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<br />~58 <br /> <br />suggested that one of the attorneys representing:the <br />petitioners in the Ellicott Basin would prepare his <br />recommendations in'.rough form and submit them to this <br />office. To date, I have not receivea his suggestions. <br /> <br />I <br /> <br />The work load in this office has been such that I <br />have been unable to prepare recommended rules and <br />regulations. We have discussed the matter in the office <br />and it has' been discussed with Mr. Chilson. <br /> <br />One troublesome question concerns the necessity or <br />desirability that the rules and regulations contain a <br />provision which sets standards for the presentation of <br />a sufficient quantum of evidence to convince the Board <br />that the proposed district in fact includes an inclosed <br />underground water basin. Such a provision might well <br />require a statement in the application for determination <br />of a district of a synopsis of the evidence which would <br />tend to establish the existence and extent of the basin, <br />and a further provision for the quantum that must. be <br />presented at the time of the hearing. <br /> <br />We seem to be agreed that the regulations must make <br />provision for adequate notice by publication, or other- <br />wise, to persons who would be affected by the formation <br />of a district. <br /> <br />The formation of the Ellicott District has generated <br />considerable interest, and the writer has been contacted <br />by various parties interested in the matter.. This amount <br />of interest leads to the obvious conclusion that the Board <br />must exercise great care in the adoption of these rules <br />and regulations, since it appears that substantial interests <br />may be affected by the organization of this and other dis- <br />tricts. If the rules and regulations do not adequately <br />provide for both procedural and 'substantive due process, it <br />is probable that any organization of a district may be sub- <br />jected to direct or collateral attack if and when the dis- <br />trict proceeds to the adoption of rules and regu~ations. <br /> <br />This matter will continue to be given our full attention, <br />and we trust that a formal proposed draft will be available <br />for the Board at the time of its next meeting. <br /> <br />Yours very truly <br /> <br />I <br /> <br />/s/ John B. Barnard, Jr. <br />