A Summary-Digest of State Water Laws

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498 NEW JERSEY or ground water sources need to be protected. The legislature has also adopted measures for the control of water used for public water supply purposes,9 and regulations governing the diversion or trans- portation of water into other States.10 2. State Organizational Structure for Water Administration and Control 2.1 Administration of Water Rights New Jersey has adopted fairly extensive administrative controls over the acquisition and use of water and water rights. Most of these controls are administered by the water policy and supply council in the division of water policy and supply, which is a division of the department of environmental protection.11 All new water supplies for public water supply purposes, whether from surface or subsurface sources, must be approved by the water policy and supply council,12 and a permit is required from the council before surface waters may be used for private purposes in regulated areas.13 These requirements are discussed in more detail in section 3.1, infra, which deals with the acquisition of rights. Permits from the council are also required before subsurface waters may be diverted and used in some areas of the State14 and the regulation of these permits as well as the regulation of well drillers is discussed in section 4, infra. The construction and maintenance of dams or other structures in a stream or watercourse are also regulated by the council15 and these regulations are reviewed in section 3.5, infra. The water policy and supply council must give written permission before any waters of the State may be diverted or transported into another State.16 Any person or agency desiring to divert water into another State must file a written petition with the council and must supply any plans or documents that the council requires. Any diversions or transportation of waters from New Jersey to another State without the required approval may be enjoined. The United States Supreme Court upheld the State's right to prevent the trans- portation of its waters into another State in the case of McCarter v. Hudson County Water Co.17 2.2 Resolution of Water Use Conflicts New Jersey has no State administrative procedures designed for the express purpose of resolving conflicts between water users. The resolution of water use conflicts and disputes has been a matter of judicial decision in litigation arising between individuals over the right to use water from a common source. However, the statutes 0 Sec. 58 :1. 10 Sec. 58:3-1. 11 Sec. 13 :lA-9, see also sec. 13 :lB-5. 12 Sees. 58 :1-17 et seq. "Sees. 58:1-35 et seq. "Sec. 58:4A. 15 Sees. 58 :l-26 et seq. and 58 :4. 1(1 Sec. 58 :3-l. "209 U.S. 349 (1908).