputes, whether involving conflicting claims of rights to use water, or whether involving activities which impair wells or spring flows, or whether involving rights to drain or obstruct drainage flows, have been resolved by the courts. The major decisions defining the nature and scope of individual water rights are discussed in section 3.2, infra. 2.3 Other Agencies Having Water Resource Responsibilities a. WATER QUALITY CONTROL The Louisiana Stream Control Commission was established in 1940, and the statute (as subsequently amended) authorizes the commission to control pollution of the "waters of the State."5 The latter phrase includes rivers, streams, lakes, and "all other water courses" within the State or on its borders, including the Gulf of Mexico.6 In connection with waste disposal control, the commission may by publication promulgate such rules and regulations as are necessary to carry out its functions. The powers of the commission include: (1) The establishment of pollution standards in relation to the public use to which the waters of the State may be put; (2) the establishment of streamflows; (3) the control of waste discharges; and (4) the pro- hibition of any discharge resulting in pollution "which is unreason- able and against the public interest in view of the existing conditions in the waters of the state."7 In 1970, the Commission was also given the power to make certifi- cations which applicants for Federal licenses or permits are required to provide the appropriate Federal agency under the Federal Water Pollution Control Act of 19T0.8 Legislation in 1970 also revised the criminal penalties for violations and provided for the recovery of 5 Sees. 56:1431 to 1445. See also sec. 38 :216. Similar powers are given to water conser- vation districts. Sec. 38 :2657. For a comment on the Louisiana water pollution control program, see I. Silverstein, Water Pollution in Louisiana: An Attempt at Control, 28 Loyola L. Rev. 734 (1972). 9 iSec. 56 :1433. 7 Sec. 56 :1439. 8 2 La. acts, 1970, act 628, p. 1522. |