1028                             LAWS OF MARYLAND                       [CH. 712

pair the operation of the underground storage reservoir, or result
in the pollution of gas stored therein, or permit the escape of any gas
therefrom.

695H.

No right to take by eminent domain under Sections 695B or 695C
of this subheading may be exercised unless the gas storage company
desiring such right shall first obtain an order from the Public Serv-
ice Commission, made after public hearing, finding the underground
storage project to be in the public interest. , AND ALSO OBTAIN
AN UNDERGROUND GAS STORAGE PERMIT, AS PROVIDED
IN SECTION 690 TO 695, INCLUSIVE, OF THIS SUBTITLE, PRO-
VIDED, HOWEVER, THAT NO PERMIT SHALL BE ISSUED
WITHOUT THE CONSENT OF THE DEPARTMENT OF WATER
RESOURCES.

695-I.

Gas injected into underground storage in Prince George's County
AND WHICH REMAINS UNDER THE SURFACE OF LAND IN
SAID COUNTY shall, unless and until it is disposed of with the con-
sent of the gas storage company, be and remain the personal property
of the gas storage company, and shall not be subject to production
taking, reduction to possession, waste, or interference by the owner
of the surface of the land or by any person whomsoever except the
gas storage company or its authorized agents. GAS INJECTED
INTO UNDERGROUND STORAGE IN PRINCE GEORGE'S
COUNTY AND WHICH IS FOUND UNDER THE SURFACE OF
ANY LAND IN CHARLES COUNTY ANNE ARUNDEL, CAL-
VERT, CHARLES AND ST. MARY'S COUNTIES OTHER THAN
IN GAS MAINS SHALL BE SUBJECT TO THE PROPERTY
RIGHTS OF THE CAPTOR OF SUCH GAS OR THE OWNER OF
SUCH LAND, IN ALL RESPECTS AS THOUGH SUCH GAS
OCCURRED THERE NATURALLY, AND THE OWNER OF
SUCH LAND MAY ALTERNATIVELY ELECT TO PROCEED
AGAINST THE GAS STORAGE COMPANY FOR HIS DAM-
AGES.

695J.

Gas injected into underground storage in Prince George's County
by any gas storage company shall be classified and assessed by the
State Department of Assessments and Taxation as operating prop-
erty of such gas storage company. The taxing situs of such gas
shall be the county in which such gas is injected.

695K.

For the privilege of using geological strata beneath the surface
of the earth in Prince George's County, for underground storage
of gas in volumes greater than the minimum volume specified herein,
a gas storage company shall pay such County an annual underground
storage use fee. Such fee (a) shall apply annually to all gas in
storage, except such specified minimum volume, on the last day of
each calendar year, (b) shall be computed on the commodity charge
paid for such gas by such gas storage company, as evidenced by the
tariff pursuant to which such gas was so purchased, and (c) shall
be computed at the following annual rates: