A watershed association may acquire any right–of–way, easement, or other property right necessary to construct and maintain the watershed project for: watershed protection; flood prevention; recreation; soil conservation; drainage; and the conservation, development, storage, use, and disposal of water for any beneficial purpose. A watershed association shall submit to the clerk of the circuit court in the appropriate county a book, to be known as the “easement record”, that contains each easement for maintenance or right–of–way, according to the original design specifications or for not less than 20 feet, that the watershed association has in the county. A watershed association shall keep the easement record current. The clerk of a circuit court shall make an easement record available for inspection by the public.

For a watershed project that consists of stream channel improvement or drainage, the board of directors shall acquire any right–of–way or easement necessary to construct and maintain the channel improvements to dispose of excavated material according to standards of good engineering practice.

For a watershed project that consists of stream channel improvement or drainage, the board of directors of a watershed association in Charles County shall acquire any right–of–way or easement necessary to construct and maintain the drainage improvements and to dispose of excavated material according to standards of good drainage practice, regardless of the date that the watershed association was formed.

If a landowner refuses to accept the damages awarded to the landowner by the board of viewers and approved by the county commissioners, county council, or Mayor and City Council of Baltimore City and refuses the necessary access to the landowner’s land, the board of directors may begin condemnation proceedings under Title 12 of the Real Property Article to acquire a right–of–way, easement, or other property right. This title does not authorize the use of condemnation proceedings to acquire the right to use water separate and apart from the land to which the water is incident.