CHAPTER 562

FORMERLY

HOUSE BILL NO. 365

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND SUBCHAPTER II, CHAPTER 39, TITLE 7, DELAWARE CODE BY MAKING THE USE OF APPROPRIATED MONIES UNIFORM IN THE THREE CONSERVATION DISTRICTS.

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

Section 1. Amend §3923 of Subchapter II, Chapter 39, Title 7, Delaware Code, by striking §3923 in its entirety and substitute a new §3923 to read as follows:

§3923. Use of appropriated monies in Sussex, Kent and New Castle Counties

The monies appropriated pursuant to §3921 of this Title shall be used by the Soil and Water Conservation Division to pay or assist in paying all costs, including personnel required for planning construction and installation of tax ditches, public group ditches, highway ditches and resource conservation projects in Sussex, Kent and New Castle Counties, which tax ditches shall be organized under the provisions of Chapter 41 of this Title, and which public group ditches shall be ditches providing water management and drainage for groups of landowners and for landowners and portions of state highways and for which necessary construction permits, easements or rights of way for construction and maintenance operations shall have been acquired by this State or by Sussex, Kent or New Castle Counties, and which highway ditches shall be ditches maintained by the public on State or county-owned easement or rights of way adjacent to the roads of Sussex, Kent or New Castle Counties, and which resource conservation projects shall be defined in applications or project plans submitted to the Secretary of the United States Department of Agriculture for Watershed Planning or Resource Conservation and Development assistance. The monies appropriated shall be paid from time to time by the State Treasurer and the governments of Sussex, Kent and New Castle Counties to the Soil and Water Conservation Division, or to the Sussex Soil and Water Conservation District, the Kent Soil and Water Conservation District, or the New Castle Soil and Water Conservation District, 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 of certain portions of such projects as shall be determined by the Division and upon certification by the Division that such payments are proper and for the purpose authorized by this Section.

Section 2. Amend §3924 of Subchapter II, Chapter 39, Title 7, Delaware Code, by striking said section in its entirety.

Approved July 29, 1974.