§ 21-1701 — The Delaware river basin water commission compact approved

New York § 21-1701

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 17: Delaware River Basin Water Commission Compact
• Art. 21: Pollution Control Compacts

Text

§ 21-1701. The Delaware river basin water commission compact approved.\n The authority of the Governor to enter into a compact on behalf of the\nstate of New York with the states of Delaware and New Jersey and the\ncommonwealth of Pennsylvania in substantially the following form, which\nauthority was first conferred by chapter 701 of the laws of 1952, is\nhereby continued:\n COMPACT\n BETWEEN THE STATES OF DELAWARE, NEW JERSEY\n AND NEW YORK AND THE COMMONWEALTH OF\n PENNSYLVANIA CREATING THE DELAWARE\n RIVER BASIN WATER COMMISSION AND\n DEFINING ITS POWERS AND DUTIES\n Whereas, the peoples of the States of Delaware, New Jersey, and New\nYork and the Commonwealth of Pennsylvania have a common interest in the\nwaters of the Delaware River Basin; and\n Whereas, it is desirable that the water and water resources of the\nDelaware River and its tributaries be developed, utilized, controlled,\nand conserved for the benefit of all the people; and\n Whereas, the United States Supreme Court, in its decision in the\nDelaware River Case (283 U.S. 336), established the principle of\nequitable apportionment of the waters of the upper Delaware River Basin;\nand\n Whereas, political subdivisions and metropolitan areas in the States\nof New Jersey and New York and the Commonwealth of Pennsylvania have\nbeen confronted constantly with the problem of meeting existing and\nprospective requirements of the people within their respective areas for\nobtaining and maintaining an adequate and satisfactory supply of water,\nboth for domestic and industrial purposes; and\n Whereas, it is essential that there be maintained an adequate minimum\nflow in the Delaware River for the protection of public health, for the\nbenefit of industry and of fisheries, such as oysters, clams and other\nshellfish, for animal and aquatic life, for recreation, for general\nsanitary conditions, for the dilution and abatement of pollution, and\nfor the prevention of undue salinity; and\n Whereas, for the purpose of promoting interstate cooperation in\nvarious fields of governmental operations, including the utilization,\ncontrol and conservation of water resources of interstate river systems,\nthe States of Delaware, New Jersey, and New York and the Commonwealth of\nPennsylvania each has created and now maintains a Commission (or\nCommittee) on Interstate Cooperation, which Commissions have jointly\norganized and established and are now maintaining, in cooperation with\neach of the others, a joint advisory board known as "The Interstate\nCommission on the Delaware River Basin" for the purpose, among other\nactivities, of formulating and recommending integrated programs for the\ndevelopment, utilization, control and conservation of the water\nresources of the Delaware River Basin; and\n Whereas, upon the recommendation of the said Interstate Commission on\nthe Delaware River Basin, submitted through the Commission on Interstate\nCooperation of each of the States concerned, the legislatures of the\nStates of New Jersey and New York and the Commonwealth of Pennsylvania,\nby reciprocal legislation, enacted laws at their 1949 Sessions (New\nJersey Laws of 1949, Chap. 105; New York Laws of 1949, Chap. 610;\nPennsylvania Laws of 1949, Act 475), authorizing and directing the said\nInterstate Commission on the Delaware River Basin to make surveys and\ninvestigations to determine and report on the feasibility and\nadvisability of the future construction of an integrated water project\ndesigned, among other purposes, to meet the combined prospective water\nsupply requirements of political subdivisions and metropolitan areas in\nthe said States, both within and outside the said Basin, empowering such\nCommission to enter upon lands, structures, and waters for the purposes\nof such surveys and investigations, making an appropriation to such\nCommission, and requiring a full report of its proceedings, findings,\nconclusions, recommendations, and such draft or drafts of legislation as\nit may deem necessary or proper for enactment by such States; and\n Whereas, based upon a full report submitted by the Interstate\nCommission on the Delaware River Basin setting forth the findings,\nconclusions, and recommendations resulting from its surveys and\ninvestigations, it is the opinion of that Commission, concurred in by\neach of the aforesaid Commissions on Interstate Cooperation, that the\nfuture construction of integrated water projects in the Delaware River\nBasin is feasible, advisable, and urgently needed, and can best be\naccomplished by and through a joint administrative agency created by an\nagreement or compact between the States of Delaware, New Jersey, and New\nYork and the Commonwealth of Pennsylvania; and\n Whereas, the Congress of the United States, by its joint Resolution of\nMarch 1, 1911 (36 Stat. 961), relating to the conservation of forests\nand water supply and protection of forests from fire, gave general\nconsent to encourage the making of agreements or compacts between States\nfor the purpose of conserving the forests and the water supply;\n Now, Therefore, the Commonwealth of Pennsylvania and the States of New\nJersey and New York (and the State of Delaware if and when Delaware\nbecomes a signatory State) do hereby solemnly covenant and agree each\nwith the other as follows:\n ARTICLE 1\n CREATION AND PURPOSES OF THE COMMISSION\n 1. There is created hereby a body corporate and politic with perpetual\nsuccession, to be known as The Delaware River Basin Water Commission\n(hereinafter in this compact referred to as the Commission), which shall\nconstitute a public corporate instrumentality of the Commonwealth of\nPennsylvania and of the States of New Jersey and New York, (and of the\nState of Delaware if and when Delaware becomes a signatory State), and\nof each of them, to exercise an essential governmental function of each\nof the signatory States, for the purposes of developing, utilizing,\ncontrolling, and conserving the water resources of the Delaware River\nBasin in order to assure an adequate water supply:\n (a) to meet the domestic and industrial requirements of political\nsubdivisions and metropolitan areas within those States;\n (b) to provide an adequate minimum flow in the Delaware River for the\nprotection of public health, for the benefit of industry and of\nfisheries, such as oysters, clams, and other shellfish, for animal and\naquatic life, for recreation, for general sanitary conditions, for the\ndilution and abatement of pollution, and for the prevention of undue\nsalinity; and\n (c) to provide for such other uses of water as navigation, flood\ncontrol, production of hydro-electric power, and related uses.\n 2. In order to effectuate the foregoing purposes, the Commission shall\ndetermine the exact locations and character of, formulate plans for, and\ndetermine all matters in connection with, the construction, operation\nand maintenance of dams, reservoirs, and appurtenant structures within\nthe Delaware River Basin as herein defined for the storage and effective\nregulation of the water resources thereof, and treatment plants,\naqueducts, conduits, or other facilities, and shall finance, construct,\noperate, and maintain such structures and facilities as are deemed\nnecessary to the following project, or a reasonable modification\nthereof, that is to say: (a) a dam across the West Branch of the\nDelaware River near Cannonsville, New York; (b) a dam across the\nDelaware River near Barryville, New York; (c) a dam across the Neversink\nRiver near Godeffroy, New York; (d) a dam across the Delaware River near\nWallpack Bend; (e) a dam across the East Branch of the Delaware River\nnear Fish Eddy; (f) a dam across Flat Brook near Flatbrookville, New\nJersey; (g) an aqueduct connecting the reservoir created by the dam\nacross the Delaware River near Barryville, New York, with the reservoir\non the Neversink River created by a dam near Godeffroy, New York; (h) an\naqueduct, with equalizing reservoir en route, to convey a supply of\nwater from the reservoir on the Neversink River created by the dam near\nGodeffroy, New York, to municipalities in northern New Jersy and to New\nYork City; and (i) such dams, reservoirs, tunnels, conduits, and other\nfacilities as may be required to furnish water supply to Philadelphia\nand adjacent areas.\n 3. For the purpose of this compact the "Delaware River Basin" is\ndefined as all that land from which surface water drains naturally into\nthe Delaware River.\n ARTICLE II\n COMMISSIONERS\n 1. The Commission shall consist of three members from each signatory\nState, who shall be citizens and residents thereof and shall be\nappointed by the Governor of that State, by and with the consent of its\nSenate, unless its Constitution otherwise provides.\n 2. The term of each such commissioner shall be for five years,\nprovided, however, that the terms of the three commissioners first\nappointed by each state shall be as follows, to wit: one for three\nyears, one for four years, and one for five years. All commissioners\nshall continue to hold office after the expiration of the terms for\nwhich they shall have been appointed until their respective successors\nshall have been appointed and qualified, but no period during which any\ncommissioner shall hold over shall be deemed to be an extension of his\nterm of office for the purpose of computing the date on which his\nsuccessor's term expires.\n 3. Any commissioner may be removed or suspended from office as\nprovided by the Constitution or applicable law of the State which he\nrepresents. In the event of a vacancy in the office of any\ncommissioner, from any reason or cause, such vacancy shall be filled by\nappointment by the Governor of the State concerned, subject to\nconfirmation as above provided, for the unexpired term.\n 4. The commissioners shall serve without compensation but shall be\npaid their actual and necessary expenses incurred in and incident to the\nperformance of their duties, provided, however, that the elected\nofficers of the Commission shall receive such compensation as may be\nfixed by the Commission.\n 5. The Federal Government may be represented on the Commission by\nthree advisory members who shall serve without compensation from the\nCommission. The Constitution and other laws of the United States shall\napply to the appointment or removal of such advisory members and the\nterm or terms during which they shall serve.\n ARTICLE III\n OFFICERS, EMPLOYEES, MANAGEMENT AND PROCEDURE\n 1. The commissioners shall have charge of the Commission's property\nand affairs. The Commission shall adopt an official seal and suitable\nby-laws and shall promulgate rules and regulations for its management\nand control.\n 2. A majority of the commissioners from the signatory States shall\nconstitute a quorum for the transaction of business at any meeting of\nthe Commission. No action shall be taken by the Commission unless a\nmajority of the members from each state are present at a meeting of the\nCommission and no action so taken, including any action which, for the\npurposes of the project authorized by paragraph two of Article I of this\ncompact or for any expansion thereof or any new project, imposes any\nfinancial obligation on any signatory State or on any political\nsubdivision therein or which allocates water for water supply or for the\nmaintenance of an adequate minimum flow to any signatory State or any\npolitical subdivision therein, shall be binding or effective unless a\nmajority of the members from each State shall have voted in favor\nthereof; provided, however, that no action taken at any meeting of the\nCommission by any member shall have force or effect until the Governor\nof the State, which such member represents, shall have an opportunity to\napprove or veto the same. For the purpose of procuring such approval or\nveto, the secretary or other officer of the Commission in charge of the\nminutes of the proceedings of the Commission shall transmit to the\nGovernors of the signatory States at their official offices a certified\ncopy of the minutes of every meeting of the Commission as soon after the\nholding of such meeting as such minutes can be written out. Each\nGovernor shall, within five days after such minutes shall have been\ndelivered at his official office, cause the same to be returned to the\nCommission either with his approval or with his veto of any action\ntherein recited as having been taken by any member of the Commission\nappointed from his State, provided, however, that if a Governor shall\nnot return the said minutes within the said period then at the\nexpiration thereof any action therein recited will have full force and\neffect according to the wording thereof. If a Governor within the said\nperiod returns the said minutes with a veto against the action of any\nmember of the Commission from his State as recited therein, then such\naction of such member shall be null and void. A governor may by order\nfiled with the secretary of the Commission relieve the members from his\nState from the duty of procuring his approval of their action upon any\nparticular matter or class of matters, and thereupon the secretary or\nother officer in charge of the minutes of the proceedings of the\nCommission shall be relieved from reporting the same to him.\n 3. The Commission shall elect annually a chairman and a vice-chairman.\nThe Commission shall appoint a secretary and a treasurer, who may be but\nneed not be members of the Commission. The secretary shall be custodian\nof the records of the Commission with authority to affix the\nCommission's official seal and to attest to and certify such records or\ncopies thereof. Disbursements by the Commission shall be valid only when\nauthorized by the Commission.\n 4. The Commission shall appoint and at its pleasure remove or\ndischarge counsel, an executive director, engineers, and such other\nagents and employees as it may require for the performance of the powers\nand functions of the Commission. The Commission shall determine and fix\nthe duties and compensation of its appointed officers and employees, and\nshall fix the compensation, if any, of its elected officers.\n 5. The Commission may establish and maintain one or more offices\nwithin the area of the signatory States for the transaction of its\nbusiness and may meet at any time or place, but must meet at least once\neach year.\n 6. The Commission shall keep accurate accounts of all receipts and\ndisbursements. The accounts of the Commission shall be open at any\nreasonable time for inspection and audit by such representative or\nrepresentatives of the respective signatory States as may be duly\nconstituted for that purpose, and for inspection by others who may be\nauthorized by the Commission.\n 7. The Commission shall make an annual report to the Governor and the\nlegislature of each signatory State setting forth in detail the\noperations and transactions conducted by it pursuant to this compact,\nand shall make recommendations for any legislative action deemed by it\nto be advisable, including amendments to the statutes of the signatory\nStates which may be deemed necessary to carry out the intent and purpose\nof this compact.\n 8. No member, agent or employee of the Commission shall have a\npersonal interest, either directly or indirectly, in any contract\nentered into by the Commission, including the sale to the Commission of\nany real or personal property. A violation of this provision shall\nconstitute a misdemeanor and, upon trial and conviction, shall be\npunishable in accordance with the laws of the signatory State in which\nthe offense is committed, but, in no event, shall the punishment\ntherefor exceed imprisonment for more than one year or a fine of more\nthan five hundred dollars, or both.\n 9. No member, agent or employee of the Commission, while acting within\nthe scope of his authority, shall be personally liable for any acts\nperformed in the execution of the powers expressly authorized by this\ncompact.\n ARTICLE IV\n GENERAL POWERS AND LIABILITY TO SUIT\n 1. For the effectuation of its authorized purposes, the Commission is\nhereby granted and shall have the following powers in addition to such\npowers as may be provided for elsewhere in this compact, to wit:\n (a) To sue in its own name in Federal and State courts.\n (b) To acquire, own, hire, use, operate, and dispose of personal\nproperty.\n (c) To acquire, own, use, and operate real property and interests\ntherein, to make improvements thereon, and to convey, lease or otherwise\ndispose of any such property no longer necessary for the authorized\npurposes of the Commission.\n (d) To grant, by lease or otherwise, the use of any property or\nfacility owned or controlled by the Commission, and to make charges\ntherefor.\n (e) To exercise the right of eminent domain, as provided in Article V\nof this compact.\n (f) To borrow money, make and issue from time to time negotiable bonds\nand notes, to fund and refund the same, and to provide for the rights of\nthe holders of its bonds and notes, as provided in Article XIII of this\ncompact.\n (g) To establish, levy, and collect, without being subject to the\nsupervision or regulation of any commission, board, bureau or agency of\nany of the signatory States or political subdivisions thereof, such\nrentals, fees or other charges for use of the facilities of or for the\nservices rendered by the Commission, and to revise such rentals, fees,\nor other charges as may be necessary to assure revenues at least\nadequate to defray the expenses of operation and maintenance of the said\nfacilities, to pay the interest on and principal of any bonds or other\nobligations of the Commission, and to establish any reasonable reserves\ntherefor.\n (h) To accept such payments, appropriations, grants, gifts, loans, and\nother funds, properties, and services as may be made available to it by\nthe Federal government or any of its agencies, by the governments and\npolitical subdivisions of the signatory States, or by private agencies,\ncorporations, or individuals.\n (i) To conduct surveys of dam, reservoir, treatment plant, aqueduct,\nor conduit locations and study subsurface conditions affecting the\nselection of such locations. Members of the Commission and its duly\naccredited agents, engineers, contractors, and employees may enter upon\nany lands, structures, and waters within any of the signatory States for\nsuch purposes or whenever it is deemed necessary for any of the purposes\nauthorized by this compact, and such entry shall not be deemed a\ntrespass or an entry under any condemnation proceedings which may be\nthen pending. In the exercise of this power, the Commission shall save\nharmless the signatory States from, and be responsible to any property\nowner for, any damage caused by surveys or by entry on lands or any\nother damage resulting therefrom, and the Commission shall require every\ncontractor or other agency performing work for said Commission to\nprovide security for the faithful performance of any contract with the\nCommission and to save harmless the Commission and the signatory States\nfrom damages caused as aforesaid.\n (j) To determine the exact locations and character of, to formulate\nplans for, and to determine all matters in connection with, the\nconstruction, operation, and maintenance of the dams, reservoirs, and\nappurtenant structures within the Delaware River Basin as herein defined\nfor the storage and effective regulation of the water resources thereof,\nand treatment plants, aqueducts, conduits, and other facilities deemed\nnecessary or convenient to effectuate the structures and facilities\ndescribed in paragraph 2 of Article I of this compact, and to finance,\nconstruct, operate and maintain such structures and facilities.\n (k) To prepare, upon the request of two or more signatory States, or\nupon its own initiative, in appropriate form for submission to the\nlegislatures of the signatory States, a report covering plans for, and\nthe method of financing of, any new project, or any expansion of the\nproject authorized and described in paragraph 2 of Article I of this\ncompact; and, upon approval of such report by the legislatures of the\nsignatory States and upon approval by the appropriate agency or agencies\nof the State or States of the detailed plans and specifications, all in\naccordance with the provisions of Article XI of this compact, to\nfinance, construct, operate and maintain such new or expanded project.\n (l) To determine and to allocate, subject to the provisions of\nparagraph 2 of Article III, to each of the signatory States an equitable\napportionment of available water supply in order to meet domestic and\nindustrial requirements of political subdivisions and metropolitan areas\ntherein.\n (m) To release, subject to the provisions of Article IX, the quantity\nof water required to be released from storage in order to maintain an\nadequate minimum flow in the Delaware River during periods of low flow\ntherein for the protection of public health, for the benefit of industry\nand of fisheries, such as oysters, clams, and other shellfish, for\nanimal and aquatic life, for recreation, for general sanitary\nconditions, for the dilution and abatement of pollution, and for the\nprevention of undue salinity.\n (n) To provide for such other uses of the water and water resources of\nthe Delaware River Basin as navigation, flood control, production of\nhydro-electric power, and related uses, and to cooperate with other\nappropriate agencies for that purpose.\n (o) To develop, or to provide for the development of, subject to the\nprovisions of Article X, hydro-electric power and energy inherent in the\ndevelopment and use of the waters to which this compact relates and\nincident to the control and conservation of such waters.\n (p) To make, enter into, and perform contracts with the Federal\ngovernment, with any of the signatory States or any of their political\nsubdivisions, with public or private agencies, and with corporations or\nindividuals, including (1) contracts for the sale of water for water\nsupply, for the sale of falling water and hydro-electric power and\nenergy, subject to the provisions of Article X, or for other services,\n(2) contracts for payments by the signatory States, or the political\nsubdivisions thereof, for benefits resulting from water released from\nstorage in order to maintain an adequate minimum flow in the Delaware\nRiver during periods of low flow therein, and (3) any other contracts\nnecessary or incidental to the performance of its duties and the\nexecution of its powers under this compact.\n (q) To take all measures necessary to guard and protect the areas in\nwhich its facilities or developments are located or in which any work of\nconstruction under authority of this compact is in progress, and to\nprotect its facilities and developments from damage by pollution or\notherwise, and to appoint a suitable number of persons as guards for\nsuch purposes. Such persons shall possess the power and authority of a\nconstable, peace officer, or police officer and shall have full power to\nserve as such officers within the signatory States and to enforce the\nprovisions of such laws thereof as are applicable to the purposes of\nthis paragraph.\n (r) To do all acts and things necessary or convenient to carry out the\npowers expressly granted in this compact.\n 2. The signatory States consent to suits, actions or proceedings of\nany form or nature at law, in equity or otherwise (including proceedings\nto enforce arbitration agreements) against the Commission, and to\nappeals therefrom and reviews thereof, except as hereinafter provided in\nsubparagraphs (a) and (b) hereof.\n (a) The foregoing consent does not extend to civil suits, actions or\nproceedings for the recovery of statutory penalties.\n (b) The foregoing consent does not extend to suits, actions or\nproceedings for judgments, orders or decrees restraining, enjoining or\npreventing the Commission from committing or continuing to commit any\nact or acts, other than suits, actions or proceedings by the attorney\ngeneral of any of the signatory States. The attorney general of each of\nthe signatory States is hereby authorized to bring such suits, actions\nor proceedings in his discretion on behalf of any person or persons\nwhatsoever who requests him so to do except in the cases excluded by\nsubparagraph (a) hereof; provided, that in any such suit, action or\nproceeding, no judgment, order or decree shall be entered except upon at\nleast two days' prior written notice to the Commission of the proposed\nentry thereof.\n (c) The foregoing consent is granted upon the condition that venue in\nany suit, action or proceeding against the Commission shall be laid\nwithin a county or a judicial district, established by any of the said\nsignatory States or by the United States, and situated wholly or\npartially within one of the signatory States. The Commission shall be\ndeemed to be a resident of each such county or judicial district for the\npurpose of such suits, actions or proceedings. Although the Commission\nis engaged in the performance of governmental functions, the signatory\nStates consent to liability on the part of the Commission in such suits,\nactions or proceedings for tortious acts committed by it and its agents\nto the same extent as though it were a private corporation.\n * (d) The foregoing consent is granted upon the condition that any\nsuit, action or proceeding prosecuted or maintained hereunder shall be\ncommenced within one year after the cause of action therefor shall have\naccrued, and upon the further condition that in the case of any suit,\naction or proceeding for the recovery or payment of money, prosecuted or\nmaintained hereunder, a notice of claim shall have been served upon the\nCommission by or on behalf of the plaintiff or plaintiffs at least sixty\ndays before such suit, action or proceeding is commenced. The provisions\nof this subparagraph shall not apply to claims arising out of provisions\nof any workmen's compensation law of any of the signatory States.\n * NB Effective until concurrence by members of the Delaware River\nBasin Water Commission\n * (d) The foregoing consent is granted upon the condition that any\nsuit, action or proceeding prosecuted or maintained hereunder shall be\ncommenced within one year and ninety days after the cause of action\ntherefor shall have accrued, and upon the further condition that in the\ncase of any suit, action or proceeding for the recovery or payment of\nmoney, prosecuted or maintained hereunder, a notice of claim shall have\nbeen served upon the Commission by or on behalf of the plaintiff or\nplaintiffs within the time limit established by and in compliance with\nsection fifty-e of the general municipal law. The provisions of this\nsubparagraph shall not apply to claims arising out of provisions of any\nworkmen's compensation law of any of the signatory States.\n * NB Effective upon concurrence by the members of the Delaware River\nBasin Water Commission\n (e) The notice of claim required by subparagraph (d) hereof shall be\nin writing, sworn to by or on behalf of the claimant or claimants, and\nshall set forth (1) the name and post office address of each claimant\nand of his attorney, if any, (2) the nature of the claim, (3) the time\nwhen, the place where and the manner in which the claim arose, and (4)\nthe items of damage or injuries claimed to have been sustained so far as\nthen practicable. Such notice may be served in the manner in which\nprocess may be served, or in lieu thereof, may be sent by registered\nmail to the Commission at its principal office. Where the claimant is an\ninfant or is mentally or physically incapacitated and by reason of such\ndisability no notice of claim is filed or suit, action or proceeding\ncommenced within the time specified in subparagraph (d) hereof, or where\na person entitled to make a claim dies and by reason of his death no\nnotice of claim is filed or suit, action or proceeding commenced within\nthe time specified in subparagraph (d) hereof, then any court in which\nsuch suit, action or proceeding may be brought may in its discretion\ngrant leave to serve the notice of claim and to commence the suit,\naction or proceeding within a reasonable time but in any event within\nthree years after the cause of action accrued. Application for such\nleave must be made upon an affidavit showing the particular facts which\ncaused the delay and shall be accompanied by a copy of the proposed\nnotice of claim if such notice has not been served, and such application\nshall be made only upon notice to the Commission.\n (f) The commissioners, officers or employees of the Commission shall\nnot be subject to suits, actions or proceedings for judgments, orders or\ndecrees restraining, preventing or enjoining them in their official or\npersonal capacities from committing or continuing to commit any act or\nacts on behalf of the Commission other than suits, actions and\nproceedings brought by the attorney general of any of the signatory\nStates. The attorney general of each of the signatory States is hereby\nauthorized to bring such suits, actions or proceedings in his discretion\non behalf of any person or persons whatsoever who requests him so to do\nexcept in the cases excluded by subparagraph (a) hereof; provided, that\nin any such suit, action or proceeding brought by an attorney general,\nno judgment, order or decree shall be entered except upon at least two\ndays' notice to the defendant of the proposed entry thereof.\n ARTICLE V\n CONDEMNATION PROCEEDINGS\n 1. The commission shall have the power, except as hereinafter provided\nand limited, to acquire by condemnation lands, lands lying under water,\nrights in land, riparian rights, water rights, waters, and other\nproperty within the Delaware River basin as defined herein or required\nfor aqueducts, or conduits deemed necessary or convenient to effectuate\nthe structures and facilities described in paragraph two of Article I of\nthis compact. This grant of the power of eminent domain includes, except\nas hereinafter provided and limited, but is not limited to, the power to\ncondemn property, within the Delaware river basin as defined herein or\nrequired for aqueducts, or conduits deemed necessary or convenient to\neffectuate the structures and facilities described in paragraph two of\nArticle I of this compact, owned or held by a political subdivision for\nmunicipal or public purposes, by a public district, by a public\ncorporation or by a public authority, and includes as well the power to\ncondemn any property already devoted to a public purpose, by whomsoever\nowned or held, other than property owned or held by the signatory States\nand other than property owned or held by the City of New York, wherever\nsituate, for its water supply or for its water supply system. Nothing\nherein shall be deemed to include the power to condemn the lands,\nstructures or properties necessary or convenient to the exercise of the\nrights reserved in Article XVI of this compact.\n 2. Such power shall be exercised in accordance with the provisions of\nsuch special law, specifically applicable to the said Commission, as may\nnow or hereafter be in force in the signatory State in which such\nproperty is located; provided, that if there be no such special law in\nforce in such State, condemnation proceedings shall be in accordance\nwith the provisions of such applicable general condemnation law as may\nbe in force in such State.\n 3. Any award or compensation for the taking of property pursuant to\nthis Article shall be paid by the Commission, and none of the signatory\nStates nor any agency, instrumentality, or political subdivision thereof\nshall be liable for such award or compensation.\n ARTICLE VI\n CONVEYANCE OF LANDS AND RELOCATION OF PUBLIC FACILITIES\n 1. The signatory States hereby consent to the acquisition, use and\noccupation by the Commission, pursuant to the laws of the respective\nStates, of any real property within the said States, or any of them,\nincluding lands lying under water and lands already devoted to public\nuse, which may be or may become necessary or convenient for the\nconstruction, operation, and maintenance of dams, reservoirs, treatment\nplants, aqueducts, conduits, and other structures or facilities,\napproved in accordance with the provisions of this compact; provided,\nsuch lands and property are located within the Delaware River Basin as\ndefined herein or required for aqueducts, or conduits deemed necessary\nor convenient to effectuate the structures and facilities described in\nparagraph 2 of Article I of this compact.\n 2. The signatory States hereby authorize their respective officers,\nagencies, departments, commissions or bodies having jurisdiction and\ncontrol over real property owned by the signatory States to convey in\naccordance with the laws of the respective States, to the Commission,\nwith or without consideration, any such real property as may be\nnecessary or convenient to the effectuation of the authorized purposes\nof the Commission.\n 3. Each political subdivision of each of the signatory States is\nhereby authorized and empowered, notwithstanding any contrary provision\nof law, to grant and convey to the Commission, upon the Commission's\nrequest, but not otherwise, upon reasonable terms and conditions, any\nreal property owned by such political subdivision, including lands lying\nunder water and lands already devoted to public use, which may be\nnecessary or convenient to the effectuation of the authorized purposes\nof the Commission.\n 4. The term "real property" as used in this compact shall include any\nand all things and rights usually included within the said term and\nincludes not only fees simple absolute, but also any and all lesser\ninterests such as easements, rights of way, uses, leases, licenses, and\nall other incorporeal hereditaments, and every estate, interest or\nright, legal or equitable, including terms of years and liens thereon by\nway of judgments, mortgages or otherwise, and also claims for damage to\nreal property.\n 5. Any highway, sewer, public utility, or other public facility, which\nwill be dislocated by reason of the constructions deemed necessary by\nthe Commission to effectuate the authorized purposes of this compact,\nshall be relocated, providing that such relocation be required to serve\nthe public interest, in the manner provided for by the laws of the\nrespective signatory States, at the expense of the Commission.\n ARTICLE VII\n TAXES AND PAYMENTS IN LIEU OF TAXES\n 1. The effectuation of its authorized purposes by the Commission is\nand will be in all respects for the benefit of the people of the\nsignatory States; and, since the Commission will be performing essential\ngovernmental functions in effectuating said purposes, the bonds or other\nsecurities or obligations issued by the Commission and the income\ntherefrom, or any profit made on the sale thereof, shall be exempt from\nall taxation by or within the States of Delaware, New Jersey and New\nYork and the Commonwealth of Pennsylvania except for transfer and\ninheritance taxes.\n 2. Lands acquired by the Commission for the purposes of this compact\nshall be taxable in the tax districts wherein such lands are located at\nthe average value thereof as improved on the date of acquisition. Such\naverage value shall be determined on the basis of computation of the\naverage assessed value of such lands as improved for the five-year\nperiod immediately prior to such date of acquisition. The assessed value\nof such land shall be reviewed by the taxing authority at the end of\neach five-year period after the date of acquisition and such assessed\nvaluation shall be increased or decreased percentagewise as the average\nassessed valuation of all the other property in the tax district has\nincreased or decreased in such five-year period. However, none of the\ndams, reservoirs, treatment plants, aqueducts, conduits, or other\nstructures, or facilities, or their appurtenances, to be built in\naccordance with the authority conferred by this compact shall be\ntaxable, nor shall the assessed value of the lands upon which such\nstructures are built be increased by reason of their presence thereon.\n 3. Notwithstanding the provisions of the last preceding paragraph, the\nCommission is hereby authorized and empowered to enter into agreements\nwith political subdivisions to pay a fair and reasonable sum or sums to\nthe said political subdivisions in lieu of taxes which otherwise would\nbe levied and collected with respect to any property hereafter acquired\nby the Commission. Any such payment or payments made by the Commission\nmay be paid on an annual basis, or such payment or payments may be made\nin a lump sum or sums or over a stated period of years, as shall be\nagreed upon by and between the Commission and such political\nsubdivision; provided, however, that in any case the payment or payments\nshall not be in excess of the amount of the taxes upon such property\nwhen last assessed prior to the time of its acquisition by the\nCommission. Every political subdivision wherein property shall be\nacquired by the Commission is authorized and empowered to enter into\nsuch agreement or agreements with the Commission to accept such payment\nor payments.\n ARTICLE VIII\n CONTRACTS FOR WATER SUPPLY\n 1. The term "political subdivision", as used in this Article, shall\nmean and include, in addition to its usual meaning, water districts,\nwater supply districts, and any other public authorities, public\ncorporations, commissions or bodies having power to own, acquire, or\ncontract for a public water supply.\n 2. Political subdivisions of the signatory States, either directly or\nthrough any board of water commissioners, district water supply\ncommissioners, or any other board, commission, or public authority\nhaving jurisdiction or control over all or any part of a water supply or\ndistribution system, may enter into contracts for the supplying of water\nby the Commission and the payment of any fees or other charges to the\nCommission. The contracts may be made for a specified or an unlimited\ntime notwithstanding any other provisions of law, general or special, on\nany terms and conditions which may be approved by the political\nsubdivision and which may be agreed to by the Commission, and such\ncontracts shall be valid and binding upon the political subdivision,\nnotwithstanding that no appropriation has been made or provided to cover\nthe cost or estimated cost of the contract.\n 3. Such political subdivision is hereby authorized and directed to do\nand perform any and all acts or things necessary, convenient or\ndesirable to carry out and perform every such contract and to provide\nfor the payment of any obligations thereunder in the same manner as\nother obligations of such political subdivision. Each political\nsubdivision shall pay promptly to the Commission all fees and other\ncharges due the Commission.\n ARTICLE IX\n RELEASE OF STORED WATERS\n 1. No signatory State shall permit the flow in the Delaware River to\nbe diminished by the diversion of any water from the main channel of the\nDelaware River during any period in which waters are being released from\nstorage reservoirs constructed under the provisions of this compact for\nthe purpose of maintaining an adequate minimum flow in the Delaware\nRiver during the periods of low flow therein, except in cases where such\ndiversion shall have been duly authorized under the provisions of this\ncompact.\n 2. The Commission shall release water from storage for the purpose of\nmaintaining an adequate minimum flow in the Delaware River during\nperiods of low flow therein in accordance with the following provisions:\n (a) Upon and after completion of a storage reservoir on the West\nBranch of the Delaware River near Cannonsville, New York, sufficient\nwater shall be released from the aforesaid reservoir to maintain a\nminimum flow in the Delaware River, as measured at the stream gaging\nstation at Port Jervis, New York, of at least 1800 cubic feet per\nsecond.\n (b) Upon and after completion of storage reservoirs on the West Branch\nof the Delaware River near Cannonsville, New York, on the main channel\nof the Delaware River near Barryville, New York, and on the Neversink\nRiver near Godeffroy, New York, sufficient water shall be released from\nthe system consisting of the three aforesaid reservoirs to maintain a\nminimum flow in the Delaware River, as measured at the stream gaging\nstation at Trenton, New Jersey, of at least 4000 cubic feet per second.\n (c) Upon and after completion of storage reservoirs on the West Branch\nof the Delaware River near Cannonsville, New York, on the main channel\nof the Delaware River near Barryville, New York, on the Neversink River\nnear Godeffroy, New York, and on the main channel of the Delaware River\nnear Wallpack Bend, sufficient water shall be released from the system\nconsisting of the four aforesaid reservoirs to maintain a minimum flow\nin the Delaware River, as measured at the stream gaging station at\nTrenton, New Jersey, of at least 4800 cubic feet per second.\n (d) The intent and purpose of the requirements of paragraphs (b) and\n(c) of this article are to provide for a flow at all times of at least\n4000 cubic feet per second, or at least 4800 cubic feet per second, as\nthe case may be, from the non-tidal section of the Delaware River above\nTrenton into the tidal section of the Delaware River below Trenton.\nAccordingly, the requirements for the flow of at least 4,000 cubic feet\nper second, or at least 4800 cubic feet per second, at Trenton may be\nreduced by the Commission in such a manner as to carry out this intent\nand purpose in the event the Commission is called upon to utilize a part\nof the waters which would otherwise flow in the Delaware River at\nTrenton as a source of water supply for the City of Philadelphia and\nother political subdivisions and metropolitan areas in the greater\nPhiladelphia-South Jersey area which are situated wholly within the\nDelaware River Basin.\n ARTICLE X\n HYDROELECTRIC POWER AND ENERGY\n In the exercise of its power to develop, or to provide for the\ndevelopment of, hydroelectric power and energy, no water shall be used\nin addition to the water which would otherwise be developed and used by\nthe Commission for water supply and for water required to be released\nfrom storage in order to maintain an adequate minimum flow in the\nDelaware River during periods of low flow therein. The Commission shall\nnot engage in the transmission and distribution of power and energy\nexcept for its own use.\n ARTICLE XI\n FORMULATION AND APPROVAL OF PLANS\n 1. Upon the request of two or more signatory States, or upon its own\ninitiative, the Commission shall prepare, in appropriate form for\nsubmission to the legislatures of the signatory States, a report\ncovering plans for, and the method of financing, any new project, or any\nexpansion of the project authorized and described in paragraph 2 of\nArticle I of this compact, for the construction, operation, and\nmaintenance of such dams, reservoirs, and appurtenant structures within\nthe Delaware River Basin, and such treatment plants, aqueducts,\nconduits, and other facilities, as may be required to effectuate the\npurposes of this compact.\n 2. Prior to the submission of any such report to the legislatures of\nthe signatory States the Commission shall:\n (a) Conduct investigations in such manner as to give appropriate\nconsideration and weight to the interrelation of the proposed project\nwith projects and programs of other agencies, public and private,\nfederal, interstate, state, and local, concerning the development,\nutilization, control and conservation of the water resources of the\nDelaware River Basin.\n (b) Transmit a copy of its tentative draft of a report concerning any\nproposed project to the following agencies, or their respective\nsuccessors, for the purpose of affording such agencies an opportunity to\nsubmit to the Commission, within ninety days from the date of receipt of\nsuch tentative draft, written statements of their views and\nrecommendations regarding any such project: Water Pollution Control\nCommission of the State of Delaware; Division of Water Policy and Supply\nof the State of New Jersey; Water Power and Control Commission of the\nState of New York; Water and Power Resources Board of the Commonwealth\nof Pennsylvania; and the Interstate Commission on the Delaware River\nBasin. Representatives of each of the aforesaid agencies may, in order\nto analyze and appraise any project proposed by the Commission created\nby this compact, enter upon any lands, structures, and waters within the\nstates in which the Delaware River Basin is located, for the purpose of\nsurveying dam, reservoir, treatment plant, aqueduct, or conduit\nlocations, studying subsurface conditions affecting the selection of\nsuch locations, and for such other purposes as may be deemed necessary.\n (c) Include in its report, for submission to the legislatures of the\nsignatory States, the statements of views and recommendations, if any,\nof the aforesaid agencies.\n 3. The report, prepared after compliance with the procedures\nhereinbefore provided, shall be submitted by the Commission to the\nlegislatures of the signatory States. The Commission shall have\nauthority to proceed with the project proposed in the said report when\nsuch report has been approved by the legislatures of all the signatory\nStates, or by the legislatures of the States of New Jersey and New York\nand the Commonwealth of Pennsylvania.\n 4. Prior to proceeding with any construction which is a part of the\nproject authorized and described in paragraph 2 of Article I of this\ncompact, or of any authorized expansion thereof, or of any authorized\nnew project, the Commission shall submit detailed plans and\nspecifications for the construction of any structure, or part thereof,\nto, and secure the approval of, the appropriate agency or agencies of\nthe State or States within which such construction is necessary as a\npart of the said project.\n ARTICLE XII\n GRANTS, LOANS, OR PAYMENTS BY STATES OR POLITICAL SUBDIVISIONS\n 1. Any or all of the signatory States, or any political subdivisions\nthereof, may after appropriate legislative authorization for that\npurpose,\n (a) Appropriate to the Commission such funds as may be necessary to\npay preliminary expenses such as the expenses incurred in the making of\nborings and other studies of sub-surface 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 construction\nproject.\n (b) advance to the Commission, either as grants or loans, such funds\nas may be necessary or convenient to finance the operation and\nmanagement of, or construction by, the Commission.\n (c) make payments to the Commission for benefits received, or to be\nreceived, from the operation of any of the structures or facilities of\nthe Commission.\n 2. Any funds which may be loaned to the Commission either by a\nsignatory State, 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 State or\npolitical subdivision making the loan.\n ARTICLE XIII\n FINANCING\n 1. The Commission shall have power and is hereby authorized, from time\nto time, to issue its negotiable bonds for any of its authorized\npurposes, to issue its bonds to refund bonds issued by it, to issue its\nnegotiable notes in anticipation of bonds, and to pay its bonds and\nnotes from revenues of the Commission and the proceeds of its bonds and\nother moneys of the Commission, as the resolution authorizing the\nissuance may provide:\n (a) Refunding bonds may be issued partially to refund bonds then\noutstanding and partially for any other of its authorized purposes.\nRefunding bonds may be issued whenever the Commission deems expedient,\nwhether the bonds to be refunded have or have not matured, and may be\nexchanged for the bonds to be refunded with such cash adjustments as may\nbe agreed, or may be sold before the bonds to be refunded become due and\nthe proceeds applied to the purchase, redemption or payment of the bonds\nto be refunded, including interest accrued, and any redemption premiums\npayable, thereon.\n (b) Except as may be otherwise expressly provided by the Commission,\nevery issue of bonds shall be general obligations payable out of any\nmoneys or revenues of the Commission, subject only to any agreements\nwith the holders of any bonds pledging any moneys or revenues.\n (c) Whether or not bonds or notes issued by the Commission are of such\nform and character as to be negotiable instruments, such bonds or notes\nshall be fully negotiable within the meaning and for all the purposes of\nthe Negotiable Instruments Law, subject only to any provisions of the\nbonds for registration.\n (d) The Commission may issue temporary bonds, with or without coupons,\npending the preparation of definitive bonds, exchangeable for definitive\nbonds.\n (e) Bonds shall be authorized by resolution of the Commission and\nshall bear such date or dates, mature at such time or times, bear\ninterest at such rate or rates not exceeding five per centum per annum,\nbe in such denominations, be in such form, either coupon or registered,\ncarry such registration privileges, be executed in such manner, be\npayable in such medium of payment and at such place or places, and be\nsubject to such terms of redemption, as such resolution or resolutions\nmay provide, but in no event shall the redemption price of a bond exceed\nthe par value thereof and a premium of four per centum plus accrued\ninterest. The official seal of the Commission, or a facsimile thereof,\nshall be impressed, engraved, or otherwise reproduced on each bond or\nnote, and be attested by the Secretary or by such other officer or agent\nas the Commission shall appoint and authorize. If any officer or\nauthorized agent whose signature, or a facsimile thereof, shall appear\non any bonds, coupons, or notes, shall cease to be such officer or\nauthorized agent before the delivery of the bonds or notes, such\nsignature or such facsimile signature shall be valid and sufficient for\nall purposes the same as if he had continued in office until such\ndelivery. The bonds shall be sold at public sale for a price not less\nthan ninety-six per centum of the par value thereof plus accrued\ninterest, provided that the interest cost to maturity of the money for\nany issue of such bonds shall not exceed five per centum per annum.\n (f) Any resolution of the Commission authorizing the issuance of bonds\nmay appoint a trustee or trustees, a fiscal agent or fiscal agents, a\npaying agent or paying agents, and such other fiduciaries as such\nresolution may provide. Any trustee, fiscal agent, paying agent and\nother fiduciary so appointed may be any trust company or bank having the\npowers of a trust company within any one of the signatory States.\n (g) In order to secure the payment of its bonds the Commission shall\nhave power, in the resolution authorizing the issuance of the bonds\n(which shall be deemed a contract with the bondholders):\n (1) to pledge all or any part of its revenues to which its right then\nexists or may thereafter come into existence, and the moneys derived\ntherefrom, and the proceeds of bonds;\n (2) to covenant against pledging all or any part of its revenues, or\nagainst mortgaging all or any part of its real or personal property then\nowned or thereafter acquired, or against permitting or suffering any\nlien on such revenues or property; to covenant with respect to\nlimitations on its right to sell, lease or otherwise dispose of any\nproject or any part thereof, or any property of any kind;\n (3) to covenant as to the bonds to be issued and the limitations\nthereon and the terms and conditions thereof and as to the custody,\napplication and disposition of the proceeds thereof, and to covenant as\nto the issuance of additional bonds or as to limitations on the issuance\nof additional bonds and on the incurring of other debts by it;\n (4) to provide for the replacement of lost, destroyed or mutilated\nbonds;\n (5) to provide for the investment of all or a part of its funds on\ndeposit with the trustee or other fiduciary in such obligations as the\nresolution authorizing the issuance of the bonds may provide;\n (6) to covenant against extending the time for the payment of bonds or\ninterest thereon; to covenant as to the redemption premiums and other\nterms and conditions thereof;\n (7) to covenant as to the payment of the principal of or interest on\nthe bonds, or any other obligations, as to the sources and methods of\nsuch payment, as to the rank or priority of any such bonds or\nobligations with respect to any lien or security or as to the\nacceleration of the maturity of any such bonds or obligations;\n (8) to covenant as to the rates of fees or other charges to be\nestablished and to be charged, and the amount to be raised each year or\nother period of time by such charges or other revenues and as to the use\nand disposition to be made thereof; to create or authorize the creation\nof special funds or moneys to be held in pledge or otherwise for\nconstruction, operating expense, payment or redemption of bonds,\nreserves or other purposes and to covenant as to the use and disposition\nof the moneys held in such funds;\n (9) to establish the procedure, if any, by which the terms of any\ncontract or covenant with or for the benefit of the bondholders may be\namended or abrogated, the amount of bonds the holders of which must\nconsent thereto, and the manner in which such consent may be given;\n (10) to covenant as to the maintenance of its real and personal\nproperty, the replacement thereof, the insurance to be carried thereon,\nand the use and disposition of insurance moneys;\n (11) to provide for the rights and liabilities, powers and duties\narising upon the breach of any covenant, condition or obligation; to\nprescribe the events of default and the terms and conditions upon which\nany or all of the bonds shall become or may be declared due and payable\nbefore maturity and the terms and conditions upon which any such\ndeclaration and its consequences may be waived;\n (12) to vest in a trustee or trustees such property, rights, powers\nand duties in trust for the bondholders, as the Commission may\ndetermine, which may include any or all of the rights, powers and duties\nof the statutory trustee appointed by the holders of bonds pursuant to\nsub-paragraph (a) of paragraph 2 of this Article; to limit or abrogate\nthe rights of the holders of such bonds to appoint such statutory\ntrustee, or to limit the rights, duties and powers of such statutory\ntrustee;\n (13) to limit the rights of the bondholders to enforce any pledge or\ncovenant securing the bonds; and\n (14) to make covenants other than and in addition to the covenants\nherein expressly authorized, of like or different character; and to make\nsuch covenants to do or refrain from doing such acts and things as may\nbe necessary or convenient or desirable in order to better secure the\nbonds or which, in the absolute discretion of the commission, will tend\nto make the bonds more marketable, notwithstanding that such covenants,\nacts or things may not be enumerated herein.\n (h) Any pledge of revenues or other moneys made by the Commission\nshall be valid and binding from the time when the pledge is made; the\nrevenues or other moneys so pledged and thereafter received by the\nCommission shall immediately be subject to the lien of such pledge\nwithout any physical delivery thereof or further act, and the lien of\nany such pledge shall be valid and binding as against all parties having\nclaims of any kind in tort, contract or otherwise against the\nCommission, irrespective of whether such parties have notice thereof.\nNeither the resolution nor any other instrument by which a pledge is\ncreated need be filed or recorded except in the records of the\nCommission.\n (i) Bonds may be issued under the provisions of this compact without\nobtaining the consent of any department, division, commission, board,\nbureau or agency of any of the signatory States, and without any other\nproceedings or the happening of any other conditions or things than\nthose proceedings, conditions or things which are specifically required\nby this compact.\n (j) The Commission shall not have power to mortgage real property.\n (k) Moneys of the Commission or moneys held in pledge or otherwise for\nthe payment of bonds or in any way to secure bonds and the deposits of\nsuch moneys may be secured in such manner as the Commission may require\nand all banks and trust companies in each of the signatory States are\nauthorized to give such security therefor.\n (l) Neither the members of the Commission nor any person executing the\nbonds shall be liable personally on the bonds or be subject to any\npersonal liability or accountability by reason of the issuance thereof.\n (m) The Commission shall have the power to purchase its bonds out of\nany funds available therefor. The Commission may refund, or it may hold,\ncancel, or resell, such bonds subject to and in accordance with\nagreements with bondholders.\n 2. The following provisions shall be applicable to an issue of bonds\nauthorized or issued by the Commission, only if the resolution of the\nCommission authorizing or providing for the issuance of such bonds shall\nprovide in substance that the holders of the bonds of such issue shall\nbe entitled to the benefits and be subject to the provisions of this\nparagraph 2:\n (a) In the event that there shall be a default in the payment of\nprincipal of or interest on any bonds of such issue after the same shall\nbecome due, whether at maturity or upon call for redemption, and such\ndefault shall continue for a period of thirty days, or in the event that\nthe Commission shall fail or refuse to comply with the provisions of\nthis compact or shall fail or refuse to carry out and perform the terms\nof any contract or covenant with or for the benefit of the holders of\nany such bonds, and such failure or refusal shall continue for a period\nof thirty days after written notice by any holder of bonds of such issue\nor by a trustee for bondholders to the Commission of its existence and\nnature, the holders of twenty-five per centum (25%) in aggregate\nprincipal amount of the bonds of such issue then outstanding by\ninstrument or instruments filed in the office of the Secretary of State\nof each signatory State and proved or acknowledged in the same manner as\na deed to be recorded, may appoint a statutory trustee to represent the\nholders of the bonds of such issue for the purposes provided in this\nparagraph 2.\n (b) Such statutory trustee may and, upon written request of the\nholders of twenty-five per centum (25%) in aggregate principal amount of\nthe bonds of such issue then outstanding, shall, in his or its own name:\n (1) by civil action or suit, enforce all rights of the holders of such\nbonds, including the right to require the Commission to charge and\ncollect revenues adequate to carry out any contract as to, or pledge of,\nsuch charges and revenues, and to require the Commission to carry out\nand perform the terms of any contract or covenant with or for the\nbenefit of the holders of such bonds or its duties under this compact;\n (2) bring action or suit upon all or any part of such bonds or\ninterest coupons or claims appurtenant thereto;\n (3) by action or suit require the Commission to account as if it were\nthe trustee of an express trust for the holders of such bonds;\n (4) by action or suit enjoin any acts or things which may be unlawful\nor in violation of the covenants of the Commission or the rights of the\nholders of such bonds; or\n (5) declare all such bonds due and payable, whether or not in advance\nof maturity, upon thirty days' prior notice in writing to the Commission\nand if all defaults shall be made good, then with the consent of the\nholders of twenty-five per centum (25%) of the principal amount of such\nbonds then outstanding, annul such declaration and its consequences.\n (c) Before declaring the principal of all such bonds due and payable\nthe statutory trustee shall first give thirty days' notice in writing to\nthe Commission.\n (d) Any such statutory trustee, whether or not the issue of bonds\nrepresented by such trustee has been declared due and payable, shall be\nentitled as of right to the appointment of a receiver of any part or\nparts of the property of the Commission the revenues derived from which\nproperty are pledged for the security of the bonds of such issue and\nsuch receiver may enter and take possession of such part or parts of\nsuch property and subject to any pledge or agreement with bondholders\nshall take possession of all moneys and other property derived from or\napplicable to the construction, operation, maintenance and\nreconstruction of such part or parts of such property and proceed with\nany construction thereon which the Commission is under obligation to do\nand to operate, maintain and reconstruct such part or parts of the\nproperty and collect and receive all revenues thereafter arising\ntherefrom subject to any pledge thereof or agreement with bondholders\nrelating thereto, and perform the public duties and carry out the\nagreements and obligations of the Commission under the direction of the\ncourt. In any suit, action or proceeding by the statutory trustee the\nfees, counsel fees and expenses of the said trustee and of the receiver,\nif any, shall constitute taxable disbursements and all costs and\ndisbursements allowed by the court shall be a first charge on any\nrevenues derived from such property.\n (e) Such statutory trustee shall, in addition to the foregoing, have\nand possess all of the powers necessary or appropriate for the exercise\nof any function specifically set forth herein or incident to the general\nrepresentation of bondholders in the enforcement and protection of their\nrights.\n 3. Notes issued in anticipation of bonds shall be paid from any moneys\nof the Commission available therefor and not otherwise pledged or from\nthe proceeds of sale of the bonds of the Commission in anticipation of\nwhich they were issued. The notes shall be issued and sold in the same\nmanner as the bonds and such notes and the resolution or resolutions\nauthorizing the same may contain any provisions, conditions or\nlimitations which the bonds or a bond resolution of the Commission may\ncontain. Such note shall be as fully negotiable as the bonds of the\nCommission.\n 4. Bonds issued by the Commission under the provisions of this compact\nare hereby made securities in which any signatory State and all\npolitical subdivisions thereof, their officers, boards, commissions,\ndepartments or other agencies, all banks, bankers, savings banks, trust\ncompanies, savings and loan associations, investment companies and other\npersons carrying on a banking business, all insurance companies,\ninsurance associations, and other persons carrying on an insurance\nbusiness, and other fiduciaries, and all other persons whatsoever,\nexcept as hereinafter provided, who now are or may hereafter be\nauthorized to invest in bonds or other obligations of any signatory\nState, may properly and legally invest any funds, including capital\nbelonging to them or within their control; provided that,\nnotwithstanding the provisions of any other general or special law to\nthe contrary, such bonds shall not be eligible for the investment of\nfunds, including capital, of trusts, estates or guardianships under the\ncontrol of individual administrators, guardians, executors, trustees and\nother individual fiduciaries. Said bonds or other securities or\nobligations are hereby made securities which may properly and legally be\ndeposited with and received by any State or municipal officers or agency\nof any signatory State for any purpose for which the deposit of bonds or\nother obligations of such State is now or may hereafter be authorized by\nlaw.\n 5. Each of the signatory States hereby pledges to and agrees with the\nholders of the bonds and notes issued in accordance with the provisions\nof this compact, that such State will not limit or restrict the rights\nhereby vested in the Commission to maintain, construct, reconstruct, and\noperate any project as defined in this compact or to establish and\ncollect such rents, fees, receipts or other charges as may be convenient\nor necessary to produce sufficient revenues to meet the expenses of\nmaintenance and operation thereof and to fulfill the terms of any\nagreements made with the holders of bonds authorized by this compact or\nin any way impair the rights or remedies of the holders of such bonds\nuntil the bonds, together with interest thereon, are fully paid and\ndischarged.\n ARTICLE XIV\n CREDIT OF SIGNATORY STATES NOT PLEDGED\n Bonds or notes issued under the provisions of this compact shall not\nbe deemed to constitute a debt or liability of any of the signatory\nStates or of any political subdivision thereof or a pledge of the faith\nand credit of any of the signatory States or of any such political\nsubdivision. All such bonds or notes shall contain on the face thereof a\nstatement to the effect that none of the signatory States nor any\npolitical subdivision thereof is obligated to pay the same or the\ninterest thereon and that neither the faith and credit nor the taxing\npower of any signatory State or of any political subdivision thereof is\npledged to the payment of the principal of or the interest on such\nbonds.\n ARTICLE XV\n NONIMPAIRMENT OF STATE POWERS\n 1. Except as provided in Article XVI of this compact, the signatory\nStates, as of the effective date of this compact, waive, renounce and\nrelease any claim, or alleged claim, of or to a prior appropriation of\nthe waters of the Delaware river, and waive, renounce and release any\nclaim or alleged claim, of or to any superior right of appropriation,\ndiversion or use of said waters.\n 2. Nothing in this compact shall be construed as impairing the powers\nof any signatory State to develop, improve, utilize, control, or\nconserve the water resources of the upper Delaware River Basin within\nthe boundaries of such State; provided, however, that the exercise of\nsuch powers by said State shall not conflict with the power of the\nCommission established by this compact with respect to those water\nresources authorized to be developed, improved, utilized, controlled, or\nconserved by such Commission.\n 3. Nothing in this compact shall be deemed to authorize the taking in\nany of the signatory States of a supply of water from this Commission\nunless and until all of the laws of the State, in which the proposed\ntaking of such water is located, have been complied with, and the\napproval of such taking has been secured from the appropriate agency or\nagencies of said State having jurisdiction over the taking of water\nsupplied.\n ARTICLE XVI\n EXISTING RIGHTS, DEVELOPMENTS AND COMPACTS\n 1. Nothing in this compact shall be deemed to affect any right of the\nStates of New Jersey, New York, the Commonwealth of Pennsylvania and the\nCity of New York, or any of them, granted or reserved by or pursuant to\nthe decision of the United States Supreme Court in New Jersey versus New\nYork, et al., (283 U.S. 336), or any modification thereof by that Court.\n 2. Nothing in any existing compact between any two or more of the\nsignatory States shall be impaired or invalidated by any of the\nprovisions of this compact.\n ARTICLE XVII\n CONSTRUCTION AND SEVERABILITY\n The provisions of this compact, or 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 State, agency, or person is held invalid,\nthe constitutionality of the remainder of this compact or such agreement\nand the applicability thereof to any other State, agency, person, or\ncircumstance shall not be affected thereby. It is the legislative intent\nthat the provisions of this compact be reasonably and liberally\nconstrued.\n ARTICLE XVIII\n EFFECTIVE DATE\n 1. This compact shall enter into force and become effective and\nbinding between the States of New Jersey and New York and the\nCommonwealth of Pennsylvania when (a) it has been adopted and enacted\ninto law by the respective legislatures of the said States and\nCommonwealth, and (b) it has been signed by the respective Governors of\nthe said States and Commonwealth, after authorization therefor by their\nrespective legislatures, and has been attested by the Secretary of the\nState of each of said States and Commonwealth and the Seal of each of\nsaid States and Commonwealth has been affixed thereto, and (c) the\nCongress of the United States of America has consented thereto.\n 2. This compact shall become effective and binding with respect to the\nState of Delaware, either at the same time it becomes effective and\nbinding between the States of New Jersey and New York and the\nCommonwealth of Pennsylvania as provided in the first paragraph of this\nArticle or at any time thereafter, when (a) it has been adopted and\nenacted into law by the legislature of the State of Delaware, and (b) it\nhas been signed by the Governor of the State of Delaware, after\nauthorization therefor by the legislature thereof, and has been attested\nby the Secretary of State of the State and the Seal of that State has\nbeen affixed thereto.\n 3. This compact shall be signed, attested, and sealed in five\noriginals, one original to be forwarded to the Governor of each\nsignatory State for filing in accordance with the laws of that State and\none original to be deposited in the archives of the Commission upon its\nestablishment.\n IN WITNESS WHEREOF, and in evidence of the adoption and enactment into\nlaw of this compact by the legislatures of the respective States, the\nrespective Governors of the signatory States do hereby, in accordance\nwith authority conferred by the legislatures of their respective States,\nsign this compact in five originals, as attested by the respective\nSecretaries of State of the said States, and have caused the respective\nSeals of the said States to be hereunto affixed,\nthis...................day of......................,19....\n