A Summary-Digest of State Water Laws

UUM_SumDigest_page_568

568 NORTH CAROLINA extent that such withdrawal is permissible under the existing com- mon or statutory law of the State. Nor is the act to be construed as authorizing the districts to "change or modify such existing common or statute law with respect to the relative rights of riparian owners or others concerning the use or disposal of water in streams "of the State." X1 Watershed improvement districts are also authorized,12 and these agencies have power to levy assessments to defray district ex- penses based upon a benefits-received principle. A 1971 amendment provides that watershed improvement districts may not be established after January 1, 1972. Apparently this was enacted to encourage counties to establish watershed improvement programs under other statutory authority, and which may be financed by an ad valorem property tax.13 d. PRIVATE WATER AGENCIES Five or more persons are authorized to associate as a mutual com- pany or cooperative for purposes of irrigation or water distribution.14 3. Surface Waters 3.1 Method of Acquiring Rights 15 In connection with an application for a permit under the Water Use Act for permission to make a consumptive use of water exceed- ing 100,000 gallons per day, the applicant is notified by the board of water and air resources with respect to any action taken on his appli- cation, and he is sent a copy of any permit proposed by the board. The permit becomes final unless a request for a hearing is made within 15 days from the date the notice is served. Notices which the board is required to send must be sent by registered or certified mail. The applicant is entitled to a 30-day notice prior to the hearing, and the hearing is held before one or more board members or one or mor^ employees of the board. The hearing examiner is required to report the evidence and the record to the board for decision. Any decision by the board must be supported by "competent, material and sub- stantial evidence upon consideration of the whole record." Judicial review in the superior court is by a trial de novo. Appeal lies to the State supreme court. Administrative standards for action on appli- cations for permits are considered in section 3.2, infra. 3.2 Nature and Limit of Rights a. BACKGROUND Before discussing the nature and limit of permit and riparian rights to use water, it is advisable to review in a general way the structure and operation of the permit system. Of basic importance is the fact that in 1967 the North Carolina Legislature enacted nine bills relating to the control of water quality and quantity. The quantity control act will be discussed in this sec- "Sec. 139-8(12). "Sees. 139-16 to 139-37. "Sees. 139-39 to 139-47. "Sec. 54-111. 16 Sees. 143-215.15 (c) through (g).