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Show 582 NORTH DAKOTA the court in reconciling claims between claimants asserting rights under different decrees.20 2.2 Resolution of Water Use Conflicts Conflicting claims to the use of water mav^ be resolved in statutory adjudication proceedings. In order to initiate such an action, the State engineer makes a hydrographic survey of the water source and water uses.21 Upon completion of the survey, the information is turned over to the attorney general, who enters suit in behalf of the State. If an action has been initiated by private parties, the attorney general is authorized to intervene in behalf of the State.22 All claim- ants to the stream system being adjudicated are made parties to the action and the costs of the litigation, including the costs of the State, are charged against the users.23 The decree adjudicating the rights of the users shall fully describe each right with respect to priority, quantity of water, purpose, place, and nature of use.24 It appears that the decree is intended to be final and conclusive, although there are no cases expressly so holding.25 The State engineer also plays an important role in resolving water use claims and conflicts, particularly among competing applicants, as explained in the preceding section, and as further discussed in sec- tion 3.2, infra. 2.3 Other Agencies Having Water Resource Responsibilities a. WATER QUALITY CONTROL In 1967, the State water pollution control board was created, con- sisting of 10 members representing various State departments and private interest groups.28 The board has the power and duty to de- velop a comprehensive program for the prevention, control, and abatement of new or existing pollution; to accept and administer loans and grants from the Federal Government; to require the sub- mission of plans and specifications for the construction or extension of disposal systems and to require the proper maintenance and opera- tion of such systems once they are constructed.27 Plans must be ap- proved by the board prior to any construction.28 The board has the power to issue orders prohibiting or abating discharges of wastes into the waters of the State and to require construction of new disposal systems or the modification of existing systems to prevent and control pollution.29 The board may, in conjunction with the State health council and after notice and public hearing, adopt standards of water quality and fix a reasonable time for compliance with these stand- ao Sec. 61-02-42. 21 Sec. 61-03-15. s2 Sec. 61-03-16. 23 Sees. 61-03-17, 61-03-18. 2*Sec. 61-03-19. * Note, 1966 Utah L. Rev. 152, 171-72. *«Sec. 61-28-03. 2*Sec. 61-28-04. 28 Sec. 61-28-06. 29 Sec. 61-28-04. |