WILLIAM DONALD SCHAEFER, Governor Ch. 6

(2) Reckless operation; or

(3) Operating under the influence of alcohol, any drug, combination of
drugs, or combination of drugs and alcohol, in violation of § 8-738 of this subtitle.

8-801.

(a) In order to conserve, protect, and use water resources of the State in
accordance with the best interests of the people of Maryland, it is the policy of the State
to control, so far as feasible, appropriation or use of surface waters and groundwaters of
the State. Also, it is State policy to promote public safety and welfare[,] and control and
[supervise] SUPERVISE, so far as is feasible, construction, reconstruction, and repair
of dams, reservoirs, and other waterworks in any waters of the State.

8-802.

(a) Every person is required to obtain a permit from the Department to
appropriate or use[,] or begin to construct any plant, building, or structure which may
appropriate or use any waters of the State, whether surface water or groundwater. The
permit is obtained upon written application to the Department. The applicant shall
provide the Department with satisfactory proof that the proposed withdrawal of water
will not jeopardize the State's natural resources.

(b) This section does not apply to use of water for:

(1) Domestic purposes other than for heating and cooling; OR

(d) When the Department determines that a water supply emergency exists and
available water supplies are inadequate in an area to meet the needs of all persons who
have permits under this subtitle, the following uses shall have priority for appropriation
or use of water in the order listed:

(2) Agricultural [uses] USES, including the processing of agricultural
products; and

(e) Notwithstanding any other provision of this subtitle, an application for a
certificate of public convenience and necessity associated with power plant construction
which involves use or diversion of waters of the State[,] made to the Public Service
Commission under Article 78 of the Code constitutes an application for the permit
required by this section, and the provisions of § 3-306 of this article apply. If an
application is made to the Public Service Commission, the hearing provided for by this
subtitle is not required. All evidence relevant to the purposes of this subtitle shall be
presented at the hearing held by the Public Service Commission, as required by Article
78, § 54A OF THE CODE. The permit required by this subtitle is included in the
certificate of public convenience and necessity issued by the Public Service Commission.

8-803.

(a) (1) A person [is required to] SHALL obtain a permit from the
Department to construct, reconstruct, or repair any reservoir, dam, or waterway
obstruction [or], TO make, construct, or permit to be made or constructed[,] any

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