Delaware Code § 7-7203

Jurisdiction
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(a) The Secretary shall have jurisdiction over any project involving ungranted subaqueous lands owned by the State, and shall have
jurisdiction and authority to convey a fee simple of lesser interest or to grant an easement with respect to all projects involving these
lands. All jurisdiction and authority remaining in the State as to subaqueous lands for which leases have been made or may be made is
invested in the Secretary.
(b) Owners of private subaqueous lands must obtain a permit from the Department before making any use of such lands which may
contribute to the pollution of public waters, infringe upon the rights of the public, infringe upon the rights of other private owners or
make connection with public subaqueous lands.

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