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Show 566 NORTH CAROLINA 2. State Organizational Structure for Water Administration and Control 2.1 Administration of Water Rights North Carolina has a limited administration of water use under permits issued by the board of water and air resources, as discussed at some length in sections 3.1 and 3.2, infra. There is no point in reviewing at this juncture the procedures, rules, and regulations per- taining to the issuance of those permits, but it should be noted that the permit system applies to ground water as well as surface water, requires permits for all water uses in "capacity use areas" if daily withdrawals exceed 100,000 gallons, and disavows any intent to change or alter existing statutory or case law relating to riparian rights in surface streams (although no such disavowal is made with respect to preexisting uses of, or rights in, ground water).4 As will be seen in sections 3.1 and 3.2, and also in 4 as it relates to ground water, the board has authority to promulgate rather wide-ranging regulations in water withdrawal and use under the permits, and may require rather comprehensive reports from the permittees concerning water diversions, withdrawals, and uses. 2.2 Resolution of Water Use Conflicts North Carolina has no administrative machinery for resolving water use disputes or conflicts. Water use permits are issued by the board of water and air resources, as are waste discharge permits, but these permits do not resolve or define water rights. Waste discharge permits may be revoked for violations of the governing statutes or conditions of the permit, as explained in more detail in section 2.3.a, infra. Water use permits may be cancelled upon 60-days' notice to the permittee, apparently for any reason in aid of the public interest. The permittee has, however, a right to a hearing before the board and to appeal its decision to the courts. Apparently no appeals have been taken under this provision, but it is likely that a revocation which is arbitrary or capricious would be set aside by the courts. As a practical matter, water use conflicts arise only between riparian owners, or between permit holders and riparian owners, and these disputes are resolved by the courts on a case-by-case basis. 2.3 Other Agencies Having Water Resource Responsibilities a. WATER QUALITY CONTROL The North Carolina Water and Air Resources Act was adopted in 1967 and subsequently amended in order to comply with Federal water quality legislation.5 It directs the board of water and air re- sources to proceed with a classification of each of the waters of the State sufficiently important to justify classification. Criteria are designated for these classifications, and procedures for notice and public hearings on the classifications are spelled out in the act. Water *Secs. 143-215.15 and 143-215.22. 5 Sec. 143-214.1 and Sees. 143-215.1 to 143-215.10. |
