Section
38.01 Creation and definition
38.02 Upper Potomac River Commission
38.03 Corporate powers; acquisition of property; condemnation
38.04 Acceptance of grants; definition of terms
38.05 Negotiations authorized for obtaining free aid; contracts and agreements
38.06 Operation and maintenance of dams and reservoirs
38.07 Financial assistance from Allegany County
38.08 Conveyance or lease of lands
38.09 Violations and penalties
38.10 Repealer; effect of provisions upon state controls
(A) Boundaries constituted. The territory included within Allegany County and Election District No. 4 of Garrett County and the territory in Election District No. 1 of Garrett County owned by the Upper Potomac River Commission on January 1, 1941, all in the State of Maryland, are hereby made and constituted the Upper Potomac River District for the purposes hereinafter set forth and shall be known and cited as the “Upper Potomac River District.”
(B) Term defined. The word “District,” as hereinafter used, is defined to mean the Upper Potomac River District.
(1986 Code, § 114-1) (1957 Code, § 518; 1935, Ch. 409, § 1; 1941, Ch. 342, § 1)
(A) Creation, definition and jurisdiction. The Upper Potomac River Commission is hereby created and authorized to exercise, for the purpose herein set forth, all powers herein delegated to it. The word “Commission,” as used herein, is defined to mean the Upper Potomac River Commission. The District, for the purposes herein set forth and for no other purposes, shall be under the jurisdiction of the Commission.
(B) Membership and terms; administrative rules and regulations. The Commission shall be composed of 3 members. One shall be appointed by the County Commissioners of Garrett County and 1 by the County Commissioners of Allegany County and the third shall be named by the Governor of Maryland, the first appointments hereunder to be made on or before May 1, 1935, upon which date the terms of office shall begin. All appointees shall be residents and taxpayers of Allegany and Garrett Counties and shall serve for 6 years or until their successors are appointed and have qualified, except that the first members appointed by the County Commissioners of Garrett County and Allegany County shall serve for terms of 2 and 4 years, respectively, and their successors for 6 years, so that the term of 1 member of the Commission shall expire biennially. Upon the expiration of the terms of the members of the Commission, their successors shall be named in the same manner as the original appointments were made, except that each appointment shall be for a term of 6 years. Any vacancy occurring at any time in the personnel of the Commission shall be filled for the unexpired term by the agency making the original appointment. All members shall serve without compensation, but they shall be allowed any reasonable expenses incurred in the performance of their duties under this chapter. The Governor shall designate the Chairman of the Commission. In the event that either or both Boards of County Commissioners shall fail or neglect to appoint a member of the Upper Potomac River Commission as hereinbefore provided, then the Governor shall make such appointment or appointments for the full term or terms of such member or members. The Commission shall appoint, discharge at pleasure and fix the compensation of such engineering, legal, clerical and other force and help as, from time to time, in its judgment may be deemed necessary to carry out the provisions of this chapter. The Commission, for the convenience of the citizens of the District, may establish an office at a convenient place in the District. The Commission shall annually publish in at least 1 newspaper in Allegany County a full and true account of its receipts, expenses and expenditures. Prior to publication, the books and accounts of the Commission shall be audited by a certified public accountant, and the Commission may contract with a certified public accountant for that purpose. The Commission shall always keep available and open to public inspection during business hours, at its principal office, a detailed audit and financial statement of its accounts and shall furnish, upon request, copies of its actual statement of receipts, expenses and expenditures at a nominal charge to cover the actual cost of preparing such a statement.
(C) Removal from office. Any member of the Commission appointed by the respective County Commissioners may be removed from office for misfeasance or nonfeasance by a vote of the County Commissioners of either county, concurred in and approved by the Commissioners of the other county, and any member appointed by the Governor may be removed by the Governor for like cause; provided, however, that reasonable notice of charges and opportunity for hearing shall first be given any member of the Commission sought to be removed.
(1986 Code, § 114-2) (1957 Code, § 519; 1935, Ch. 409, § 2; 1947, Ch. 165; 1969, Ch. 119)
The members of the Commission shall be a body corporate by the name of the “Upper Potomac River Commission,” with the right to use a common seal, to sue and be sued and to do any and all other corporate acts for the purpose of carrying out the provisions of this chapter. The Commission shall have the power and authority to regulate the flow of water in the Upper Potomac River and its tributary rivers and streams within the District and, in pursuance of such power, may erect, build, install and maintain dams, reservoirs and such other structures with appurtenances and machinery deemed necessary for regulating the flow of water of said rivers or streams within the District for the purpose of carrying out the provisions or intentions of this chapter, and may enter into contracts and agreements with any federal agency or state or county for the better control of such flow of water. The Commission shall have full power to take, acquire and hold any land, structures or buildings or any streambed, waterway, roadway, right-of-way, water rights or watershed, either in fee or as an easement, within the District deemed necessary to carry out the provisions or intentions of this chapter, for the construction, extension or maintenance of any dam, reservoir or appurtenances thereto, and may purchase the same from the owners thereof or, failing to agree with the owner or owners, may condemn the same by proceedings in the Circuit Court for the county in which the land, structures or buildings, streambeds, waterways, roadways, rights-of-way, water rights or watersheds are located as provided for condemnation of land by public-service corporations under the Public General Laws of Maryland, and the Commission may likewise purchase or condemn the interest of any tenant, lessee or other persons having an interest in the land, structures or buildings, stream-beds, waterways, roadways, rights-of-way, water rights or watersheds. At any time after 10 days after the return or recording of the verdict of award in any such condemnation proceedings, the Commission may enter and take possession of the property so condemned upon first paying to the Clerk of the Court in which the proceeding may be pending the full amount of the award and all costs taxed to date, notwithstanding any appeal or further proceeding upon the part of the defendant or defendants. At the time of the payment, however, it shall give its corporate undertaking to abide by and fulfill any judgment on such appeal or further proceeding. The Commission shall have power of condemnation over land, structure and other property as above set forth for the purpose of this chapter, whether the same shall be taken in its name or in the name of the state or federal agency providing the money under the contracts and agreements hereinafter referred to, but if the Commission, in the exercise of its powers as aforesaid, permanently interferes with the use of any public road or roads and bridges, as the same are now located, it will, in that event, at its own expense, provide such new road or roads and bridges as may be necessary at new locations to take the place of any of those whose use is permanently interfered with.
(1986 Code, § 114-3) (1957 Code, § 520; 1935, Ch. 409, § 3)
(A) Authorization. The Commission is hereby authorized to accept from any state or any state or federal agency or from any political subdivision of any state or from any persons or corporations free grants of money or anything else for and/or in aid of the acquisition and/or construction and/or maintenance of any lands, structures, buildings, dams, impounding reservoirs, streambeds, waterways, roadways, rights-of-way, water rights or watersheds and appurtenances within the District and to enter into contracts for the free grant of money or anything else in aid of such purposes and powers with any state or federal agency.
(B) Terms defined.
(1) The term FEDERAL AGENCY shall mean the United States of America, the President of the United States, the Federal Emergency Administration of Public Works or other such agencies as may be designated or created to make grants or loans pursuant to the National Industrial Recovery Act of Congress of the United States of America, approved June 16, 1933, or any Acts amendatory thereof or any Acts supplemental thereto or revisions thereof or any further Acts of the Congress of the United States of America to encourage public works, to reduce unemployment and thereby to assist in national recovery and to promote the public welfare or to regulate the flow of navigable or other streams or to conserve water resources.
(2) The term STATE, as used herein, shall mean any state of the United States and shall include any board, commission or other agency or subdivision of such state and shall mean and include 2 or more states or agencies thereof acting jointly.
(1986 Code, § 114-4) (1957 Code, § 521; 1935, Ch. 409, § 4]
Immediately after April 29, 1935, and the organization of the Commission, it shall enter into negotiations with the state or federal agencies as may be empowered to grant and/or furnish free funds to the Commission to carry out the purposes of this chapter, and it is empowered to make any and all contracts and agreements requisite for the purpose of obtaining, by free grant or gift, all or any part of the amount of money necessary to purchase the land, structures or buildings or streambeds, waterways, roadways, rights-of-way, water rights or watersheds necessary to carry out the purposes of this chapter and for the construction of all dams, reservoirs, structures, appurtenances and machinery necessary for the control of the flow of water, as aforesaid, and for surveys and preliminary operations incidental to the construction of dams, reservoirs, and the like, contemplated hereunder, and also to accept the same outright in the form of a free grant or gift. In the event the Commission shall be successful in negotiations and shall make contracts or agreements for the obtaining free aid, then and in that event it shall begin the operations required under such contracts or agreements and in the manner set forth in the contracts or agreements, it being the intention of this chapter that the Commission shall not bind itself nor the County Commissioners for Allegany or Garrett County to the expenditure of any moneys for the capital outlay necessary for the land, structures, dams, reservoirs, and the like, or the preliminaries necessary for the acquisition or construction, except as is hereinafter provided for.
(1986 Code, § 114-5) (1957 Code, § 522; 1935, Ch. 409, § 5)
Loading...