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<br /> 0 <br /> --- , <br /> I-" <br /> W <br /> ~ <br />. 00 <br /> <br />~ <br /> <br />" <br /> <br />and Oystsr Commission with ths duty of enforcing the rules. Article 7577, <br />V. C. S., provides for the punishment of any person who shall deposit in <br />sny canal, lateral, reservoir, or lake used for any purpose enumerated in <br />this Act, the carcass of any dead animal, tin cans, discarded buckets or <br />pails, garbage, ashes, bailing or barbed wirs, Barth, offal, or refuss of <br />any character, or any other articls which might pollute the water. <br /> <br />Pollution cases are, as a general rule, predicated upon three <br />thsories, ths remedy for each being distinct and cumulative, and are as <br />follows: <br /> <br />1. The State has the power to abate a C0mmon law nuisance <br />entirely aside from etatute. <br /> <br />2. An injunction may be grsnted under the authority of Article <br />4444, V. C. S. <br /> <br />3. The State may prevent the pollution of public bodies of <br />water, the propsrty of ths State, by invoking the penal statute, Article 698b, <br />V. P. C. <br /> <br />As e preliminary to legal action to abate stream pollution, a <br />procedure has bssn agreed upon by ths Texas State Health Department, <br />Tsxas Game, Fish and Oyster COllllllission, and the Attorney Gsneral, whereby <br />all offending partiss are requsated to be present for a hearing for the <br />purpose of presenting evidence as to the most fsasible method for correc- <br />tivs action to abate etream pollution. Ths offending parties are called <br />upon to take such correctivs action as may be necesssry, and upon refusal <br />or failure to do so, legal proceedings as a general rule are initiated to <br />obtain the relief. <br /> <br />Conclusion <br /> <br />It is believed that the above stetement conforms to the task of <br />the work group as outlined in Item 2a, page 4 of the minutes of the meeting <br />of August 8, of the Hydrologic Subcommittee and will supply ths subject <br />matterfor Texas I part ::.f the task as outlined in Item 3a of the 88me task <br />outline, Nothing more can be submitted at this time, because of the short <br />notice but it is hoped there will be an opportunity to submit additional <br />IMterial concernIng these important matters from time to time. <br /> <br />A-15 <br />