New York § 21-0701 Delaware river basin compact

New York Statutes

§ 21-0701 — Delaware river basin compact

New York·Law ENV Environmental Conservation·Title 7 Delaware River Basin Compact·Art. 21 Pollution Control Compacts

§ 21-0701. Delaware river basin compact.\n  The Delaware river basin compact as first entered into pursuant to\nchapter 148 of the laws of 1961, as renumbered by chapter 801 of the\nlaws of 1962, and as amended by chapter 262 of the laws of 1970, is\nhereby continued as follows:\n  The Delaware river basin compact is hereby entered into and enacted\ninto law, subject to the execution by the Governor as provided in said\ncompact and in accordance with its terms. The compact is as follows:\n  WHEREAS the signatory parties recognize the water and related\nresources of the Delaware basin as regional assets vested with local,\nstate and national interests, for which they have a joint\nresponsibility; and\n  WHEREAS the conservation, utilization, development, management and\ncontrol of the water

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§ 21-0701. Delaware river basin compact.\n The Delaware river basin compact as first entered into pursuant to\nchapter 148 of the laws of 1961, as renumbered by chapter 801 of the\nlaws of 1962, and as amended by chapter 262 of the laws of 1970, is\nhereby continued as follows:\n The Delaware river basin compact is hereby entered into and enacted\ninto law, subject to the execution by the Governor as provided in said\ncompact and in accordance with its terms. The compact is as follows:\n WHEREAS the signatory parties recognize the water and related\nresources of the Delaware basin as regional assets vested with local,\nstate and national interests, for which they have a joint\nresponsibility; and\n WHEREAS the conservation, utilization, development, management and\ncontrol of the water and related resources of the Delaware River Basin\nunder a comprehensive multi-purpose plan will bring the greatest\nbenefits and produce the most efficient service in the public welfare;\nand\n WHEREAS such a comprehensive plan administered by a basin-wide agency\nwill provide effective flood damage reduction; conservation and\ndevelopment of ground and surface water supply for municipal, industrial\nand agricultural uses; development of recreational facilities in\nrelation to reservoirs, lakes and streams; propagation of fish and game;\npromotion of related forestry, soil conservation and watershed projects;\nprotection and aid to fisheries dependent upon water resources;\ndevelopment of hydro-electric power potentialities; improved navigation;\ncontrol of the movement of salt water; abatement and control of stream\npollution; and regulation of stream flows toward the attainment of these\ngoals; and\n WHEREAS decisions of the United States Supreme Court relating to the\nwaters of the basin have confirmed the interstate regional character of\nthe water resources of the Delaware River Basin, and the United States\nCorps of Engineers has in a prior report on the Delaware River Basin\n(House Document 179, 73d Cong., 2nd Sess.) officially recognized the\nneed for an interstate agency and the economies that can result from\nunified development and control of the water resources of the basin; and\n WHEREAS the water resources of the basin are presently subject to the\nduplicating, overlapping and uncoordinated administration of some 43\nstate agencies, 14 interstate agencies and 19 federal agencies which\nexercise a multiplicity of powers and duties resulting in a splintering\nof authority and responsibilities; and\n WHEREAS the joint advisory body known as the Interstate Commission on\nthe Delaware River Basin (INCODEL), created by the respective\ncommissions or committee on Interstate Cooperation of the States of\nDelaware, New Jersey, New York and Pennsylvania, has on the basis of its\nextensive investigations, surveys and studies concluded that regional\ndevelopment of the Delaware River Basin is feasible, advisable and\nurgently needed; and has recommended that an interstate compact with\nfederal participation be consummated to this end; and\n WHEREAS the Congress of the United States and the executive branch of\nthe government have recognized the national interest in the Delaware\nRiver Basin by authorizing and directing the Corps of Engineers, U.S.\nDepartment of the Army, to make a comprehensive survey and report on the\nwater and related resources of the Delaware River Basin, enlisting the\ntechnical aid and planning participation of many federal, state and\nmunicipal agencies dealing with the waters of the basin, and in\nparticular the federal departments of Agriculture, Commerce, Health,\nEducation and Welfare, Interior, and Federal Power Commission; and\n WHEREAS some 22,000,000 people of the United States at present live\nand work in the region of the Delaware River Basin and its environs, and\nthe government, employment, industry and economic development of the\nentire region and the health, safety and general welfare of its\npopulation are and will continue to be vitally affected by the use,\nconservation, management and control of the water and related resources\nof the Delaware River Basin; and\n WHEREAS demands upon the waters and related resources of the basin are\nexpected to mount rapidly because of the anticipated increase in the\npopulation of the region projected to reach 30,000,000 by 1980 and\n40,000,000 by 2010, and because of the anticipated increase in\nindustrial growth projected to double by 1980; and\n WHEREAS water resources planning and development is technical, complex\nand expensive, and has often required fifteen to twenty years from the\nconception to the completion of a large dam and reservoir; and\n WHEREAS the public interest requires that facilities must be ready and\noperative when needed, to avoid the catastrophe of unexpected floods or\nprolonged drought, and for other purposes; and\n WHEREAS the Delaware River Basin Advisory Committee, a temporary body\nconstituted by the governors of the four basin states and the mayors of\nthe cities of New York and Philadelphia, has prepared a draft of an\ninterstate-federal compact for the creation of a basin agency, and the\nsignatory parties desire to effectuate the purposes thereof;\n Now therefore the states of Delaware, New Jersey and New York and the\nCommonwealth of Pennsylvania, and the United States of America hereby\nsolemnly covenant and agree with each other, upon the enactment of\nconcurrent legislation by the Congress of the United States and by the\nrespective state legislatures, having the same effect as this Part as\nfollows:\n ARTICLE 1--SHORT TITLE, DEFINITIONS, PURPOSE AND LIMITATIONS\nSection 1.1 Short title.\n This act shall be known and may be cited as the Delaware River Basin\nCompact.\n1.2. Definitions.\n For the purposes of this compact, and of any supplemental or\nconcurring legislation enacted pursuant thereto, except as may be\notherwise required by the context:\n (a) "Basin" shall mean the area of drainage into the Delaware River\nand its tributaries, including Delaware Bay;\n (b) "Commission" shall mean the Delaware River Basin Commission\ncreated and constituted by this compact;\n (c) "Compact" shall mean the compact as contained title 7 of article\n21 of the Environmental Conservation Law.\n (d) "Cost" shall mean direct and indirect expenditures, commitment,\nand net induced adverse effects, whether or not compensated for, used or\nincurred in connection with the establishment, acquisition,\nconstruction, maintenance and operation of a project;\n (e) "Facility" shall mean any real or personal property, within or\nwithout the basin, and improvements thereof or thereon, and any and all\nrights of way, water, water rights, plants, structures, machinery and\nequipment, acquired, constructed, operated or maintained for the\nbeneficial use of water resources or related land uses including,\nwithout limiting the generality of the foregoing, any and all things and\nappurtenances necessary, useful or convenient for the control,\ncollection, storage, withdrawal, diversion, release, treatment,\ntransmission, sale or exchange of water; or for navigation thereon, or\nthe development and use of hydroelectric energy and power, and public\nrecreational facilities; or the propagation of fish and wildlife; or to\nconserve and protect the water resources of the basin or any existing or\nfuture water supply source, or to facilitate any other uses of any of\nthem;\n (f) "Federal government" shall mean the government of the United\nStates of America, and any appropriate branch, department, bureau or\ndivision thereof, as the case may be;\n (g) "Project" shall mean any work, service or activity which is\nseparately planned, financed, or identified by the commission, or any\nseparate facility undertaken or to be undertaken within a specified\narea, for the conservation, utilization, control, development or\nmanagement of water resources which can be established and utilized\nindependently or as an addition to an existing facility, and can be\nconsidered as a separate entity for purposes of evaluation;\n (h) "Signatory party" shall mean a state or commonwealth party to this\ncompact, and the federal government;\n (i) "Water resources" shall include water and related natural\nresources in, on, under, or above the ground, including related uses of\nland, which are subject to beneficial use, ownership or control.\n1.3 Purpose and findings.\n The legislative bodies of the respective signatory parties hereby find\nand declare:\n (a) The water resources of the basin are affected with a local, state,\nregional and national interest and their planning, conservation,\nutilization, development, management and control, under appropriate\narrangements for intergovernmental cooperation, are public purposes of\nthe respective signatory parties.\n (b) The water resources of the basin are subject to the soverign right\nand responsibility of the signatory parties, and it is the purpose of\nthis compact to provide for a joint exercise of such powers of\nsovereignty in the common interests of the people of the region.\n (c) The water resources of the basin are functionally interrelated,\nand the uses of these resources are interdependent. A single\nadministrative agency is therefore essential for effective and\neconomical direction, supervision and coordination of efforts and\nprograms of federal, state and local governments and of private\nenterprise.\n (d) The water resources of the Delaware River Basin, if properly\nplanned and utilized, are ample to meet all presently projected demands,\nincluding existing and added diversions in future years; and ever\nincreasing economies and efficiencies in the use and reuse of water\nresources can be brought about by comprehensive planning, programming\nand management.\n (e) In general, the purposes of this compact are to promote interstate\ncomity; to remove causes of present and future controversy; to make\nsecure and protect present developments within the states; to encourage\nand provide for the planning, conservation, utilization, development,\nmanagement and control of the water resources of the basin; to provide\nfor cooperative planning and action by the signatory parties with\nrespect to such water resources; and to apply the principle of equal and\nuniform treatment to all water users who are similarly situated and to\nall users of related facilities, without regard to established political\nboundaries.\n1.4 Powers of Congress; withdrawal.\n Nothing in this compact shall be construed to relinquish the\nfunctions, powers or duties of the Congress of the United States with\nrespect to the control of any navigable waters within the basin, nor\nshall any provision hereof be construed in derogation of any of the\nconstitutional powers of the Congress to regulate commerce among the\nstates and with foreign nations. The power and right of the Congress to\nwithdraw the federal government as a party to this compact or to revise\nor modify the terms, conditions and provisions under which it may remain\na party by amendment, repeal or modification of any federal statute\napplicable thereto is recognized by the signatory parties.\n1.5 Existing agencies; construction.\n It is the purpose of the signatory parties to preserve and utilize the\nfunctions, powers and duties of existing offices and agencies of\ngovernment to the extent not inconsistent with this compact, and the\ncommission is authorized and directed to utilize and employ such offices\nand agencies for the purpose of this compact to the fullest extent it\nfinds feasible and advantageous.\n1.6 Duration of compact.\n (a) The duration of this compact shall be for an initial period of 100\nyears from its effective date, and it shall be continued for additional\nperiods of 100 years if not later than 20 years nor sooner than 25 years\nprior to the termination of the initial period or any succeeding period\nnone of the signatory states, by authority of an act of its legislature,\nnotifies the commission of intention to terminate the compact at the end\nof the then current 100 year period.\n (b) In the event that this compact should be terminated by operation\nof paragraph (a) above, the commission shall be dissolved, its assets\nand liabilities transferred, and its corporate affairs wound up, in such\nmanner as may be provided by act of the Congress.\n ARTICLE 2--ORGANIZATION AND AREA\nSection 2.1 Commission created.\n The Delaware River Basin Commission is hereby created as a body\npolitic and corporate, with succession for the duration of this compact,\nas an agency and instrumentality of the governments of the respective\nsignatory parties.\n2.2 Commission membership.\n The commission shall consist of the Governors of the signatory states,\nex officio, and one commissioner to be appointed by the President of the\nUnited States to serve during the term of office of the President.\n2.3 Alternates.\n Each member of the commission shall appoint an alternate to act in his\nplace and stead, with authority to attend all meetings of the\ncommission, and with power to vote in the absence of the member. Unless\notherwise provided by law of the signatory party for which he is\nappointed, each alternate shall serve during the term of the member\nappointing him, subject to removal at the pleasure of the member. In the\nevent of a vacancy in the office of alternate, it shall be filled in the\nsame manner as an original appointment for the unexpired term only.\n2.4 Compensation.\n Members of the commission and alternates shall serve without\ncompensation but may be reimbursed for necessary expenses incurred in\nand incident to the performance of their duties.\n2.5 Voting power.\n Each member shall be entitled to one vote on all matters which may\ncome before the commission. No action of the commission shall be taken\nat any meeting unless a majority of the membership shall vote in favor\nthereof.\n2.6 Organization and procedure.\n The commission shall provide for its own organization and procedure,\nand shall adopt rules and regulations governing its meetings and\ntransactions. It shall organize annually by the election of a chairman\nand vice-chairman from among its members. It shall provide by its rules\nfor the appointment by each member in his discretion of an advisor to\nserve without compensation, who may attend all meetings of the\ncommission and its committees.\n2.7 Jurisdiction of the commission.\n The commission shall have, exercise and discharge its functions,\npowers and duties within the limits of the basin, except that it may in\nits discretion act outside the basin whenever such action may be\nnecessary or convenient to effectuate its powers or duties within the\nbasin, or to sell or dispose of water, hydroelectric power or other\nwater resources within or without the basin. The commission shall\nexercise such power outside the basin only upon the consent of the state\nin which it proposes to act.\n ARTICLE 3--POWERS AND DUTIES OF THE COMMISSION\nSection 3.1 Purpose and policy.\n The commission shall develop and effectuate plans, policies and\nprojects relating to the water resources of the basin. It shall adopt\nand promote uniform and coordinated policies for water conservation,\ncontrol, use and management in the basin. It shall encourage the\nplanning, development and financing of water resources projects\naccording to such plans and policies.\n3.2 Comprehensive plan, program and budgets.\n The commission shall, in accordance with Article 13 of this compact,\nformulate and adopt:\n (a) A comprehensive plan, after consultation with water users and\ninterested public bodies, for the immediate and long range development\nand uses of the water resources of the basin;\n (b) A water resources program, based upon the comprehensive plan,\nwhich shall include a systematic presentation of the quantity and\nquality of water resources needs of the area to be served for such\nreasonably foreseeable period as the commission may determine, balanced\nby existing and proposed projects required to satisfy such needs,\nincluding all public and private projects affecting the basin, together\nwith a separate statement of the projects proposed to be undertaken by\nthe commission during such period; and\n (c) An annual current expense budget, and an annual capital budget\nconsistent with the water resources program covering the commission's\nprojects and facilities for the budget period.\n3.3 Allocations, diversions and releases.\n The commission shall have the power from time to time as need appears,\nin accordance with the doctrine of equitable apportionment, to allocate\nthe waters of the basin to and among the states signatory to this\ncompact and to and among their respective political subdivisions, and to\nimpose conditions, obligations and release requirements related thereto,\nsubject to the following limitations:\n (a) The commission, without the unanimous consent of the parties to\nthe United States Supreme Court decree in New Jersey v. New York, 347\nU.S. 995 (1954), shall not impair, diminish or otherwise adversely\naffect the diversions, compensating releases, rights, conditions,\nobligations, and provisions for the administration thereof as provided\nin said decree; provided, however, that after consultation with the\nriver master under said decree the commission may find and declare a\nstate of emergency resulting from a drought or catastrophe and it may\nthereupon by unanimous consent of its members authorize and direct an\nincrease or decrease in any allocation or diversion permitted or\nreleases required by the decree, in such manner and for such limited\ntime as may be necessary to meet such an emergency condition.\n (b) No allocation of waters hereafter made pursuant to this section\nshall constitute a prior appropriation of the waters of the basin or\nconfer any superiority of right in respect to the use of those waters,\nnor shall any such action be deemed to constitute an apportionment of\nthe waters of the basin among the parties hereto; provided that this\nparagraph shall not be deemed to limit or restrict the power of the\ncommission to enter into covenants with respect to water supply, with a\nduration not exceeding the life of this compact, as it may deem\nnecessary for the benefit or development of the water resources of the\nbasin.\n (c) Any proper party deeming itself aggrieved by action of the\ncommission with respect to an out-of-basin diversion or compensating\nreleases in connection therewith, notwithstanding the powers delegated\nto the commission by this compact may invoke the original jurisdiction\nof the United States Supreme Court within one year after such action for\nan adjudication and determination thereof de novo. Any other action of\nthe commission pursuant to this section shall be subject to judicial\nreview in any court of competent jurisdiction.\n3.4 Supreme court decree; waivers.\n Each of the signatory states and their respective political\nsubdivisions, in consideration of like action by the others, and in\nrecognition of reciprocal benefits, hereby waives and relinquishes for\nthe duration of this compact any right, privilege or power it may have\nto apply for any modification of the terms of the decree of the United\nStates Supreme Court in New Jersey v. New York, 347 U.S. 995 (1954)\nwhich would increase or decrease the diversions authorized or increase\nor decrease the releases required thereunder, except that a proceeding\nto modify such decree to increase diversions or compensating releases in\nconnection with such increased diversions may be prosecuted by a proper\nparty to effectuate rights, powers, duties and obligations under Section\n3.3 of this compact, and except as may be required to effectuate the\nprovisions of paragraphs III B 3 and V B of said decree.\n3.5 Supreme court decree; specific limitations on commission.\n Except as specifically provided in Sections 3.3 and 3.4 of this\narticle, nothing in this compact shall be construed in any way to\nimpair, diminish or otherwise adversely affect the rights, powers,\nprivileges, conditions and obligations contained in the decree of the\nUnited States Supreme Court in New Jersey v. New York, 347 U.S. 995\n(1954). To this end, and without limitation thereto, the commission\nshall not:\n (a) Acquire, construct or operate any project or facility or make any\norder or take any action which would impede or interfere with the\nrights, powers, privileges, conditions or obligations contained in said\ndecree;\n (b) Impose or collect any fee, charge or assessment with respect to\ndiversions of waters of the basin permitted by said decree;\n (c) Exercise any jurisdiction, except upon consent of all the parties\nto said decree, over the planning, design, construction, operation or\ncontrol of any projects, structures or facilities constructed or used in\nconnection with withdrawals, diversions and releases of waters of the\nbasin authorized by said decree or of the withdrawals, diversions or\nreleases to be made thereunder; or\n (d) Serve as river master under said decree, except upon consent of\nall the parties thereto.\n3.6 General powers.\n The commission may:\n (a) Plan, design, acquire, construct, reconstruct, complete, own,\nimprove, extend, develop, operate and maintain any and all projects,\nfacilities, properties, activities and services, determined by the\ncommission to be necessary, convenient or useful for the purposes of\nthis compact;\n (b) Establish standards of planning, design and operation of all\nprojects and facilities in the basin which affect its water resources,\nincluding without limitation thereto water and waste treatment plants,\nstream and lake recreational facilities, trunk mains for water\ndistribution, local flood protection works, small watershed management\nprograms, and ground water recharging operations;\n (c) Conduct and sponsor research on water resources, their planning,\nuse, conservation, management, development, control and protection, and\nthe capacity, adaptability and best utility of each facility thereof,\nand collect, compile, correlate, analyze, report and interpret data on\nwater resources and uses in the basin, including without limitation\nthereto the relation of water to other resources, industrial water\ntechnology, ground water movement, relation between water price and\nwater demand, and general hydrological conditions;\n (d) Compile and coordinate systematic stream stage and ground water\nlevel forecasting data, and publicize such information when and as\nneeded for water uses, flood warning, quality maintenance or other\npurposes;\n (e) Conduct such special ground water investigations, tests, and\noperations and compile such data relating thereto as may be required to\nformulate and administer the comprehensive plan;\n (f) Prepare, publish and disseminate information and reports with\nrespect to the water problems of the basin and for the presentation of\nthe needs, resources and policies of the basin to executive and\nlegislative branches of the signatory parties;\n (g) Negotiate for such loans, grants, services or other aids as may be\nlawfully available from public or private sources to finance or assist\nin effectuating any of the purposes of this compact; and to receive and\naccept such aid upon such terms and conditions, and subject to such\nprovisions for repayment as may be required by federal or state law or\nas the commission may deem necessary or desirable;\n (h) Exercise such other and different powers as may be delegated to it\nby this compact or otherwise pursuant to law, and have and exercise all\npowers necessary or convenient to carry out its express powers or which\nmay be reasonably implied therefrom.\n3.7 Rates and charges.\n The commission may from time to time after public notice and hearing\nfix, alter and revise rates, rentals, charges and tolls and\nclassifications thereof, for the use of facilities which it may own or\noperate and for products and services rendered thereby, without\nregulation or control by any department, office or agency of any\nsignatory party.\n3.8 Referral and review.\n No project having a substantial effect on the water resources of the\nbasin shall hereafter be undertaken by any person, corporation or\ngovernmental authority unless it shall have been first submitted to and\napproved by the commission, subject to the provisions of Sections 3.3\nand 3.5. The commission shall approve a project whenever it finds and\ndetermines that such project would not substantially impair or conflict\nwith the comprehensive plan and may modify and approve as modified, or\nmay disapprove any such project whenever it finds and determines that\nthe project would substantially impair or conflict with such plan. The\ncommission shall provide by regulation for the procedure of submission,\nreview and consideration of projects, and for its determinations\npursuant to this section. Any determination of the commission hereunder\nshall be subject to judicial review in any court of competent\njurisdiction.\n3.9 Coordination and cooperation.\n The commission shall promote and aid the coordination of the\nactivities and programs of federal, state, municipal and private\nagencies concerned with water resources administration in the basin. To\nthis end, but without limitation thereto, the commission may:\n (a) Advise, consult, contract, financially assist, or otherwise\ncooperate with any and all such agencies;\n (b) Employ any other agency or instrumentality of any of the signatory\nparties or of any political subdivision thereof, in the design,\nconstruction, operation and maintenance of structures, and the\ninstallation and management of river control systems, or for any other\npurpose;\n (c) Develop and adopt plans and specifications for particular water\nresources projects and facilities which so far as consistent with the\ncomprehensive plan incorporate any separate plans of other public and\nprivate organizations operating in the basin, and permit the\ndecentralized administration thereof;\n (d) Qualify as a sponsoring agency under any federal legislation\nheretofore or hereafter enacted to provide financial or other assistance\nfor the planning, conservation, utilization, development, management or\ncontrol of water resources.\n3.10 Advisory committees.\n The commission may constitute and empower advisory committees, which\nmay be comprised of representatives of the public and of federal, state,\ncounty and municipal governments, water resources agencies, water-using\nindustries, water-interest groups, labor and agriculture.\n ARTICLE 4--WATER SUPPLY\nSection 4.1 Generally.\n The commission shall have power to develop, implement and effectuate\nplans and projects for the use of the waters of the basin for domestic,\nmunicipal, agricultural and industrial water supply. To this end,\nwithout limitation thereto, it may provide for, construct, acquire,\noperate and maintain dams, reservoirs and other facilities for\nutilization of surface and ground water resources, and all related\nstructures, appurtenances and equipment on the river and its tributaries\nand at such off-river sites as it may find appropriate, and may regulate\nand control the use thereof.\n4.2 Storage and release of waters.\n (a) The commission shall have power to acquire, operate and control\nprojects and facilities for the storage and release of waters, for the\nregulation of flows and supplies of surface and ground waters of the\nbasin, for the protection of public health, stream quality control,\neconomic development, improvement of fisheries, recreation, dilution and\nabatement of pollution, the prevention of undue salinity and other\npurposes.\n (b) No signatory party shall permit any augmentation of flow to be\ndiminished by the diversion of any water of the basin during any period\nin which waters are being released from storage under the direction of\nthe commission for the purpose of augmenting such flow, except in cases\nwhere such diversion is duly authorized by this compact, or by the\ncommission pursuant thereto, or by the judgment, order or decree of a\ncourt of competent jurisdiction.\n4.3 Assessable improvements.\n The commission may undertake to provide stream regulation in the main\nstream or any tributary in the basin and may assess on an annual basis\nor otherwise the cost thereof upon water users or any classification of\nthem specially benefited thereby to a measurable extent, provided that\nno such assessment shall exceed the actual benefit to any water user.\nAny such assessment shall follow the procedure prescribed by law for\nlocal improvement assessments and shall be subject to judicial review in\nany court of competent jurisdiction.\n4.4 Coordination.\n Prior to entering upon the execution of any project authorized by this\narticle, the commission shall review and consider all existing rights,\nplans and programs of the signatory parties, their political\nsubdivisions, private parties, and water users which are pertinent to\nsuch project, and shall hold a public hearing on each proposed project.\n4.5 Additional powers.\n In connection with any project authorized by this article, the\ncommission shall have power to provide storage, treatment, pumping and\ntransmission facilities, but nothing herein shall be construed to\nauthorize the commission to engage in the business of distributing\nwater.\n ARTICLE 5--POLLUTION CONTROL\nSection 5.1 General powers.\n The commission may undertake investigations and surveys, and acquire,\nconstruct, operate and maintain projects and facilities to control\npotential pollution and abate or dilute existing pollution of the water\nresources of the basin. It may invoke as complainant the power and\njurisdiction of water pollution abatement agencies of the signatory\nparties.\n5.2 Policy and standards.\n The commission may assume jurisdiction to control future pollution and\nabate existing pollution in the waters of the basin, whenever it\ndetermines after investigation and public hearing upon due notice that\nthe effectuation of the comprehensive plan so requires. The standard of\nsuch control shall be that pollution by sewage or industrial or other\nwaste originating within a signatory state shall not injuriously affect\nwaters of the basin as contemplated by the comprehensive plan. The\ncommission, after such public hearing may classify the waters of the\nbasin and establish standards of treatment of sewage, industrial or\nother waste, according to such classes including allowance for the\nvariable factors of surface and ground waters, such as size of the\nstream, flow, movement, location, character, self-purification, and\nusage of the waters affected. After such investigation, notice and\nhearing the commission may adopt and from time to time amend and repeal\nrules, regulations and standards to control such future pollution and\nabate existing pollution, and to require such treatment of sewage,\nindustrial or other waste within a time reasonable for the construction\nof the necessary works as may be required to protect the public health\nor to preserve the waters of the basin for uses in accordance with the\ncomprehensive plan.\n5.3 Cooperative legislation and administration.\n Each of the signatory parties covenants and agrees to prohibit and\ncontrol pollution of the waters of the basin according to the\nrequirements of this compact and to cooperate faithfully in the control\nof future pollution in and abatement of existing pollution from the\nrivers, streams, and waters in the basin which flow through, under, into\nor border upon any of such signatory states, and in order to effect such\nobject, agrees to enact any necessary legislation to enable each such\nparty to place and maintain the waters of said basin in a satisfactory\ncondition, available for safe and satisfactory use as public and\nindustrial water supplies after reasonable treatment, suitable for\nrecreational usage, capable of maintaining fish and other aquatic life,\nfree from unsightly or malodorous nuisances due to floating solids or\nsludge deposits and adaptable to such other uses as may be provided by\nthe comprehensive plan.\n5.4 Enforcement.\n The commission may, after investigation and hearing, issue an order or\norders upon any person or public or private corporation, or other\nentity, to cease the discharge of sewage, industrial or other waste into\nwaters of the basin which it determines to be in violation of such rules\nand regulations as it shall have adopted for the prevention and\nabatement of pollution. Any such order or orders may prescribe the date,\nincluding a reasonable time for the construction of any necessary works,\non or before which such discharge shall be wholly or partially\ndiscontinued, modified or treated, or otherwise conformed to the\nrequirements of such rules and regulations. Such order shall be\nreviewable in any court of competent jurisdiction. The courts of the\nsignatory parties shall have jurisdiction to enforce against any person,\npublic or private corporation, or other entity, any and all provisions\nof this Article or of any such order. The commission may bring an action\nin its own name in any such court of competent jurisdiction to compel\ncompliance with any provision of this Article, or any rule or regulation\nissued pursuant thereto or of any such order, according to the practice\nand procedure of the court.\n5.5 Further jurisdiction.\n Nothing in this compact shall be construed to repeal, modify or\nqualify the authority of any signatory party to enact any legislation or\nenforce any additional conditions and restrictions to lessen or prevent\nthe pollution of waters within its jurisdiction.\n ARTICLE 6--FLOOD PROTECTION\nSection 6.1 General powers.\n The commission may plan, design, construct and operate and maintain\nprojects and facilities, as it may deem necessary or desirable for flood\ndamage reduction. It shall have power to operate such facilities and to\nstore and release waters on the Delaware River and its tributaries and\nelsewhere within the basin, in such manner, at such times, and under\nsuch regulations as the commission may deem appropriate to meet flood\nconditions as they may arise.\n6.2 Flood plain zoning.\n (a) The commission shall have power to adopt, amend and repeal\nrecommended standards, in the manner provided by this section, relating\nto the nature and extent of the uses of land in areas subject to\nflooding by waters of the Delaware River and its tributaries. Such\nstandards shall not be deemed to impair or restrict the power of the\nsignatory parties or their political subdivisions to adopt zoning and\nother land use regulations not inconsistent therewith.\n (b) The commission may study and determine the nature and extent of\nthe flood plains of the Delaware River and its tributaries. Upon the\nbasis of such studies, it may establish encroachment lines and delineate\nthe areas subject to flood, including a classification of lands with\nreference to relative risk of flood and the establishment of standards\nfor flood plain use which will safeguard the public health, safety and\nproperty. Prior to the adoption of any standards delineating such area\nor defining such use, the commission shall hold public hearings, in the\nmanner provided by Article 14, with respect to the substance of such\nstandards. At or before such public hearings the proposed standards\nshall be available, and all interested persons shall be given an\nopportunity to be heard thereon at the hearing. Upon the adoption and\npromulgation of such standards, the commission may enter into agreements\nto provide technical and financial aid to any municipal corporation for\nthe administration and enforcement of any local land use ordinances or\nregulations giving effect to such standards.\n6.3 Flood lands acquisition.\n The commission shall have power to acquire the fee or any lesser\ninterest in lands and improvements thereon within the area of a flood\nplain for the purpose of restricting the use of such property so as to\nminimize the flood hazard, converting property to uses appropriate to\nflood plain conditions, or preventing unwarranted constrictions that\nreduce the ability of the river channel to carry flood water. Any such\naction shall be in accord with the standards adopted and promulgated\npursuant to Section 6.2.\n6.4 Flood and stream stage warnings and posting.\n The commission may cause lands particularly subject to flood to be\nposted with flood hazard warnings, and may from time to time cause flood\nadvisory notices to be published and circulated as conditions may\nwarrant.\n ARTICLE 7--WATERSHED MANAGEMENT\nSection 7.1 Watersheds generally.\n The commission shall promote sound practices of watershed management\nin the basin, including projects and facilities to retard runoff and\nwaterflow and prevent soil erosion.\n7.2 Soil conservation and forestry.\n The commission may acquire, sponsor or operate facilities and projects\nto encourage soil conservation, prevent and control erosion, and to\npromote land reclamation and sound forestry practices.\n7.3 Fish and wildlife.\n The commission may acquire, sponsor or operate projects and facilities\nfor the maintenance and improvement of fish and wildlife habitats\nrelated to the water resources of the basin.\n7.4 Cooperative planning and operation.\n (a) The commission shall cooperate with the appropriate agencies of\nthe signatory parties and with other public and private agencies in the\nplanning and effectuation of a coordinated program of facilities and\nprojects authorized by this Article.\n (b) The commission shall not operate any such project or facility\nunless it has first found and determined that no other suitable unit or\nagency of government is available to operate the same upon reasonable\nconditions, in accordance with the intent and purpose expressed in\nSection 1.5 of this compact.\n ARTICLE 8--RECREATION\nSection 8.1 Development.\n The commission shall provide for the development of water related\npublic sports and recreational facilities. The commission on its own\naccount or in cooperation with a signatory party, political subdivision\nor any agency thereof, may provide for the construction, maintenance and\nadministration of such facilities, subject to the provisions of Section\n8.2 hereof.\n8.2 Cooperative planning and operation.\n (a) The commission shall cooperate with the appropriate agencies of\nthe signatory parties and with other public and private agencies in the\nplanning and effectuation of a coordinated program of facilities and\nprojects authorized by this article.\n (b) The commission shall not operate any such project or facility\nunless it has first found and determined that no other suitable unit or\nagency of government is available to operate the same upon reasonable\nconditions, in accordance with the intent and purpose expressed in\nSection 1.5 of this compact.\n8.3 Operation and maintenance.\n The commission, within limits prescribed by this article, shall:\n (a) Encourage activities of other public agencies having water related\nrecreational interests and assist in the coordination thereof;\n (b) Recommend standards for the development and administration of\nwater related recreational facilities;\n (c) Provide for the administration, operation and maintenance of\nrecreational facilities owned or controlled by the commission and for\nthe letting and supervision of private concessions in accordance with\nthis article.\n8.4 Concessions.\n The commission shall after notice and public hearing provide by\nregulation for the award of contracts for private concessions in\nconnection with recreational facilities, including any renewal or\nextension thereof, upon sealed competitive bids after public\nadvertisement therefor.\n ARTICLE 9--HYDROELECTRIC POWER\nSection 9.1 Development.\n The waters of the Delaware River and its tributaries may be impounded\nand used by or under authority of the commission for the generation of\nhydroelectric power and hydroelectric energy, in accordance with the\ncomprehensive plan.\n9.2 Power generation.\n The commission may develop and operate, or authorize to be developed\nand operated, dams and related facilities and appurtenances for the\npurpose of generating hydroelectric power and hydroelectric energy.\n9.3 Transmission.\n The commission may provide facilities for the transmission of\nhydroelectric power and hydroelectric energy produced by it where such\nfacilities are not otherwise available upon reasonable terms, for the\npurpose of wholesale marketing of power and nothing herein shall be\nconstrued to authorize the commission to engage in the business of\ndirect sale to consumers.\n9.4 Development contracts.\n The commission may after public notice and hearing enter into\ncontracts on reasonable terms, consideration and duration under which\npublic utilities or public agencies may develop hydroelectric power and\nhydroelectric energy through the use of dams, related facilities and\nappurtenances.\n9.5 Rates and charges.\n Rates and charges fixed by the commission for power which is produced\nby its facilities shall be reasonable, nondiscriminatory, and just.\n ARTICLE 10--REGULATION OF WITHDRAWALS AND DIVERSIONS\nSection 10.1 Power of regulation.\n The commission may regulate and control withdrawals and diversions\nfrom surface waters and ground waters of the basin, as provided by this\narticle. The commission may enter into agreements with the signatory\nparties relating to the exercise of such power of regulation or control\nand may delegate to any of them such powers of the commission as it may\ndeem necessary or desirable.\n10.2 Determination of protected areas.\n The commission may from time to time after public hearing upon due\nnotice determine and delineate such areas within the basin wherein the\ndemands upon supply made by water users have developed or threatened to\ndevelop to such a degree as to create a water shortage or to impair or\nconflict with the requirements or effectuation of the comprehensive\nplan, and any such areas may be designated as "protected areas." The\ncommission, whenever it determines that such shortage no longer exists,\nshall terminate the protected status of such area and shall give public\nnotice of such termination.\n10.3 Withdrawal permits.\n In any protected areas so determined and delineated, no person, firm,\ncorporation or other entity shall divert or withdraw water for domestic,\nmunicipal, agricultural or industrial uses in excess of such quantities\nas the commission may prescribe by general regulation, except (i)\npursuant to a permit granted under this article, or (ii) pursuant to a\npermit or approval heretofore granted under the laws of any of the\nsignatory states.\n10.4 Emergency.\n In the event of a drought or other condition which may cause an actual\nand immediate shortage of available water supply within the basin, or\nwithin any part thereof, the commission may, after public hearing,\ndetermine and delineate the area of such shortage and declare a water\nsupply emergency therein. For the duration of such emergency as\ndetermined by the commisssion no person, firm, corporation or other\npublic or private entity shall divert or withdraw water for any purpose,\nin excess of such quantities as the commission may prescribe by general\nregulation or authorize by special permit granted hereunder.\n10.5 Standards.\n Permits shall be granted, modified or denied as the case may be so as\nto avoid such depletion of the natural stream flows and ground waters in\nthe protected area or in an emergency area as will adversely affect the\ncomprehensive plan or the just and equitable interests and rights of\nother lawful users of the same source, giving due regard to the need to\nbalance and reconcile alternative and conflicting uses in the event of\nan actual or threatened shortage of water of the quality required.\n10.6 Judicial review.\n The determinations and delineations of the commission pursuant to\nSection 10.2 and the granting, modification or denial of permits\npursuant to Section 10.3 through 10.5 shall be subject to judicial\nreview in any court of competent jurisdiction.\n10.7 Maintenance of records.\n Each state shall provide for the maintenance and preservation of such\nrecords of authorized diversions and withdrawals and the annual volume\nthereof as the commission shall prescribe. Such records and\nsupplementary reports shall be furnished to the commission at its\nrequest.\n10.8 Existing state systems.\n Whenever the commission finds its necessary or desirable to exercise\nthe powers conferred by this article any diversion or withdrawal permits\nauthorized or issued under the laws of any of the signatory states shall\nbe superseded to the extent of any conflict with the control and\nregulation exercised by the commission.\n ARTICLE 11--INTERGOVERNMENTAL RELATIONS\nSection 11.1 Federal agencies and projects.\n For the purposes of avoiding conflicts of jurisdiction and of giving\nfull effect to the commission as a regional agency of the signatory\nparties, the following rules shall govern federal projects affecting the\nwater resources of the basin, subject in each case to the provisions of\nSection 1.4 of this compact:\n (a) The planning of all projects related to powers delegated to the\ncommission by this compact shall be undertaken in consultation with the\ncommission;\n (b) No expenditure or commitment shall be made for or on account of\nthe construction, acquisition or operation of any project or facility\nnor shall it be deemed authorized, unless it shall have first been\nincluded by the commission in the comprehensive plan;\n (c) Each federal agency otherwise authorized by law to plan, design,\nconstruct, operate or maintain any project or facility in or for the\nbasin shall continue to have, exercise and discharge such authority\nexcept as specifically provided by this section.\n11.2 State and local agencies and projects.\n For the purpose of avoiding conflicts of jurisdiction and of giving\nfull effect to the commission as a regional agency of the signatory\nparties, the following rules shall govern projects of the signatory\nstates, their political subdivisions and public corporations affecting\nwater resources of the basin:\n (a) The planning of all projects related to powers delegated to the\ncommission by this compact shall be undertaken in consultation with the\ncommission;\n (b) No expenditure or commitment shall be made for or on account of\nthe construction, acquisition or operation of any project or facility\nunless it shall have first been included by the commission in the\ncomprehensive plan;\n (c) Each state and local agency otherwise authorized by law to plan,\ndesign, construct, operate or maintain any project or facility in or for\nthe basin shall continue to have, exercise and discharge such authority,\nexcept as specifically provided by this section.\n11.3 Reserved taxing powers of states.\n Each of the signatory parties reserves the right to levy, assess and\ncollect fees, charges and taxes on or measured by the withdrawal or\ndiversion of waters of the basin for use within the jurisdictions of the\nrespective signatory parties.\n11.4 Project costs and evaluation standards.\n The commission shall establish uniform standards and procedures for\nthe evaluation, determination of benefits, and cost allocations of\nprojects affecting the basin, and for the determination of project\npriorities, pursuant to the requirements of the comprehensive plan and\nits water resources program. The commission shall develop equitable cost\nsharing and reimbursement formulas for the signatory parties including:\n (a) Uniform and consistent procedures for the allocation of project\ncosts among purposes included in multiple-purpose programs;\n (b) Contracts and arrangements for sharing financial responsibility\namong and with signatory parties, public bodies, groups and private\nenterprise, and for the supervision of their performance;\n (c) Establishment and supervision of a system of accounts for\nreimbursable purposes and directing the payments and charges to be made\nfrom such accounts;\n (d) Determining the basis and apportioning amounts (i) of reimbursable\nrevenues to be paid signatory parties or their political subdivisions,\nand (ii) of payments in lieu of taxes to any of them.\n11.5 Cooperative services.\n The commission shall furnish technical services, advice and\nconsultation to authorize agencies of the signatory parties with respect\nto the water resources of the basin, and each of the signatory parties\npledges itself to provide technical and administrative services to the\ncommission upon request, within the limits of available appropriations\nand to cooperate generally with the commission for the purposes of this\ncompact, and the cost of such services may be reimbursable whenever the\nparties deem appropriate.\n ARTICLE 12--CAPITAL FINANCING\nSection 12.1 Borrowing power.\n The commission may borrow money for any of the purposes of this\ncompact, and may issue its negotiable bonds and other evidences of\nindebtedness in respect thereto. All such bonds and evidences of\nindebtedness shall be payable solely out of the properties and revenues\nof the commission without recourse to taxation. The bonds and other\nobligations of the commission, except as may be otherwise provided in\nthe indenture under which they were issued, shall be direct and general\nobligations of the commission and the full faith and credit of the\ncommission are hereby pledged for the prompt payment of the debt service\nthereon and for the fulfillment of all other undertakings of the\ncommission assumed by it to or for the benefit of the holders thereof.\n12.2 Funds and expenses.\n The purposes of this compact shall include without limitation thereto\nall costs of any project or facility or any part thereof, including\ninterest during a period of construction and a reasonable time\nthereafter and any incidental expenses (legal, engineering, fiscal,\nfinancial consultant and other expenses) connected with issuing and\ndisposing of the bonds; all amounts required for the creation of an\noperating fund, construction fund, reserve fund, sinking fund, or other\nspecial fund; all other expenses connected with the planning, design,\nacquisition, construction, completion, improvement or reconstruction of\nany facility or any part thereof; and reimbursement of advances by the\ncommission or by others for such purposes and for working capital.\n12.3 Credit excluded; officers, state and municipal.\n The commission shall have no power to pledge the credit of any\nsignatory party, or of any county or municipality, or to impose any\nobligation for payment of the bonds upon any signatory party or any\ncounty or municipality. Neither the commissioners nor any person\nexecuting the bonds shall be liable personally on the bonds of the\ncommission or be subject to any personal liability or accountability by\nreason of the issuance thereof.\n12.4 Funding and refunding.\n Whenever the commission deems it expedient, it may fund and refund its\nbonds and other obligations whether or not such bonds and obligations\nhave matured. It may provide for the issuance, sale or exchange of\nrefunding bonds for the purpose of redeeming or retiring any bonds\n(including the payment of any premium, duplicate interest or cash\nadjustment required in connection therewith) issued by the commission or\nissued by any other issuing body, the proceeds of the sale of which have\nbeen applied to any facility acquired by the commission or which are\npayable out of the revenues of any facility acquired by the commission.\nBonds may be issued partly to refund bonds and other obligations then\noutstanding, and partly for any other purpose of the commission. All\nprovisions of this compact applicable to the issuance of bonds are\napplicable to refunding bonds and to the issuance, sale or exchange\nthereof.\n12.5 Bonds; authorization generally.\n Bonds and other indebtedness of the commission shall be authorized by\nresolution of the commission. The validity of the authorization and\nissuance of any bonds by the commission shall not be dependent upon nor\naffected in any way by: (i) the disposition of bond proceeds by the\ncommission or by contract, commitment or action taken with respect to\nsuch proceeds; or (ii) the failure to complete any part of the project\nfor which bonds are authorized to be issued. The commission may issue\nbonds in one or more series and may provide for one or more consolidated\nbond issues, in such principal amounts and with such terms and\nprovisions as the commission may deem necessary. The bonds may be\nsecured by a pledge of all or any part of the property, revenues and\nfranchises under its control. Bonds may be issued by the commission in\nsuch amount, with such maturities and in such denominations and form or\nforms, whether coupon or registered, as to both principal and interest,\nas may be determined by the commission. The commission may provide for\nredemption of bonds prior to maturity on such notice and at such time or\ntimes and with such redemption provisions, including premiums, as the\ncommission may determine.\n12.6 Bonds; resolutions and indentures generally.\n The commission may determine and enter into indentures providing for\nthe principal amount, date or dates, maturities, interest rate,\ndenominations, form, registration, transfer, interchange and other\nprovisions of the bonds and coupons and the terms and conditions upon\nwhich the same shall be executed, issued, secured, sold, paid, redeemed,\nfunded and refunded. The resolution of the commission authorizing any\nbond or any indenture so authorized under which the bonds are issued may\ninclude all such covenants and other provisions other than any\nrestriction on the regulatory powers vested in the commission by this\ncompact as the commission may deem necessary or desirable for the issue,\npayment, security, protection or marketing of the bonds, including\nwithout limitation covenants and other provisions as to the rates or\namounts of fees, rents and other charges to be charged or made for use\nof the facilities; the use, pledge, custody, securing, application and\ndisposition of such revenues, of the proceeds of the bonds, and of any\nother moneys of the commission; the operation, maintenance, repair and\nreconstruction of the facilities and the amounts which may be expended\ntherefor; the sale, lease or other disposition of the facilities; the\ninsuring of the facilities and of the revenues derived therefrom; the\nconstruction or other acquisition of other facilities; the issuance of\nadditional bonds or other indebtedness; the rights of the bondholders\nand of any trustee for the bondholders upon default by the commission or\notherwise; and the modification of the provisions of the indenture and\nof the bonds. Reference on the face of the bonds to such resolution or\nindenture by its date of adoption or the apparent date on the face\nthereof is sufficient to incorporate all of the provisions thereof and\nof this compact into the body of the bonds and their appurtenant\ncoupons. Each taker and subsequent holder of the bonds or coupons,\nwhether the coupons are attached to or detached from the bonds, has\nrecourse to all of the provisions of the indenture and of this compact\nand is bound thereby.\n12.7 Maximum maturity.\n No bond by its terms shall mature in more than fifty years from its\nown date and in the event any authorized issue is divided into two or\nmore series or divisions, the maximum maturity date hereby authorized\nshall be calculated from the date on the face of each bond separately,\nirrespective of the fact that different dates may be prescribed for the\nbonds of each separate series or division of any authorized issue.\n12.8 Tax exemption.\n All bonds issued by the commission under the provisions of this\ncompact and the interest thereof shall at all times be free and exempt\nfrom all taxation by or under authority of any of the signatory parties,\nexcept for transfer, inheritance and estate taxes.\n12.9 Interest.\n Bonds shall bear interest at a rate determined by the commission,\npayable annually or semi-annually.\n12.10 Place of payment.\n The commission may provide for the payment of the principal and\ninterest of bonds at any place or places within or without the signatory\nstates, and in any specified lawful coin or currency of the United\nStates of America.\n12.11 Execution.\n The commission may provide for the execution and authentication of\nbonds by the manual, lithographed or printed facsimile signature of\nofficers of the commission, and by additional authentication by a\ntrustee or fiscal agent appointed by the commission. If any of the\nofficers whose signatures or counter signatures appear upon the bonds or\ncoupons cease to be officers before the delivery of the bonds or\ncoupons, their signatures or counter signatures are nevertheless valid\nand of the same force and effect as if the officers had remained in\noffice until the delivery of the bonds and coupons.\n12.12 Holding own bonds.\n The commission shall have power out of any funds available therefor to\npurchase its bonds and may hold, cancel or resell such bonds.\n12.13 Sale.\n The commission may fix terms and conditions for the sale or other\ndisposition of any authorized issue of bonds. The commission may sell\nbonds at less than their par or face value but no issue of bonds may be\nsold at an aggregate price below the par or face value thereof if such\nsale would result in a net interest cost to the commission calculated\nupon the entire issue so sold of more than six percent per annum payable\nsemi-annually, according to standard tables of bond values. All bonds\nissued and sold for cash pursuant to this act shall be sold on sealed\nproposals to the highest bidder. Prior to such sale, the commission\nshall advertise for bids by publication of a notice of sale not less\nthan ten days prior to the date of sale, at least once in a newspaper of\ngeneral circulation printed and published in New York City carrying\nmunicipal bond notices and devoted primarily to financial news. The\ncommission may reject any and all bids submitted and may thereafter sell\nthe bonds so advertised for sale at private sale to any financially\nresponsible bidder under such terms and conditions as it deems most\nadvantageous to the public interest, but the bonds shall not be sold at\na net interest cost calculated upon the entire issue so advertised,\ngreater than the lowest bid which was rejected. In the event the\ncommission desires to issue its bonds in exchange for an existing\nfacility or portion thereof, or in exchange for bonds secured by the\nrevenues of an existing facility, it may exchange such bonds for the\nexisting facility or portion thereof or for the bonds so secured, plus\nan additional amount of cash, without advertising such bonds for sale.\n12.14 Negotiability.\n All bonds issued under the provisions of this compact are negotiable\ninstruments, except when registered in the name of a registered owner.\n12.15 Legal investments.\n Bonds of the commission shall be legal investments for savings banks,\nfiduciaries and public funds in each of the signatory states.\n12.16 Validation proceedings.\n Prior to the issuance of any bonds, the commission may institute a\nspecial proceeding to determine the legality of proceedings to issue the\nbonds and their validity under the laws of any of the signatory parties.\nSuch proceedings shall be instituted and prosecuted in rem and the\njudgment rendered therein shall be conclusive against all persons\nwhomsoever and against each of the signatory parties.\n12.17 Recording.\n No indenture need be recorded or filed in any public office, other\nthan the office of the commission. The pledge of revenues provided in\nany indenture shall take effect forthwith as provided therein and\nirrespective of the date of receipt of such revenues by the commission\nor the indenture trustee. Such pledge shall be effective as provided in\nthe indenture without physical delivery of the revenues to the\ncommission or to the indenture trustee.\n12.18 Pledged revenues.\n Bond redemption and interest payments shall, to the extent provided in\nthe resolution or indenture, constitute a first, direct and exclusive\ncharge and lien on all such rates, rents, tolls, fees and charges and\nother revenues and interest thereon received from the use and operation\nof the facility, and on any sinking or other funds created therefrom.\nAll such rates, rents, tolls, fees, charges and other revenues, together\nwith interest thereon, shall constitute a trust fund for the security\nand payment of such bonds and except as and to the extent provided in\nthe indenture with respect to the payment therefrom of expenses for\nother purposes including administration, operation, maintenance,\nimprovements or extensions of the facilities or other purposes shall not\nbe used or pledged for any other purpose so long as such bonds, or any\nof them, are outstanding and unpaid.\n12.19 Remedies.\n The holder of any bond may for the equal benefit and protection of all\nholders of bonds similarly situated: (a) by mandamus or other\nappropriate proceedings require and compel the performance of any of the\nduties imposed upon the commission or assumed by it, its officers,\nagents or employees under the provisions of any indenture, in connection\nwith the acquisition, construction, operation, maintenance, repair,\nreconstruction or insurance of the facilities, or in connection with the\ncollection, deposit, investment, application and disbursement of the\nrates, rents, tolls, fees, charges and other revenues derived from the\noperation and use of the facilities, or in connection with the deposit,\ninvestment and disbursement of the proceeds received from the sale of\nbonds; or (b) by action or suit in a court of competent jurisdiction of\nany signatory party require the commission to account as if it were the\ntrustee of an express trust, or enjoin any acts or things which may be\nunlawful or in violation of the rights of the holders of the bonds. The\nenumeration of such rights and remedies does not, however, exclude the\nexercise or prosecution of any other rights or remedies available to the\nholders of bonds.\n12.20 Capital financing by signatory parties; guarantees.\n (a) The signatory parties will provide such capital funds required for\nprojects of the commission as may be authorized by their respective\nstatutes in accordance with a cost sharing plan prepared pursuant to\nArticle 11 of this compact; but nothing in this section shall be deemed\nto impose any mandatory obligation on any of the signatory parties other\nthan such obligations as may be assumed by a signatory party in\nconnection with a specific project or facility.\n (b) Bonds of the commission, notwithstanding any other provision of\nthis compact, may be executed and delivered to any duly authorized\nagency of any of the signatory parties without public offering and may\nbe sold and resold with or without the guarantee of such signatory\nparty, subject to and in accordance with the constitutions of the\nrespective signatory parties.\n (c) The commission may receive and accept, and the signatory parties\nmay make, loans, grants, appropriations, advances and payments of\nreimbursable or non-reimbursable funds or property in any form for the\ncapital or operating purposes of the commission.\n ARTICLE 13--PLAN, PROGRAM AND BUDGETS\nSection 13.1 Comprehensive plan.\n The commission shall develop and adopt, and may from time to time\nreview and revise, a comprehensive plan for the immediate and long range\ndevelopment and use of the water resources of the basin. The plan shall\ninclude all public and private projects and facilities which are\nrequired, in the judgment of the commission, for the optimum planning,\ndevelopment, conservation, utilization, management and control of the\nwater resources of the basin to meet present and future needs; provided\nthat the plan shall include any projects required to conform with any\npresent or future decree or judgment of any court of competent\njurisdiction. The commission may adopt a comprehensive plan or any\nrevision thereof in such part or parts as it may deem appropriate,\nprovided that before the adoption of the plan or any part or revision\nthereof the commission shall consult with water users and interested\npublic bodies and public utilities and shall consider and give due\nregard to the findings and recommendations of the various agencies of\nthe signatory parties and their political subdivisions. The commission\nshall conduct public hearings with respect to the comprehensive plan\nprior to the adoption of the plan or any part or revision thereof.\n13.2 Water resources program.\n The commission shall annually adopt a water resources program, based\nupon the comprehensive plan, consisting of the projects and facilities\nwhich the commission proposes to be undertaken by the commission and by\nother authorized governmental and private agencies, organizations and\npersons during the ensuing six years or such other reasonably\nforeseeable period as the commission may determine. The water resources\nprogram shall include a systematic presentation of:\n 1) the quantity and quality of water resources needs for such period;\n 2) the existing and proposed projects and facilities required to\nsatisfy such needs, including all public and private projects to be\nanticipated;\n 3) a separate statement of the projects proposed to be undertaken by\nthe commission during such period.\n13.3 Annual current expense and capital budgets.\n (a) The commission shall annually adopt a capital budget including all\ncapital projects it proposes to undertake or continue during the budget\nperiod containing a statement of the estimated cost of each project and\nthe method of financing thereof.\n (b) The commission shall annually adopt a current expense budget for\neach fiscal year. Such budget shall include the commission's estimated\nexpenses for administration, operation, maintenance and repairs,\nincluding a separate statement thereof for each project, together with\nits cost allocation. The total of such expenses shall be balanced by the\ncommission's estimated revenues from all sources, including the cost\nallocations undertaken by any of the signatory parties in connection\nwith any project. Following the adoption of the annual current expense\nbudget by the commission, the executive director of the commission\nshall:\n 1) certify to the respective signatory parties the amounts due in\naccordance with existing cost sharing established for each project; and\n 2) transmit certified copies of such budget to the principal budget\nofficer of the respective signatory parties at such time and in such\nmanner as may be required under their respective budgetary procedures.\nThe amount required to balance the current expense budget in addition to\nthe aggregate amount of item (1) above and all other revenues available\nto the commission shall be apportioned equitably among the signatory\nparties by unanimous vote of the commission, and the amount of such\napportionment to each signatory party shall be certified together with\nthe budget.\n (c) The respective signatory parties covenant and agree to include the\namounts so apportioned for the support of the current expense budget in\ntheir respective budgets next to be adopted, subject to such review and\napproval as may be required by their respective budgetary processes.\nSuch amounts shall be due and payable to the commission in quarterly\ninstallments during its fiscal year, provided that the commission may\ndraw upon its working capital to finance its current expense budget\npending remittances by the signatory parties.\n ARTICLE 14--GENERAL PROVISIONS\nSection 14.1 Auxiliary powers of commission; functions of commissioners.\n (a) The commission, for the purposes of this compact, may:\n 1) Adopt and use a corporate seal, enter into contracts, sue and be\nsued in all courts of competent jurisdiction;\n 2) Receive and accept such payments, appropriations, grants, gifts,\nloans, advances and other funds, properties and services as may be\ntransferred or made available to it by any signatory party or by any\nother public or private corporation or individual, and enter into\nagreements to make reimbursement for all or part thereof;\n 3) Provide for, acquire and adopt detailed engineering,\nadministrative, financial and operating plans and specifications to\neffectuate, maintain or develop any facility or project;\n 4) Control and regulate the use of facilities owned or operated by the\ncommission;\n 5) Acquire, own, operate, maintain, control, sell and convey real and\npersonal property and any interest therein by contract, purchase, lease,\nlicense, mortgage or otherwise as it may deem necessary for any project\nor facility, including any and all appurtenances thereto necessary,\nuseful or convenient for such ownership, operation, control, maintenance\nor conveyance;\n 6) Have and exercise all corporate powers essential to the declared\nobjects and purposes of the commission.\n (b) The commissioners, subject to the provisions of this compact,\nshall:\n 1) Serve as the governing body of the commission, and exercise and\ndischarge its powers and duties except as otherwise provided by or\npursuant to this compact;\n 2) Determine the character of and the necessity for its obligations\nand expenditures and the manner in which they shall be incurred,\nallowed, and paid subject to any provisions of law specifically\napplicable to agencies or instrumentalities created by compact;\n 3) Provide for the internal organization and administration of the\ncommission;\n 4) Appoint the principal officers of the commission and delegate to\nand allocate among them administrative functions, powers and duties;\n 5) Create and abolish offices, employments and positions as it deems\nnecessary for the purposes of the commission, and subject to the\nprovisions of this article, fix and provide for the qualification,\nappointment, removal, term, tenure, compensation, pension and retirement\nrights of its officers and employees;\n 6) Let and execute contracts to carry out the powers of the\ncommission.\n14.2 Regulations; enforcement.\n The commission may:\n (a) Make and enforce reasonable rules and regulations for the\neffectuation, application and enforcement of this compact; and it may\nadopt and enforce practices and schedules for or in connection with the\nuse, maintenance and administration of projects and facilities it may\nown or operate and any product or service rendered thereby; provided\nthat any rule or regulation, other than one which deals solely with the\ninternal management of the commission, shall be adopted only after\npublic hearing and shall not be effective unless and until filed in\naccordance with the law of the respective signatory parties applicable\nto administrative rules and regulations generally; and\n (b) Designate any officer, agent or employee of the commission to be\nan investigator or watchman and such person shall be vested with the\npowers of a peace officer of the state in which he is duly assigned to\nperform his duties.\n14.3 Tax exemption.\n The commission, its property, functions, and activities shall be\nexempt from taxation by or under the authority of any of the signatory\nparties or any political subdivision thereof; provided that in lieu of\nproperty taxes the commission shall, as to specific projects, make\npayments to local taxing districts in annual amounts which shall equal\nthe taxes lawfully assessed upon property for the tax year next prior to\nits acquisition by the commission for a period of ten years. The nature\nand amount of such payments shall be reviewed by the commission at the\nend of ten years, and from time to time thereafter, upon reasonable\nnotice and opportunity to be heard to the affected taxing district, and\nthe payments may be thereupon terminated or continued in such reasonable\namount as may be necessary or desirable to take into account hardships\nincurred and benefits received by the taxing jurisdiction which are\nattributable to the project.\n14.4 Meetings; public hearing; records, minutes.\n (a) All meetings of the commission shall be open to the public.\n (b) The commission shall conduct at least one public hearing prior to\nthe adoption of the comprehensive plan, water resources program, annual\ncapital and current expense budgets, the letting of any contract for the\nsale or other disposition by the commission of hydroelectric energy or\nwater resources to any person, corporation or entity, and in all other\ncases wherein this compact requires a public hearing. Such hearing shall\nbe held upon at least ten days public notice given by posting at the\noffices of the commission. The commission shall also provide forthwith\nfor distribution of such notice to the press and by the mailing of a\ncopy thereof to any person who shall request such notices.\n (c) The minutes of the commission shall be a public record open to\ninspection at its offices during regular business hours.\n14.5 Officers generally.\n (a) The officers of the commission shall consist of an executive\ndirector and such additional officers, deputies and assistants as the\ncommission may determine. The executive director shall be appointed and\nmay be removed by the affirmative vote of a majority of the full\nmembership of the commission. All other officers and employees shall be\nappointed by the executive director under such rules of procedure as the\ncommission may determine.\n (b) In the appointment and promotion of officers and employees for the\ncommission, no political, racial, religious or residence test or\nqualification shall be permitted or given consideration, but all such\nappointments and promotions shall be solely on the basis of merit and\nfitness. Any officer or employee of the commission who is found by the\ncommission to be guilty of a violation of this section shall be removed\nfrom office by the commission.\n14.6 Oath of office.\n An oath of office in such form as the commission shall prescribe shall\nbe taken, subscribed and filed with the commission by the executive\ndirector and by each officer appointed by him not later than fifteen\ndays after the appointment.\n14.7 Bond.\n Each officer shall give such bond and in such form and amount as the\ncommission may require for which the commission may pay the premium.\n14.8 Prohibited activities.\n (a) No commissioner officer or employee shall:\n 1) be financially interested, either directly or indirectly, in any\ncontract, sale, purchase, lease or transfer of real or personal property\nto which the commission is a party;\n 2) solicit or accept money or any other thing of value in addition to\nthe compensation or expenses paid him by the commission for services\nperformed within the scope of his official duties;\n 3) offer money or any thing of value for or in consideration of\nobtaining an appointment, promotion or privilege in his employment with\nthe commission.\n (b) Any officer or employee who shall willfully violate any of the\nprovisions of this section shall forfeit his office or employment.\n (c) Any contract or agreement knowingly made in controvention of this\nsection is void.\n (d) Officers and employees of the commission shall be subject in\naddition to the provisions of this section to such criminal and civil\nsanctions for misconduct in office as may be imposed by federal law and\nthe law of the signatory state in which such misconduct occurs.\n14.9 Purchasing.\n Contracts for the construction, reconstruction or improvement of any\nfacility when the expenditure required exceeds ten thousand dollars and\ncontracts for the purchase of services, supplies, equipment and\nmaterials when the expenditure required exceeds two thousand five\nhundred dollars shall be advertised and let upon sealed bids to the\nlowest responsible bidder. Notice requesting such bids shall be\npublished in a manner reasonably likely to attract prospective bidders,\nwhich publication shall be made at least ten days before bids are\nreceived and in at least two newspapers of general circulation in the\nbasin. The commission may reject any and all bids and readvertise in its\ndiscretion. If after rejecting bids the commission determines and\nresolves that in its opinion the supplies, equipment and materials may\nbe purchased at a lower price in the open market, the commission may\ngive each responsible bidder an opportunity to negotiate a price and may\nproceed to purchase the supplies, equipment and materials in the open\nmarket at a negotiated price which is lower than the lowest rejected bid\nof a responsible bidder, without further observance of the provisions\nrequiring bids or notice. The commission shall adopt rules and\nregulations to provide for purchasing from the lowest responsible bidder\nwhen sealed bids, notice and publication are not required by this\nsection. The commission may suspend and waive the provisions of this\nsection requiring competitive bids whenever:\n 1) the purchase is to be made from or the contract to be made with the\nfederal or any state government or any agency or political subdivision\nthereof or pursuant to any open end bulk purchase contract of any of\nthem;\n 2) the public exigency requires the immediate delivery of the articles\nor performance of the service;\n 3) only one source of supply is available;\n 4) the equipment to be purchased is of a technical nature and the\nprocurement thereof without advertising is necessary in order to assure\nstandardization of equipment and interchangeability of parts in the\npublic interest; or\n 5) services are to be provided of a specialized or professional\nnature.\n14.10 Insurance.\n The commission may self-insure or purchase insurance and pay the\npremiums therefor against loss or damage to any of its properties;\nagainst liability for injury to persons or property; and against loss of\nrevenue from any cause whatsoever. Such insurance coverage shall be in\nsuch form and amount as the commission may determine, subject to the\nrequirements of any agreement arising out of the issuance of bonds by\nthe commission.\n14.11 Annual independent audit.\n (a) As soon as practical after the closing of the fiscal year, an\naudit shall be made of the financial accounts of the commission. The\naudit shall be made by qualified certified public accountants selected\nby the commission, who have no personal interest direct or indirect in\nthe financial affairs of the commission or any of its officers or\nemployees. The report of audit shall be prepared in accordance with\naccepted accounting practices and shall be filed with the chairman and\nsuch other officers as the commission shall direct. Copies of the report\nshall be distributed to each commissioner and shall be made available\nfor public distribution.\n (b) Each signatory party by its duly authorized officers shall be\nentitled to examine and audit at any time all of the books, documents,\nrecords, files and accounts and all other papers, things or property of\nthe commission. The representatives of the signatory parties shall have\naccess to all books, documents, records, accounts, reports, files and\nall other papers, things or property belonging to or in use by the\ncommission and necessary to facilitate the audit and they shall be\nafforded full facilities for verifying transactions with the balances or\nsecurities held by depositaries, fiscal agents and custodians.\n (c) The financial transactions of the commission shall be subject to\naudit by the general accounting office in accordance with the principles\nand procedures applicable to commercial corporate transactions and under\nsuch rules and regulations as may be prescribed by the comptroller\ngeneral of the United States. The audit shall be conducted at the place\nor places where the accounts of the commission are kept.\n (d) Any officer or employee who shall refuse to give all required\nassistance and information to the accountants selected by the commission\nor to the authorized officers of any signatory party or who shall refuse\nto submit to them for examination such books, documents, records, files,\naccounts, papers, things or property as may be requested shall forfeit\nhis office.\n14.12 Reports.\n The commission shall make and publish an annual report to the\nlegislative bodies of the signatory parties and to the public reporting\non its programs, operations and finances. It may also prepare, publish\nand distribute such other public reports and informational materials as\nit may deem necessary or desirable.\n14.13 Grants, loans or payments by states or political subdivisions.\n (a) Any or all of the signatory parties or any political subdivision\nthereof may:\n 1) Appropriate to the commission such funds as may be necessary to pay\npreliminary expenses such as the expenses incurred in the making of\nborings, and other studies of subsurface conditions, in the preparation\nof contracts for the sale of water and in the preparation of detailed\nplans and estimates required for the financing of a project;\n 2) Advance to the commission, either as grants or loans, such funds as\nmay be necessary or convenient to finance the operation and management\nof or construction by the commission of any facility or project;\n 3) Make payments to the commission for benefits received or to be\nreceived from the operation of any of the projects or facilities of the\ncommission.\n (b) Any funds which may be loaned to the commission either by a\nsignatory party or a political subdivision thereof shall be repaid by\nthe commission through the issuance of bonds or out of other income of\nthe commission, such repayment to be made within such period and upon\nsuch terms as may be agreed upon between the commission and the\nsignatory party or political subdivision making the loan.\n14.14 Condemnation proceedings.\n (a) The commission shall have the power to acquire by condemnation the\nfee or any lesser interest in lands, lands lying under water,\ndevelopment rights in land, riparian rights, water rights, waters and\nother real or personal property within the basin for any project or\nfacility authorized pursuant to this compact. This grant of power of\neminent domain includes but is not limited to the power to condemn for\nthe purposes of this compact any property already devoted to a public\nuse, by whomsoever owned or held, other than property of a signatory\nparty and any property held, constructed, operated or maintained in\nconnection with a diversion authorized by a United States Supreme Court\ndecree. Any condemnation of any property or franchises owned or used by\na municipal or privately owned public utility, unless the affected\npublic utility facility is to be relocated or replaced, shall be subject\nto the authority of such state board, commission or other body as may\nhave regulatory jurisdiction over such public utility.\n (b) Such power of condemnation shall be exercised in accordance with\nthe provisions of any federal law applicable to the commission; provided\nthat if there is no such applicable federal law, condemnation\nproceedings shall be in accordance with the provisions of such general\nstate condemnation law as may be in force in the signatory state in\nwhich the property is located.\n (c) Any award or compensation for the taking of property pursuant to\nthis article shall be paid by the commission, and none of the signatory\nparties nor any other agency, instrumentality or political subdivision\nthereof shall be liable for such award or compensation.\n14.15 Conveyance of lands and relocation of public facilities.\n (a) The respective officers, agencies, departments, commissions or\nbodies having jurisdiction and control over real and personal property\nowned by the signatory parties are authorized and empowered to transfer\nand convey in accordance with the laws of the respective parties to the\ncommission any such property as may be necessary or convenient to the\neffectuation of the authorized purposes of the commission.\n (b) Each political subdivision of each of the signatory parties is\nauthorized and empowered, notwithstanding any contrary provision of law,\nto grant and convey to the commission, upon the commission's request,\nany real property or any interest therein owned by such political\nsubdivision including lands lying under water and lands already devoted\nto public use which may be necessary or convenient to the effectuation\nof the authorized purposes of the commission.\n (c) Any highway, public utility or other public facility which will be\ndislocated by reason of a project deemed necessary by the commission to\neffectuate the authorized purposes of this compact shall be relocated\nand the cost thereof shall be paid in accordance with the law of the\nstate in which the facility is located; provided that the cost of such\nrelocation payable by the commission shall not in any event exceed the\nexpenditure required to serve the public convenience and necessity.\n14.16 Rights of way.\n Permission is hereby granted to the commission to locate, construct\nand maintain any aqueducts, lines, pipes, conduits and auxiliary\nfacilities authorized to be acquired, constructed, owned, operated or\nmaintained by the commission in, over, under or across any streets and\nhighways now or hereafter owned, opened or dedicated to or for public\nuse, subject to such reasonable conditions as the highway department of\nthe signatory party may require.\n14.17 Penal sanction.\n Any person, association or corporation who violates or attempts or\nconspires to violate any provision of this compact or any rule,\nregulation or order of the commission duly made, promulgated or issued\npursuant to the compact in addition to any other remedy, penalty or\nconsequence provided by law shall be punishable as may be provided by\nstatute of any of the signatory parties within which the offense is\ncommitted; provided that in the absence of such provision any such\nperson, association or corporation shall be liable to a penalty of not\nless than $50 nor more than $1000 for each such offense to be fixed by\nthe court which the commission may recover in its own name in any court\nof competent jurisdiction, and in a summary proceeding where available\nunder the practice and procedure of such court. For the purposes of this\nsection in the event of a continuing offense each day of such violation,\nattempt or conspiracy shall constitute a separate offense.\n14.18 Tort liability.\n The commission shall be responsible for claims arising out of the\nnegligent acts or omissions of its officers, agents and employees only\nto the extent and subject to the procedures prescribed by law generally\nwith respect to officers, agents and employees of the government of the\nUnited States.\n14.19 Effect on riparian rights.\n Nothing contained in this compact shall be construed as affecting or\nintending to affect or in any way to interfere with the law of the\nrespective signatory parties relating to riparian rights.\n14.20 Amendments and supplements.\n Amendments and supplements to this compact to implement the purposes\nthereof may be adopted by legislative action of any of the signatory\nparties concurred in by all of the others.\n14.21 Construction and severability.\n The provisions of this act and of agreements thereunder shall be\nseverable and if any phrase, clause, sentence or provision of this\ncompact or such agreement is declared to be unconstitutional or the\napplicability thereof to any signatory party, agency or person is held\ninvalid, the constitutionality of the remainder of this compact or such\nagreement and the applicability thereof to any other signatory party,\nagency, person or circumstance shall not be affected thereby. It is the\nlegislative intent that the provisions of this compact be reasonably and\nliberally construed.\n14.22 Effective date; execution.\n This compact shall become binding and effective thirty days after the\nenactment of concurring legislation by the federal government, the\nstates of Delaware, New Jersey and New York, and the Commonwealth of\nPennsylvania. The compact shall be signed and sealed in six duplicate\noriginal copies by the respective chief executives of the signatory\nparties. One such copy shall be filed with the Secretary of State of\neach of the signatory parties or in accordance with the laws of the\nstate in which the filing is made, and one copy shall be filed and\nretained in the archives of the commission upon its organization. The\nsignatures shall be affixed and attested under the following form:\n In Witness Whereof, and in evidence of the adoption and enactment into\nlaw of this compact by the Congress and legislatures, respectively, of\nthe signatory parties, the President of the United States and the\nrespective Governors do hereby, in accordance with authority conferred\nby law, sign this compact in six duplicate original copies, as attested\nby the respective secretaries of state, and have caused the seals of the\nUnited States and of the respective states to be hereunto affixed\nthis........day of.......\n

New York § 21-0701 (Delaware river basin compact) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.