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Show WEST VIRGINIA 787 or outlet facilities which would cause a deterioration of the quality of the waters of the State. This provision applies to the disposal of wastes from mining operations and the operation of disposal wells. The act specifies the procedure for processing a permit: If it is determined that the application for a permit is not detrimental to the public health and will not cause pollution, a permit shall be issued, but it may be suspended or revoked if the terms and condi- tions of the approval are not complied with.15 If pollution cannot be controlled by voluntary cooperative efforts, the division is authorized to issue orders to stop the pollution or to require the pollutor to take remedial steps. Provision is made to secure compliance with such orders through cpurt proceedings.16 Any person aggrieved by an order of the division may appeal to the water resources board to set aside the order, and the board hears the matter de novo, and after it renders its decision, there may be an appeal to the court for judicial review.17 By way of further enforcement, the division may seek injunctive relief to compel compliance with the provisions of the act, rules, and regulations of the board, or any order of the board or division, and criminal sanctions and penalties are provided. The department of natural resources is entitled to recover damages for loss of game, fish, or aquatic life from persons failing to comply with any duty imposed upon him by the act,18 and the court has ruled that the police power of the State extends to the water quality control meas- ures in the interest of the public health and safety.19 In addition to the foregoing, the division is also responsible for the State water area beautification program, including the enforce- ment of statutory provisions which prohibit the public from litter- ing streams and lakes.20 The department of health, among its other responsibilities, has power to regulate the design of public water systems and sewer sys- tems, and to determine appropriate qualifications for those involved in the operation of these systems.21 Apart from the statutory water pollution control measures re- viewed above, the West Virginia court has ruled that riparian land- owner's water right extends to quality as well as quantity, and that a person is liable for damages for discharging refuse into a stream which is carried onto the land of another and damages his property^; but that when pollution is the result of more than one person and is the result of joint action, no single pollutor is liable for all of the damages.22 B. ENVIRONMENTAL CONCERN The water use conflicts which have developed in West Virginia have principally involved the development or utilization of a portion of the water supply for such purposes as domestic or manufacturing use. No doubt the very nature of the riparian doctrine, which keeps 16 W. Va. Code, sees. 20-5A-5 to 20-5A-8. 19 W. Va. Code, sees. 20-5A-9 to 20-5A-14. 17 W. Va. Code, sees. 20-5A-15, 20-5A-16. 18 W. Va. Code, sees. 20-5A-17 to 20-5A-23. 19 Huntington v. State Water Commission, 137 W. Va. 786, 73 S.B. 2d 833, (1953). 20 W. Va. Code, sees. 20-5-14, 20-5-15. 21W. Va. Code, sec. 16-1-3. 88 Farley v. Crystal Coal & Coke Co., 85 W. Va. 595. 102 S.E. 262 (1920). 499-242-73------51 |