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Session Laws, 1967
Volume 681, Page 802   View pdf image (33K)
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802                               LAWS OF MARYLAND                        [CH. 391

of permission to proceed with construction or implementation, un-
less it is determined by the commission or by the agency of a
signatory party that such project or projects may cause an adverse,
adverse cumulative, or an interstate effect on water resources of
the basin, and the project sponsor has been notified in writing
by the commission or by the agency of a signatory party that
commission approval is required.

(ii) Projects which are classified by the commission as not re-
quiring its review and approval, for so long as they are so classified.

4. The commission shall approve a project if it determines that
the project is not detrimental to the proper conservation, develop-
ment, management, or control of the water resources of the basin
and may modify and approve as modified, or may disapprove the
project, if it determines that the project is not in the best interest
of the conservation, development, management, or control of the
basin's water resources, or is in conflict with the comprehensive
plan.

5.    The commission, after consultation with the appropriate of-
fices or agencies of the signatory parties, shall establish the pro-
cedure of submission, review, and consideration of projects. Any
procedure for review and approval of diversions of water shall in-
clude public hearing on due notice given, with opportunity for inter-
ested persons, agencies, governmental units, and signatory parties
to be heard and to present evidence. A complete transcript of the
proceedings at the hearing shall be made and preserved, and it shall
be made available under rules for that purpose adopted by the com-
mission.

6.    Any determination of the commission pursuant to this article
or any article of the compact providing for judicial review shall be
subject to such judicial review in any court of competent jurisdic-
tion, provided that an action or proceeding for such review is
commenced within 90 days from the effective date of the determina-
tion sought to be reviewed; but a determination of the commission
concerning a diversion, under Section 3.10-2(ii) with the claimed
effect of reducing below a proper minimum the flow of water in
that portion of the basin within the area of a signatory party,
shall be subject to judicial review under the particular provisions
of paragraph 7 below.

7.    Any signatory party deeming itself aggrieved by an action
of the commission concerning a diversion under Section 3.10-2(ii)
with the claimed effect of reducing below a proper minimum the
flow of water in that portion of the basin which lies within the
area of that signatory party, and notwithstanding the powers pro-
vided to the commission by this compact, may have review of com-
mission action approving the diversion in the Supreme Court of
the United States,
; provided that a proceeding for such review is
commenced within one year from the date of action sought to be
reviewed. Any such review shall be on the record made before the
commission. The action of the commission shall be affirmed, unless
the court finds that it is not supported by substantial evidence.

3.11Advisory Committees. The commission may constitute and
empower advisory committees.


 

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Session Laws, 1967
Volume 681, Page 802   View pdf image (33K)
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