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Show 570 NORTH CAROLINA must be obtained. The principal limitation is that permits are re- quired only for appropriations in excess of 100,000 gallons per day for any purpose. If the application involves more than this amount of water but is for a nonconsumptive use, the permit shall be issued by the board without a hearing. The applicant may, however, be required to present such facts as will enable the board to maintain adequate records of all water uses within the capacity use area. Where a consumptive use of water is indicated in the application, the appli- cation may be denied by the board if the proposed use is found to be contrary to the "public interest."22 Permits are granted subject to modification or revocation on 60-days' written notice to the per- mittees. Details relating to notice and hearing are described in sec- tion 3.1, infra. From the above description of the permit system, it is apparent that it is critical whether the proposed use involves a consumptive or nonconsumptive use. The latter is defined as follows23 (and all other uses are regarded as consumptive) : (1) The return of surface water to the stream without substantial diminution in quantity "at or near the point from which it was taken;" (2) the return of ground water to an aquifer without substantial diminution in quantity or substantial impairment of the quality "at or near the point from which it was withdrawn;" and (3) in determining whether the use of ground water is consumptive, the board may take into considera- tion whether other water users in the area who are injured by the reduction of water pressure are adequately compensated by the per- mit applicant. The duration and transferability of water permits are discussed in section 3.3, infra. The act also provides that it shall not be construed as changing or modifying "existing common or statutory law with respect to the relative rights of riparian owners concerning the use of surface water in this State." 24 It is not known whether "existing" riparian rights include only those which were in actual use at the effective date of the act (June 27,1967), since there have been no cases construing the new statute. Also, it would seem that the statute has no application to diffused surface water. It should be noted that preexisting rights in ground water are not specifically preserved by the statute. In addition to the Water Use Act, described above, the 1967 gen- eral assembly also passed the Dam Safety Law.25 The department of water and air resources is charged with the responsibility of certi- fying the construction of new dams or any repair, alteration, or re- moval of a dam, and of inspecting dams in the interest of public health, safety, and welfare in order: (1) To reduce risk of failure of such dams; (2) to prevent injuries to persons, damage to prop- erty, and loss of reservoir storage; and (3) to insure maintenance of a streamflow below such dams of adequate quantity and quality. Dams excluded from the provisions of the act include any dam con- structed by the U.S. Corps of Engineers, the Tennessee Valley Authority, or any other Federal department or agency; any dam or flood retarding structure constructed with the financial assistance of 22 Sec. 143-215.15 (c). *»Secs. 143-215.21(3) and 143-215.21(5). 24 Sec. 143-215.22. 28 Sees. 143-215.23 to 143-215.37. |
