393 



Construction of any facility involving naviga^ble waters requiring 

 a permit from the Corps of Engineers is controlled by consultation 

 between the corps and the State agencies involved. Water policy of 

 the State is determined by the State water resources board through 

 a public hearing and determination system involving the public and 

 all State agencies concerned. 



Principal problems existing in the analogous State are in the areas of 

 the need for more coordination of existing activities; resolution of 

 conflicts regarding ownership of estuarine and upland areas; clear 

 statements of ownership which are basic to determination of rights, de- 

 velopments, and erasing of conflicts by wise long-range planning; 

 comprehensive planning to preserve and provide for the oi'derly de- 

 velopment of estuaries, with the States taking the initiative; funds 

 (Federal) to assist the States in long-range planning and coordina- 

 tion; increased involvement of government, industry, and all citizens 

 in estuarine planning, development, and protection; enforcement or 

 strengthening of existing State law^s; establishment of guidelines by 

 the Federal Government for use by the State to assist in establishing 

 uniform regulations especially for watercraft; and last but not least, 

 the major need is for an orderly improvement program of water qual- 

 ity within the estuaries, providing broad guidelines allowing for 

 multiuse. 



In brief, the analogous or average State management framework 

 includes capabilities for planning, regulating, and controlling, at least 

 to some extent, certain uses of estuarine resources, through the use of 

 restrictive provisions. For example, it can issue leases for the removal 

 of material from w^aterways ; issue permits for structures ; lease lands 

 under navigable waters ; issue licenses for sport fishing and wildlife ; 

 control public beaches; set water quality standards; issue licenses for 

 boats ; and manage State park lands. 



However, what is often lacking is a istrong management organiza- 

 tion able to coordinate all estuarine-related activities and able to pro- 

 duce and implement a statewide comprehensive management plan 

 which includes enforceable provisions and regulatory authorities to 

 control use or modification of the estuarine resources for the maximum 

 benefit of the population. 



Section 4. State Estuarine Laws and Ownership Problems 



No uniform State-level estuarine law framework exists ; there are, 

 instead, many laws, often conflicting, which affect the estuarine zone. 

 The States' estuarine legal system is a confusing and complex blend 

 of water rights, land owniership claims, use conflicts, and State, Fed- 

 eral, and local law^s which vary from area to area and are often subject 

 to varying interpretation and constant litigation. This section briefly 

 discusses the legal aspects of estuarine management, in particular 

 ownership problems and State laws ; it does not include a comprehen- 

 sive survey. 



