Title 5. Water Resources — Subtitle 4. Maryland Potomac Water Authority

In this subtitle the following words have the meanings indicated.

“Authority” means Maryland Potomac Water Authority.

“Federal government” means:

“Initial cost” means the portion of water supply costs of the project which nonfederal entities must contract to repay prior to construction of the project. Actual payment of initial cost may be extended over a 50-year period beginning when augmented flow first is available from the project.

“Non-Maryland user” means a user not assessable by a represented county.

“Potomac River” means the main stem and North Branch of the Potomac River and its tributaries in those reaches below the augmented average flow surface level of the main stem and North Branch.

“Project” means a federally constructed dam, reservoir, and appurtenances on the North Branch of the Potomac River, commonly referred to as the Bloomington Dam project.

“Represented county” means any county enumerated in this subtitle as being within the district.

“The district”, unless otherwise indicated in the text to mean the District of Columbia, means the area of jurisdiction of the Authority, which includes the following counties: Allegany, Frederick, Garrett, Montgomery, Prince George’s, and Washington.

“User” means any person who uses water from the Potomac River for any purpose without regard to whether or not the water is consumed, altered, or replaced.

A member serves without compensation but shall be reimbursed for necessary travel expenses and disbursements incurred performing the member’s official duties.

Reservoir regulation to increase or decrease downstream flows for water supply purposes shall conform to a schedule agreed on in writing between the Authority and the federal government;

Any contract, revision, or change of any part of the agreement, prior to becoming effective, shall be reviewed by the Department and, as to legality, by the Attorney General;

No hold harmless or indemnity provision made a part of any contract the Authority enters into may bind the State or any of its political subdivisions;

The contract may not restrict access as provided by the Act of August 1, 1953 (67 Stat. 359); and

The terms of a contract between the Authority and the federal government may be renegotiated upon their mutual agreement.

The Authority shall assess and collect charges for payment of the State’s share of the initial cost of the project. Each represented county is assessed at a rate calculated from a cost-sharing formula based on a withdrawal ratio calculated as the sum of the average daily withdrawals from the Potomac River by all represented counties and non-Maryland users during the month of maximum withdrawal in the preceding calendar year divided into the average daily withdrawals for the county from the Potomac River during the same month.

The Authority shall assess non-Maryland users subject to appropriation requirements in § 5-502 of this title based on a rate calculated by the same means used for assessment of represented counties. The Authority shall collect assessed charges from non-Maryland users in a manner the Authority prescribes.

The Authority may enter into any contract or agreement with the government of the District of Columbia for the District of Columbia to pay the Authority its equitable share of initial cost of the project. The contract shall contain provisions to which the Authority and the government of the District of Columbia agree and may include provisions to ascertain the District of Columbia’s equitable share of costs, periodic revision of the amount of that share, and other cost payments by the District of Columbia. Any executed contract or agreement has full force and effect as a contract between the District of Columbia and the State.

An assessment of charges shall be: