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Show 384 MASSACHUSETTS sion in private litigation. Thus, to the extent that there has been any administrative control of water rights in Massachusetts, it has been by the court and not the administrative branch of State government. 2.2 Resolution of Water Use Conflicts Since there is no State administrative procedure governing the resolution or settlement of disputes over the right to use water in Massachusetts, water use conflicts between those claiming a right from a common source have been resolved by the courts on a case- by-case basis. The nature and extent of the right of a riparian owner, as announced in various decisions, are discussed in section 3.2, infra. 2.3 Other Agencies Having Water Resource Responsibilities a. WATER QUALITY CONTROL Water quality control is primarily the responsibility of the divi- sion of water pollution control. However, this division is subject to the administrative control of the water resources commission.1 One of the primary responsibilities of the division is the adoption of water quality standards for the various waters of the State in order to protect public health and enhance water quality. These standards must be approved by the commissioner of public health. The division is to adopt a plan for the implementation and enforcement of the water quality standards.2 Anyone discharging or permitting the dis- charge of any matter into the waters of the State in contravention of of the water quality standards is subject to criminal penalties.3 The division of water pollution control also has regulatory respon- sibilities over activities which may pollute the waters of a stream. No person may discharge any sewage or industrial waste into the waters of the State, or construct and operate a disposal system for the dis- posal of sewage or industrial waste without first acquiring a permit from the division.4 The division also regulates the maintenance and operation of sewage disposal systems and pollution abatement facili- ties, and may require that operating records be kept to assist in this regulation.5 The division's regulatory powers extend to the operation of ter- minals for loading or unloading petroleum products from watergoing vessels. A license must be obtained from the division in order to operate such a terminal. The division is empowered to adopt rules and regulations designed to prevent spills of petroleum products into the waters of the State, and may periodically inspect the equipment used in the operation of the terminal.6 Oil terminal operators may be required to maintain a boom capable of encircling the ships and ves- sels as they load or unload at the terminal in order to prevent the escape of any petroleum that may spill.7 Also, any vessel unloading 1 Massachusetts General Laws Annotated, ch. 21, sec. 26. For convenience, the Massa- chusetts statutes will hereafter be cited simply by chapter and section numbers. aCh. 21, sec. 27 (4). s Ch. 21, sec. 42. * Ch. 21, sec. 43. 6 Ch. 21, sec. 45. a Ch. 21, sec. 50. ' Ch. 21, sec. 50A. |