Theodore R. McKeldin, Governor                      411

The contributory drainage area for an impoundment constructed
across a waterway shall not be in excess of four hundred (400)
acres in any portion of the State northerly and westerly from the
main line tracks of the Baltimore and Ohio Railroad Company be-
tween the District of Columbia and the State of Delaware (en route
to Wilmington, Delaware); and the contributory drainage area shall
not be in excess of seven hundred (700) acres in any portion of the
State southerly and easterly from such main line tracks. However,
impoundments created by diverting water from an existing water
course to an off-site storage or by-pass pond may be constructed
without regard to the watershed area of the stream from which
water is diverted, except that the directly contributing watershed
area shall not be in excess of one hundred (100) acres.

If a grass-covered spillway is used, the maximum velocity of the
flow of water over the spillway shall not be in excess of an amount
that will produce scouring, as determined in each instance by the
State Soil Conservation Committee. A spillway shall not be con-
structed on an artificial embankment or made-fill, but shall be cut
only from natural and undisturbed earth, seeded or sodded and com-
pacted by rolling.

The freeboard of the dam or embankment, measured upward from
the highest spillway overflow level, shall be at least equal to frost
depth plus one foot, or to wave height plus one foot, whichever is
the greater, except that in no event shall it be less than thirty (30)
inches.

Any limitation on contributing watershed area, depth of water,
and water surface area shall not be construed to apply to impound-
ments created entirely by excavation below the existing ground level,
these being known generally as dug-out ponds. Also, ponds which
exceed any of the limitations described in this sub-section may be
constructed on tidal estuaries and in other locations where there are
no downstream hazards, if approved in each instance by the Depart-

ment. However, no more than one pond may be constructed across

any stream if, in the judgment of the State Soil Conservation Com-

mittee, an additional pond or ponds would create hazards to life or

property, or both.

Prior consent in writing for the construction of any such pond
shall be obtained from all riparian DOWNSTREAM owners within
a distance of one thousand (1000) feet downstream from the pro-
posed structure, such consent to be a part of the application for per-
mission to build the pond or embankment.

The plans and specifications for any proposed pond or embank-
ment shall be submitted in advance to the Department for review,
to ascertain that they conform to the provisions and requirements
of this sub-section. All construction work shall be under the con-
tinued supervisory authority of the State Soil Conservation Com-
mittee or of other persons satisfactory to the Department, to assure
that it conforms to the provisions and requirements of this sub-
section.

Sec. 2. And be it further enacted, That wherever the terms
"Water Resources Commission" or "Commission" occur in said sub-
title 'Water Resources" or elsewhere in the laws or regulations of
this State, or of any department, bureau, board, agency or political