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Show 786 WEST VIRGINIA interference with a landowner's water right, or actions to recover damages for injury or impairment of an individual's water right and use, or both.11 In evaluating the initial legislation which created the water re- sources board, the West Virginia court ruled that it conferred no jurisdiction upon the board to adjudicate the rights of two riparian owners to the waters of a watercourse.12 None of the changes which have been made in the act in recent years have purported to alter this situation. 2.3 Other Agencies Having "Water Resource Responsibilities A. WATER QUALITY CONTROL The West Virginia Water Pollution Control Act states that it is the public policy of the State to maintain reasonable standards of purity and quality of water consistent with public health and en- joyment; protection of animal, bird, aquatic, and plant life; and the attraction, development, and maintenance of agriculture, min- ing, manufacturing, and other industry. The act is administered by the division of water resources and the water resources board. The division is empowered to encourage vol- untary cooperation in controlling pollution; cooperate with the Fed- eral Government and other agencies in matters relating to water pollution control; conduct studies and investigations relating to pollution abatement; develop programs for the reduction and con- trol of pollution; enforce the provisions of the act; require the sub- mission of plans and specifications prior to the construction of works which require a permit; and require persons discharging wastes into the waters of the State to supply information relating to the nature of the discharge or waste.13 The water resources board has been delegated the power to co- operate in the negotiation and formulation of interstate compacts for submission to the legislature relating to water pollution control; adopt rules and regulations implementing the act; make investiga- tions and inspections, including entry upon public and private prop- erty to determine if there is compliance with the act and with the rules and regulations of the board or any order issued under the act; and ascertain the need for, and aid in, the establishment of public service districts to control pollution. The board is also au- thorized to adopt water quality standards for the waters of the State in order to protect the public health and welfare, fish and wildlife, and present and future uses of water for domestic, agricultural, industrial, recreational, scenic, and other legitimate beneficial uses, and also to specify a reasonable time for persons to comply with such standards.14 A permit must be obtained before altering the quality of the waters of the State or before constructing and operating treatment ™-Roberts v. Martin, 72 W. Va. 92, 77 S.E. 535 (1913) ; Neal v. Ohio River Railroad Oo., 47 W. Va. 316, 34 S.H. 914 (1899). 12 Halltown Paperboard Co. v. 0. L. Robinson Corp., 150 W. Va. 624, 148 S.B. 2d 721 (1966). 13 West Va. Code, sees. 20-5A-1 to 20-5A-4. UW. Va. Code, sees. 20-5A-3, 20-5A-3A. |
