Section 15-1113. Existing rights and remedies preserved; limitations


Latest version.
  • 1.  Nothing  in  title  11  of this article is intended to or shall be
      construed  to  alter,  impair,  diminish  or  enlarge  any  existing  or
      hereafter acquired public or private right, riparian or otherwise, or to
      create  any  new  public  or  private right, riparian or otherwise, with
      reference to water resources and the use of the waters thereof and  such
      rights  hereby  preserved  shall include, but not be limited to any such
      right of the state or  any  agency  thereof  or  any  person  or  public
      corporation.  Any reference in this section to a public or private right
      with reference to water resources and the  use  of  the  waters  thereof
      shall  include,  but  shall  not  be  limited  to, any right to receive,
      collect, store, control, transmit, consume, supply, sell,  discharge  or
      dispose  of water, any right to own, construct, operate and maintain any
      water supply or water treatment facilities, including reservoirs,  dams,
      aqueducts,  chlorinating  and  aeration plants and pumping stations, and
      any right to  exercise  control  over  the  level,  flow,  discharge  or
      disposition  of  waters,  including water in reservoirs, rivers, streams
      and aqueducts.
        2. Nothing in title 11 of this article is intended to alter or abridge
      any right of action or other remedy now or hereafter existing nor  shall
      any  act  done  by  virtue  of  title 11 of this article be construed as
      estopping the exercise of such rights.
        3. Nothing in title 11 of this article shall be held to repeal,  limit
      or  modify  the  jurisdiction,  powers  and duties of any state or local
      department, board, district, commission  or  authority,  or  any  public
      corporation,  or  other  agency,  now  or  hereafter  possessed,  or  to
      invalidate or modify, in whole or in part, any decision, order, license,
      permit, approval, or other act, issued or taken heretofore or  hereafter
      by  such  department,  board, district, commission, authority, or public
      corporation or other agency, or to nullify, abate  or  otherwise  affect
      any  rights acquired or action taken heretofore or hereafter pursuant to
      such decision, order, license, permit, approval, or other act.
        4. Nothing in title 11 of this article shall be construed as requiring
      that a plan hereunder be approved for  any  region  before  any  project
      utilizing,  affecting or involving the water resources of such region in
      whole or in part may be authorized, approved, initiated or  carried  out
      within or without such region.