CHAPTER 460

AN ACT TO AMEND CHAPTER 39, TITLE 7, DELAWARE CODE, RELATING TO SOIL AND WATER CONSERVATION DISTRICTS AND COMMISSION BY ADDING NEW POWERS.

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

Section 1. Chapter 39, Title 7, Delaware Code, is hereby amended by adding a new subsection (10) to Section 3906 (b) thereof to read as follows:

(10) (a) Accept from Tax Ditches of the State of Delaware in accordance with provisions of subsection (10) of Section 4161 of Chapter 41, Title 7, Delaware Code:

(1) The responsibility for certain specified responsibilities for maintenance of the Tax Ditch.

(2) All rights-of-way assigned by Court Order to the Tax Ditch for construction and maintenance operations.

(3) Any and all powers possessed by the Tax Ditch, or the managers thereof, related to obstruction of, or damage to said Tax Ditch, or to the addition of territory to a Tax Ditch, or to the alteration of a Tax Ditch.

(b) Carry out specified responsibilities for maintenance of those Tax Ditches that choose to turn over such rights to the Commission.

(c) Exercise all rights, under law, to utilize and protect the rights-of-way transferred to the Commission by Tax Ditches for maintenance purposes, including those rights pertaining to obstruction of or damage to a Tax Ditch in Section 4186, Chapter 41, Title 7, Delaware Code, except that such rights-of-way may be used by the Delaware Soil and Water Conservation Commission or its agents for maintenance purposes only.

Approved July 21, 1966.