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Show 502 NEW JERSEY the council prior to the hearing.58 If no formal objection has been filed with the council, the hearing may be cancelled and the council may determine whether the permit should be granted. Before grant- ing the permit, the council is to determine whether the permit: Is in th public interest; provides for proper and safe construction of all works involved; provides for proper protection of the watershed from contamination; will unduly injure private interests; and whether it will be just and equitable to all persons concerned. Also, consideration should be given to the present and future demands on the water supply.59 If a person has been diverting water prior to the date that the area has been designated as a permit area, the council shall take into consideration the extent to which the prior use of the water was reasonably necessary to meet his needs and shall grant a permit which will meet those reasonable needs prior to the consideration of other demands on the water supply.60 This appears to be the means by which the rights of riparian owners, to the extent of their reasonable uses, are protected.61 A permit may be granted upon such conditions or terms as the council may deem necessary to protect the public interest,62 and when the water is to be diverted for the irrigation of farm crops, the application for the permit must be accompanied by a recommen- dation from the Agricultural Extension Service as to optimum rates of application and total amounts of water required by the crops and soil types involved.63 All permits, except those for nonconsump- tive use, are limited to a definite period which cannot exceed 25 years. In determining the permit period, the council is to take into consideration, among other things, the time required to amortize any capital investment for structures used to divert and utilize the water.64 Permits for the diversion of surface water for private con- sumptive use can only be issued for periods of time where water is available in excess of the average minimum daily flow of the watercourse or the minimum desirable low flow to be determined by the council.65 Permits may not be transferred except upon ap- proval by the council.66 All users diverting surface waters under a permit must pay an annual charge to the State for this right. These charges are fixed by statute and are based on the amount of water diverted or con- sumed.67 New Jersey also regulates the acquisition of new and additional water supplies for public water supply purposes in the State, whether from surface or subsurface sources. Water may not be condemned or acquired in any other manner for a public water supply without first securing permission and approval from the water policy and supply council.68 A written application which includes maps and plans of 68 Sec. 58 :l-39. MSec. 58:1-39. 60 Sec. 58 :l-39. 61 Sec. 58 :l-49. 62 Sec. 58:1-39. 83 Sec. 58:1-43. M Sec. 58 :l-44. 65 Sec. 58:1-40. 80 Sec. 58 :1-41. "Sec. 58:1-46. 08 Sec. 58 :1-17. |
