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1104 LAWS OF MARYLAND [Ch. 4
COMMISSION AS IT MAY DEEM NECESSARY OR DESIRABLE.
11.2. DETERMINATION OF PROTECTED AREA. —THE
COMMISSION, FROM TIME TO TIME AFTER PUBLIC HEARING
UPON DUE NOTICE GIVEN, MAY DETERMINE AND DELINEATE
SUCH AREAS WITHIN THE BASIN WHEREIN THE DEMANDS UPON
SUPPLY MADE BY WATER USERS HAVE DEVELOPED OR THREATEN
TO DEVELOP TO SUCH A DEGREE AS TO CREATE A WATER
SHORTAGE OR IMPAIR OR CONFLICT WITH THE REQUIREMENTS
OR EFFECTUATION OF THE COMPREHENSIVE PLAN, AND ANY
SUCH AREA MAY BE DESIGNATED AS A PROTECTED AREA, WITH
THE CONSENT OF THE MEMBER OR MEMBERS FROM THE AFFECTED
STATE OR STATES. THE COMMISSION, WHENEVER IT
DETERMINES THAT SUCK SHORTAGE NO LONGER EXISTS, SHALL
TERMINATE THE PROTECTED STATUS OF SUCH AREA AND SHALL
GIVE PUBLIC NOTICE OF SUCH TERMINATION.
11.3. DIVERSION AND WITHDRAWAL PERMITS. —IN
ANY PROTECTED AREAS SO DETERMINED AND DELINEATED, NO
PERSON SHALL DIVERT OR WITHDRAW WATER FOR DOMESTIC,
MUNICIPAL, AGRICULTURAL, OR INDUSTRIAL USES IN EXCESS
OF SUCH QUANTITIES AS THE COMMISSION MAY PRESCRIBE BY
GENERAL REGULATIONS, EXCEPT (1) PURSUANT TO A PERMIT
GRANTED UNDER THIS ARTICLE, OR (2) PURSUANT TO A
PERMIT OR APPROVAL HERETOFORE GRANTED UNDER THE LAWS
OF ANY OF THE SIGNATORY STATES.
11.4. EMERGENCY. —
(A) IN THE EVENT OF A DROUGHT WHICH MAY CAUSE AN
ACTUAL AND IMMEDIATE SHORTAGE OF AVAILABLE WATER
SUPPLY WITHIN THE BASIN, OR WITHIN ANY PART THEREOF,
THE COMMISSION AFTER PUBLIC HEARING UPON DUE NOTICE
GIVEN, MAY DETERMINE AND DELINEATE THE AREA OF THE
SHORTAGE AND BY UNANIMOUS VOTE DECLARE A DROUGHT
EMERGENCY THEREIN. FOR THE DURATION OF THE DROUGHT
EMERGENCY AS DETERMINED BY THE COMMISSION, IT
THEREUPON MAY DIRECT INCREASES OR DECREASES IN ANY
ALLOCATIONS, DIVERSIONS, OR RELEASES PREVIOUSLY
GRANTED OF REQUIRED, FOR A LIMITED TIME TO MEET THE
EMERGENCY CONDITION.
(B) IN THE EVENT OF A DISASTER OR CATASTROPHE
OTHER THAN DROUGHT, NATURAL OR MANMADE, WHICH CAUSES
OR MAY CAUSE AN ACTUAL AND IMMEDIATE SHORTAGE OF
AVAILABLE AND USABLE WATER, THE COMMISSION BY
UNANIMOUS CONSENT MAY IMPOSE DIRECT CONTROLS ON THE
USE OF WATER AND SHALL TAKE SUCH ACTION AS IS
NECESSARY TO COORDINATE THE EFFORT OF FEDERAL, STATE,
AND LOCAL AGENCIES AND OTHER PERSONS AND ENTITIES
AFFECTED.
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