HARRY HUGHES, Governor

3741

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Agriculture

8-603.

(A) (1) "AGRICULTURAL DRAINAGE PROJECT" MEANS THE
CONSTRUCTION, RECONSTRUCTION, OR REPAIR, OR THE STRAIGHTENING,
WIDENING, OR DEEPENING, OF ANY DITCH, DRAIN, CANAL, OR OTHER
WATERCOURSE, NATURAL OR MAN-MADE, CONTROLLED OR OWNED FINANCED OR
MANAGED BY A PUBLIC DRAINAGE ASSOCIATION FOR THE PURPOSE OF
LOWERING THE WATER LEVEL IN THE SOIL OF ADJACENT LANDS FOR
AGRICULTURAL PURPOSES.

(2)  "DEPARTMENT" MEANS THE DEPARTMENT OF AGRICULTURE
OR HEALTH AND MENTAL HYGIENE OR NATURAL RESOURCES OR ANY
COMBINATION OF THEM.

(3)  "PERSON" INCLUDES AN INDIVIDUAL, RECEIVER,
FIDUCIARY OR REPRESENTATIVE OF ANY KIND, OR ANY PARTNERSHIP,
FIRM, ASSOCIATION, PUBLIC OR PRIVATE CORPORATION, TRUST, OR ANY
OTHER ENTITY.

(4)  "SECRETARY" MEANS THE SECRETARY OF AGRICULTURE
UNLESS THE CONTEXT REQUIRES OTHERWISE.

(B)  THE GENERAL ASSEMBLY DETERMINES AND FINDS THAT THE
LANDS AND WATERS COMPRISING THE WATERSHEDS OF THE STATE ARE GREAT.
NATURAL ASSETS AND RESOURCES. IT CONTINUES TO FIND THAT THE
DRAINAGE OF SURFACE WATERS FROM LANDS FOR AGRICULTURAL PURPOSES
BY PUBLIC DRAINAGE ASSOCIATIONS REPRESENTS A PUBLIC BENEFIT. AS
A RESULT OF EROSION AND SEDIMENT DEPOSITS ON LANDS AND IN WATERS
WITHIN THE WATERSHEDS OF THE STATE, A PORTION OF WHICH RESULTS
FROM DRAINAGE OF AGRICULTURAL LANDS WITHOUT APPROPRIATE DESIGNS
AND CONTROLS, THESE WATERS ARE BEING POLLUTED AND DESPOILED TO
SUCH A DEGREE, THAT FISH, MARINE LIFE, AND RECREATIONAL USE OF
THE WATERS ARE BEING ADVERSELY AFFECTED. THE GENERAL ASSEMBLY
FURTHER FINDS THAT AGRICULTURAL DRAINAGE PROJECTS, IF NOT
PROPERLY DESIGNED, OPERATED, AND MAINTAINED, HAVE THE POTENTIAL
TO CONTRIBUTE NONPOINT SOURCE POLLUTANTS TO THE WATERS OF THE
STATE.

(C)  TO PROTECT THE NATURAL RESOURCES OF THE STATE, THE
SECRETARY AND THE SECRETARIES OF NATURAL RESOURCES AND HEALTH AND
MENTAL HYGIENE, SHALL JOINTLY PROMULGATE BY REGULATION ON OR
BEFORE JANUARY 1, 1985, CRITERIA FOR THE DESIGN, CONSTRUCTION,
OPERATION, AND MAINTENANCE OF AGRICULTURAL DRAINAGE PROJECTS
WHICH WILL ASSURE, TO THE MAXIMUM EXTENT PRACTICABLE, THE
PREVENTION OF POLLUTION OF THE WATERS OF THE STATE. THESE RULES
AND REGULATIONS SHALL CONTAIN STANDARDS OF REVIEW BY THE 3
SECRETARIES THAT RECOGNIZE THE REGULATORY ISSUES TO BE CONSIDERED
BY EACH AND MINIMIZE DUPLICATION. THE RULES AND REGULATIONS
SHALL ALSO ESTABLISH PROCEDURES FOR ADMINISTRATIVE HEARINGS AND
PROVIDE FOR CONSOLIDATION WHERE DIFFERENT DEPARTMENTS HAVE