Article 148p. 148

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

All reservoir operations shall be subject to rules and

regulations

issued

by

the

Council

or

any

proper

government agency.

ARTICLE 63. The operator of a dam for the storage of

water

may

be

required

to

employ

an

engineer

possessing

qualifications

prescribed

for

the

proper

operations, maintenance and administration of the dam.

ARTICLE 64. The Council shall approve the manner,

location,

depth,

and

spacing

in

which

borings

for

subterranean or ground water may be made, determine

the requirements for the registration of every boring or

alteration to existing borings as well as other control

measures for the exploitation of subterranean or ground

water

resources,

and

in

coordination

with

the

Professional

Regulation

Commission

prescribe

the

qualifications of those who would drill such borings.

No person shall drill a well without prior permission from

the Council.

ARTICLE

65.

Water

from

one

river

basin

may

be

transferred to another river basin only with approval of

the Council. In considering any request for such transfer,

the Council shall take into account the full costs of the

transfer, the benefits that would accrue to the basin of

origin without the transfer, the benefits would accrue to

the

receiving

basin

on

account

of

the

transfer,

alternative schemes for supplying water to the receiving

basin, and other relevant factors.

CHAPTER VI Conservation and Protection of

Waters and Watersheds and Related Land

Resources

ARTICLE

66.

After

due

notice

and

hearing

when

warranted by circumstances, minimum stream flows for

rivers and streams, and minimum water levels for lakes

may

be

established

by

the

Council

under

such

conditions as may be necessary for the protection of the

environment, control of pollution, navigation, prevention

of salt damage, and general public use.

ARTICLE 67. Any watershed or any area of land adjacent

to any surface water or overlying any ground water may

be declared by the Department of Natural Resources as

protected

area.

Rules

and

regulations

may

be

promulgated by such Department to prohibit or control

such activities by the owners or occupants thereof

within the protected area which may damage or cause

the deterioration of the surface water or ground water or

interfere with the investigation, use, control, protection,

management or administration of such waters.

ARTICLE 68. It shall be the duty of any person in control

of a well to prevent the water from flowing on the

surface of the land, or into any surface water, or any

porous stratum underneath the surface without being

beneficially used.

ARTICLE 69. It shall be the duty of any person in control

of

a

well

containing

water with minerals or other

substances injurious to man, animals, agriculture, and

vegetation to prevent such waters from flowing on the

surface of the land or into any surface water or into any

other aquifer or porous stratum.

ARTICLE 70. No person shall utilize an existing well or

pond or spread waters for recharging subterranean or

ground water supplies without prior permission of the

Council.

ARTICLE 71. To promote better water conservation and

usage for irrigation purposes, the merger of irrigation

associations

and

the

appropriation

of

waters

by

associations

instead

of

by

individuals

shall

be

encouraged.

No water permit shall be granted to an individual when

his water requirement can be supplied through an

irrigation association.

ARTICLE 72. In the consideration of a proposed water

resource project, due regard shall be given to ecological

changes resulting from the construction of the project in

order to balance the needs of development and the

protection of the environment.

ARTICLE 73. The conservation of fish and wildlife shall

receive proper consideration and shall be coordinated

with other features of water resources development

programs to insure that fish and wildlife values receive

equal attention with other project purposes.

ARTICLE 74. Swamps and marshes which are owned by

the State and which have primary value for waterfowl

propagation or other wildlife purposes may be reserved

and

protected

from

drainage

operation

and

development.

ARTICLE 75. No person shall, without prior permission

from the National Pollution Control Commission, build

any works that may produce dangerous or noxious

substances or perform any act which may result in the

introduction of sewage, industrial waste, or any pollutant

into any source of water supply.

Water pollution is the impairment of the quality of water

beyond a certain standard. This standard may vary

according to the use of the water and shall be set by the

National Pollution Control Commission.

ARTICLE 76. The establishment of cemeteries and waste

disposal areas that may affect the source of a water

supply or a reservoir for domestic or municipal use shall

be subject to the rules and regulations promulgated by

the Department of Health.

ARTICLE

77.

Tailings

from

mining

operations

and

sediments from placer mining shall not be dumped into

rivers and waterways without prior permission from the

Council upon recommendation by the National Pollution

Control Commission.

ARTICLE 78. The application of agricultural fertilizers and

pesticides

may

be

prohibited

or

regulated

by

the

National Pollution Control Commission in the areas

where such application may cause pollution of a source

of water supply.

CHAPTER VII Administration of Waters and

Enforcement of the Provisions of This Code

ARTICLE 79. The administration and enforcement of the

provisions of this Code, including the granting of permits

and

the

imposition

of

penalties

for

administrative

violations hereof, are hereby vested in the Council, and

except in regard to those functions which under this

Code are specifically conferred upon other agencies of

the government, the Council is hereby empowered to

make all decisions and determinations provided for in

this Code.

ARTICLE 80. The Council may deputize any official or

agency of the government to perform any of its specific

functions or activities.

ARTICLE 81. The Council shall provide a continuing

program for data collection, research and manpower

development needed for the appropriation, utilization,

© 2018 Compiled by RGL

148 of 244