Title: Delaware River Basin Compact, Oct. 27, 1961
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 Material Information
Title: Delaware River Basin Compact, Oct. 27, 1961
Physical Description: Book
Language: English
Publisher: Delaware River Basin Commission
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collectiion - Jake Varn Collection - Delaware River Basin Compact, Oct. 27, 1961 (JDV Box 39)
General Note: Box 29, Folder 23 ( Water Statutes - Other States - 1900s ), Item 1
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: WL00004749
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
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Full Text





DELAWARE RIVER BASIN
COMPACT


1961


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DELAWARE RIVER BASIN

COMPACT









Published by the
Delaware River Basin Commission
January 1967


















Copies of this compact may be obtained from the office of the
Delaware River Basin Commission, 25 Scotch Road,
Trenton, New Jersey









DELAWARE RIVER BASIN COMMISSION*


Malcolm Wilson
Governor of New York

Ronald W. Pedersen, Alternate





Sherman W. Tribbitt
Governor of Delaware

John C. Bryson, Alternate


Brendan T. Byrne
Governor of New Jersey

David J. Bardin, Alternate





Milton J. Shapp
Governor of Pennsylvania

Maurice K. Goddard, Alternate
Carmen F. Guarino, Advisor


Rogers C. B. Morton
Secretary of the Interior
Appointed by the President


Thomas F. Schweigert, Alternative

Col. C. A. Selleck, Advisor





James F. Wright
Executive Director


W. Brinton Whitall
Secretary


William Miller
General Counsel


* As of July 1, 1974














TABLE OF CONTENTS

PART 1
COMPACT
PAGE
PREAM BLE ..... .................................. ........ ............. 1

ARTICLE 1-Short Title, Definitions, Purpose and Limitations ............ 3
Section 1.1 Short Title ....................................... 3
Section 1.3 -Definitions ...................................... 3
Section 1.3 -Purpose and Findings ............................. 5
Section 1.4 -Powers of Congress; Withdrawal ................... 5
Section 1.5 -Existing Agencies; Construction .................... 6
Section 1.6 -Duration of Compact .............................. 6

ARTICLE 2-Organization and Area .....................................**** 6
Section 2.1 Commission Created ............................... 6
Section 2.2 -Commission Membership ........................... 6
Section 2.3 Alternates .............................. ....... 6
Section 2.4 -Compensation ....................... ......... 7
Section 2.5 Voting Power ................................... 7
Section 2.6 -Organization and Procedure ........................ 7
Section 2.7 -Jurisdiction of the Conmmission ..................... 7

ARTICLE 3-Powers and Duties of the Commission ....... ........... 7
Section 3.1 Purpose and Policy ............................... 7
Section 3.2 -Comprehensive Plan, Program and Budgets .......... 8
Section 3.3 -Allocations, Diversions and Releases ................. 8
Section 3.4 -Supreme Court Decree; Waivers .................... 9
Section 3.5 -Supreme Court Decree; Specific Limitations on Com-
mission ................................- ......... 9
Section 3.6 -General Powers .................................. 10
Section 3.7 -Rates and Charges ................................ 11
Section 3.8 -Referral and Review ............................. 11
Section 3.9 -Coordination and Cooperation ...................... 12
Section 3.10-Advisory Committees ................. ........... 12

ARTICLE 4-Water Supply ........................................ 12
Section 4.1 Generally ........................................ 12
Section 4.2 -Storage and Release of Waters ..................... 13
Section 4.3 -Assessable Improvements ......................... 13
Section 4.4 Coordination ..................................... 13
Section 4.5 -Additional Powers .................................. 13

ARTICLE 5-Pollution Control ......................................... 14
Section 5.1 -General Powers ................................. 14
Section 5.2 -Policy and Standards ............................ 14










PAGE
Section 5.3 -Cooperative Legislation and Administration .......... 14
Section 5.4 Enforcement ..................................... 15
Section 5.5 -Further Jurisdiction ............................. 15

ARTICLE 6-Flood Protection ..... ........................... ......... 15
Section 6.1 -General Powers ................................... 15
Section 6.2 -Flood Plain Zoning .............................. 16
Section 6.3 -Flood Lands Acquisition .......................... 16
Section 6.4 -Flood and Stream Stage Warnings and Posting ...... 16

ARTICLE 7- Watershed Management .................................. 17
Section 7.1 -Watersheds Generally ............................ 17
Section 7.2 -Soil Conservation and Forestry .................... 17
Section 7.3 -Fish and Wildlife ................................ 17
Section 7.4 -Cooperative Planning and Operation ................ 17

ARTICLE 8-Recreation ............................. ................ 17
Section 8.1 Development ..................................... 17
Setcion 8.2 -Cooperative Planning and Operation ................ 17
Section 8.3 -Operation and Maintenance ........................ 18
Section 8.4 Concessions ...................................... 18

ARTICLE 9-Hydroelectric Power ................................... 18
Section 9.1 -Development .................................... 18
Section 9.2 -Power Generation ................................. 18
Section 9.3 -Transmission .................................... 18
Section 9.4 -Development Contracts ............................ 19
Section 9.5 -Rates and Charges ............................... 19

ARTICLE 10-Regulation of Withdrawals and Diversions ................ 19
Section 10.1 -Power of Regulation ............................ 19
Section 10.2 -Determination of Protected Areas ................... 19
Section 10.3 -Withdrawal Permits ............................. 19
Section 10.4 -Emergency ....................................... 20
Section 10.5 -Standards ....................................... 20
Section 10.6 -Judicial Review ................................. 20
Section 10.7 -Maintenance of Records ........................... 20
Section 10.8 -Existing State Systems ........................... 20

ARTICLE 11-Intergovernmental Relations ............................ 21
Section 11.1 -Federal Agencies and Projects ..................... 21
Section 11.2 -State and Local Agencies and Projects ............... 21
Section 11.3 -Reserved Taxing Powers of States .................. 22
Section 11.4 -Project Costs and Evaluation Standards ............. 22
Section 11.5 -Cooperative Services ............................. 22

ARTICLE 12-Capital Financing ................................ 23
Section 12.1 -Borrowing Power ................................ 23
Setcion 12.2 -Funds and Expenses ................. ............. 23
Section 12.3 -Credit Excluded: Officers, State and Municipal ....... 23










PAGE
Section 12.4 -Funding and Refunding .......................... 23
Section 12.5 -Bonds; Authorization Generally .................... 24
Section 12.6 -Bonds; Resolutions and Indentures Generally ......... 24
Section 12.7 -Maximum Maturity .............................. 25
Section 12.8 -Tax Exemption ................................ 25
Section 12.9 Interest ........................................... 25
Section 12.10-Place of Payment ............................... 26
Section 12.11-Execution ...................................... 26
Section 12.12-Holding Own Bonds ............................. 26
Section 12.13-Sale ............................................ 26
Section 12.14-Negotiability .................................... 27
Section 12.15-Legal Investments ............................... 27
Section 12.16-Validation Proceedings ........................... 27
Section 12.17-Recording ..................................... 27
Section 12.18-Pledged Revenues ............................... 27
Section 12.19-Remedies ...................................... 27
Section 12.20-Capital Financing by Signatory Parties; Guarantees .. 28

ARTICLE 13-Plan, Program and Budgets ............................. 29
Section 13.1 -Comprehensive Plan ............................. 29
Section 13.2 -Water Resources Program ......................... 29
Section 13.3 -Annual Current Expense and Capital Budgets ........ 30

ARTICLE 14-General Provisions .................................... 31
Section 14.1 -Auxiliary Powers of Commission; Functions of Com-
missioners ........................................ 31
Section 14.2 -Regulations; Enforcement ......................... 32
Section 14.3 -Tax Exemption ................................... 32
Section 14.4 -Meetings; Public Hearing; Records, Minutes ......... 33
Section 14.5 -Officers Generally ............................... 33
Section 14.6 -Oath of Office ................................... 34
Section 14.7 -Bond ........................................... 34
Section 14.8 -Prohibited Activities ............................. 34
Section 14.9 -Purchasing ..................................... 34
Section 14.10-Insurance ....................................... 35
Section 14.11-Annual Independent Audit ........................ 35
Section 14.12-Reports ........................................ 36
Section 14.13-Grants, Loans or Payments by States or Political Sub-
divisions ......................................... 36
Section 14.14-Condemnation Proceedings ....................... 37
Section 14.15-Conveyance of Lands and Relocation of Public Facilities 38
Section 14.16-Rights of Way .................................. 38
Section 14.17-Penal Sanction ................................. 39
Section 14.18-Tort Liability .................................. 39
Section 14.19-Effect on Riparian Rights ......................... 39
Section 14.20-Amendments and Supplements .................... 39
Section 14.21-Construction and Severability ...................... 39
Section 14.22-Effective Date; Execution .......................... 40













PART II
EFFECTUATION
PAGE

UNITED STATES: (from Public Law 87-328, 75 Stat. 688)
15.1-Reservations ............................................ 42
15.2-Effectuation .............................................. 47
15.3- Effective Date .................... ..................... 47

DELAWARE: (from 53 Delaware Laws, Chapter 71)
$ 1011-Repealer .............................................. 47
1012-Effectuation by Chief Executive .......................... 47
1013- Effective Date ......................... ... ............ 47

NEW JERSEY: (from New Jersey Laws of 1961, Chapter 13)
15.1-Repealer ................................................ 47
15.2-Effectuation by Chief Executive ............................ 47
15.3-Effective Date ............................................. 47

NEW YORK: (from New York Laws of 1961, Chapter 148)
S631-Commissioner and Alternate ............................... 47
4 632- Advisors ............................................ .. 48
633-Consent to Alteration of Diversions ......................... 48
S634- Jurisdiction of Courts .................................... 49
635-Prior to Project Approval ................................. 49
636-Agreements with Municipalities ............................. 49
637- Delegations of Power ..................................... 49
$ 638- Cooperative Services .................. .................. 50
639- Budget ............................ ... ................. 50
640-Audit ......................... ......................... 50
S641- Inconsistent Laws ........................................ 50
2- Effectuation ............................................. 50
3- Effective Date .................... ... ............... 50

PENNSYLVANIA: (from Pennsylvania Acts of 1961, Act No. 268)
2-Repealer .................................................... 51
3- Effectuation by Chief Executive ............................... 51
4-Effective Date ............................................... 51













DELAWARE RIVER BASIN COMPACT

United States: Public Law 87-828, Approved September
27, 1961, 75 Statutes at Large 688.
Delaware: 53 Delaware Laws, Chapter 71, Approved
May 26, 1961.
New Jersey: Laws of 1961, Chapter 18, Approved
May 1, 1961.
New York: Laws of 1961, Chapter 148, Approved
March 17, 1961.
Pennsylvania: Acts of 1961, Act No. 268, Approved
July 7, 1961.

PART I

COMPACT
Whereas the signatory parties recognize the water and related
resources of the Delaware River Basin as regional assets
vested with local, State, and National interests, for which they
have a joint responsibility; and
Whereas the conservation, utilization, development, manage-
ment, and control of the water and related resources of the
Delaware River Basin under a comprehensive multipurpose
plan will bring the greatest benefits and produce the most
efficient service in the public welfare; and
Whereas such a comprehensive plan administered by a basin-
wide agency will provide effective flood damage reduction;
conservation and development of ground and surface water
supply for municipal, industrial, and agricultural uses; devel-
opment of recreational facilities in relation to reservoirs,
lakes, and streams; propagation of fish and game; promotion
of related forestry, soil conservation, and watershed projects;
protection and aid to fisheries dependent upon water re-
sources; development of hydroelectric power potentialities;
improved navigation; control of the movement of salt water;
abatement and control of stream pollution; and regulation of
stream flows toward the attainment of these goals; and







Whereas decisions of the United States Supreme Court relating
to the waters of the basin have confirmed the interstate re-
gional character of the water resources of the Delaware River
Basin, and the United States Corps of Engineers has in a
prior report on the Delaware River Basin (House Document
179, Seventy-third Congress, second session) officially recog-
nized the need for an interstate agency and the economies that
can result from unified development and control of the water
resources of the basin; and
Whereas the water resources of the basin are presently subject
to the duplicating, overlapping, and uncoordinated adminis-
tration of some forty-three State agencies, fourteen interstate
agencies, and nineteen Federal agencies which exercise a
multiplicity of powers and duties resulting in a splintering of
authority and responsibilities; and
Whereas the joint advisory body known as the Interstate Com-
mission on the Delaware River Basin (INCODEL), created
by the respective commissions or Committee on Interstate
Cooperation of the States of Delaware, New Jersey, New
York, and Pennsylvania, has on the basis of its extensive in-
vestigations, surveys, and studies concluded that regional
development of the Delaware River Basin is feasible, advisa-
ble, and urgently needed; and has recommended that an in-
terstate compact with Federal participation be consummated
to this end; and
Whereas the Congress of the United States and the executive
branch of the Government have recognized the national in-
terest in the Delaware River Basin by authorizing and direct-
ing the Corps of Engineers, Department of the Army, to make
a comprehensive survey and report on the water and related
resources of the Delaware River Basin, enlisting the technical
aid and planning participation of many Federal, State, and
municipal agencies dealing with the waters of the basin, and
in particular the Federal Departments of Agriculture, Com-
merce, Health, Education, and Welfare, and Interior, and the
Federal Power Commission; and
Whereas some twenty-two million people of the United States
at present live and work in the region of the Delaware River
Basin and its environs, and the government, employment,
industry, and economic development of the entire region and
the health, safety, and general welfare of its population are
and will continue to be vitally affected by the use, conserva-








tion, management, and control of the water and related re-
sources of the Delaware River Basin; and
Whereas demands upon the waters and related resources of the
basin are expected to mount rapidly because of the anticipated
increase in the population of the region projected to reach
thirty million by 1980 and forty million by 2010, and because
of the anticipated increase in industrial growth projected to
double by 1980; and
Whereas water resources planning and development is technical,
complex, and expensive, and has often required fifteen to
twenty years from the conception to the completion of a large
dam and reservoir; and
Whereas the public interest requires that facilities must be
ready and operative when needed, to avoid the catastrophe of
unexpected floods or prolonged drought, and for other pur-
poses; and
Whereas the Delaware River Basin Advisory Committee, a
temporary body constituted by the Governors of the four
basin States and the mayors of the cities of New York and
Philadelphia, has prepared a draft of an interstate-Federal
compact for the creation of a basin agency, and the signatory
parties desire to effectuate the purposes thereof: Now there-
fore

The states of Delaware, New Jersey and New York and the
Commonwealth of Pennsylvania, and the United States of
America hereby solemnly covenant and agree with each other,
upon the enactment of concurrent legislation by the Congress of
the United States and by the respective state legislatures, hav-
ing the same effect as this Part, to the following Compact:

ARTICLE 1
SHORT TITLE, DEFINITIONS, PURPOSE AND LIMITATIONS
Section 1.1 Short title. This Act shall be known and may be
cited as the Delaware River Basin Compact.
1.2 Definitions. For the purposes of this compact, and of
any supplemental or concurring legislation enacted pursuant
thereto, except as may be otherwise required by the context:
(a) "Basin" shall mean the area of drainage into the Dela-
ware River and its tributaries, including Delaware Bay;








(b) "Commission" shall mean the Delaware River Basin
Commission created and constituted by this compact;
(c) "Compact" shall mean Part I of this act;
(d) "Cost" shall mean direct and indirect expenditures, com-
mitment, and net induced adverse effects, whether or not com-
pensated for, used or incurred in connection with the establish-
ment, acquisition, construction, maintenance and operation of
a project;
(e) "Facility" shall mean any real or personal property,
within or without the basin, and improvements thereof or
thereon, and any and all rights of way, water, water rights,
plants, structures, machinery and equipment, acquired, con-
structed, operated or maintained for .the beneficial use of water
resources or related land uses including, without limiting the
generality of the foregoing, any and all things and appurtenances
necessary, useful or convenient for the control, collection,
storage, withdrawal, diversion, release, treatment, transmission,
sale or exchange of water; or for navigation thereon, or the
development and use of hydroelectric energy and power, and
public recreational facilities; or the propagation of fish and
wildlife; or to conserve and protect the water resources of the
basin or any existing or future water supply source, or to
facilitate any other uses of any of them;
(f) "Federal government" shall mean the government of the
United States of America, and any appropriate branch, depart-
ment, bureau or division thereof, as the case may be;
(g) "Project" shall mean any work, service or activity which
is separately planned, financed, or identified by the commission,
or any separate facility undertaken or to be undertaken within a
specified area, for the conservation, utilization, control, develop-
ment or management of water resources which can be established
and utilized independently or as an addition to an existing
facility, and can be considered as a separate entity for purposes
of evaluation;
(h) "Signatory party" shall mean a state or commonwealth
party to this compact, and the federal government;
(i) "Water resources" shall include water and related
natural resources in, on, under, or above the ground, including
related uses of land, which are subject to beneficial use, owner-
ship or control.








1.3 Purpose and Findings. The legislative bodies of the re-
spective signatory parties hereby find and declare:
(a) The water resources of the basin are affected with a local,
state, regional and national interest and their planning, con-
servation, utilization, development, management and control,
under appropriate arrangements for intergovernmental cooper-
ation, are public purposes of the respective signatory parties.
(b) The water resources of the basin are subject to the sover-
eign right and responsibility of the signatory parties, and it is
the purpose of this compact to provide for a joint exercise of
such powers of sovereignty in the common interests of the people
of the region.
(c) The water resources of the basin are functionally inter-
related, and the uses of these resources are interdependent.
A single administrative agency is therefore essential for ef-
fective and economical direction, supervision and coordination
of efforts and programs of federal, state and local governments
and of private enterprise.
(d) The water resources of the Delaware River Basin, if
properly planned and utilized, are ample to meet all presently
projected demands, including existing and added diversions in
future years and ever increasing economies and efficiencies in
the use and reuse of water resources can be brought about by
comprehensive planning, programming and management.
(e) In general, the purposes of this compact are to promote
interstate comity; to remove causes of present and future con-
troversy; to make secure and protect present developments
within the states; to encourage and provide for the planning,
conservation, utilization, development, management and control
of the water resources of the basin; to provide for cooperative
planning and action by the signatory parties with respect to such
water resources; and to apply the principal of equal and uniform
treatment to all water users who are similarly situated and to
all users of related facilities, without regard to established
political boundaries.
1.4 Powers of Congress; Withdrawal. Nothing in this com-
pact shall be construed to relinquish the functions, powers or
duties of the Congress of the United States with respect to the
control of any navigable waters within the basin, nor shall any
provision hereof be construed in derogation of any of the con-
stitutional powers of the Congress to regulate commerce among
the states and with foreign nations. The power and right of the







Congress to withdraw the federal government as a party to this
compact or to revise or modify the terms, conditions and pro-
visions under which it may remain a party by amendment, repeal
or modification of any federal statute applicable thereto is
recognized by the signatory parties.
1.5 Existing Agencies; Construction. It is the purpose of the
signatory parties to preserve and utilize the functions, powers
and duties of existing offices and agencies of government to the
extent not inconsistent with the compact, and the commission is
authorized and directed to utilize and employ such offices and
agencies for the purpose of this compact to the fullest extent it
finds feasible and advantageous.
1.6 Duration of Compact.
(a) The duration of this compact shall be for an initial period
of 100 years from its effective date, and it shall be continued
for additional periods of 100 years if not later than 20 years nor
sooner than 25 years prior to the determination of the initial
period or any succeeding period none of the signatory states, by
authority of an act of its legislature, notifies the commission of
intention to terminate the compact at the end of the then current
100 year period.
(b) In the event that this compact should be terminated by
operation of paragraph (a) above, the commission shall be dis-
solved, its assets and liabilities transferred, and its corporate
affairs wound up, in such manner as may be provided by act of
the Congress.

ARTICLE 2
ORGANIZATION AND AREA
Section 2.1 Commission Created. The Delaware River Basin
Commission is hereby created as a body politic and corporate,
with succession for the duration of this compact, as an agency
and instrumentality of the governments of the respective
signatory parties.
2.2 Commission Membership. The commission shall consist
of the Governors of the signatory states, ex officio, and one com-
missioner to be appointed by the President of the United States
to serve during the term of office of the President.
2.3 Alternates. Each member of the commission shall appoint
an alternate to act in his place and stead, with authority to at-
tend all meetings of the commission, and with power to vote in








the absence of the member. Unless otherwise provided by law
of the signatory party for which he is appointed, each alternate
shall serve during the term of the member appointing him, sub-
ject to removal at the pleasure of the member. In the event of a
vacancy in the office of alternate, it shall be filled ii the same
manner as an original appointment for the unexpired term only.
2.4 Compensation. Members of the commission and alter-
nates shall serve without compensation but may be reimbursed
for necessary expenses incurred in and incident to the per-
formance of their duties.
2.5 Voting Power. Each member shall be entitled to one vote
on all matters which may come before the commission. No action
of the commission shall be taken at any meeting unless a ma-
jority of the membership shall vote in favor thereof.
2.6 Organization and Procedure. The commission shall pro-
vide for its own organization and procedure, and shall adopt
rules and regulations governing its meetings and transactions.
It shall organize annually by the election of a chairman and
vice-chairman from among its members. It shall provide by its
rdles for the appointment by each member in his discretion of
an advisor to serve without compensation, who may attend all
meetings of the commission and its committees.
2.7 Jurisdiction of the Commission. The commission shall
have, exercise and discharge its functions, powers and duties
within the limits of the basin, except that it may in its discretion
act outside the basin whenever such action may be necessary or
convenient to effectuate its powers or duties within the basin,
or to sell or dispose of water, hydroelectric power or other
water resources within or without the basin. The commission
shall exercise such power outside the basin only upon the con-
sent of the state in which it proposes to act.

ABTICLE 3
POWERS AND DUTIES OF THE COMMISSION
Section 3.1 Purpose and Policy. The commission shall
develop and effectuate plans, policies and projects relating to
the water resources of the basin. It shall adopt and promote
uniform and coordinated policies for water conservation,
control, use and management in the basin. It shall encourage
the planning, development and financing of water resources
projects according to such plans and policies.








3.2 Comprehensive Plan, Program and Budgets. The com-
mission shall, in accordance with Article 13 of this compact,
formulate and adopt:
(a) A comprehensive plan, after consultation with water
users and interested public bodies, for the immediate and long
range development and uses of the water resources of the basin;
(b) A water resources program, based upon the compre-
hensive plan, which shall include a systematic presentation of
the quantity and quality of water resources needs of the area
to be served for such reasonably foreseeable period as the com-
mission may determine, balanced by existing and proposed
projects required to satisfy such needs, including all public and
private projects affecting the basin, together with a separate
statement of the projects proposed to be undertaken by the
commission during such period; and
(c) An annual current expense budget, and an annual capital
budget consistent with the water resources program covering
the commission's projects and facilities for the budget period.
3.3 Allocations, Diversions and Releases. The commission
shall have the power from time to time as need appears, in
accordance with the doctrine of equitable apportionment, to
-allocate the waters of the basin to and among the states signa-
tory to this cormact and to ani among tneir respective political
subdivisions, and to impose conditions, obligations and release
requirements related thereto, subject to the following limi-
tations:
(a) The commission, without the unanimous consent of the
parties to the United States Supreme Court decree in New
Jersey v. New York, 347 U.S. 995 (1954), shall not impair,
diminish or otherwise adversely affect the diversions, com-
pensating releases, rights, conditions, obligations, and provi-
sions for the administration thereof as provided in said decree;
provided, however, that after consultation with the river master
under said decree the commission may find and declare a state
of emergency resulting from a drought or catastrophe and it
may thereupon by unanimous consent of its members authorize
and direct an increase or decrease in any allocation or diversion
permitted or releases required by the decree, in such manner and
for such limited time as may be necessary to meet such an
emergency condition.
(b) No allocation of waters hereafter made pursuant to this
section shall constitute a prior appropriation of the waters of









the basin or confer any superiority of right in respect to the
use of those waters, nor shall any such action be deemed to
constitute an apportionment of the waters of the basin among
the parties hereto: Provided, That this paragraph shall not be
deemed to limit or restrict the power of the commission to enter
into convenants with respect to water supply, with a duration
not exceeding the life of this compact, as it may deem necessary
for a benefit or development of the water resources of the basin.
(c) Any proper party deeming itself aggrieved by action of
the commission with respect to an out-of-basin diversion or
compensating releases in connection therewith, notwithstanding
the powers delegated to the commission by this compact may
invoke the original jurisdiction of the United States Supreme
Court within one year after such action for an adjudication and
determination thereof de novo. Any other action of the com-
mission pursuant to this section shall be subject to judicial
review in any court of competent jurisdiction.
3.4 Supreme Court Decree; Waivers. Each of the signatory
states and their respective political subdivisions, in considera-
tion of like action by the others, and in recognition of reciprocal
benefits, hereby waives and relinquishes for the duration of this
compact any right, privilege or power it may have to apply for
any modification of the terms of the decree of the United States
Supreme Court in New Jersey v. New York, 347 U.S. 995 (1954)
which would increase or decrease the diversions authorized or
increase or decrease the releases required thereunder, except
that a proceeding to modify such decree to increase diversions
or compensating releases in connection with such increased
diversions may be prosecuted by a proper party to effectuate
rights, powers, duties and obligations under Section 3.3 of this
compact, and except as may be required to effectuate the pro-
visions of paragraphs IIIB3 and VB of said decree.
3.5 Supreme Court Decree; Specific Limitations on Com-
mission. Except as specifically provided in Sections 3.3 and 3.4
of this article, nothing in this compact shall be construed in any
way to impair, diminish or otherwise adversely affect the rights,
powers, privileges, conditions and obligations contained in the
decree of the United States Supreme Court in New Jersey v.
New York, 347 U.S. 995 (1954). To this end, and without
limitation thereto, the commission shall not:
(a) Acquire, construct or operate any project or facility or
make any order or take any action which would impede or inter-









fere with the rights, powers, privileges, conditions or obliga-
tions contained in said decree;
(b) Impose or collect any fee, charge or assessment with
respect to diversions of waters of the basin permitted by said
decree;
(c) Exercise any jurisdiction, except upon consent of all the
parties to said decree, over the planning, design, construction,
operation or control of any projects, structures or facilities
constructed or used in connection with withdrawals, diversions
and releases of waters of the basin authorized by said decree or
of the withdrawals, diversions or releases to be made there-
under; or
(d) Serve as river master under said decree, except upon
consent of all the parties thereto.
3.6 General Powers. The commission may:
(a) Plan, design, acquire, construct, reconstruct, complete,
own, improve, extend, develop, operate and maintain any and
all projects, facilities, properties, activities and services, deter-
mined by the commission to be necessary, convenient or useful
for the purposes of this compact;
(b) Establish standards of planning, design and operation of
all projects and facilities in the basin which affect its water re-
sources, including without limitation thereto water and waste
treatment plants, stream and lake recreational facilities, trunk
mains for water distribution, local flood protection works, small
watershed management programs, and ground water recharging
operations;
(c) Conduct and sponsor research on water resources, their
planning, use, conservation, management, development, control
and protection, and the capacity, adaptability and best utility
of each facility thereof, and collect, compile, correlate, analyze,
report and interpret data on water resources and uses in the
basin, including without limitation thereto the relation of water
to other resources, industrial water technology, ground water
movement, relation between water price and water demand, and
general hydrological conditions;
(d) Compile and coordinate systematic stream stage and
ground water level forecasting data, and publicize such infor-
mation when and as needed for water uses, flood warning, qual-
ity maintenance or other purposes;








(e) Conduct such special ground water investigations tests,
and operations and compile such data relating thereto as may
be required to formulate and administer the comprehensive plan;
(f) Prepare, publish and disseminate information and reports
with respect to the water problems of the basin and for the pres-
entation of the needs, resources and policies of the basin to
executive and legislative branches of the signatory parties;
(g) Negotiate for such loans, grants, services or other aids
as may be lawfully available from public or private sources to
finance or assist in effectuating any of the purposes of this
compact; and to receive and accept such aid upon such terms
and conditions, and subject to such provisions for repayment as
may be required by federal or state law or as the commission
may deem necessary or desirable;
(h) Exercise such other and different powers as may be dele-
gated to it by this compact or otherwise pursuant to law, and
have and exercise all powers necessary or convenient to carry
out its express powers or which may be reasonably implied
therefrom.
8.7 Rates and Charges. The commission may from time to
time after public notice and hearing fix, alter and revise rates,
rentals, charges and tolls and classifications thereof, for the use
of facilities which it may own or operate and for products and
services rendered thereby, without regulation or control by any
department, office or agency of any signatory party.
3.8 Referral and Review. No project having a substantial
effect on the water resources of the basin shall hereafter be
undertaken by any person, corporation or governmental author-
ity unless it shall have, been first submitted to and approved by
the commission, subject to the provisions of Sections 3.3 and 3.5.
The commission shall approve a project whenever it finds and
determines that such project would not substantially impair or
conflict with the comprehensive plan and may modify and ap-
prove as modified, or may disapprove any such project whenever
it finds and determines that the project would substantially im-
pair or conflict with such plan. The commission shall provide
by regulation for the procedure of submission, review and con-
sideration of projects, and for its determinations pursuant to
this section. Any determination of the commission hereunder
shall be subject to judicial review in any court of competent
jurisdiction.







3.9 Coordination and Cooperation. The commission shall
promote and aid the coordination of the activities and programs
of federal, state, municipal and private agencies concerned with
water resources administration in the basin. To this end, but
without limitation thereto, the commission may:
(a) Advise, consult, contract, financially assist, or otherwise
cooperate with any and all such agencies;
(b) Employ any other agency or instrumentality of any of
the signatory parties or of any political subdivision thereof, in
the design, construction, operation and maintenance of struc-
tures, and the installation and management of river control
systems, or for any other purpose;
(c) Develop and adopt plans and specifications for particular
water resources projects and facilities which so far as consistent
with the comprehensive plan incorporate any separate plans of
other public and private organizations operating in the basin,
and permit the decentralized administration thereof;
(d) Qualify as a sponsoring agency under any federal legis-
lation heretofore or hereafter enacted to provide financial or
other assistance for the planning, conservation, utilization, de-
velopment, management or control of water resources.

3.10 Advisory Committees. The commission may constitute
and empower advisory committees, which may be comprised of
representatives of the public and of federal, state, county and
municipal governments, water resources agencies, water-using
industries, water-interest groups, labor and agriculture.

ARTICLE 4
WATER SUPPLY
Section 4.1 Generally. The commission shall have power to
develop, implement and effectuate plans and projects for the
use of the water of the basin for domestic, municipal, agricul-
tural and industrial water supply. To this end, without limita-
tion thereto, it may provide for, construct, acquire, operate and
maintain dams, reservoirs and other facilities for utilization of
surface and ground water resources, and all related structures,
appurtenances and equipment on the river and its tributaries
and at such off-river sites as it may find appropriate, and may
regulate and control the use thereof.







4.2 Storage and Release of Waters.
(a) The commission shall have power to acquire, operate and
control projects and facilities for the storage and release of
waters, for the regulation of flows and supplies of surface and
ground waters of the basin, for the protection of public health,
stream quality control, economic development, improvement of
fisheries, recreation, dilution and abatement of pollution, the
prevention of undue salinity and other purposes.
(b) No signatory party shall permit any augmentation of
flow to be diminished by the diversion of any water of the basin
during any period in which waters are being released from stor-
age under the direction of the commission for the purpose of
augmenting such flow, except in cases where such diversion is
duly authorized by this compact, or by the commission pursuant
thereto, or by the judgment, order or decree of a court of com-
petent jurisdiction.
4.3 Assessable Improvements. The commission may under-
take to provide stream regulation in the main stream or any
tributary in the basin and may assess on an annual basis or
otherwise the cost thereof upon water users or any classifica-
tion of them specially benefited thereby to a measurable extent,
provided that no such assessment shall exceed the actual benefit
to any water user. Any such assessment shall follow the pro-
cedure prescribed by law for local improvement assessments
and shall be subject to judicial review in any court of com-
petent jurisdiction.
4.4 Coordination. Prior to entering upon the execution of
any project authorized by this article, the commission shall
review and consider all existing rights, plans and programs of
the signatory parties, their political subdivisions, private
parties, and water users which are pertinent to such project, and
shall hold a public hearing on each proposed project.
4.5 Additional Powers. In connection with any project
authorized by this article, the commission shall have power to
provide storage, treatment, pumping and transmission facilities,
but nothing herein shall be construed to authorize the com-
mission to engage in the business of distributing water.









ARTICLE 5


POLLUTION CONTROL
Section 5.1 General Powers. The commission may undertake
investigations and surveys, and acquire, construct, operate and
maintain projects and facilities to control potential pollution
and abate or dilute existing pollution of the water resources of
the basin. It may invoke as complainant the power and jurisdic-
tion of water pollution abatement agencies of the signatory
parties.
5.2 Policy and Standards. The commission may assume
jurisdiction to control future pollution and abate existing pollu-
tion in the waters of the basin, whenever it determines after
investigation and public hearing upon due notice that the
effectuation of the comprehensive plan so requires. The
standard of such control shall be that pollution by sewage or
industrial or other waste originating within a signatory state
shall not injuriously affect waters of the basin as contemplated
by the comprehensive plan. The commission, after such public
hearing may classify the waters of the basin and establish
standards of treatment of sewage, industrial or other waste,
according to such classes including allowance for the variable
factors of surface and ground waters, such as size of the stream,
flow, movement, location, character, self-purification, and usage
of the waters affected. After such investigation, notice and
hearing the commission may adopt and from time to time amend
and repeal rules, regulations and standards to control such
future pollution and abate existing pollution, and to require
such treatment of sewage, industrial or other waste within a
time reasonable for the construction of the necessary works, as
may be required to protect the public health or to preserve the
waters of the basin for uses in accordance with the compre-
hensive plan.
5.3 Cooperative Legislation and Administration. Each of the
signatory parties covenants and agrees to prohibit and control
pollution of the waters of the basin according to the require-
ments of this compact and to cooperate faithfully in the control
of future pollution in and.abatement of existing pollution from
the rivers, streams, and waters in the basin which flow through,
under, into or border upon any of such signatory states, and in
order to effect such object, agrees to enact any necessary legisla-








tion to enable each such party to place and maintain the waters
of said basin in a satisfactory condition, available for safe and
satisfactory use as public and industrial water supplies after
reasonable treatment, suitable for recreational usage, capable of
maintaining fish and other aquatic life, free from unsightly or
malodorous nuisances due to floating solids or sludge deposits
and adaptable to such other uses as may be provided by the
comprehensive plan.
5.4 Enforcement. The commission may, after investigation
and hearing, issue an order or orders upon any person or
public or private corporation, or other entity, to cease the dis-
charge of sewage, industrial or other waste into waters of the
basin which it determines to be in violation of such rules and
regulations as it shall have adopted for the prevention and
abatement of pollution. Any such order or orders may prescribe
the date, including a reasonable time for the construction of any
necessary works, on or before which such discharge shall be
wholly or partially discontinued, modified or treated, or other-
wise conformed to the requirements of such rules and regula-
tions. Such order shall be reviewable in any court of competent
jurisdiction. The courts of the signatory parties shall have
jurisdiction to enforce against any person, public or private
corporation, or other entity, any and all provisions of this
article or of any such order. The commission may bring an
action in its own name in any such court of competent jurisdic-
tion to compel compliance with any provision of this article, or
any rule or regulation issued pursuant thereto or of any such
order, according to the practice and procedure of the court.
5.5 Further Jurisdiction. Nothing in this compact shall be
construed to repeal, modify or qualify the authority of any
signatory party to enact any legislation or enforce any addi-
tional conditions and restrictions to lessen or prevent the pollu-
tion of waters within its jurisdiction.

ARTICLE 6
FLOOD PROTECTION
Section 6.1 General Powers. The commission may plan,
design, construct and operate and maintain projects and facil-
ities, as it may deem necessary or desirable for flood damage
reduction. It shall have power to operate such facilities and to
store and release waters on the Delaware River and its tribu-
taries and elsewhere within the basin, in such manner, at such









times, and under such regulations as the commission may deem
appropriate to meet flood conditions as they may arise.
6.2 Flood Plain Zoning.
(a) The commission shall have power to adopt, amend and
repeal recommended standards, in the manner provided by this
section, relating to the nature and extent of the uses of land in
areas subject to flooding by waters of the Delaware River and
its tributaries. Such standards shall not be deemed to impair
or restrict the power of the signatory parties or their political
subdivisions to adopt zoning and other land use regulations not
inconsistent therewith.
(b) The commission may study and determine the nature and
extent of the flood plains of the Delaware River and its tribu-
taries. Upon the basis of such studies, it may establish encroach-
ment lines and delineate the areas subject to flood, including a
classification of lands with reference to relative risk of flood
and the establishment of standards for flood plain use which will
safeguard the public health, safety and property. Prior to the
adoption of any standards delineating such area or defining such
use, the commission shall hold public hearings, in the manner
provided by Article 14, with respect to the substance of such
standards. At or before such public hearings the proposed
standards shall be available, and all interested persons shall be
given an opportunity to be heard thereon at the hearing. Upon
the adoption and promulgation of such standards, the com-
mission may enter into agreements to provide technical and
financial aid to any municipal corporation for the administra-
tion and enforcement of any local land use ordinances or regu-
lations giving effect to such standards.
6.3 Flood Lands Acquisition. The commission shall have
power to acquire the fee or any lesser interest in lands and im-
provements thereon within the area of a flood plain for the pur-
pose of restricting the use of such property so as to minimize
the flood hazard, converting property to uses appropriate to
flood plain conditions, or preventing unwarranted constrictions
that reduce the ability of the river channel to carry flood water.
Any such action shall be in accord with the standards adopted
and promulgated pursuant to Section 6.2.
6.4 Flood and Stream Stage Warnings and Posting. The
commission may cause lands particularly subject to flood to be
posted with flood hazard warnings, and may from time to time
cause flood advisory notices to be published and circulated as
conditions may warrant.










ARTICLE 7


WATERSHED MANAGEMENT
Section 7.1 Watersheds Generally. The commission shall
promote sound practices of watershed management in the basin,
including projects and facilities to retard runoff and waterflow
and prevent soil erosion.
7.2 Soil Conservation and Forestry. The commission may
acquire, sponsor or operate facilities and projects to encourage
soil conservation, prevent and control erosion, and to promote
land reclamation and sound forestry practices.
7.3 Fish and Wildlife. The commission may acquire, sponsor
or operate projects and facilities for the maintenance and im-
provement of fish and wildlife habitats related to the water
resources of the basin.
7.4 Cooperative Planning and Operation.
(a) The commission shall cooperate with the appropriate
agencies of the signatory parties and with other public and
private agencies in the planning and effectuation of a coordi-
nated program of facilities and projects authorized by this
article.
(b) The commission shall not operate any such project or
facility unless it has first found and determined that no other
suitable unit or agency of government is available to operate
the same upon reasonable conditions, in accordance with the
intent and purpose expressed in Section 1.5 of this compact.

ARTICLE 8
RECREATION
Section 8.1 Development. The commission shall provide for
the development of water related public sports and recreational
facilities. The commission on its own account or in cooperation
with a signatory party, political subdivision or any agency
thereof, may provide for the construction, maintenance and
administration of such facilities, subject to the provisions of
Section 8.2 hereof.
8.2 Cooperative Planning and Operation.
(a) The commission shall cooperate with the appropriate
agencies of the signatory parties and with other public and








private agencies in the planning and effectuation of a coordi-
nated program of facilities and projects authorized by this
article.
(b) The commission shall not operate any such project or
facility unless it has first found and determined that no other
suitable unit or agency of government is available to operate
the same upon reasonable conditions, in accordance with the
intent and purpose expressed in Section 1.5 of this compact.
8.3 Operation and Maintenance. The commission, within
limits prescribed by this article, shall:
(a) Encourage activities of other public agencies having
water related recreational interests and assist in the coordi-
nation thereof;
(b) Recommend standards for the development and adminis-
tration of water related recreational facilities;
(c) Provide for the administration, operation and mainte-
nance of recreational facilities owned or controlled by the com-
mission and for the letting and supervision of private conces-
sions in accordance with this article.
8.4 Concessions. The commission shall after notice and public
hearing provide by regulation for the award of contracts for
private concessions in connection with recreational facilities,
including any renewal or extension thereof, upon sealed com-
petitive bids after public advertisement therefore.

ARTICLE 9
HYDROELECTRIC POWER
Section 9.1 Development. The waters of the Delaware River
and its tributaries may be impounded and used by or under
authority of the commission for the generation of hydroelectric
power and hydroelectric energy, in accordance with the compre-
hensive plan.
9.2 Power Generation. The commission may develop and
operate, or authorize to be developed and operated, dams and
related facilities and appurtenances for the purpose of generat-
ing hydroelectric power and hydroelectric energy.
9.3 Transmission. 'The commission may provide facilities for
the transmission of hydroelectric power and hydroelectic energy
produced by it where such facilities are not otherwise available
upon reasonable terms, for the purpose of wholesale marketing







of power and nothing herein shall be construed to authorize the
commission to engage in the business of direct sale to consumers.
9.4 Development Contracts. The commission may after
public notice and hearing enter into contracts on reasonable
terms, consideration and duration under which public utilities
or public agencies may develop hydroelectric power and hydro-
electric energy through the use of dams, related facilities and
appurtenances.
9.5 Rates and Charges. Rates and charges fixed by the com-
mission for power which is produced by its facilities shall be
reasonable, nondiscriminatory, and just.

ARTICLE 10
REGULATION OF WITHDRAWALS AND DIVERSIONS
Section 10.1 Power of Regulation. The commission may
regulate and control withdrawals and diversions from surface
waters and ground waters of the basin, as provided by this
article. The commission may enter into agreements with the
signatory parties relating to the exercise of such power or regu-
lation or control and may delegate to any of them such powers
of the commission as it may deem necessary or desirable.
10.2 Determination of Protected Areas. The commission may
from time to time after public hearing upon due notice de-
termine and delineate such areas within the basin wherein the
demands upon supply made by water users have developed or
threaten to develop to such a degree as to create a water short-
age or to impair or conflict with the requirements or effectuation
of the comprehensive plan, and any such areas may be desig-
nated as "protected areas." The commission, whenever it de-
termines that such shortage no longer exists, shall terminate the
protected status of such area and shall give public notice of such
termination.
10.3 Withdrawal Permits. In any protected areas so deter-
mined and delineated, no person, firm, corporation or other en-
tity shall divert or withdraw water for domestic, municipal,
agricultural or industrial uses in excess of such quantities as
the commission may prescribe by general regulation, except
(i) pursuant to a permit granted under this article, or (ii) pur-
suant to a permit or approval heretofore granted under the laws
of any of the signatory states.








10.4 Emergency. In the event of a drought or other condition
which may cause an actual and immediate shortage of available
water supply within the basin, or within any part thereof, the
commission may, after public hearing, determine and delineate
the area of such shortage and declare a water supply emergency
therein. For the duration of such emergency as determined by
the commission no person, firm, corporation or other public or
private entity shall divert or withdraw water for any purpose,
in excess of such quantities as the commission may prescribe
by general regulation or authorize by special permit granted
hereunder.
10.5 Standards. Permits shall be granted, modified or denied
as the case may be so as to avoid such depletion of the natural
stream flows and ground waters in the protected area or in an
emergency area as will adversely affect the comprehensive plan
or the just and equitable interests and rights of other lawful
users of the same source, giving due regard to the need to bal-
ance and reconcile alternative and conflicting uses in the event
of an actual or threatened shortage of water of the quality
required.
10.6 Judicial Review. The determinations and delineations
of the commission pursuant to Section 10.2 and the granting,
modification or denial of permits pursuant to Section 10.3
through 10.5 shall be subject to judicial review in any court of
competent jurisdiction.
10.7 Maintenance of Records. Each state shall provide for
the maintenance and preservation of such records of authorized
diversions and withdrawals and the annual volume thereof as
the commission shall prescribe. Such records and supplementary
reports shall be furnished to the commission at its request.
10.8 Existing State Systems. Whenever the commission finds
it necessary or desirable to exercise the powers conferred by this
article any diversion or withdrawal permits authorized or issued
under the laws of any of the signatory states shall be superseded
to the extent of any conflict with the control and regulation
exercised by the commission.









ARTICLE 11


INTERGOVERNMENTAL RELATIONS
Section 11.1 Federal Agencies and Projects. For the pur-
poses of avoiding conflicts of jurisdiction and of giving full
effect to the commission as a regional agency of the signatory
parties, the following rules shall govern federal projects affect-
ing the water resources of the basin, subject in each case to the
provisions of Section 1.4 of this compact:
(a) The planning of all projects related to powers delegated
to the commission by this compact shall be undertaken in con-
sultation with the commission;
(b) No expenditure or commitment shall be made for or on
account of the construction, acquisition or operation of any
project or facility nor shall it be deemed authorized, unless it
shall have first been included by the commission in the compre-
hensive plan;
(c) Each federal agency otherwise authorized by law to plan,
design, construct, operate or maintain any project or facility in
or for the basin shall continue to have, exercise and discharge
such authority except as specifically provided by this section.
11.2 State and Local Agencies and Projects. For the pur-
poses of avoiding conflicts of jurisdiction and of giving full ef-
fect to the commission as a regional agency of the signatory
parties, the following rules shall govern projects of the signatory
states, their political subdivisions and public corporations affect-
ing water resources of the basin:
(a) The planning of all projects related to powers delegated
to the commission by this compact shall be undertaken in con-
sultation with the commission;
(b) No expenditure or commitment shall be made for or on
account of the construction, acquisition or operation of any
project or facility unless it shall have first been included by the
commission in the comprehensive plan;
(c) Each state and local agency otherwise authorized by law
to plan, design, construct, operate or maintain any project or
facility in or for the basin shall continue to have, exercise and
discharge such authority, except as specifically provided by this
section.








11.8 Reserved Taxing Powers of States. Each of the signa-
tory parties reserves the right to levy, assess and collect fees,
charges and taxes on or measured by the withdrawal or diversion
of waters of the basin for use within the jurisdictions of the re-
spective signatory parties.
11.4 Project Costs and Evaluation Standards. The commis-
sion shall establish uniform standards and procedures for the
evaluation, determination of benefits, and cost allocations of
projects affecting the basin, and for the determination of project
priorities, pursuant to the requirements of the comprehensive
plan and its water resources program. The commission shall
develop equitable cost sharing and reimbursement formulas for
the signatory parties including:
(a) Uniform and consistent procedures for the allocation of
project costs among purposes included in multiple-purpose pro-
grams;
(b) Contracts and arrangements for sharing financial respon-
sibility among and with signatory parties, public bodies, groups
and private enterprise, and for the supervision of their per-
formance;
(c) Establishment and supervision of a system of accounts
for reimbursable purposes and directing the payments and
charges to be made from such accounts;
(d) Determining the basis and apportioning amounts (i) of
reimbursable revenues to be paid signatory parties or their
political subdivisions, and (ii) of payments in lieu of taxes to
any of them.
11.5 Cooperative Services. The commission shall furnish
technical services, advice and consultation to authorized agen-
cies of the signatory parties with respect to the water resources
of the basin, and each of the signatory parties pledges itself to
provide technical and administrative services to the commission
upon request, within the limits of available appropriations and
to cooperate generally with the commission for the purposes of
this compact, and the cost of such services may be reimbursable
whenever the parties deem appropriate.









ARTICLE 12
CAPITAL FINANCING
Section 12.1 Borrowing Power. The commission may borrow
money for any of the purposes of this compact, and may issue
its negotiable bonds and other evidences of indebtedness in
respect thereto.
All such bonds and evidences of indebtedness shall be payable
solely out of the properties and revenues of the commission
without recourse to taxation. The bonds and other obligations
of the commission, except as may be otherwise provided in the
indenture under which they were issued, shall be direct and
general obligations of the commission and the full faith and
credit of the commission are hereby pledged for the prompt
payment of the debt service thereon and for the fulfillment of all
other undertakings of the commission assumed by it to or for the
benefit of the holders thereof.
12.2 Funds and Expenses. The purposes of this compact
shall include without limitation thereto all costs of any project
or facility or any part thereof, including interest during a period
of construction and a reasonable time thereafter and any
incidental expenses (legal, engineering, fiscal, financial consult-
ant and other expenses) connected with issuing and disposing of
the bonds; all amounts required for the creation of an operating
fund, construction fund, reserve fund, sinking fund, or other
special fund; all other expenses connected with the planning,
design, acquisition, construction, completion, improvement or
reconstruction of any facility or any part thereof; and reim-
bursement of advances by the commission or by others for such
purposes and for working capital
12.3 Credit Excluded; Officers, State and Municipal. The
commission shall have no power to pledge the credit of any
signatory party, or of any county or municipality, or to impose
any obligation for payment of the bonds upon any signatory
party or any county or municipality. Neither the commissioners
nor any person executing the bonds shall be liable personally on
the bonds of the commission or be subject to any personal
liability or accountability by reason of the issuance thereof.
12.4 Funding and Refunding. Whenever the commission
deems it expedient, it may fund and refund its bonds and other
obligations whether or not such bonds and obligations have







matured. It may provide for the issuance, sale or exchange of
refunding bonds for the purpose of redeeming or retiring any
bonds (including the payment of any premium, duplicate
interest or cash adjustment required in connection therewith)
issued by the commission or issued by any other issuing body,
the proceeds of the sale of which have been applied to any
facility acquired by the commission or which are payable out of
the revenues of any facility acquired by the commission. Bonds
may be issued partly to refund bonds and other obligations then
outstanding, and partly for any other purpose of the commis-
sion. All provisions of this compact applicable to the issuance
of bonds are applicable to refunding bonds and to the issuance,
sale or exchange thereof.
12.5 Bonds; Authorization Generally. Bonds and other in-
debtedness of the commission shall be authorized by resolution
of the commission. The validity of the authorization and issu-
ance of any bonds by the commission shall not be dependent
upon nor affected in any way by: (i) the disposition of bond
proceeds by the commission or by contract, commitment or
action taken with respect to such proceeds; or (ii) the failure
to complete any part of the project for which bonds are author-
ized to be issued. The commission may issue bonds in one or
more series and may provide for one or more consolidated bond
issues, in such principal amounts and with such terms and pro-
visions as the commission may deem necessary. The bonds may
be secured by a pledge of all or any part of the property,
revenues and franchises under its control. Bonds may be issued
by the commission in such amount, with such maturities and in
such denominations and form or forms, whether coupon or
registered, as to both principal and interest, as may be deter-
mined by the commission. The commission may provide for
redemption of bonds prior to maturity on such notice and at
such time or times and with such redemption provisions, includ-
ing premiums, as the commission may determine.
12.6 Bonds; Resolutions and Indentures Generally. The com-
mission may determine and enter into indentures providing for
the principal amount, date or dates, maturities, interest rate,
denominations, form, registration, transfer, interchange and
other provisions of the bonds and coupons and the terms and
conditions upon which the same shall be executed, issued,
secured, sold, paid, redeemed, funded and refunded. The resolu-
tion of the commission authorizing any bond or any indenture
so authorized under which the bonds are issued may include all







such covenants and other provisions other than any restriction
on the regulatory powers vested in the commission by this com-
pact as the commission may deem necessary or desirable for the
issue, payment, security, protection or marketing of the bonds,
including without limitation covenants and other provisions as
to the rates or amounts of fees, rents and other charges to be
charged or made for use of the facilities; the use, pledge,
custody, securing, application and disposition of such revenues,
of the proceeds of the bonds, and of any other moneys of the
commission; the operation, maintenance, repair and reconstruc-
tion of the facilities and the amounts which may be expended
therefore; the sale, lease or other disposition of the facilities; the
insuring of the facilities and of the revenues derived therefrom;
the construction or other acquisition of other facilities; the
issuance of additional bonds or other indebtedness; the rights
of the bondholders and of any trustee for the bondholders upon
default by the commission or otherwise; and the modification of
the provisions of the indenture and of the bonds. Reference on
the face of the bonds to such resolution or indenture by its date
of adoption or the apparent date on the face thereof is sufficient
to incorporate all of the provisions thereof and of this compact
into the body of the bonds and their appurtenant coupons. Each
taker and subsequent holder of the bonds or coupons, whether
the coupons are attached to or detached from the bonds. has
recourse to all of the provisions of the indenture and of this
compact and is bound thereby.
12.7 Maximum Maturity. No bond or its terms shall mature
in more than fifty years from its own date and in the event any
authorized issue is divided into two or more series or divisions,
the maximum maturity date herein authorized shall be calcu-
lated from the date on the face of each bond separately, irre-
spective of the fact that different dates may be prescribed for
the bonds of each separate series or division of any authorized
issue.
12.8 Tax Exemption. All bonds issued by the commission
under the provisions of this compact and the interest thereof
shall at all times be free and exempt from all taxation by or
under authority of any of the signatory parties, except for
transfer, inheritance and estate taxes.
12.9 Interest. Bonds shall bear interest at a rate of not to
exceed six percent per annum, payable annually or semi-
annually.








12.10 Place of Payment. The commission may provide for the
payment of the principal and interest of bonds at any place or
places within or without the signatory states, and in any
specified lawful coin or currency of the United States of
America.
12.11 Execution. The commission may provide for the execu-
tion and authentication of bonds by the manual, lithographed or
printed facsimile signature of officers of the commission, and by
additional authentication by a trustee or fiscal agent appointed
by the commission. If any of the officers whose signatures or
counter signatures appear upon the bonds or coupons cease to be
officers before the delivery of the bonds or coupons, their signa-
tures or counter signatures are nevertheless valid and of the
same force and effect as if the officers had remained in office
until the delivery of the bonds and coupons.
12.12 Holding Own Bonds. The commission shall have power
out of any funds available therefore to purchase its bonds and
may hold, cancel or resell such bonds.
12.13 Sale. The commission may fix terms and conditions for
the sale or other disposition of any authorized issue of bonds.
The commission may sell bonds at less than their par or face
value but no issue of bonds may be sold at an aggregate price
below the par or face value thereof if such sale would result in
a net interest cost to the commission calculated upon the entire
issue so sold of more than six percent per annum payable semi-
annually, according to standard tables of bohd values. All
bonds issued and sold for cash pursuant to this act shall be
sold on sealed proposals to the highest bidder. Prior to such
sale, the commission shall advertise for bids by publication of
a notice of sale not less than ten days prior to the date of sale,
at least once in a newspaper of general circulation printed and
published in New York City carrying municipal bond notices
and devoted primarily to financial news. The commission may
reject any and all bids submitted and may thereafter sell the
bonds so advertised for sale at private sale to any financially
responsible bidder under such terms and conditions as it deems
most advantageous to the public interest, but the bonds shall
not be sold at a net interest cost calculated upon the entire issue
so advertised, greater than the lowest bid which was rejected.
In the event the commission desires to issue its bonds in
exchange for an existing facility or portion thereof, or in
exchange for bonds secured by the revenues of an existing







facility, it may exchange such bonds for the existing facility or
portion thereof or for the bonds so secured, plus an additional
amount of cash, without advertising such bonds for sale.
12.14 Negotiability. All bonds issued under the provisions of
this compact are negotiable instruments, except when registered
in the name of a registered owner.
12.15 Legal Investments. Bonds of the commission shall be
legal investments for savings banks, fiduciaries and public funds
in each of the signatory states.
12.16 Validation Proceedings. Prior to the issuance of any
bonds, the commission may institute a special proceeding to
determine the legality of proceedings to issue the bonds and
their validity under the laws of any of the signatory parties.
Such proceeding shall be instituted and prosecuted in rem and
the judgment rendered therein shall be conclusive against all
persons whomsoever and against each of the signatory parties.
12.17 Recording. No indenture need be recorded or filed in
any public office, other than the office of the commission. The
pledge of revenues provided in any indenture shall take effect
forthwith as provided therein and irrespective of the date of
receipts of such revenues by the commission or the indenture
trustee. Such pledge shall be effective as provided in the
indenture without physical delivery of the revenues to the com-
mission or to the indenture trustee.
12.18 Pledged Revenues. Bond redemption and interest pay-
ments shall, to the extent provided in the resolution or inden-
ture, constitute a first, direct and exclusive charge and lien on
all such rates, rents, tolls, fees and charges and other revenues
and interest thereon received from the use and operation of the
facility, and on any sinking or other funds created therefrom.
All such rates, rents, tolls, fees, charges and other revenues,
together with interest thereon, shall constitute a trust fund for
the security and payment of such bonds and except as and to the
extent provided in the indenture with respect to the payment
therefrom of expenses for other purposes including administra-
tion, operation, maintenance, improvements or extensions of the
facilities or other purposes shall not be used or pledged for
any other purpose so long as such bonds, or any of them, are
outstanding and unpaid.
12.19 Remedies. The holder of any bond may for the equal
benefit and protection of all holders of bonds similarly situated:








(a) by mandamus or other appropriate proceedings require and
compel the performance of any of the duties imposed upon the
commission or assumed by it, its officers, agents or employees
under the provisions of any indenture, in connection with the
acquisition, construction, operation, maintenance, repair, recon-
struction or insurance of the facilities, or in connection with the
collection, deposit, investment, application and disbursement of
the rates, rents, tolls, fees, charges and other revenues derived
from the operation and use of the facilities, or in connection
with the deposit, investment and disbursement of the proceeds
received from the sale of bonds; or (b) by action or suit in a
court of competent jurisdiction of any signatory party require
the commission to account as if it were the trustee of an express
trust, or enjoin any acts or things which may be unlawful or in
violation of the rights of the holders of the bonds. The enumera-
tion of such rights and remedies does not, however, exclude the
exercise or prosecution of any other rights or remedies avail-
able to the holders of bonds.
12.20 Capital Financing by Signatory Parties; Guarantees.
(a) The signatory parties will provide such capital funds re-
quired for projects of the commission as may be authorized by
their respective statutes in accordance with a cost sharing plan
prepared pursuant to Article 11 of this compact; but nothing in
this section shall be deemed to impose any mandatory obligation
on any of the signatory parties other than such obligations as
may be assumed by a signatory party in connection with a
specific project or facility.
(b) Bonds of the commission, notwithstanding any other pro-
vision of this compact, may be executed and delivered to any
duly authorized agency of any of the signatory parties without
public offering and may be sold and resold with or without the
guaranty of such signatory party, subject to and in accordance
with the constitutions of the respective signatory parties.
(c) The commission may receive and accept, and the signatory
parties may make, loans, grants, appropriations, advances and
payments of reimbursable or non-reimbursable funds or prop-
erty in any form for the capital or operating purposes of the
commission.


-C









ARTICLE 13


PLAN, PROGRAM AND BUDGETS
Section 13.1 Comprehensive Plan. The commission shall
develop and adopt, and may from time to time review and revise,
a comprehensive plan for the immediate and long range develop-
ment and use of the water resources of the basin. The plan shall
include all public and private projects and facilities which are
required, in the judgment of the commission, for the optimum
planning, development, conservation, utilization, management
and control of the water resources of the basin to meet present
and future needs; provided that the plan shall include any proj-
ects required to conform with any present or future decree or
judgment of any court of competent jurisdiction. The commis-
sion may adopt a comprehensive plan or any revision thereof in
such part or parts as it may deem appropriate, provided that
before the adoption of the plan or any part or revision thereof
the commission shall consult with water users and interested
public bodies and public utilities and shall consider and give due
regard to the findings and recommendations of the various
agencies of the signatory parties and their political subd&.
visions. The commission shall conduct public hearings with
respect to the comprehensive plan prior to the adoption of the
plan or any part of the revision thereof.
13.2 Water Resources Program. The commission shall
annually adopt a water resources program, based upon the com-
prehensive plan, consisting of the projects and facilities which
the commission proposes to be undertaken by the commission
and by other authorized governmental and private agencies,
organizations and persons during the ensuing six years or such
other reasonably foreseeable period as the commission may
determine. The water resources program shall include a system-
atic presentation of:
1) the quantity and quality of water resources needs for
such period;
2) the existing and proposed projects and facilities re-
quired to satisfy such needs, including all public and private
projects to be anticipated;
3) a separate statement of the projects proposed to be
undertaken by the commission during such period.







13.3 Annual Current Expense and Capital Budgets.
(a) The commission shall annually adopt a capital budget in-
cluding all capital projects it proposes to undertake or continue
during the budget period containing a statement of the estimated
cost of each project and the method of financing thereof.
(b) The commission shall annually adopt a current expense
budget for each fiscal year. Such budget shall include the com-
mission's estimated expenses for administration, operation,
maintenance and repairs, including a separate statement thereof
for each project, together with its cost allocation. The total of
such expenses shall be balanced by the commission's estimated
revenues from all sources, including the cost allocations under-
taken by any of the signatory parties in connection with any
project. Following the adoption of the annual current expense
budget by the commission, the executive director of the com-
mission shall:
1) certify to the respective signatory parties the amounts
due in accordance with existing cost sharing established for
each project; and
2) transmit certified copies of such budget to the prin-
cipal budget officer of the respective signatory parties at
such time and in such manner as may be required under
their respective budgetary procedures. The amount re-
quired to balance the current expense budget in addition to
the aggregate amount of item (1) above and all other
revenues available to the commission shall be apportioned
equitably among the signatory parties by unanimous vote
of the commission, and the amount of such apportionment
to each signatory party shall be certified together with the
budget.
(c) The respective signatory parties covenant and agree to
include the amounts so apportioned for the support of the cur-
rent expense budget in their respective budgets next to be
adopted, subject to such review and approval as may be required
by their respective budgetary processes. Such amounts shall be
due and payable to the commission in quarterly installments
during its fiscal year, provided that the commission may draw
upon its working capital to finance its current expense budget
pending remittances by the signatory parties.










ARTICLE 14


GENERAL PROVISIONS
Section 14.1 Auxiliary Powers of Commission; Functions of
Commissioners.
(a) The commission, for the purposes of this compact, may:
1) Adopt and use a corporate seal, enter into contracts,
sue and be sued in all courts of competent jurisdiction;
2) Receive and accept such payments, appropriations,
grants, gifts, loans, advances and other funds, properties
and services as may be transferred or made available to it
by any signatory party or by any other public or private
corporation or individual, and enter into agreements to
make reimbursement for all or part thereof;
3) Provide for, acquire and adopt detailed engineering,
administrative, financial and operating plans and specifica-
tions to effectuate, maintain or develop any facility or
project;
4) Control and regulate the use of facilities owned or
operated by the commission;
5) Acquire, own, operate, maintain, control, sell and con-
vey real and personal property and any interest therein by
contract, purchase, lease, license, mortgage or otherwise as
it may deem necessary for any project or facility, including
any and all appurtenances thereto necessary, useful or
convenient for such ownership, operation, control, mainte-
nance or conveyance;
6) Have and exercise all corporate powers essential to
the declared objects and purposes of the commission.
(b) The commissioners, subject to the provisions of this
compact, shall:
1) Serve as the governing body of the commission, and
exercise and discharge its powers and duties except as
other, wise provided by or pursuant to this compact;
2) Determine the character of and the necessity for its
obligations and expenditures and the manner in which they
shall be incurred, allowed, and paid subject to any pro-









visions of law specifically applicable to agencies or instru-
mentalities created by compact;
3) Provide for the internal organization and adminis-
tration of the commission;
4) Appoint the principal officers of the commission and
delegate to and allocate among them administrative
functions, powers and duties;
5) Create and abolish offices, employment and position
as it deems necessary for the purposes of the commission,
and subject to the provisions of this article, fix and provide
for the qualification, appointment, removal, term, tenure,
compensation, pension and retirement rights of its officers
and employees;
6) Let and execute contracts to carry out the powers of
the commission.
14.2 Regulations; Enforcement. The commission may:
(a) Make and enforce reasonable rules and regulations for
the effectuation, application and enforcement of this compact;
and it may adopt and enforce practices and schedules for or in
connection with the use, maintenance and administration of proj-
ects and facilities it may own or operate and any product or
service rendered thereby; provided that any rule or regulation,
other than one which deals solely with the internal management
of the commission, shall be adopted only after public hearing
and shall not be effective unless and until filed in accordance
with the law of the respective signatory parties applicable to
administrative rules and regulations generally; and
(b) Designate any officer, agent or employee of the commis-
sion to be an investigator or watchman and such person shall
be vested with the powers of a peace officer of the state in which
he is duly assigned to perform his duties.
14.3 Tax Exemption. The commission, its property, func-
tions, and activities shall be exempt from taxation by or under
the authority of any of the signatory parties or any political
subdivision thereof; provided that in lieu of property taxes the
commission shall, as to specific projects, make payments to
local taxing districts in annual amounts which shall equal the
taxes lawfully assessed upon property for the tax year next
prior to its acquisition by the commission for a period of ten
years, The nature and amount of such payments shall be re-









viewed by the commission at the end of ten years, and from time
to time thereafter, upon reasonable notice and opportunity to be
heard to the affected taxing district, and the payments may be
thereupon terminated or continued in such reasonable amount
as may be necessary or desirable to take into account hardships
incurred and benefits received by the taxing jurisdiction which
are attributable to the project.
14.4 Meetings; Public Hearing; Records, Minutes.
(a) All meetings of the commission shall-be open to the public.
(b) The commission shall conduct at least one public hearing
prior to the adoption of the comprehensive plan, water resources
program, annual capital and current expense budgets, the
letting of any contract for the sale or other disposition by the
commission of hydroelectric energy or water resources to any
person, corporation or entity, and in all other cases wherein this
compact requires a public hearing. Such hearing shall be held
upon at least ten days public notice given by posting at the
offices of the commission. The commission shall also provide
forthwith for distribution of such notice to the press and by
the mailing of a copy thereof to any person who shall request
such notices.
(c) The minutes of the commission shall be a public record
open to inspection at its offices during regular business hours.
14.5 Officers Generally.
(a) The officers of the commission shall consist of an execu-
tive director and such additional officers, deputies and assistants
as the commission may determine. The executive director shall
be appointed and may be removed by the affirmative vote of a
majority of the full membership of the commission. All other
officers and employees shall be appointed by the executive
director under such rules of procedure as the commission may
determine.
(b) In the appointment and promotion of officers and em-
ployees for the commission, no political, racial, religious or
residence test or qualification shall be permitted or given con-
sideration, but all such appointments and promotions shall be
solely on the basis of merit and fitness. Any officer or employee
of the commission who is found by the commission to be guilty
of a violation of this section shall be removed from office by the
commission.








14.6 Oath of Office. An oath of office in such form as the
commission shall prescribe shall be taken, subscribed and filed
with the commission by the executive director and by each
officer appointed by him not later than fifteen days after the
appointment.
14.7 Bond. Each officer shall give such bond and in such
form and amount as the commission may require for which the
commission may pay the premium.
14.8 Prohibited Activities.
(a) No commissioner, officer or employee shall:
1) be financially interested, either directly or indirectly,
in any contract, sale, purchase, lease or transfer of real or
personal property to which the commission is a party;
2) solicit or accept money or any other thing of value in
addition to the compensation or expenses paid him by the
commission for services performed within the scope of his
official duties;
3) offer money or any thing of value for or in considera-
tion of obtaining an appointment, promotion or privilege in
his employment with the commission.
(b) Any officer or employee who shall willfully violate any of
the provisions of this section shall forfeit his office or employ-
ment.
(c) Any contract or agreement knowingly made in contraven-
tion of this section is void.
(d) Officers and employees of the commission shall be subject
in addition to the provisions of this section to such criminal and
civil sanctions for misconduct in office as may be imposed by
federal law and the law of the signatory state in which such
misconduct occurs.
14.9 Purchasing. Contract for the construction, reconstruc-
tion or improvement of any facility when the expenditure re-
quired exceeds ten thousand dollars and contracts for the
purchase of services, supplies, equipment and materials when
the expenditure required exceeds two thousand five hundred
dollars shall be advertised and let upon sealed bids to the lowest
responsible bidder. Notice requesting such bids shall be pub-
lished in a manner reasonably likely to attract prospective
bidders, which publication shall be made at least ten days before









bids are received and in at least two newspapers of general
circulation in the basin. The commission may reject any and
all bids and readvertise in its discretion. If after rejecting bids
the commission determines and resolves that in its opinion the
supplies, equipment and materials may be purchased at a lower
price in the open market, the commission may give each respon-
sible bidder an opportunity to negotiate a price and may proceed
to purchase the supplies, equipment and materials in the open
market at a negotiated price which is lower than the lowest
rejected bid of a responsible bidder, without further observance
of the provisions requiring bids or notice. The commission shall
adopt rules and regulations to provide for purchasing from the
lowest responsible bidder when sealed bids, notice and publica-
tion are not required by this section. The commission may
suspend and waive the provisions of this section requiring com-
petitive bids whenever:
1) the purchase is to be made from or the contract to be
made with the federal or any state government or any
agency or political subdivision thereof or pursuant to any
open end bulk purchase contract of any of them;
2) the public exigency requires the immediate delivery of
the articles or performance of the service;
3) only one source of supply is available;
4) the equipment to be purchased is of a technical nature
and the procurement thereof without advertising is neces-
sary in order to assure standardization of equipment and
interchangeability of parts in the public interest; or
5) services are to be provided of a specialized or pro-
fessional nature.
14.10 Insurance. The commission may self-insure or pur-
chase insurance and pay the premiums therefore against loss
or damage to any of its properties; against liability for injury
to persons or property; and against loss of revenue from any
cause whatsoever. Such insurance coverage shall be in such
form and amount as the commission may determine, subject to
the requirements of any agreement arising out of the issuance
of bonds by the commission.
14.11 Annual Independent Audit.
(a) As soon as practical after the closing of the fiscal year,
an audit shall be made of the financial accounts of the com-









mission. The audit shall be made by qualified certified public
accountants selected by the commission, who have no personal
interest direct or indirect in the financial affairs of the com-
mission or any of its officers or employees. The report of audit
shall be prepared in accordance with accepted accounting prac-
tices and shall be filed with the chairman and such other officers
as the commission shall direct. Copies of the report shall be
distributed to each commissioner and shall be made available
for public distribution.
(b) Each signatory party by its duly authorized officers shall
be entitled to examine and audit at any time all of the books,
documents, records, files and accounts and all other papers,
things or property of the commission. The representatives of
the signatory parties shall have access to all books, documents,
records, accounts, reports, files and all other papers, things or
property belonging to or in use by the commission and necessary
to facilitate the audit and they shall be afforded full facilities
for verifying transactions with the balances or securities held
by depositaries, fiscal agents and custodians.
(c) The financial transactions of the commission shall be sub-
ject to audit by the general accounting office in accordance with
the principles and procedures applicable to commercial cor-
porate transactions and under such rules and regulations as
may be prescribed by the comptroller general of the United
States. The audit shall be conducted at the place or places where
the accounts of the commission are kept.
(d) Any officer or employee who shall refuse to give all re-
quired assistance and information to the accountants selected by
the commission or to the authorized officers of any signatory
party or who shall refuse to submit to them for examination
such books, documents, records, files, accounts, papers, things or
property as may be requested shall forfeit his office.
14.12 Reports. The commission shall make and publish an
annual report to the legislative bodies of the signatory parties
and to the public reporting on its programs, operations and
finances. It may also prepare, publish and distribute such other
public reports and informational materials as it may deem
necessary or desirable.
14.13 Grants, Loans or Payments by States or Political Sub-
divisions.
(a) Any or all of the signatory parties or any political sub-
division thereof may:








1) Appropriate to the commission such funds as may be
necessary to pay preliminary expenses such as the expenses
incurred in the making of borings, and other studies of sub-
surface conditions, in the preparation of contracts for the
sale of water and in the preparation of detailed plans and
estimates required for the financing of a project;
2) Advance to the commission, either as grants or loans,
such funds as may be necessary or convenient to finance the
operation and management of or construction by the com-
mission of any facility or project;
3) Make payments to the commission for benefits received
or to be received from the operation of any of the projects
or facilities of the commission.
(b) Any funds which may be loaned to the commission either
by a signatory party or a political subdivision thereof shall be
repaid by the commission through the issuance of bonds or out
of other income of the commission, such repayment to be made
within such period and upon such terms as may be agreed upon
between the commission and the signatory party or political
subdivision making the loan.
14.14 Condemnation Proceedings.
(a) The commission shall have the power to acquire by con-
demnation the fee or any lesser interest in lands, lands lying
under water, development rights in land, riparian rights, water
rights, waters and other real or personal property within the
basin for any project or facility authorized pursuant to this
compact. This grant of power of eminent domain includes but
is not limited to the power to condemn for the purposes of this
compact any property already devoted to a public use, by whom-
soever owned or held, other than property of a signatory party
and any property held, constructed, operated or maintained in
connection with a diversion authorized by a United States
Supreme Court decree. Any condemnation of any property or
franchises owned or used by a municipal or privately owned
public utility, unless the affected public utility facility is to be
relocated or replaced, shall be subject to the authority of such
state board, commission or other body as may have regulatory
jurisdiction over such public utility.
(b) Such power of condemnation shall be exercised in accord-
ance with the provisions of any federal law applicable to the
commission; provided that if there is no such applicable federal
law, condemnation proceedings shall be in accordance with the








provisions of such general state condemnation law as may be in
force in the signatory state in which the property is located.

(c) Any award or compensation for the taking of property
pursuant to this article shall be paid by the commission, and
none of the signatory parties nor any other agency, instru-
mentality or political subdivision thereof shall be liable for such
award or compensation.

14.15 Conveyance of Lands and Relocation of Public Facilities.
(a) The respective officers, agencies, departments, commis-
sions or bodies having jurisdiction and control over real and per-
sonal property owned by the signatory parties are authorized
and empowered to transfer and convey in accordance with the
laws of the respective parties to the commission any such
property as may be necessary or convenient to the effectuation
of the authorized purposes of the commission.

(b) Each political subdivision of each of the signatory parties
is authorized and empowered, notwithstanding any contrary
provision of law, to grant and convey to the commission, upon
the commission's request, any real property or any interest
therein owned by such political subdivisions including lands
lying under water and lands already devoted to public use which
may be necessary or convenient to the effectuation of the au-
thorized purposes of the commission.

(c) Any highway, public utility or other public facility which
will be dislocated by reason of a project deemed necessary by the
commission to effectuate the authorized purposes of this .com-
pact shall be relocated and the cost thereof shall be paid in ac-
cordance with the law of the state in which the facility is located;
provided that the cost of such relocation payable by the com-
mission shall not in any event exceed the expenditure required
to serve the public convenience and necessity.

14.16 Rights of Way. Permission is hereby granted to the
commission to locate, construct and maintain any aqueducts,
lines, pipes, conduits and auxiliary facilities authorized to be
acquired, constructed, owned, operated or maintained by the
commission in, over, under or across any streets and highways
now or hereafter owned, opened or dedicated to or for public
use, subject to such reasonable conditions as the highway depart-
ment of the signatory party may require.








14.17 Penal Sanction. Any person, association or corpora-
tion who violates or attempts or conspires to violate any pro-
vision of this compact or any rule, regulation or order of the
commission duly made, promulgated or issued pursuant to the
compact in addition to any other remedy, penalty or consequence
provided by law shall be punishable as may be provided by
statute of any of the signatory parties within which the offense
is committed; provided that in the absence of such provision any
such person, association or corporation shall be liable to a
penalty of not less than $50 nor more than $1,000 for each such
offense to be fixed by the court which the commission may re-
cover in its own name in any court of competent jurisdiction,
and in a summary proceeding where available under the practice
and procedure of such court. For the purposes of this section in
the event of a continuing offense each day of such violation,
attempt or conspiracy shall constitute a separate offense.
14.18 Tort Liability. The commission shall be responsible
for claims arising out of the negligent acts or omissions of its
officers, agents and employees only to the extent and subject to
the procedures prescribed by law generally with respect to
officers, agents and employees of the government of the United
States.
14.19 Effect on Riparian Rights. Nothing contained in this
compact shall be construed as affecting or intending to affect or
in any way to interfere with the law of the respective signatory
parties relating to riparian rights.
14.20 Amendments and Supplements. Amendments and sup-
plements to this compact to implement the purposes thereof may
be adopted by legislative action of any of the signatory parties
concurred in by all of the others.
14.21 Construction and Severability. The provisions of this Act
and of agreements thereunder shall be severable and if any
phrase, clause, sentence or provision of the Delaware River
Basin Compact or such agreement is declared to be unconstitu-
tional or the applicability thereof to any signatory party,
agency or person is held invalid, the constitutionality of the
remainder of such compact or such agreement and the appli-
cability thereof to any other signatory party, agency, person or
circumstance shall not be affected thereby. It is the legislative
intent that the provisions of such compact be reasonably and
liberally construed.








14.22 Effective Date; Execution. This compact shall become
binding and effective thirty days after the enactment of con-
curring legislation by the federal government, the states of
Delaware, New Jersey and New York, and the Commonwealth
of Pennsylvania. The compact shall be signed and sealed in six
duplicate original copies by the respective chief executives of
the signatory parties. One such copy shall be filed with the
Secretary of State of each of the signatory parties or in accord-
ance with the laws of the state in which the filing is made, and
one copy shall be filed and retained in the archives of the com-
mission upon its organization.








IN WITNESS WHEREOF, and in evidence of the adoption
and enactment into law of this compact by the Congress and
legislatures, respectively, of the signatory parties, the President
of the United States and the respective Governors do hereby, in
accordance with authority conferred by law, sign this compact
in six duplicate original copies, as attested by the respective
secretaries of state, and have caused the seals of the United
States and of the respective states to be hereunto affixed this
2nd day of November, 1961.



s/ JOHN F. KENNEDY
PRESIDENT OF THE UNITED STATES

Attest
s/ DEAN RUSK
SECRETARY OF STATE


s/ ELBERT N. CARVEL
GOVERNOR OF
THE STATE OF DELAWARE

Attest
s/ ELISHA C. DUKES
SECRETARY OF STATE


s/ NELSON A. ROCKEFELLER
GOVERNOR Or
THE STATE OF NEW YORK


Attest
s/ CAROLINE K. SIMON
SECRETARY OF STATE


s/ ROBERT B. MEYNER
GOVERNOR OF
THE STATE OF NEW JERSEY

Attest
s/ EDWARD J. PATTEN
SECRETARY OF STATE


s/ )AVID L. LAWRENCE
GOVERNOR 0F
THE COMMONWEALTH Of PENNSYLVANIA

Attest
s/ E. JAMES TRIMARCII, Ja.
SECRETARY Or THE COMMONWEALTH











PART II


EFFECTUATION
UNITED STATES: (from Public Law 87-328, 75 Stat. 688)
15.1 Reservations. In the exercise of the powers reserved to
the Congress, pursuant to Section 1.4 of the Compact, the con-
sent to and participation in the Compact by the United States
is subject to the following conditions and reservations:
(a) Notwithstanding any provision of the Delaware River
Basin Compact the Delaware River Basin Commission shall not
undertake any project (as defined in such compact), other than
a project for which State supplied funds only will be used, be-
yond the planning stage until-
(1) such commission has submitted to the Congress such
complete plans and estimates for such project as may be
necessary to make an engineering evaluation of such proj-
ect, including-
(A) where the project will serve more than one pur-
pose, an allocation of costs among the purposes served
and an estimate of the ratio of benefits to costs for each
such purpose.
(B) an apportionment of costs among the beneficiaries
of the project, including the portion of the costs to be
borne by the Federal Government and by State and local
governments, and
(C) a proposal for financing the project, including the
terms of any proposed bonds or other evidences of in-
debtedness to be used for such purpose; and
(2) such project has been authorized by Act of Congress.
(b) No provision of Section 3.7 of the Compact shall be
deemed to authorize the commission to impose any charge for
water withdrawals or diversions from the Basin if such with-
drawals or diversions could lawfully have been made without
charge on the effective date of the Compact; or to impose any
charges with respect to commercial navigation within the Basin,
jurisdiction over which is reserved to the Federal Government:









Provided, That this paragraph shall be applicable to the extent
not inconsistent with Section 1.4 of this Compact.
(c) Nothing contained in the Compact shall be deemed to
restrict the executive powers of the President in the event of a
national emergency.
(d) Notwithstanding the provisions of Article 2, Section 2.2
of the Compact, the member of the commission appointed by
the President of the United States and his alternate shall serve
at the pleasure of the President.
(e) Nothing contained in the Compact shall be construed as
impairing or in any manner affecting the applicability to all
Federal funds budgeted and appropriated for use by the com-
mission, or such authority over budgetary and appropriation
matters as the President and Congress may have with respect
to agencies in the Executive Branch of the Federal Govern-
ment.
(f) Except to the same extent that state bonds are or may con-
tinue to be free or exempt from Federal taxation under the
internal revenue laws of the United States, nothing contained in
the Compact shall be construed as freeing or exempting from
internal revenue taxation in any manner whatsoever any bonds
issued by the commission, their transfer, or the income there-
from (including any profits made on the sale thereon).
(g) Nothing contained in the Compact shall be construed to
obligate the United States legally or morally to pay the principal
or interest on any bonds issued by the Delaware River Basin
Commission.
(h) Notwithstanding the provisions of Section 11.5 or any
other provision of the Compact, the furnishing of technical
services to the commission by agencies of the Executive Branch
of the Government of the United States is pledged only to the
extent that the respective agencies shall from time to time agree
thereto or to the extent that the President may from time to
time direct such agencies to perform such services for the com-
mission. Nothing in the Compact shall be deemed to require the
United States to furnish administrative services or facilities for
carrying out functions of the commission except to the extent
that the President may direct.
(i) All laborers and mechanics employed by contractors or
subcontractors in the construction, alteration or repair, including








painting and decorating, of projects, buildings and works which
are undertaken by the commission or are financially assisted by
it, shall be paid wages at rates not less than those prevailing on
similar construction in the locality so determined by the Secre-
tary of Labor in accordance with the Davis-Bacon Act, as
amended (40 U.S.C. 276a-276a-5), and every such employee shall
receive compensation at a rate not less than one and one-half
times his basic rate of pay for all hours worked in any work-
week in excess of eight hours in any workday or forty hours in
any workweek, as the case may be. A provision stating the
minimum wages thus determined and the requirement that over-
time be paid as above provided shall be set out in each project
advertisement for bids and in each bid proposal form and shall
be made a part of the contract covering the project. The Secre-
tary of Labor shall have, with respect to the administration
and enforcement of labor standards specified in this provision,
the supervisory, investigatory and other authority and functions
set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R.
3176, 64 Stat. 1267, 5 U.S.C. 133z-15, and Section 2 of the Act of
June 13, 1934, as amended (48 Stat. 948, as amended; 40 U.S.C.
276(c)).
(j) Contracts for the manufacture or furnishing of materials,
supplies, articles and equipment with the commission which are
in excess of $10,000 shall be subject to the provisions of the
Walsh-Healey Public Contracts Act (41 U.S.C. 35 et seq.).
(k) Notwithstanding any other provision of this Act, nothing
contained in this Act or in the Compact shall be construed as
superseding or limiting the functions, under any other law, of
the Secretary of Health, Education, and Welfare or of any other
officer or agency of the United States, relating to water pollu-
tion: Provided, That the exercise of such functions shall not
limit the authority of the commission to control, prevent, or
abate water pollution.
(1) The provisions of Section 8.4 of Article 8 of the Compact
shall not be construed to apply to facilities operated pursuant
to any other Federal law.
(m) For purposes of the Act of June 25, 1948, 62 Stat. 982,
as amended (Title 28, U.S. Code, chapter 171, and Sections
1346(b) and 240(b)) and the Act of March 3, 1887, 24 Stat. 505,
as amended (Title 28, U.S. Code, Section 1402, 1491, 1496, 1501,
1503, 2071, 2072, 2411, 2412, 2501), and the Act of June 11, 1946,
60 Stat. 237, as amended (Title 5, U.S. Code, Sections 1001 and








1011, Title 50 App. U.S. Code, Section 1900), the commission
shall not be considered a Federal agency.
(n) The officers and employees of the commission (other than
the United States member, alternate United States member,
and advisors, and personnel employed by the United States
member under direct Federal appropriation) shall not be
deemed to be, for any purpose, officers or employees of the
United States or to become entitled at any time by reason of
employment by the commission to any compensation or benefit
payable or made available by the United States solely and
directly to its officers or employees.
(o) Neither the Compact nor this Act shall be deemed to
enlarge the authority of any Federal agency other than the com-
mission to participate in or to provide funds for projects or
activities in the Delaware River Basin.
(p) The United States district courts shall have original
jurisdiction of all cases or controversies arising under the
Compact, and this Act and any case or controversy so arising
initiated in a State Court shall be removable to the appropriate
United States district court in the manner provided by 1446,
Title 28 U.S.C. Nothing contained in the Compact or elsewhere
in this Act shall be construed as a waiver by the United States
of its immunity from suit.
(q) The right to alter, amend, or repeal this Act is hereby
expressly reserved. The right is hereby reserved to the Congress
or any of its standing committees to require the disclosure and
furnishing of such information and data by the Delaware River
Basin Compact Commission as is deemed appropriate by the
Congress or any such committee.
(r) The provisions of Sections 2.4 and 2.6 of Article 2 of the
Compact notwithstanding, the member and alternate member
appointed by the President and advisor there referred to may
be paid compensation by the United States, such compensation
to be fixed by the President at the rates which he shall deem to
prevail in respect to comparable officers in the executive branch.
(s) 1. Nothing contained in this Act or in the Compact shall
impair or affect the constitutional authority of the United States
or any of its powers, rights, functions, or jurisdiction under
other existing or future legislation in and over the area or waters
which are the subject of the Compact including projects of the
commission: Provided, That whenever a comprehensive plan,









or any part or revision thereof, has been adopted with the con-
currence of the member appointed by the President, the exercise
of any powers conferred by law on any officer, agency or instru-
mentality of the United States with regard to water and related
land resources in the Delaware River Basin shall not substan-
tially conflict with any such portion of such comprehensive plan
and the provisions of Section 3.8 and Article 11 of the Compact
shall be applicable to the extent necessary to avoid such sub-
stantial conflict: Provided further, That whenever the President
shall find and determine that the national interest so requires,
he may suspend, modify or delete any provision of the compre-
hensive plan to the extent that it affects the exercise of any
powers, rights, functions, or jurisdiction conferred by law on
any officer, agency or instrumentality of the United States other
than the commission. Such action shall be taken by executive
order in which such finding and determination shall be set forth.
2. For the purposes of paragraph 1 hereof, concurrence by
the member appointed by the President shall be presumed unless
within 60 days after notice to him of adoption of the compre-
hensive plan, or any part or revision thereof, he shall file with
the commission notice of his nonconcurrence. Each concurrence
of the member appointed by the President in the adoption of
the comprehensive plan or any part or revision thereof may be
withdrawn by notice filed with the commission at any time be-
tween the first and sixtieth day of the sixth year after the initial
adoption of the comprehensive plan and of every sixth year
thereafter.
(t) In the event that any phrase, clause, sentence or provision
of Section 1.4 of Article 1 of the Compact, is declared to be un-
constitutional under the constitution of any of the signatory
parties, or the applicability thereof to any signatory party,
agency or person is held invalid by a court of last resort of com-
petent jurisdiction, the United States shall cease to be a party
to the Compact, except to the extent that the President deems
remaining a party necessary and proper to protect the national
interest, and shall cease to be bound by the terms thereof.
(u) All Acts or parts of Acts inconsistent with the provisions
of this Act are hereby amended for the purpose of this Act to
the extent necessary to carry out the provisions of this Act:
Provided, however, That no act of the commission shall have
the effect of repealing, modifying or amending any Federal law.








15.2 Effectuation. (a) The President is authorized to take such
action as may be necessary and proper, in his discretion, to
effectuate the Compact and the initial organization and opera-
tion of the Commission thereunder.
(b) Executive departments and other agencies of the execu-
tive branch of the Federal Government shall cooperate with
and furnish appropriate assistance to the United States
member. Such assistance shall include the furnishing of
services and facilities and may include the detailing of person-
nel to the United States member. Appropriations are hereby
authorized as necessary for the carrying out of the functions
of the United States member, including appropriations for the
employment of personnel by the United States member.
15.3 Effective Date. This Act shall take effect immediately.
DELAWARE: (from 53 Delaware Laws, Chapter 71)
1011. Repealer. All acts and parts of acts inconsistent with
any provision of this act are to the extent of such inconsistency
hereby repealed.
1012. Effectuation by Chief Executive. The chief executive is
authorized to take such action as may be necessary and proper,
in his discretion, to effectuate the compact and the initial organ-
ization and operation of the commission thereunder.
1013. Effective Date. This act shall take effect immediately.

NEW JERSEY: (from New Jersey Laws of 1961, Chapter 13)
15.1 Repealer. All acts and parts of acts inconsistent with any
provision of this act are to the extent of such inconsistency
hereby repealed.
15.2 Effectuation by Chief Executive. The chief executive is
authorized to take such action as may be necessary and proper,
in his discretion, to effectuate the compact and the initial organ-
ization and operation of the commission thereunder.
15.3 Effective Date. This act shall take effect immediately.
*NEW YORK: (from New York Laws of 1961, Chapter 148); with
Sections of the Conservation Law as renumbered by Laws of 1962,
Chapter 73.
631. Commissioner and Alternate. 1. As provided in the
second subdivision of section two of article two of the compact,
the governor shall be this state's member on the commission
*The Sections have been renumbered by Laws of 1962, Chapter 73 and now constitute Sections
802-812 of the Conservation Law.








established thereby. The governor shall appoint a member of
the water resources commission as his alternate pursuant to the
third subdivision of said section two of article two of the com-
pact. In the absence of the governor and such member of the
water resources commission, the powers, duties and functions of
this state's member of the Delaware river basin commission
shall be performed by the alternate of said department head on
the water resources commission.
2. Any person serving on the Delaware river basin commis-
sion pursuant to this section shall be reimbursed for all
necessary expenses incurred as an incident of such service, and
such reimbursement shall be from the funds of said person's
department or office.
682. Advisors. 1. The member of the Delaware river basin
commission from this state shall have an advisor as contem-
plated by subdivision six of section two of article two of the
compact. Such advisor shall be the mayor of the city of New
York or his designee, but no designee of the mayor shall be
recognized as an advisor or accorded any privileges as such
unless the mayor shall have notified the commission member
from this state and the Delaware river basin commission in
writing of the selection of such designee and of his identity.
2. The members of the water resources commission and the
state commissioner of commerce shall constitute an advisory
committee with whom the member of the Delaware river basin
commission from this state shall consult with respect to the
conduct of New York participation in the compact. Such mem-
ber of the commission also shall consult from time to time with
other officers of the state government or any subdivision thereof,
as may be appropriate.
633. Consent to Alteration of Diversions. 1. Consent of this
state to the impairment, diminution or other adverse effect on
diversions, compensating releases, rights, conditions, obliga-
tions, and provisions for the administration thereof as contem-
plated by subdivision three of section three of article three of
the compact shall not be given, except with the prior approval
of the water resources commission.
2. Except with respect to diversions governed by subdivision
one of this section and the provision of the compact referred to
therein, the provisions of section four hundred fifty-two of the








conservation law shall not apply to any diversion or furnishing
of water authorized by or made pursuant to the compact.

634. Jurisdiction of Courts. Except as otherwise specifically
provided herein, the phrase "court of competent jurisdiction"
as used in the compact shall, with reference to this state, mean
the supreme court, and said court is hereby given all necessary
and appropriate jurisdiction to hear and determine any action
or proceeding brought before it pursuant to appropriate pro-
visions of the compact. As used in subdivision six of section ten
of article ten of the compact, the phrase "court of competent
jurisdiction" shall mean a court in which an appropriate pro-
ceeding under article seventy-eight of the civil practice act may
be brought. As used in item one of paragraph (a) of subdivision
one of section fourteen of article fourteen of the compact, the
phrase "court of competent jurisdiction" shall mean any court
of this state in which an action or proceeding of the class
brought by the Delaware river basin commission may be heard
and determined.

635. Prior to Project Approval. No project requiring a license,
permit or other approval by any agency or officer of this state,
or any subdivision thereof, shall be given any such license,
permit, or approval, if such project requires approval of the
Delaware river basin commission pursuant to the compact and
such has not been given.

636. Agreements with Municipalities. Any city, county, town
or village within the "basin", as that term is defined in the
compact, shall have power to make agreements to provide
technical and financial aid as contemplated by paragraph (b)
of subdivision two of section six of article six of the compact.
Nothing herein contained shall be construed to relieve any such
city, county, town or village from compliance with any general
or special laws relating to the receipt of grants or other assist-
ance from other governmental units and contracts in connec-
tion therewith.

637. Delegations of Power. No agency or officer of this state
or any subdivision thereof shall accept or exercise any delega-
tion of power pursuant to subdivision one of section ten of
article ten of the compact unless, in the absence of the compact,
it would have the constitutional or statutory power to exercise
such power on its own account.









688. Cooperative Services. Departments, agencies and officers
shall provide technical and administrative services to the
Delaware river basin commission upon request, within the limits
of available appropriations and shall cooperate generally with
said commission for the purposes of the compact.

639. Budget. The Delaware river basin commission shall
submit annually to the director of the budget, in accordance with
the rules and practice of the state, for study and consideration
by such director, an estimate of moneys required to administer,
manage and support the commission during the ensuing fiscal
year. Such estimate shall include any request for appropriation
of funds by New York and shall be accompanied by a tabulation
of similar requests which the commission expects to make to
each other member state and the formula or factors upon which
such respective requests are based. The provisions of sub-
division three of section thirteen of article thirteen of the com-
pact shall apply to the budgetary and other fiscal matters
related to the participation of this state in the compact.

640. Audit. Pursuant to paragraph (b) of subdivision eleven
of section fourteen of article fourteen of the compact, the state
comptroller is hereby authorized and empowered from time to
time to examine the accounts and books of the commission,
including its receipts, disbursements and such other items
referring to its financial standing as such comptroller may deem
proper and to report the results of such examination to the
governor.

641. Inconsistent Laws. No provision of the conservation law
or of any other law, which is inconsistent with the provisions
of the compact shall be applicable to the Delaware river basin
commission or to any matter governed by the compact.

2. Effectuation. The compact set forth in the conservation
law as amended by section one of this act shall become binding
and effective in accordance with the provisions of subdivision
twenty-one of section fourteen of article fourteen thereof. The
governor is hereby authorized and directed to sign and seal the
compact as provided in said subdivision twenty-one and to cause
copies thereof to be filed in accordance therewith.

8. Effective Date. This act shall take effect immediately.








PENNSYLVANIA: (from Pennsylvania Acts of 1961, Act No.
268)
Section 2. Repealer. All acts and parts of acts inconsistent
with any provision of this act are to the extent of such incon-
sistency hereby repealed.
Section 3. Effectuation by Chief Executive. The chief executive
is authorized to take such action as may be necessary and
proper in his discretion to effectuate the compact and the initial
organization and operation of the commission thereunder.
Section 4. Effective Date. This act shall take effect immediately.




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