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This entry was published on 2014-09-22
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SECTION 15-2133
Operation of reservoirs
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 15, TITLE 21
§ 15-2133. Operation of reservoirs.

1. The board shall not permit the water in any reservoir constructed
under the provisions of title 21 of this article to rise above the high
flow line thereof, except during floods or other emergencies, and if
during floods or other emergencies the water shall rise above such high
flow line the board shall immediately open the outlet gates in such
reservoir and take such other action as may be necessary to lower the
water to the high flow line of such reservoir with the least practicable
delay. The board shall keep an accurate and, so far as practicable,
continuous record of the height of water in each reservoir and shall
install and maintain at suitable places such gauges or instruments as
may be necessary therefor.

2. Except for absolutely necessary inspection or repairs, no reservoir
shall at any time be drawn off below the low flow line, or to such
extent as to expose isolated pools which may cause unsanitary
conditions, unless due provision is made for draining such pools into
the lowest water level of such reservoir. It shall be unlawful for any
officer or person in charge of any reservoir to neglect the provisions
of this section.

3. It shall be unlawful for any person to open or close or cause to be
opened or closed a gate or gates in any dam constructed pursuant to the
provisions of this title without the consent of the board or for any
person to interfere in any way with the operation of, or injure a
regulating reservoir.

4. When the flow of a river at any water power plant thereon falls
below the average normal flow thereof, the then natural flow of the
river at a reservoir dam thereon shall not be restricted without the
consent of the owner of such power plant.

5. No regulating reservoir shall be constructed pursuant to the
provisions of title 21 of this article of a capacity greater than is
required to maintain the average flow.

6. The expense of maintenance and operation of any existing reservoirs
shall be paid as now provided by law until such reservoirs are taken
over by the board pursuant to the provisions of title 21 of this
article, and thereafter such expense shall be paid as herein provided
for the maintenance and operation of reservoirs constructed pursuant to
title 21 of this article.