Title 58, Title 58: WATERS AND WATER SUPPLY

58:1A-13.1 Maintenance of State-owned lands in the Six Mile Reservoir Site and other unused lands. 3. a. The department shall take actions to assure that State-owned lands identified pursuant to paragraph (6) of subsection b. of section 13 of P.L.1981, c.262 (C.58:1A-13) shall be…

58:1A-13.2 Existing lease, agreement unaffected concerning unused lands. 4. The provisions of section 3 of P.L.2003, c.251 (C.58:1A-13.1) shall not abrogate or in any way affect the terms or conditions of any lease or other agreement that is in effect on the date of enactment bet…

58:1A-13.3 Preparation, adoption of revisions, updates to New Jersey Statewide Water Supply Plan. 2. a. The department shall prepare and adopt appropriate revisions and updates to the current New Jersey Statewide Water Supply Plan no later than December 31, 2006 pursuant to the p…

58:1A-14. Inadequate supply available to water purveyor; order for development or acquisition; certification of amount in local budget a. When the department determines that the developed water supply available to a water purveyor is inadequate to service its users with an adequa…

58:1A-15. Powers and duties 15. The department may: a. Perform any and all acts and issue such orders as are necessary to carry out the purposes and requirements of P.L.1981, c.262 (C.58:1A-1 et al.) or P.L.1993, c.202 (C.58:1A-7.3 et al.); b. Administer and enforce the provision…

58:1A-15.1 Actions consistent with Pinelands, Highlands regulation. 10. No action taken by the department pursuant to the provisions of P.L.1981, c.262 (C.58:1A-1 et al.) or P.L.1993, c.202 (C.58:1A-7.3 et al.) shall be inconsistent with the provisions of the "Pinelands Protectio…

58:1A-16 Violations of act; remedies. 16. a. Whenever, on the basis of available information, the commissioner finds that a person is in violation of any of the provisions of P.L.1981, c.262, or any rule or regulation adopted, or permit or order issued pursuant thereto, the commi…

58:1A-17. Continuation of prior rules and regulations Any rules and regulations promulgated pursuant to any statutes repealed by this act shall remain in effect until superseded by rules and regulations promulgated pursuant to this act. However, all such rules and regulations sha…

58:1A-18 Short title. 1. This act shall be known, and may be cited, as the "Rahway River Intergovernmental Cooperation Committee Act." L.1997,c.342,s.1.

58:1A-19 Findings, determinations relative to Rahway River Intergovernmental Cooperation Committee. 2. The Legislature finds and declares that the Rahway river is an important natural, recreational, and economic resource utilized and enjoyed by the citizens of the State; that the…

58:1A-2. Legislative findings and declarations The Legislature finds and declares that the water resources of the State are public assets of the State held in trust for its citizens and are essential to the health, safety, economic welfare, recreational and aesthetic enjoyment, a…

58:1A-20 Definitions relative to Rahway River Intergovernmental Cooperation Committee. 3. As used in this act: "Commissioner" means the Commissioner of Environmental Protection. "Committee" means the "Rahway River Intergovernmental Cooperation Committee" created pursuant to secti…

58:1A-21 "Rahway River Intergovernmental Cooperation Committee" created. 4. a. There is created the "Rahway River Intergovernmental Cooperation Committee," which shall be composed of: (1) a representative of each river municipality, who shall be selected by the governing body of …

58:1A-22 Committee organization; quorum; meetings. 5. a. The committee shall organize as soon as may be practicable after the appointment of its members and shall select a chairperson and a vice-chairperson from among its members. The department shall provide technical and planni…

58:1A-23 Committee duties. 6. In order to facilitate achievement of the State goal, as set forth in this act, to fully restore, promote, preserve, and maintain the environmental health and water quality of the Rahway river system, the committee shall: a. develop recommended regio…

58:1A-24 Assistance provided to committee. 7. The committee shall be entitled to call to its assistance and avail itself of the services of such employees of any State, county, or municipal department, board, bureau, commission, agency, or authority as it may require and as may b…

58:1A-25 Meetings, open; public. 8. The meetings of the committee shall be subject to the provisions and requirements of the "Open Public Meetings Act," P.L.1975, c.231 (C.10:4-6 et seq.). L.1997,c.342,s.8.

58:1A-26 Reports; dissolution. 9. a. The committee shall report its findings and conclusions, together with any recommendations for legislation or administrative action to abate environmental threats to the Rahway river system or to otherwise further the State goal to fully resto…

58:1A-3 Definitions. 3. As used in the provisions of P.L.1981, c.262 (C.58:1A-1 et seq.), P.L.1993, c.202 (C.58:1A-7.3 et al.) and P.L.2003, c.251 (C.58:1A-13.1 et al.): a. "Commissioner" means the Commissioner of the Department of Environmental Protection or the commissioner's d…

58:1A-4. State of water emergency; emergency water supply allocation plan; powers of Governor and Commissioner; orders; review a. Upon a finding by the commissioner that there exists or impends a water supply shortage of a dimension which endangers the public health, safety, or w…

58:1A-5. Supply and diversion of water; rules and regulations The commissioner shall have the power to adopt, enforce, amend or repeal, pursuant to the "Administrative Procedure Act," P.L.1968, c. 410 (C. 52:14B-1 et seq.) rules and regulations to control, conserve, and manage th…

58:1A-5.1 Establishment of permit system for certain diversions of water. 39. Notwithstanding the provisions of subsection a. of section 5 of P.L.1981, c.262 (C.58:1A-5), or any rule or regulation adopted pursuant thereto, to the contrary, the Department of Environmental Protecti…

58:1A-6 Permit system; development of guidelines. 6. a. The department in developing the permit system established by P.L.1981, c.262 (C.58:1A-1 et al.) shall: (1) Permit privileges previously allowed pursuant to lawful legislative or administrative action, except that the depart…

58:1A-7. Diversion of water, permit, renewal; criteria for critical water supply concerns 7. a. A person shall not divert more than 100,000 gallons per day of any waters of the State or construct any building or structure which may require a diversion of water unless the person o…

58:1A-7.1. Transport of water from Pinelands National Reserve; prohibition The provisions of any law, rule or regulation to the contrary notwithstanding, no person shall transport, or cause to be transported, more than 10 miles outside the boundary of the Pinelands National Reser…

58:1A-7.2 No tax, fee imposed on diversion of water; exceptions; "aquaculture" defined. 2. The provisions of any law, rule or regulation to the contrary notwithstanding, no tax, fee or other charge shall be imposed on the diversion, for agricultural or horticultural purposes, inc…

58:1A-7.3 Limitations on modification of existing diversion permit 3. Notwithstanding the provisions of P.L.1981, c.262 (C.58:1A-1 et al.) or any other law, rule or regulation to the contrary, for a period not to exceed 10 years following the effective date of P.L.1993, c.202 (C.…

58:1A-7.4. Water Allocation Credit Transfer Program 5. a. There is established in the department the Water Allocation Credit Transfer Program. The purpose of this program is to provide for the transfer of a privilege to divert water within an area of critical water supply concern…

58:1A-7.5. Establishment of Water Allocation Credit Exchange; regional exchange 6. a. The governing body of a county wherein an area of critical water supply concern has been designated by the commissioner pursuant to section 6 of P.L.1981, c.262 (C.58:1A-6) may establish a Water…

58:1A-7.6. Report to Governor, Legislature 7. The department shall prepare a report to the Governor and the Legislature on the Water Allocation Credit Transfer Program and make recommendations therein concerning the implementation and effectiveness of the program. The report shal…

58:1A-8. Provisions of permit 8. Every permit issued pursuant to P.L.1981, c.262 (C.58:1A-1 et al.) or P.L.1993, c.202 (C.58:1A-7.3 et al.) shall include provisions: a. Fixing the term of the permit; b. Fixing the maximum allowable diversion, expressed in terms of a daily, monthl…

58:1A-9. Rates 9. The Board of Regulatory Commissioners shall fix just and reasonable rates for any public water supply system subject to its jurisdiction, as may be necessary for that system to comply with an order issued by the department or the terms and conditions of a permit…