82 LAWS OF MARYLAND. [CH. 42

tion or maintenance of its water system, including that
part of said system in Pennsylvania held in the name of
The Evitts Creek Water Company; the receipts of the
water system shall be kept in a separate fund and under a
separate accounting system; and it shall be the duty of the
Mayor and City Council to establish from time to time such
rates for its water system as will pay all its operating ex-
pense and all its annual interest, and meet all its sinking
fund or serial bond requirements; and in case of any deficit
in the operations of the water department, then the water
rentals shall be increased in order to prevent any future
deficit, and to liquidate the past deficit.

In addition to the above powers, the Mayor and City
Council may sell excess water at such price as it shall deem
proper, without regard to its capital, interest requirements,
or maintenance costs, to the end that said excess water
shall not be wasted and that the Mayor and City Council
of Cumberland shall derive some return therefrom; pro-
vided that no water shall be sold as excess water for less
than the actual amount of filtration and treatment costs
thereof.

Excess water shall only be such amount of water which
shall be in storage in the impounding dams above the
pumping level as shall be in excess of an amount equal to
two hundred times the average amount of water then being
delivered to the regular water takers for their daily con-
sumption, and when the water in storage shall not be in
excess thereof, no water shall be sold as excess water.

No excess water shall be sold to any person, firm or cor-
poration for other than manufacturing or industrial pur-
poses or when the use of which would diminish the amount
of water then being furnished to said person, firm or cor-
poration under the regular established rates of said City,
or in case of sale of excess water to a non-user of water
under said established rates, said excess water shall not be
sold in amount of less than four hundred thousand gallons
per day, all of which must be used for manufacturing and
industrial purposes, except in case of shut down, strike,
act of God, or other emergency, and in like case the City
may discontinue the supply of said excess water so long
as any such emergency may exist, and provided further
that in the sale of excess water the Mayor and City Council
shall reserve the right to apportion said excess water
among the eligible applicants who may apply for the same
and may stipulate such other conditions as may seem
reasonable and proper for the protection of the interests
of said City.