[§174C-4]  Scope.  (a)  All waters of
the State are subject to regulation under the provisions of this chapter unless
specifically exempted.  No provision of this chapter shall apply to coastal
waters.  Nothing in this chapter to the contrary shall restrict the planning or
zoning power of any county under chapter 46.



(b)  No state or county government agency may
enforce any statute, rule, or order affecting the waters of the State
controlled under the provisions of this chapter, whether enacted or promulgated
before or after July 1, 1987, inconsistent with the provisions of this
chapter.  Nothing in this chapter to the contrary shall restrict the power of
any county to plan or zone as provided in chapter 46.



(c)  No state or county government agency or other
person having the power of eminent domain or condemnation under the laws of the
State, may exercise the power with respect to condemning property if the
condemnation will materially affect water resources in the State, without the
written permission of the commission.



(d)  No right, title, or interest in the use of
any water resources of the State can be acquired by prescription. [L 1987, c
45, pt of §2]



 



Note



 



  Interpretation of county function.  L 1987, c 45, §6.



 



Revision Note



 



  "July 1, 1987" substituted for "the
effective date of this chapter".



 



Case Notes



 



  As water code expressly reserves the counties' authority with
respect to land use planning and policy, commission allegedly imposing a
"directive" on the counties to designate priorities among proposed
uses did not usurp counties' land use planning and zoning authority.  94 H. 97,
9 P.3d 409.