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Show Chapter 20. MARYLAND CONTENTS Page 1. Development of Maryland Water Law___________________________ 371 2. State Organizational Structure for Water Administration and Control. _ 372 2.1 Administration of Water Rights------------------------------------ 372 2.2 Resolution of Water Use Conflicts______________________ 373 2.3 Other Agencies Having Water Resource Responsibilities----- 373 3. Surface Waters______________________________________________ 376 3.1 Method of Acquiring Rights___________________________ 376 3.2 Nature and Limit of Rights___________________________ 377 3.3 Changes, Sales, and Transfers__________________________ 378 3.4 Loss of Rights______________________________________ 378 3.5 Storage Waters, Artificial Lakes, and Ponds______________ 379 3.6 Springs____________________________________________ 379 3.7 Diffused Surface Waters______________________________ 380 4. Ground Water______________________________________________ 381 Publications Available__________________________________________ 382 DISCUSSION 1. Development of Maryland Water Law Prior to 1934, Maryland adopted the riparian system of water rights as the basis for resolving legal disputes among riparian owners on a natural watercourse. In 1934, a permit system was introduced.1 In the statute, separate provisions apply to (1) permits for the right to appropriate or use both surface and ground water; and (2) permits for the construction of reservoirs, dams, and waterway obstructions. The permit system was later expanded to include underground wells. The statutes have been amended from time to time since their enactment. Section 11 of the 1934 legislation recites that it is the policy of the State to control "so far as practicable" the appropriation and use of surface and underground water and the construction of reser- voirs and dams. It is expressly made unlawful after the effective date of the act (Jan. 1, 1934) to appropriate or use any "waters of the State"2 without first acquiring a written permit from the Depart- ment of Water Eesources. The effectiveness of the permit system has been diluted somewhat by numerous exceptions contained in the act. In the first place, it does not apply to any use of water in existence on January 1, 1934. There 18b Md. Code Ann., art 96A, sees. 1 through 22 (and 1971 supp.). For convenience, the sections of this article will hereafter be referred to simply by sections. The Mary- land statute is briefly discussed in S. Plager and F. Maloney, Emergency Patterns for Regulation of Consumptive Use of Water in the Eastern United States. 43 Ind. L.J. 383. 390-91 (1968). 2 "Waters of the State" are denned in see. 2 to include: (1) both surface and under- ground waters within the boundaries of the State, including that portion of the Atlantic Ocean within the boundaries of the State, the Chesapeake Bay and its tributaries; (2) all ponds, lakes, rivers, streams, public ditches, tax ditches, and public drainage systems within the State, except those designed for the disposal of sewage; and (3) the flood plain of free-flowing waters as determined by the Department on the basis of the 50-year flood frequency. 371 499-242-73------25 |