WILLIAM DONALD SCHAEFER, Governor Ch. 384

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

Article - Natural Resources

8-802.

(a) Every person is required to obtain a permit from the
Department to appropriate or use, or begin to construct any
plant, building, or structure which may appropriate or use any
waters of the State, whether surface or underground. The permit
is obtained upon written application to the Department. The
applicant shall provide the Department with satisfactory proof
that issuing the permit will not violate the State's water
quality standards or jeopardize its natural resources.

[(b) Except for devices that use aquifers for domestic
heating or cooling, this section does not apply to use of water
for domestic and farming purposes, use of water for an approved
water supply of any municipality if the use was in effect on July
1, 1969, or to any particular use in existence on January 1,
1934, if that use has not been abandoned.]

(B)  THIS SECTION DOES NOT APPLY TO USE OF WATER FOR:

(1)  DOMESTIC PURPOSES OTHER THAN FOR HEATING AND
COOLING;

(2)  AGRICULTURAL PURPOSES, IF THE AVERAGE ANNUAL
WATER USE IS LESS THAN 10,000 GALLONS PER DAY, EXCEPT AS PROVIDED
IN SUBSECTION (C)(2) OF THIS SECTION.

(C)  (1) THE DEPARTMENT SHALL ISSUE A PERMIT TO A PERSON
USING WATER PRIOR TO JULY 1, 1988 FOR AGRICULTURAL PURPOSES UPON
WRITTEN APPLICATION TO THE DEPARTMENT.

(2) A PERSON USING LESS THAN AN ANNUAL AVERAGE OF
10,000 GALLONS OF WATER PER DAY FOR AGRICULTURAL PURPOSES MAY
APPLY FOR A PERMIT TO APPROPRIATE OR USE WATERS OF THE STATE.

(D)  WHEN THE DEPARTMENT DETERMINES THAT A WATER SUPPLY
EMERGENCY EXISTS AND AVAILABLE WATER SUPPLIES ARE INADEQUATE IN
AN AREA TO MEET THE NEEDS OF ALL PERSONS WHO HAVE PERMITS UNDER
THIS SUBTITLE, THE FOLLOWING USES SHALL HAVE PRIORITY FOR
APPROPRIATION OR USE OF WATER IN THE ORDER LISTED:

(1)  DOMESTIC AND MUNICIPAL USES FOR SANITATION,
DRINKING WATER, AND PUBLIC HEALTH AND SAFETY;

(2)  AGRICULTURAL USES INCLUDING THE PROCESSING OF
AGRICULTURAL PRODUCTS; AND

(3)  ALL OTHER USES.

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