CHAPTER 130

AN ACT TO PROVIDE FUNDS TO THE STATE HIGHWAY DEPARTMENT FOR THE CONSTRUCTION OF A WATER CONTROL STRUCTURE AT BETTS POND, SUSSEX COUNTY, DELAWARE.

WHEREAS, physical factors in the area and developments downstream from U.S. Route 113, prohibit the raising of the water level at the major control structure on Betts Pond; and

WHEREAS, control of the water level at U.S. Route 113 would be beneficial to fish and wildlife, would result in improvement of ground water supply for agricultural purposes, would aid in the eradication of mosquitoes and would prove of general benefit to the surrounding areas; and

WHEREAS, certain funds previously appropriated in Senate Bill 290, 122nd General Assembly of the State of Delaware, which bill appears as Chapter 329, Volume 54, Laws of Delaware, were not required for the purpose originally designated; and

WHEREAS, by diverting such funds, a needed control structure could be erected at Betts Pond without additional appropriation of funds;

NOW, THEREFORE,

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

Section 1. There is appropriated to the State Highway Department, for the purposes of constructing a water control structure at Betts Pond, all funds in the supplementary appropriation act, which appears as Chapter 329, Volume 54, Laws of Delaware, which remain unexpended as of June 30, 1965.

Section 2. Funds provided herein shall be utilized by the State Highway Department for the erection of a water control structure at Betts Pond, Sussex County, such structure to be

located at the site of the bridge which is to be constructed on U.S. Route 113 at Betts Pond in connection with the dualization of this highway.

Section 3. The funds provided by this Act are to be used for the design, construction and incidental expenses attendant to the erection of the abovementioned water control structure.

Section 4. The funds provided herein shall be made available to the State Highway Department on July 1, 1965, for the purposes set forth hereinbefore and the money appropriated shall be paid by the State Treasurer out of funds remaining as of June 30, 1965, in the supplemental appropriation contained in Chapter 329, Volume 54, Laws of Delaware.

Section 5. Any of the monies provided herein which shall remain unexpended on June 30, 1966, shall not revert to the General Fund of the State of Delaware, but shall remain available to the State Highway Department until the purposes set forth in this Act have been accomplished.

Approved June 16, 1965.