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Show 572 NORTH CAROLINA b. PERMITS Water permits may be issued subject to such conditions as the board may deem necessary to accomplish the statutory objectives, and in accordance with the regulations of the board. Temporary permits may be granted, even though they may not be consistent with the board's regulations, for the particular capacity use area. All permits are subject to modification or revocation upon not less than 60-days' written notice to the permit holders. In determining whether to grant or deny an application, the board is simply re- quired to act in the "public interest." 32 The duration of a water permit may be for no longer than the longest of the following periods: (1) 10 years, (2) the duration of the existence of the capacity use area, or (3) the period found by the board to be necessary for reasonable amortization of the applicant's water with- drawal or water-using facilities. Permits may also be renewed by complying with the provisions of the section relating to the initial granting of permits.33 A reading of the above paragraph might lead one to conclude that in fact no illuminating standards or guidelines are actually provided in the legislation for the exercise of administrative discre- tion. A special subdivision, however, does set up nine guidelines to be considered by the board in adopting rules and regulations, con- sidering permit applications, and acting on revocations and modi- fications of permits.34 These guidelines are probably applicable also to applications for renewals, although this is not expressly stated in the subdivision. In view of the fact that so many different kinds of administrative action are affected, it seems appropriate to set forth the exact word- ing of these guidelines. The board is required to consider: (1) The number of persons using an aquifer or stream and the object, extent and necessity of their respective withdrawals or uses; (2) The nature and size of the stream or aquifer; (3) The physical and chemical nature of any impairment of the aquifer or stream, adversely affecting its availability or fitness for other water uses (including public use); (4) The probable severity and duration of such impairment under foreseeable conditions; (5) The injury to public health, safety or welfare which would result if such impairment were not prevented or abated; (6) The kinds of businesses or activities to which the various uses are related; (7) The importance and necessity of the uses claimed by permit applicants (under this sec. or of the water uses of the area (under sec. 143-215.14) and the extent of any injury or detriment caused or expected to be caused to other water uses (including public use); (8) Diversion from or reduction of flows in other water courses or aquifers; and (9) Any other relevant factors. Another section of the act defines the Board's discretion in two special situations.35 First, if the applicant is able to prove that he 82 These four limitations are in sec. 143-215.15(c). 83Duration and renewal are in sees. 143-215.16(a) and 143-215.16(b). «* Sec. 143-215.15 (h). 85 Sees. 143-215.16(e), (f), and (g). |
