58:22-9 - Use and disposition of water; application; hearing; notice; objections; expense of hearing - New Jersey Statutes

58:22-9.  Use and disposition of water;  application;  hearing;  notice; objections;  expense of hearing
    (a) The department shall have jurisdiction and control, subject to the provisions hereof, over the use and disposition of all additional water made available for use pursuant to this act.  It shall sell such water and rights thereto on just and reasonable terms and conditions as determined by the council and at just, reasonable and equitable rates and charges, to persons, associations, corporations including water supply corporations, municipalities,  municipal and district water commissions, and authorities for public potable,  industrial, irrigation, and other purposes upon application and after public  hearing;  provided that before such water may be used for potable purposes,  purification and treatment shall be accomplished by the purchaser in a manner  satisfactory to the State Department of Health.  The council may grant or deny  any application made pursuant to this section, and at its discretion, dispense  with public hearing when the quantity of water applied for is less than   1/2  million gallons a day.  In granting or denying any such application, the  council shall be governed by the principles and procedures established and recognized by common law applicable to the diversion and use of water in this  State, or as set forth in Title 58 of the Revised Statutes and to which Title  this act is a supplement.    (b) The division shall cause a notice of every public hearing required to be  held pursuant to this section to be given, as hereinafter provided, for the  purpose of hearing all persons and municipal corporations or other civil divisions of the State that may be affected thereby.  The notice shall specify the time, date and place of the hearing, the time within which objections shall  be filed, and shall be published in such newspaper and for such length of time,  not exceeding 4 weeks, as the division shall determine.    (c) Any person or municipal corporation or the proper authorities of any civil division of the State may file in the office of the division objections to any application to purchase such water.  Every such objection shall be filed  not later than 5 days prior to the date of hearing and shall particularly  specify its ground.    (d) The expense of the hearing on any application to purchase such water shall be certified by the division to the applicant, who shall pay the same within 30 days thereafter.     L.1958, c. 34, p. 102, s. 9.