J. MILLARD TAWES, Governor                     1151

the State southerly and easterly from such main line tracks. However,
impoundments created by diverting water from an existing water-
course to an offsite storage or bypass 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
compacted by rolling.

The freeboard of the dam or embankment, measured upward from
the [highest spillway overflow level] water elevation in the reservoir
under design storm conditions, 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 dugout ponds. Also, ponds which
exceed any of the limitations described in this sub-section may be
constructed in locations where there are no downstream hazards,
if approved in each instance by the Department.

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

The plans and specifications for any proposed pond or embankment
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 continued
supervisory authority of the State Soil Conservation Committee 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 this Act shall take effect
June 1, 1965.

Approved May 4, 1965.

CHAPTER 753
(Senate Bill 276)

AN ACT to add a new Section 29(a-l) to Article 66˝ of the An-
notated Code of Maryland (1957 Edition), title "Motor Vehicles",
sub-title "Administration—Registration—Titling", to follow im-
mediately after Section 29(a) thereof, providing for a deduction
from the motor vehicle titling tax if there is application for a cer-