CHAPTER 353

FORMERLY

HOUSE BILL NO. 829

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 313, VOLUME 53, LAWS OF DELAWARE, AS AMENDED BY CHAPTER 72, VOLUME 56, LAWS OF DELAWARE, BY AUTHORIZING THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL, DIVISION OF SOIL AND WATER CONSERVATION, TO EXPEND FUNDS FOR EXTENDING APPROVED WATERSHED PROJECTS INTO THE ADJOINING STATE WHEN SUCH WORK IS REQUIRED FOR THE EFFECTIVE FUNCTIONING OF DELAWARE PROJECTS.

WHEREAS, pursuant to an Attorney General's Opinion rendered on June 22, 1971, at the request of former Secretary of the Department of Natural Resources and Environmental Control, the State of Delaware has the authority to appropriate and expend funds for the construction of outlets in the State of Maryland; and

WHEREAS, statutory controls prevail relative to the expenditure of funds appropriated by the General Assembly in Chapters 29, 63, 65 and 83 of Title 29 which preclude any wrongdoing regarding the expenditure of these funds.

NOW, THEREFORE:

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

Section 1. Amend Section 1 of Chapter 313, Volume 58, Laws of Delaware, by adding thereto the following new subsection (e) to read as follows:

"(e) To construct, operate and maintain structural measurers for channel improvement including but not limited to clearing and snagging operations in the adjoining state where such improvement is necessary to the proper functioning of Delaware tax ditches whose authority cannot extend across state lines and where a comparable organization does not exist in the adjoining state. This authority is limited to approximately two miles of each of the following tax ditches: Tappahanna, Mary-del, and Brights Branch."

Approved June 7, 1974.