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1 IN RE AGRICULTURAL, AQUACULTURAL and HORTICULTURAL WATER USAGE CERTIFICATION RULES, N.J.A.C 7:20A-1.1 ET SEQ -- rank: 1000

... of adequate capacity by, and withdrawal limits for, water purveyors. [ N.J.S.A. 58:1A-5.] The Water Act expressly instructs DEP to establish two separate ... generally "to carry out the intent" of the Water Act. N.J.S.A. 58:1A-5. While the regulatory burden on agricultural endeavors is not to ... of the State in the present and in the future ." N.J.S.A. 58:1A-5 (emphasis added). As noted above, administrative agencies must "possess the ... DEP establish standards for "diverters" of water set forth in N.J.S.A. 58:1A-5(b)-(f), including the standard "to maintain the minimum water ... and flow necessary to provide adequate water quantity and quality." N.J.S.A. 58.1A-5(e). The conditions in the revised regulation do not interfere ... frost protection, harvesting and other agriculturally-related purposes, including aquaculture." N.J.S.A. 58:1A-5, it is neither unreasonable nor ultra vires for DEP ...

docket:	a3283-06
court:	superior court appellate division
decided:	2009-10-21
status:	published
citation:	410 N.J.Super. 209 981 A.2d 99
Document Size:	96000

2 UNITED WATER NEW JERSEY, INC. v. BOROUGH OF HILLSDALEa0299-13 -- rank: 725

... of the State and the diversions of that water supply." N.J.S.A. 58:1A-5. The NJDEP has adopted comprehensive regulations governing the water supply ...

docket:	a0299-13
court:	NJ Superior Court Appellate Division
decided:	2014-11-26
status:	published
citation:	438 N.J.Super. 309 103 A.3d 309
Document Size:	43830