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Session Laws, 1990 Session
Volume 436, Page 157   View pdf image (33K)
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WILLIAM DONALD SCHAEFER, Governor Ch. 6

and a corporate surety licensed to do business in [this] THE State. The provisions of
this section do not apply to the State, political subdivisions, or municipalities.

8-8A-07.

A request for judicial review of the Secretary's action on any application shall be
made within 30 days after the decision has been rendered. Proceedings shall be filed in
the circuit court having jurisdiction in which the facility or any part of [it] THE
FACILITY is to be situated.

(b) Any person who violates any provision of this subtitle or any permit[,] or
order issued [thereunder, ] UNDER THE PERMIT is liable to a penalty not exceeding
$10, 000, as well as being subject to being enjoined as provided in subsection (a) OF
THIS SECTION. The monetary penalty [thus] provided may be recovered in a civil
action by the Department through the Attorney General.

8-902.

(a) When need arises in the State for water-supply storage or storage for
streamflow regulation for quality control, either or both of which can be provided by a
federally constructed reservoir, and cost of storage is nonreimbursable when used for
streamflow regulation, or is to be repaid by nonfederal interest when used for water
supply, the Department, after consulting with concerned units and jurisdictions, shall
estimate [the]:

(1) [Amount] THE AMOUNT of water-supply storage required to meet
both initial and future needs in the potential service area within the State; and

(2) [Need] THE NEED for storage for regulation of streamflow for
quality control and the beneficiaries [therefrom] FROM THIS REGULATION.

8-903.

In carrying out its responsibility for water resources planning, development, and
management, the Department shall cooperate with federal, State, and local agencies in
any water resources project or program affecting waters of the State. [It] THE
DEPARTMENT shall administer available financial assistance for these projects or
programs. In furtherance of [its] THE DEPARTMENT'S responsibility under this
section, when local entities agree to pay all other nonfederal costs and operate and
maintain structures installed using federal assistance authorized under the Watershed
Protection and Flood Prevention Act, the Department shall consider the following:

(1) A contribution by the State of up to 50 [percent]% of the nonfederal
share of approved projects under PL 566;

(2) Using funds in programs or projects for flood control, recreation, fish
and wildlife, water supply, and flow augmentation; and

(3) Limiting State participation to land acquisition for dams and
impounded areas and construction of dams. Additional land beyond the flood pool

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Session Laws, 1990 Session
Volume 436, Page 157   View pdf image (33K)
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