CHAPTER 341

AN ACT APPROPRIATING MONEYS TO THE STATE SOIL CONSERVATION COMMISSION FOR THE CONSTRUCTION, IMPROVEMENT AND PROTECTION OF DITCHES IN THE SEVERAL COUNTIES.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. There is hereby appropriated to the State Soil Conservation Commission the sum of $30,000.00 for fiscal year beginning July 1, 1964, and ending June 30, 1965, for the purpose of paying for or contributing to the costs of all works of improvement and easements or rights-of-way required for the construction, improvement and protection of public group ditches and tax ditches as may be approved by the Commission, and Highway ditches as may be jointly approved by the Commission, and the State Highway Department in New Castle County.

Section 2. For the purpose of this Act, the Levy Court of New Castle County shall appropriate to the Soil Conservation Commission the further sum of $20,000.00 for the fiscal year beginning July 1, 1964, and ending June 30, 1965, for the purpose of paying for or contributing to the costs of all works of improvement required for the construction, improvement and protection of public group ditches and tax ditches as may be approved by the Commission, and highway ditches as may be jointly approved by the Commission and the State Highway Department in New Castle County.

Section 3. The moneys made available under Sections 1 and 2 of this Act may be used by the State Soil Conservation Commission to pay or help pay the cost of construction and installation of tax ditches, public group ditches and highway ditches in New Castle County, which said tax ditches shall be organized under the provisions of Title 7, Chapter 41, Delaware Code, and which said public group ditches shall be ditches providing drainage for groups of landowners and for landowners and portions of state highways and for which necessary permanent easements or rights-of-way for construction and maintenance operations shall have been acquired by the State of Delaware or by New Castle County, and which said highway ditches shall be ditches maintained by the public on State or County owned easements or rights-of-way adjacent to the roads of New Castle County. Said money shall be paid from time to time by the State Treasurer and the Levy Court of New Castle County to the Soil Conservation District of New Castle County for these purposes, or directly to contractors and suppliers furnishing work, labor, services, and materials for such projects or to landowners for rights-of-way or easements, or shall be paid or otherwise made available to other State agencies for work, labor, services, and materials for certain portions of such projects, as shall be determined by the Commission, and upon certification by the Commission that such payments are proper and for the purposes authorized by this section of this Act.

Section 4. There is hereby appropriated to the State Soil Conservation Commission the sum of $10,000 for the fiscal year beginning July 1, 1964, and ending June 30, 1965, to be used for the purpose of contributing to the costs of clearing banks, removing obstructions, installing permanent-type structures, installing culverts and related structures, leveling spoil, straightening, cleaning out and draining the tax ditches of Kent County, subject to the priorities imposed by Section 5 of this Act.

Section 5. For the purpose of this Act, the Levy Court of Kent County shall appropriate to the State Soil Conservation Commission the further sum of $10,000 for the fiscal year beginning July 1, 1964, and ending June 30, 1965, to be used for the purpose of contributing to the costs of clearing banks, removing obstructions, installing permanent-type structures, installing culverts and related structures, leveling spoil, straightening, cleaning out and draining the tax ditches of Kent County, subject to the priorities imposed by Section 6 of this Act.

Section 6. There is hereby appropriated to the State Soil Conservation Commission the sum of $22,500 for the fiscal year beginning July 1, 1964, and ending June 30, 1965, to be used for the purpose of contributing to the costs of clearing banks, removing obstructions, installing permanent-type structures, installing culverts and related structures, leveling spoil, straightening, cleaning out and draining the tax ditches of Sussex County, subject to the priority imposed by Section 8 of this Act.

Section 7. For the purpose of this Act, the Levy Court of Sussex County shall appropriate to the State Soil Conservation Commission the further sum of $22,500 for the fiscal year beginning July 1, 1964, and ending June 30, 1965, to be used for the purpose of contributing to the costs of clearing banks, removing obstructions, installing permanent-type structures, installing culverts and related structures, leveling spoil, straightening, cleaning out and draining the tax ditches of Sussex County, subject to the priority imposed by Section 8 of this Act.

Section 8. The moneys made available under Sections 4, 5, 6 and 7 of this Act shall be used first, each fiscal year, as required for work on those tax ditches of Kent or Sussex County (as the case may be) located outside the limits of watershed areas which are now or may be established in the State pursuant to the provisions of the act of the Congress of the United States known as the Watershed Protection and Flood Prevention Act (Public Law 566, 83rd Congress, 68 Stat. 666) as amended by the Act of August 7, 1956 (Public Law 1018, 84th Congress, 70 stat. 1088), but any portion of said moneys which is not needed for work on such tax ditches may be used by the State Soil Conservation Commission for work on those tax ditches of Kent or Sussex County (as the case may be) located within the limits of any such watershed area or areas.

Section 9. For work on the tax ditches of Kent or Sussex County (as the case may be) located outside the limits of watershed areas established as aforesaid, the Board of Soil District Supervisors of the Soil Conservation District of Kent or Sussex County (as the case may be) shall make certification to the State Soil Conservation Commission that said Board of Soil District Supervisors has collected or received from farmers and others benefiting from such clearing banks, removing obstructions, installing permanent-type structures, installing culverts and related structures, leveling spoil, straightening, cleaning out and draining said tax ditches, a specified sum of money to be used on said project. Then, upon approval and certification by the State Soil Conservation Commission to them, the State Treasurer and the Levy Court of Kent or Sussex County (as the case may be) shall each pay to the Board of Soil District Supervisors of the Soil Conservation District of Kent or Sussex County (as the case may be) the sum of $0.50 for every $1.00 or more, so certified as having been collected or received by said Board of Soil District Supervisors from farmers and others benefiting from such work or said tax ditches.

Section 10. The sums of money so paid from time to time to said Board of Soil District Supervisors of the Soil Conservation District of Kent or Sussex County (as the case may be) shall be used by said Board on such tax ditches for which contributions from farmers and others benefiting from such work have been collected and received as shall be determined by the said Board of Soil District Supervisors.

Section 11. Any balance of the moneys hereby appropriated, which is not needed for work on the tax ditches under Section 9 hereof, may be used by the State Soil Conservation Commission as the local share or as a contribution toward the local share to supplement federal funds made available to pay the costs of construction and installation of tax ditches of Kent or Sussex County (as the case may be) located within the limits of any watershed area or areas established under the aforesaid Act of Congress and as determined under said Act; and such moneys may also be used by the State Soil Conservation Commission to pay or help pay through the medium of contracts or agreements for work, labor, services or materials used for construction operations supplementing or protecting tax ditch installations within said watersheds. Said moneys shall be paid from time to time by the State Treasurer and the Levy Court of Kent or Sussex County (as the case may be) to the Soil Conservation District of Kent or Sussex County (as the case may be) for these purposes, or directly to contractors and suppliers furnishing work, labor, services and materials for such projects, or shall be paid or otherwise made available to other State agencies for work, labor, services and materials for certain portions of such projects, as shall be determined by the Commission, and upon certification by the Commission that such payments are proper and for the purposes authorized by this section of this Act.

Section 12. This Act shall be known as a supplementary appropriation Act and the money hereby appropriated on the part of the State shall be paid out of the General Fund of the State of Delaware.

Section 13. Sums of money made available herein for use in a certain county shall not be diverted for use in another county.

Approved July 7, 1964.