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Show 372 MARYLAND is a proviso, however, that such uses are subject to abandonment after that date. Eiparian rights in actual use as of the date of the act are therefore preserved; unused riparian rights are impliedly extin- guished. A later section provides that the act shall not be construed "so as to impair any riparian or other vested right."3 Unused riparian rights are probably not intended to be protected by this language. No case has come before the Maryland Court of Appeals on the con- stitutionality of extinguishing unused riparian rights under the permit system.4 A second exception relates to the use of water for "domestic" and "farming" purposes. The terms are not defined in the act. The pro- vision would seem to include water for irrigation purposes, but this may not be particularly significant in a State with abundant rainfall. A third exception relates to water for municipalities. The statute originally read that nothing in the act should be construed to apply to the "use of water for an approved water supply of any municipal- ity." This would give any municipality a right to appropriate water at any time without a permit. In 1969, the phrase "if the use was in effect on July 1, 1969" was added to the quoted provision. After the statutory cutoff date, a municipality would have to apply for a permit. Section 12 of the statute, dealing with permits for the construction or repair of reservoirs, dams or waterway obstructions, was amended recently to eliminate a number of previously allowed exceptions. Ex- cepted at the present time from the permit requirement are small ponds having a contributory drainage area of less than one square mile (640 acres), a normal depth of water less than 15 feet above the original streambed, and a normal surface area of less than 12 acres, except all waste water stabilization ponds. Section 21 of the act contains a few general execptions, in addition to the provision protecting vested riparian rights, referred to above. For example, any special acts of the General Assembly granting water appropriation rights to the City of Baltimore are in no way affected. 2. State Organizational Structure for Water Administration and Control 2.1 Administration of Water Rights The permit system was originally administered by the Department of Geology, Mines and Water Eesources. In 1969, it was consolidated with the Water Pollution Control Commission in a new agency, the Department of Water Eesources.5 The Department of Water Ee- sources is a division of the Department of Natural Eesources.6 In addition to the Department of Water Eesources, there is a Water Ee- sources Commission, consisting of five members. Its primary function seems to be that of an advisory and factfinding body for the Director of the Department of Water Eesources.7 An application to appropri- ate or use waters within the State must be filed with the Department of Water Eesources. * Sec. 21. * See the discussion of Board of Publio Works v. Lamar, sec. 2.3 (b), Infra. 5 Sees. 1 to 3 (1971 supp.). 8 Art. 66C, sees. 1 to 5 (1970 repl. vol. and 1971 supp.). T Art. 96A, sees. 4 and 5 (1971 supp.). |