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Show NEW JERSEY 503 the proposed development must be filed with the council.69 Upon receiving the application, the council is to give notice that a public hearing will be held on the application and that any objections are to be filed with the council prior to the date specified for the hear- ing.70 The council is to determine whether the plans for the proposed additional water supply: are justified by public necessity; provide for the proper and safe construction of all works involved; provide for the proper protection of the supply from contamination or pro- vide for proper treatment; will unduly injure public or private interests; are just and equitable to the other persons and munici- palities which may be affected thereby.71 If the council makes a favorable determination on these matters, it may approve the plans, subject to any modifications, conditions, or terms it may deem neces- sary to protect the public and private interests.72 Every person, municipality, or other agency diverting waters for public supply purposes must pay the State an annual charge for the waters diverted.73 These charges are fixed by statute and are based on the amount of water diverted.74 3.2 Nature and Limit of Bights Certain aspects of the nature and limit of water rights acquired pursuant to a permit have been set forth in section 3.1, supra. For example, permits are issued for a specific period of time which cannot exceed 25 years,75 and permit users are subject to a statutory charge which is based upon the quantity of water used.76 Also, permit users have been granted certain protection against suits by riparian users 77 (see sec. 2.2, supra). With respect to the nature of riparian rights, the owner of property abutting on a watercourse or through which a watercourse passes, does not have a property in the running water itself, rather he has a right of use. This right is commonly characterized as a usufruc- tuary right.78 It appears that New Jersey has adopted the reasonable use rule of a riparian rights.79 Under this rule, a riparian owner has the right to make a reason- able use of the water as it flows by his land, but his use is subject to the limitation that all other ripariann owners have a coequal right to the stream.80 However, in one case the New Jersey court took a rather narrow view of the use which could be made of a stream and ruled that the pumping of water into a pond on riparian land for bathing and swimming by a large number of invitees ex- 69 Sec. 58 :1-18. 70 Sec. 58:1-19. 71 Sec. 58 :l-20. « Sec. 58 :1-21. 73 Sees. 58:2-1 through 58:2-4. 74 Sees. 2-2 and 2-4. 75 Sec. 58:1-44. 76 Sec. 58:1-46. "Sec. 58:1-49. 78 Society for Establishing Useful Manufactures v. Morris Canal and Banking Co., 1 N..T. Eq. 157 (1830). ™Higgins v. Flemington Water Co., 36 N..T. Eq. 538 (1883). 80 Farrel v. Richards, 30 N.J. Eq. 511 (1879); Higgins v. Flemington Water Co., 36 N.J. Eq. 538 (1883). |