J. MILLARD TAWES, Governor                        239

246.

Every owner of a dam or dams upon any of the waters of
the State is hereby required to make and keep in repair, or cause to
be made and kept in repair, and placed upon said dam or dams at
least one fish ladder of such a character as to enable fish to have a
free course up and down said waters at all times. Provided, the
construction of said fish ladder or ladders is deemed by the [Board
of Natural] Department of Water Resources to be necessary, prac-
ticable 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 attempting to change the terms, con-
ditions or obligations 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 com-
mission thereof. In addition to any other provisions of law relating
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] Department. Sufficient information shall be
given so that said [Board] Department may determine the need
and advisability of providing a fish ladder or ladders. If the Board
shall determine from such application 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 deter-
mination and finding. The plans for construction of such dam or
dams, with or without fish ladders, shall be approved by both the
[Board of Natural Resources ] Department 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
requiring the erection of such fish ladder or ladders and in lieu of
requiring the construction and maintenance of fish ways or fish
ladders pursuant to the provisions contained in any charter hereto-
fore 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 (4½%) 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 to or exceeds the
sum of four thousand dollars ($4,000.00) per annum, then the
annual payment shall in all such cases be four thousand dollars
($4,000.00) per annum, payable to the [Commission of Tidewater
Fisheries] Department of Game and Inland Fish to be expended
by [the Commission of Tidewater Fisheries] it 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] Depart-
ment of Game and Inland Fish 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, how-
ever, that one-half (½) of any such monies received on behalf of
the Conowingo Dam across the Susquehanna River shall be credited