CHAPTER 456

AN ACT TO AMEND CHAPTER 39, TITLE 7, DELAWARE CODE, RELATING TO SOIL CONSERVATION DISTRICTS.

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

Section 1. Section 3901, Chapter 39, Title 7, Delaware Code, is amended by striking the present Section 3901 and inserting a new Section 3901 to read as follows:

§ 3901. Declaration of policy

It is the policy of the State of Delaware to provide for the preservation of the productive power of Delaware land and the optimum development and use of certain surface water resources of the State by furthering the conservation, protection, development and utilization of land and water resources, including the impoundment, and disposal of water and by preventing and controlling floodwater and sediment damages, and thereby to preserve natural resources and promote their beneficial use, control floods, prevent impairment of dams and reservoirs, assist in maintaining the navigability of rivers and harbors, preserve wildlife, provide recreation development, protect the tax base, protect public lands and highways, and protect and promote the health, safety and general welfare of the people of this State.

Section 2. Section 3906 (a) (1), Chapter 39, Title 7, Delaware Code, is amended by inserting after the words "including the" and before the words "disposal of water" the words "impoundment".

Section 3. Section 3906 (a) (3), Chapter 39, Title 7, Delaware Code, is amended by inserting after the words "including the" and before the words "disposal of water" the words "impoundment and".

Section 4. Section 3906 (a), Chapter 39, Title 7, Delaware Code, is amended by adding a new subsection to read as follows:

(12) Adopt rules and regulations for surface water impoundment; upon request by any landowner within the drainage area involved, make hydrological and engineering studies to determine pertinent factors, including, but not limited to the projected supply of available water, the past use of said water and the contemplated water use, and on the basis of said factors to permit impoundment subject to the jurisdiction and authority of the Delaware Water and Air Resources Commission to disapprove said permit within thirty days of submission to them of the completed plans and permit by the Soil and Water Conservation Commission. No action by the Commission shall establish any new permanent water rights nor substantially impair any existing rights to beneficial use of water.

Section 5. Section 3906 (b) (3), Chapter 39, Title 7, Delaware Code, is amended by inserting "impoundment", after the word "including" and before the words "disposal of water" in line four thereof.

Section 6. Section 3906 (b) (4), Chapter 39, Title 7, Delaware Code, is amended by inserting "impoundment", after the words "including the" and before the words "disposal of water" in line five thereof.

Section 7. Chapter 39, Title 7, Delaware Code, is amended by the addition of a new Section 3911 to read as follows:

§ 3911. Appeals

Any owner of land within the drainage area of the watershed or tax ditch involved, aggrieved by the Commission's action, may appeal to the Superior Court within 30 days after the date of the hearing. The sole grounds for reversal by the Court, sitting without a jury, shall be: (1) abuse of the Commission's discretion ; (2) infringement of constitutional rights; or (3) the impairment of vested rights of the complainant. In the event of such appeal, the Commission shall be represented by the Attorney General of the State.

Approved July 21, 1966.