WILLIAM DONALD SCHAEFER, Governor Ch. 6

If the Department believes from the evidence before [it] THE DEPARTMENT and
based upon State water resources policy declared in this subtitle that the applicant's
plans provide greatest feasible utilization of the waters of the State, adequately
preserve public safety, and promote the general public welfare, [it] THE
DEPARTMENT shall grant the permit to appropriate or use the waters, construct,
reconstruct, or repair the proposed reservoir, dam, or waterway obstruction, or
accomplish any combination of these objectives. If the Department believes [,] from the
evidence before [it, ] THE DEPARTMENT that the proposed appropriation or use of
State waters or proposed construction is inadequate, wasteful, dangerous, impracticable
or detrimental to the best public interest, [it] THE DEPARTMENT may reject the
application or suggest modifications to the proposed plans to protect the public welfare
and safety.

(b) (1) In granting any permit to appropriate or use water[,] or construct any
reservoir, dam or waterway obstruction, the Department may include any condition,
term, or reservation concerning the character, amount, [means] MEANS, and manner
of the appropriation or use or method of construction necessary to preserve proper
control in the State and insure the safety and welfare of the people of the State. The
Department may determine and specify what provisions to make, if any, in each permit
granted to construct a dam or other waterwork for passage of fish.

(a) Appropriation or use of any waters of the State, construction or beginning
construction, making or beginning any change, addition, reconstruction, or repair of any
reservoir, dam or waterway obstruction, only shall be in conformity with any term,
condition, regulation, or restriction of the Department's permit[,] or with any [rule or]
regulation the Department prescribes concerning any construction, change, addition, or
repair.

(b) (1) Any term, condition, regulation, or restriction imposed on an
appropriation or use of waters of the State or on a reservoir, dam, waterway
obstruction, or change in the course, [current] CURRENT, or cross section of any
stream, through a permit issued pursuant to this subtitle, shall be binding on the owner
of the permitted land or facility at the time [such] THE permit is issued and on any
heirs, successors, or assigns of the owner's interest in the land or facility.

(2) As a condition of permit issuance or renewal under this subtitle to
construct, reconstruct, change, add to, or repair any dam or reservoir, the Department
shall require the owner of the permitted land or facility to record, in accordance with [§
3-102 and § 3-103] §§ 3-102 AND 3-103 of the Real Property Article, a memorandum
prepared by the Department of the terms, conditions, regulations, or restrictions
applicable to that land or facility. The recording shall be at the expense of the
landowner.

8-809.

(a) On complaint or [its] THE DEPARTMENT'S own initiative, the
Department may investigate or examine any reservoir, dam, or similar waterway
construction. If the Department determines that the reservoir, dam, or similar waterway

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