What is the procedural mechanism of enforcing water law?

When it comes to enforcement of water law in Alabama, the procedural mechanism varies depending on the type of water being regulated. Generally speaking, water law in Alabama is enforced by the Alabama Department of Environmental Management (ADEM). The water rights system in Alabama is based on the prior appropriation and reasonable use doctrine. Under this system, senior water users must be respected to maintain the reliability of their water supply. This rule is enforced by ADEM’s Water Resources Division which investigates violations and enforces water rights. The Water Resources Division also enforces laws that protect lakes, rivers, streams, and wetlands from pollution. ADEM is responsible for developing water quality standards and monitoring water sources for adherence to the standards. When pollution is found, ADEM can issue penalties, implement corrective action plans, and even take criminal enforcement action in extreme cases. The Water Resources Division also works with local governments to ensure that public water supplies meet the requirements of the Safe Drinking Water Act. This includes checking water sources for contamination, monitoring well systems, and providing technical assistance to water systems in need of improvement. Finally, ADEM also reviews proposed actions of all water users, including municipalities, industries, and other large users, to ensure compliance with the law. This includes evaluating the potential impacts of the proposed plans on the environment, other water users, and the general public.

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