SB 454 H ANR AM 2-28

JW - 3909

            Delegate Sponaugle moves to amend the bill on page 6, line 92, following subdivision (3), by adding a new subdivision, designated subsection (4), to read the follows:

            “(4) Not withstanding any provisions of this article, no owner of real property, land, upon which a dam is constructed pursuant to public law 78-534, section 13 of the Flood Control Act of 1944; Public Law 83-566, the Watershed protection and Flood Prevention Act of 1954; the pilot watershed program authorized under the heading “flood prevention” of the Department of Agriculture Appropriation Act of 1954, public law 156, 67 Stat. 214; or Subtitle H of Title XV of the Agriculture and Flood Act of 1981, commonly known as the Resource Conservation and Development Program, 16 U.S.C. §3451 shall be responsible for or liable for any repairs, maintenance, or damage arising from regular operation, maintenance, deficiencies or ownership of said dam. Nor shall an owner be cited as a non-complaint owner or for any deficiencies of said dam. Provided, That the land owner shall not intentionally harm or damage, or cause or interfere with the regular operation, maintenance of said dam.”