ASCE 40-03

This standard provides a complete, comprehensive, and well-integrated statutory scheme for creating or refining a regulated riparian system of water law capable of dealing with the water management problems of the twenty-first century. This Code addresses the allocation of water to particular uses and the coordination of water allocation processes with water quality regulatory processes, while also addressing water conservation and transboundary management of water resources.

The following topics are included:

(1) Provides policy statements, which describe in general terms the goals the administering State Agency and courts are to pursue in carrying the Code into effect;

(2) Provides the basic definitions for the Code;

(3) Addresses the waters subject to allocation and the need to exempt certain waters from allocation;

(4) Describes the effective implementation of a regulatory system in a state operating within the tradition of common law riparian rights;

(5) Provides the procedures and standards for implementing the mandatory permit requirement administered by the State Agency;

(6) Defines the extent of the water rights through the terms and conditions of the permits to be set by the State Agency and the Agency's authority to deal with water shortages and water emergencies;

(7) Addresses interstate water issues by creating processes for striking a balance between the interests of the exporting state and furthering the interests of the importing state; and

(8) Addresses water conservation and questions of the basic authority and responsibility for atmospheric water management.