THEODORE R. McKELDIN, GOVERNOR                  1201

and for the purpose of propagating, rearing and distributing the fish
actually placed in said waters, and the acquisition of the necessary
facilities therefor. Any money received by the Commission of Tide-
water Fisheries pursuant to such an agreement shall be paid into
the Conservation Fund and is hereby specifically appropriated to be
expended by the Commission of Tidewater Fisheries for the purposes
above named. Provided further, however, that one-half (1/2) of
any such moneys received on behalf of the Conowingo Dam across
the Susquehanna River shall be credited to the State Game Protection
Fund, the balance to be expended as heretofore in this section pro-
vided.] Provided, the construction of said fish ladder or ladders is
deemed by the Board of Natural Resources to be necessary, practic-
able and advisable for the ascending or descending of fish and to
permit the passage of fish from the waters below to the waters above
any such dam or dams, EXCEPT THAT NO PROVISION OF THIS
LAW IS TO BE CONSTRUED AS CHANGING OR ATTEMPT-
ING TO CHANGE THE TERMS, CONDITIONS OR OBLIGA-
TIONS IMPOSED BY ANY CONTRACT PRESENTLY IN FORCE
AND EFFECT BETWEEN THE OWNER OR OWNERS OF ANY
DAM NOW IN EXISTENCE AND THE STATE OF MARYLAND
OR ANY DEPARTMENT, AGENCY, OFFICE OR COMMIS-
SION THEREOF. In addition to any other provisions of law relat-
ing thereto, before any dam is constructed on any of the waters
of this State, application therefor shall be made to the Board of
Natural Resources, Sufficient information shall be given so that
said Board may determine the need and advisability of providing
a fish ladder or ladders. If the Board shall determine from such appli-
cation or from other evidence or information it may obtain, that a
fish ladder or fish ladders is necessary, practicable and advisable in
construction of the proposed dam or dams, it shall forthwith advise
the applicant of its determination and finding. The plans for con-
struction of such dam or dams, with or without fish ladders, shall be
approved by both the Board of Natural Resources as well as any other
agency of this State having jurisdiction in the matter before con-
struction of such dam or dams is commenced. Where in lieu of re-
quiring the erection of such fish ladder or ladders and in lieu of re-
quiring the construction and maintenance of fish ways or fish ladders
pursuant to the provisions contained in any charter heretofore
granted to any corporation by any special or general laws of this
State, the owner, lessee or operator of such dam has heretofore
entered into an agreement to pay any agency of this State an annual
or periodic sum of money, then and in that event the said charter
provisions and provisions of such agreements shall remain in effect.
Provided, however, such sum of money shall be not less than four
and one-half per centum (4 1/2 %) per annum upon the estimated cost
of the erection of such fish ladder or ladders, except in such cases
where the amount so calculated is equal toor exceeded the sum of
four Thousand Dollars ($4,000.00) per annum, then the annual pay-
ment shall in all such cases be four Thousand Dollars ($4,000.00)
per annum, payable to the Commission of Tidewater Fisheries to be
expended by the Commission of Tidewater Fisheries for the purpose
of propagating, rearing and distributing the fish actually placed in
said waters, and the acquisition of the necessary facilities therefor.
Any money received by the Commission of Tidewater Fisheries pur-
suant to such an agreement shall be paid into the Conservation Fund