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Show 692 TENNESSEE mitted at the hearing, the Board enters its decision, which becomes final and binding unless appealed to the courts, as specified in the act. The act also contains provisions allowing the board or the com- missioner to obtain information from persons whose activities are causing or may cause pollution. By way of penalties for pollution, the act contains criminal sanctions and also allows the State to seek damages which have resulted to the State from the acts of any person causing pollution. The commissioner may also seek injunctive relief to prevent the continuance of activities which are causing or threaten to cause pollution.11 In addition to the duties of the water quality control board, the department of public health has been delegated broad power relating to the construction, operation, and maintenance of public water sup- plies and public sewage systems.12 Apart from the statutory pollution control measures discussed above, the Tennessee Supreme Court has held that it is unlawful for a riparian owner to pollute a stream rendering it unfiit for use by a lower riparian owner. A lower user is entitled to recover damages for his injury without regard to how essential the activity is to the pollutor.13 B. ENVIRONMENTAL CONSIDERATIONS The early cases which arose in Tennessee primarily involved con- flicts over the attempted development and utilization of a portion of the waters of a stream, and use of water to provide power for mills was often the cause of conflict between riparian owners. The Tennes- see court has recognized reasonable use of water for manufacturing, domestic, and agricultural purposes.14 Since the riparian doctrine has the effect of keeping water in the watercourse, many of the concerns which have recently developed in the West over instream uses- such as the preservation of fisheries and the protection of the natural stream environment-have not materialized in Tennessee. However, as a related matter, among the duties which may be as- signed to the sanitary engineer is the responsibility of determining which waters should be reserved for general public purposes, includ- ing navigation, sanitation, recreation, maintenance of fish and aquatic life, maintenance of unusual scenic features, and other public pur- poses.15 C. OTHER PUBLIC WATER AGENCIES The following organizations are involved in either the control or utilization of water in Tennessee: (1) Drainage and levee districts.16 (2) Watershed districts.17 (3) Water and waterworks companies.18 11 Tenn. Code Ann. sees. 70-331 to 70-342. 12 Tenn. Code Ann. sees. 53-2001 to 53-2041. 13 H. B. Bowling Coal Co. v. Rufiner, 117 Tenn. 180, 100 S.W. 116 (1907). 14 American Association, Inc. v. Eastern Kentucky Land Co., 2 Tenn. ch. app. 132 (1901) Decision Affirmed by Tennessee Supreme Court; Cox v. Houoell. 108 Tenn. 130, 65 S.W. 868 (1901). 15 Tenn. Code Ann. sec. 70-2003 (e). 16 Tenn. Code Ann. sees. 70-701 to 70-1703. "Tenn. Code Ann. sees. 70-1801 to 70-1849. 18 Tenn. Code Ann. sees. 65-2701 to 65-2709. |