HARRY HUGHES, Governor                             3529

(VIII) ONE MEMBER OF THE DEPARTMENT OF
HEALTH AND MENTAL HYGIENE APPOINTED BY THE SECRETARY OF
HEALTH AND MENTAL HYGIENE.

Title 8. Water and Water Resources.

Subtitle 6. Well Drilling and Well Drillers

Part II. Well Drilling

8-602. Authority of [Department] DEPARTMENTS to make rules
and regulations; scope and application of rules and
regulations.

(a) The Department OF NATURAL RESOURCES may adopt any
rule or regulation to further its general powers of
supervision over natural resources of the State, and for
proper conservation for public use, allocation, and
development of underground waters of the State. Part II of
this subtitle denies any State municipality, county, or
other political subdivision the right to adopt and enforce
any additional rule or regulation relating to construction
of wells. The [Department of Natural Resources and the]
Department of Health and Mental Hygiene shall [jointly]
adopt [a single set of] regulations on the construction of
wells. The regulations shall be effective January 1, 1979.
Also, the provisions of Part II of this subtitle do not
limit the powers of [the Department of Health and Mental
Hygiene or] any [other] State unit having jurisdiction of
and supervision over the public and potable water supplies
of the State. The rules and regulations adopted may
recognize a variation in the primary use or construction of
wells, and of the materials penetrated in different
localities.

(b) Any rule or regulation proposed by the Department
OF HEALTH AND MENTAL HYGIENE with respect to the
construction of wells shall be submitted to the Board for
comment before adoption.

8-603. Permit prerequisite to drilling.

A licensed well driller may not undertake any operation
to bore, core, dig, or construct a well for any owner who is
required to obtain a permit for production and appropriation
of waters from a well under the provisions of this title
until the owner has obtained the permit from the Department
OF HEALTH AND MENTAL HYGIENE. A permit may not be refused
for domestic use on a farm.

Permit to drill well required; report of driller on
completion of work.