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Session Laws, 1969
Volume 692, Page 1027   View pdf image
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MARVIN MANDEL, Governor                        1027

North Branch of the Potomac River ACQUIRING STORAGE IN
THE BLOOMINGTON DAM PROJECT TO BE USED FOR
REGULATING THE STREAMFLOW OF THE POTOMAC RIVER
FOR WATER SUPPLY, subject to the following restrictions in addi-
tion to any other restrictions required by the law or Constitution of
this State:

(1)    No contract shall permit the Federal Government to reduce
the natural flow of the Potomac River at any time of the year, during

or after the construction of the project, except as to storm or flood
waters, unless the Federal Government agrees to condemn all riparian
rights in this State affected by any such reduction of flow and to

compensate the owners thereof for the loss or injury to such riparian
rights in accordance with the laws of this State.

RESERVOIR REGULATION FOR INCREASING OR DE-
CREASING DOWNSTREAM FLOWS FOR WATER SUPPLY
PURPOSES SHALL BE IN ACCORDANCE WITH A SCHEDULE
AGREED TO IN WRITING BETWEEN THE AUTHORITY AND
THE FEDERAL GOVERNMENT.

(2)    All contracts and revisions or changes as to any part thereof,
prior to becoming effective, shall be reviewed by the Department and,
as to legality under the Laws of Maryland, by the Attorney General
of Maryland.

(3) No contract shall contain any hold harmless or indemnity
provisions binding upon the State, its
subdivisions or agencies, and
no such provisions shall be valid.

NO HOLD HARMLESS OR INDEMNITY PROVISIONS MADE
A PART OF ANY CONTRACT ENTERED INTO BY THE AU-
THORITY SHALL BE BINDING UPON THE STATE OR ITS
POLITICAL SUBDIVISIONS.

(4) No contract shall be signed by the Authority unless there is

by law provision for free access by the represented counties and per-

sons within these counties through and or across federally-owned

land to the Potomac River for all legitimate purposes which shall
include but not limited to water supply, waste discharges approved
by the State, and recreation.

THE CONTRACT SHALL NOT RESTRICT ACCESS AS PRO-
VIDED BY THE ACT OF AUGUST 1, 1953 (67 STAT. 359).

(5) THE TERMS OF A CONTRACT BETWEEN THE AU-
THORITY AND THE FEDERAL GOVERNMENT CAN BE RE-
NEGOTIATED UPON MUTUAL AGREEMENT OF THE
PARTIES.

95.

Except as provided in Section 96(c), the Authority shall not pledge
the faith and credit of the State, nor can it create any debt or obliga-
tion of the State, and any such pledge, debt or obligation, if created,
shall be invalid. The members of the Authority shall not be liable
as individuals for any contracts made on behalf of the Authority.

96.

(a) The Authority shall assess and collect charges for the pay-
ment of the Maryland share of the initial cost of the Project. Each