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Show 440 MISSOURI 2.2 Resolution of Water Use Conflicts As previously pointed out, Missouri has no State administrative procedure for the resolution of conflicts and disputes between water users. Resolution of water disputes and evaluation of individual rights has been a matter of judicial decision in litigation between private individuals. While water user disputes can, and do, arise in a variety of situations, such actions often take the form of injunctive proceedings to prevent interference with an established water use, or an action to recover damages for injury suffered.16 2.3 Other Agencies Having "Water Resource Responsibilities A. WATER QUALITY CONTROL The primary responsibility for water quality control in Missouri is vested in the water pollution board. The governing act makes it unlawful to pollute the waters of the State, which are broadly defined to encompass rivers, streams, lakes, and other bodies of both surface and ground water that are not entirely confined on an individual's property. Pollution is defined by the act and declared to be a public nuisance which can be abated by the board. It is declared to be the public policy of the State that there should be a water supply for agricultural, industrial, and recreational uses and that it is in the public interest to restore and maintain a reasonable degree of purity in the waters of the State.17 The board is charged with administration and enforcement of the act and is required to prepare a comprehensive plan for the preven- tion and reduction of pollution. The board may conduct surveys, research, and investigations, and adopt rules and regulations to carry out its statutory responsibilities. It may establish and revise standards of water purity after notice and public hearing, and specify the maximum degree of pollution permissible in accordance with the public interest in water supply, conservation of fish, game, and aquatic life, and agricultural, industrial and recreational uses.18 It is necessary to obtain a permit from the water pollution board before constructing or modifying any sewage or waste disposal system which will result in any new or increased pollution of the waters of the State. The board, after receiving plans and specifica- tions, shall determine whether or not the proposed discharge will cause a condition of pollution contrary to the public interest.19 If the board is unsuccessful in obtaining voluntary cooperation in controlling pollution, it may order the pollutor to remedy the situation and allow him a reasonable time to accomplish it. Hearing procedures are provided, before the board, for any person taking exception to any order of the board or any action taken in connection with a permit. Also, any party may obtain judicial review of any final order of the board. The scope of review shall be the same as in equity actions. The board may seek injunctive relief for viola- 19 Dardenne Realty Co. v. Abeken, 232 Mo. app. 945, 106 S.W. 2d 966 (1937) ; Gorrington v. Kalioak, 319 S.W. 2d 888 (St. L. Ct. App. 1959). « Missouri Rev. Stat., sees. 204.010 to 204.030, 204.070. 18 Missouri Rev. Stat., sees. 204.080, 204.090. 19 Missouri Rev. Stat., sees. 204.030, 204.050. |