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Show 488 NEW HAMPSHIRE appropriation States, New Hampshire has established no adminis- trative agencies to regulate the acquisition or transfer of water rights, or to administer water distribution or use. The determination of the nature and extent of an individual's water right as it relates to other uses or rights of use from the same source is a matter of judicial decision, and such rights are measured by the principles of the riparian rights doctrine. 2.2 Resolution of Water Use Conflicts Conflicts which arise among claimants to water in New Hampshire are resolved in the courts on a case-by-case basis, since there is no statutory administrative procedure available to initiate general ad- judications or determinations, or to otherwise resolve or settle water user disputes. 2.3 Other Agencies Having Water Resource Responsibilities a. WATER QUALITY CONTROL The water supply and pollution control commission5 is responsible for water pollution control in New Hampshire. The authority and jurisdiction of the commission extends to the regulation and control of industrial, municipal, and private sources of water pollution.6 The commission assigns various classifications to the surface waters of the State, but the legislature must approve all classifications be- fore they become effective. Where conditions warrant, the commis- sion may recommend a change in an existing classification.7 To avoid undue hardship on existing polluters, the commission is au- thorized to grant a variance which has the effect of delaying com- pliance with an established classification.8 The commission may initiate court action to insure compliance with established stream classifications.9 The commission is authorized to set standards of design and con- struction for wastewater treatment plants. Plans and specifications for these facilities must be approved by the commission prior to con- struction, including sewage disposal systems located on islands.10 Further, the commission is directed to (1) investigate and act upon applications for State and Federal financial aid for the construction of municipal pollution abatement projects, (2) work with other States to eliminate pollution of interstate waters, (3) monitor resi- dual pesticides in waters, and (4) adopt regulations to pre-qualify consulting engineers dealing with water supply and pollution control projects.11 6 New Hampshire Revised Statutes Annotated, sec. 149 :2. The constitutionality of the New Hampshire Water Quality Act was upheld as a valid exercise of the police power of the State, see Shirley v. New Hampshire Water Pollution Comm'n., 100 N.H. 294, 124 A. 2d 189 (1956). 6 New Hampshire Revised Statutes Annotated, sees. 149:4 and 149-A :1. For con- venience, the New Hampshire statutes will hereafter be cited simply by section numbers. i Sees. 149:3, 149:4, 149:6, and 149:7. s Sec. 149:9. »Sec. 149:8. io Sees. 149:4, 148:23a, 148:25, and 149-E :1 to 149-E :8. "Sees. 149:4 and 149-B:1 to 149-B :5. |