New Jersey § 58:22-9

§ 58:22-9.

(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.