V-350 



Part Three 

 Use of Waters 



2.301 - General Powers 



In implementing the water plan the Department may adopt regulations it deems necessary 

 for the optimum development, conservation and utilization of the waters of the State. 



2.302 - Uses by Persons 



(a) No person may use, divert, or appropriate, consumptively or non-consumptively, any 

 of the waters of the State without first securing a permit from the Department pursuant to such 

 regulations as the Department shall prescribe, except that the Department may, by regulation, 

 exempt from the requirements of this Section such uses, diversions or appropriations as it may 

 reasonably find to have a minimal effect on the waters of the State. The Department shall only 

 issue a permit if it determines that the contemplated use, diversion or appropriation is in the 

 publ ic interest as a practicable and efficient uti lization of the waters of the State and will not 

 adversely affect either the water plan or such part or parts thereof which have been odopted. 

 Any person issued a permit which entails the use, diversion or appropriation of tidal waters 

 shall comply with the procedure in Section 3,203 of this act before starting such use, diver- 

 sion or appropriation. 



(b) Permits issued under this Section shall specify the character, location and duration 

 of the use, diversion or appropriation, the methods to be applied in its execution and such 

 other conditions, restrictions or qualifications as the Department deems necessary to insure 

 conformity with the water plan. 



(c) Permits issued pursuant to this Section shall not create any vested rights and may 

 not be sold, assigned or transferred, and do not become appurtenant to land. The Department 

 shall periodically review such permits at least once every five (5) years and may revise, 

 amend or revoke them in effectuating the comprehensive water plan and the comprehensive 

 plan for the tidal region. 



(d) Any person having a vested right to use, divert or appropriate any water of the State 

 by virtue of prior statute or of common law who is refused a permit to exercise such right or 

 granted a permit with conditions, restrictions or qualifications which derogate such right, may 

 petition a court as provided in Section 5.201 of this act to determine whether the action of the 

 Department is an unreasonable exercise of the police power and therefore constitutes a taking 

 of property without compensation. If the court finds the action of the Department to be a tak- 

 ing of property without compensation the court shall order the Department to issue an appropri- 

 ate permit but the order shall not affect the rights of any other person. 



2.303 - Uses of Governmental Agencies 



No governmental agency may use, divert or appropriate, consumptively or non-consump- 

 tively, any of the waters of the State without first securing the approval of the Department. 

 The Department shall, by regulation, prescribe the procedure to be followed in securing such 

 approval. 



