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Show 736 VERMONT 2. State Organizational Structure for Water Administration and Control 2.1 Administration of Water Bights Vermont has no organizational structure which governs the acqui- sition, administration, distribution, or transfer of water rights. Be- cause of the private nature of the riparian right, the definition of the extent of an individual's water right as it relates to others having rights in the same water source is a matter of judicial decision under the principles of the riparian rights doctrine. 2.2 Resolution of Water Use Conflicts Water use conflicts among those claiming a right from a common source have been resolved by the courts on a case-by-case basis, since there is no State administrative procedure available for the settle- ment of such disputes. 2.3 Other Agencies Having Water Resource Responsibilities A. WATER QUALITY CONTROL Water quality control is the responsibility of the State water re- sources board.9 The act defines specific classes of water in terms of purpose of use and also assigns a classification to specific bodies of water in the State.10 A water source can be reclassified by the Board in the public interest, after notice and public hearing.11 The board is authorized to manage the waters of the State after classification in order to enforce the classifications which have been established.12 The discharge of wastes into the waters of the State which would reduce the water quality below an established classifi- cation is prohibited, and a permit must be obtained in order to dis- charge wastes into the waters of the State.13 The board may require installation of municipal sewage treatment plants to protect the quality of the ground water or surface waters of the State.14 As a related matter, the department of health has the authority and re- sponsibility to investigate and approve or disapprove municipal and other public water supplies.15 There is an express statutory prohibition against allowing sawmill refuse to be deposited in the waters of the State.16 Orders of the board are subject to judicial review. Criminal penalties are provided for violations of the act or any order of the board.17 Apart from the statutory control over water quality, the individual riparian owner is entitled to have his water right protected in terms of quality as well as quantity. While there is language in some of 8 V.S.A. 10, Sec. 901. The constitutionality of Water Pollution Control Act was uphold as a valid exercise of the police power of the State in Vermont Woolen Corp. v. Wackerman, 122 Vt. 219, 167 A. 2d 533 (1961). 10 V.S.A. 10, Sees. 902, 903. 11 V.S.A. 10, Sec. 903. 12 V.S.A. 10. Sees. 903-908. 53 V.S.A. 10, Sees. 909-912a. "V.S.A. 10, Sec. 920. 15 V.S.A. 10, Sees. 1201 et seq. "V.S.A. 10, Sec. 951. "V.S.A. 18, Sees. 915-918. |
