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Show 690 TENNESSEE rules governing the waters of a surface watercourse. Percolating ground waters are governed by the doctrine of correlative rights. Tennessee was admitted into the Union in 1796, but the State constitution contains no provisions directly relating to the ownership and use of water. Although there has been very little legislation in Tennessee dealing with water right matters, in recent years some statutes have been enacted. There is no State administrative control over water rights or water use, nor is there any legislative adoption of a State water resource policy.1 2. State Organizational Structure for Water Administration and Control 2.1 Administration of Water Bights As pointed out above, Tennessee is basically without State ad- ministrative control in the field of water rights. The definition of the individual rights to the use of waters in a watercourse has been a matter of judicial decision under principles of the riparian water rights doctrine.2 Further, there is no State administrative procedure to aid in the distribution of water to the holders of vested rights or to assist in the settlement of water disputes. However, an initial step directed toward greater involvement of the State in water resource development and utilization was taken a few years ago by the creation of a water resource division within the department of conservation. The director-designated as the water engineer-of this division must be qualified by training and experience in the general field of water resources and hydraulics.3 The water engineer is responsible to the commission of conservation for matters pertaining to the conservation, protection, and develop- ment of the water resources of the State, and the continued study of these water resources, looking toward the creation and development of a basic, long-range water resource policy for the State. The engi- neer has been delegated the responsibility to inventory the State's water resources; establish estimates of existing and future water use; propose water control districts if necessary, and make engineer- ing plans for improving the quantity of water supply in such dis- tricts; implement the basic water resource policy of the State by defining the rights of competing users; perform the duties assigned to him relating to the determination of the waters which should be reserved for general public purposes; and recommend plans for pro- posed dams and diversion structures to conserve the water resources of the State.4 This legislation also contains provisions requiring reg- istration with the division of uses in excess of 50,000 gallons of water per day from any source. However, public water systems are exempted from this requirement.5 1 Marquis, Freeman and Heath, The Movement for New Water Rights Laws in the Tennessee Valley States, 23 Tenn. Law Review 797 (1955) ; Comments, Water Bights in Tennessee, 27 Tenn. Law Review 557 (1960). 2 Cow v. Howell, 108 Tenn. 130, 65 S.W. 868 (1901). 3 Tenn. Code Ann., sec. 70-2001. *Tenn. Code Ann., sees. 70-2002, 70-2003. 5 Tenn. Code Ann., sec. 70-2005. |