CHAPTER 382

FORMERLY

SENATE BILL NO. 258

AN ACT TO AMEND CHAPTER 39, TITLE 7, DELAWARE CODE, RELATING TO USE OF APPROPRIATED MONEY BY THE DIVISION OF SOIL AND WATER CONSERVATION.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §3923, Chapter 39, Title 7, Delaware Code, by striking said Section in its entirety and substituting in lieu thereof a new §3923 to read as follows:

"§3923. Use of Appropriated Money in Sussex, Kent and New Castle Counties

The money appropriated pursuant to §3921 of this Title shall be used by the Division of Soil and Water Conservation to pay or assist in paying all costs including personnel required for planning. construction, installation and maintenance 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: Article 2, Chapter 65, and Article 1, Chapter 105, of the 1935 Revised Code of Delaware; and which public group ditches shall be ditches Providing water management and drainage for group of landowners and for landowners and portions of state highway and for which necessary construction permits, easements or right-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 easements 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 money appropriated shall be Paid from time to time by the State Treasurer and the governments of Sussex, Kent and New Castle Counties to the Division of Soil and Water Conservation, or to the Sussex Conservation District, the Kent Conservation District, or the New Castle 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 for 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 purposes authorized by this Section."

Approved July 17, 1984.