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Show 746 VIRGINIA Therefore, while Virginia has not yet enacted a permit system for the administration of water rights, or to facilitate management, planning and project construction, it has recognized a need for some system of effective regulation and management of surface and ground waters. The pertinent observation is that if such a system of regu- lation is adopted in Virginia, it will be a landmark change from the present water laws and institutions, and much of the discussion con- tained in this chapter-which is based on Virginia's water law ex- perience to the present time-will in significant measure be outdated. 2. State Organizational Structure for Water Administration and Control 2.1 Administration of Water Rights As already observed, Virginia has no organizational structure for the administration of water rights. There are controls on water pollution, as discussed in section 2.3 below. 2.2 Resolution of Water Use Conflicts Virginia has no administrative mechanism to resolve conflicts be- tween private riparian water users, and those disputes are resolved by the courts on a case-by-case basis. 2.3 Other Agencies Having Water Resource Responsibilities A. WATER QUALITY CONTROL Water quality is regulated through the State water control board, under the State water control law enacted in 1970.5 The 1970 act repealed and replaced a rather comprehensive water control act which was applicable to all surface and underground waters within the State, and which also had been administered by the State water control board.6 Under the 1970 act State waters are defined to include all water on the surface, and under the ground, wholly or partially within or bordering the State or within its jurisdiction,7 and the statute recites that the policy of the State and the purpose of the act are to: (1) protect existing high quality State Waters and restore all other State waters to such condition of quality that any such waters will permit all reasonable public uses and will support the propagation and growth of all aquatic life, including game fish, which might reasonably be expected to inhabit them, (2) safeguard the clean waters of the State from pollution, (3) prevent any increase in pollution, and (4) reduce existing pollution, in order to provide for the health, safety, and welfare of the citizens of the Commonwealth.8 Pollution is given a broad definition by the act,9 including any contamination of waters which "is not sufficient to cause pollution, but which, in combination with such alteration of or discharge or 6 Section 62.1-44.2 et. seq. 6 Sections 62.1-14 through 62.1-44.1, repealed by the 1970 act. 7 Section 62.1-44.3(4) 8 Section 62.1-44.2 'Section 62.1-44.3(6) |