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| New Jersey Permanent Statutes TITLE 32 INTERSTATE AND PORT AUTHORITIES AND COMMISSIONS 32:11D-1. Short title |
This act shall be known and may be cited as the Delaware River Basin Compact.
L.1961, c. 13, p. 44, s. 1.1.
For the purposes of this compact, and of any supplemental or concurring
legislation enacted pursuant thereto, except as may be otherwise required
by the context:
(a) "Basin" shall mean the area
of drainage into the Delaware river and its tributaries, including Delaware
bay;
(b) "Commission" shall mean the
Delaware River Basin Commission created and constituted by this compact;
(c) "Compact" shall mean this
act.
(d) "Cost" shall mean direct
and indirect expenditures, commitment, and net induced adverse effects,
whether or not compensated for, used or incurred in connection with the
establishment, acquisition, construction, maintenance and operation of
a project;
(e) "Facility" shall mean any
real or personal property, within or without the basin, and improvements
thereof or thereon, and any and all rights of way, water, water rights,
plants, structures, machinery and equipment, acquired, constructed,
operated or maintained for the beneficial use of water resources
or related land uses including, without limiting the generality of the
foregoing, any and all things and appurtenances necessary, useful or convenient
for the control, collection, storage, withdrawal, diversion, release,
treatment, transmission, sale or exchange of water; or for navigation
thereon, or the development and use of hydroelectric energy and power,
and public recreational facilities; or the propagation of fish
and wildlife; or to conserve and protect the water resources
of the basin or any existing or future water supply source, or to
facilitate any other uses of any of them;
(f) "Federal Government" shall
mean the government of the United States of America, and any appropriate
branch, department, bureau or division thereof, as the case may be;
(g) "Project" shall mean any work,
service or activity which is separately planned, financed, or identified
by the commission, or any separate facility undertaken or to be undertaken
within a specified area, for the conservation, utilization, control,
development or management of water resources which can be established
and utilized independently or as an addition to an existing facility,
and can be considered as a separate entity for purposes of evaluation;
(h) "Signatory party" shall mean
a State or Commonwealth party to this compact, and the Federal Government;
(i) "Water resources" shall include
water and related natural resources in, on, under, or above the ground,
including related uses of land, which are subject to beneficial use, ownership
or control.
L.1961, c. 13, p. 44, s. 1.2.
The legislative bodies of the respective signatory parties hereby find
and declare:
(a) The water resources of the basin are affected with
a local, State, regional and national interest and their planning, conservation,
utilization, development, management and control, under appropriate arrangements
for intergovernmental co-operation, are public purposes of the respective
signatory parties.
(b) The water resources of the basin are subject to
the sovereign right and responsibility of the signatory parties,
and it is the purpose of this compact to provide for a joint exercise
of such powers of sovereignty in the common interests of the people
of the region.
(c) The water resources of the basin are functionally
interrelated, and the uses of these resources are interdependent.
A single administrative agency is therefore essential for effective
and economical direction, supervision and co-ordination of efforts
and programs of Federal, State and local governments and of private
enterprise.
(d) The water resources of the Delaware River Basin,
if properly planned and utilized, are ample to meet all presently
projected demands, including existing and added diversions in future
years; and ever-increasing economies and efficiencies in the
use and reuse of water resources can be brought about by comprehensive
planning, programming and management.
(e) In general, the purposes of this compact are to
promote interstate comity; to remove causes of present and future
controversy; to make secure and protect present developments within
the States; to encourage and provide for the planning, conservation,
utilization, development, management and control of the water resources
of the basin; to provide for co-operative planning and action by
the signatory parties with respect to such water resources; and to
apply the principle of equal and uniform treatment to all water users who
are similarly situated and to all users of related facilities, without
regard to established political boundaries.
L.1961, c. 13, p. 46, s. 1.3.
Nothing in this compact shall be construed to relinquish the functions,
powers or duties of the Congress of the United States with respect to the
control of any navigable waters within the basin, nor shall any provision
hereof be construed in derogation of any of the constitutional powers of
the Congress to regulate commerce among the States and with foreign nations.
The power and right of the Congress to withdraw the Federal Government
as a party to this compact or to revise or modify the terms, conditions
and provisions under which it may remain a party by amendment, repeal or
modification of any Federal statute applicable thereto is recognized by
the signatory parties.
L.1961, c. 13, p. 47, s. 1.4.
It is the purpose of the signatory parties to preserve and utilize the
functions, powers and duties of existing offices and agencies of government
to the extent not inconsistent with this compact, and the commission is
authorized and directed to utilize and employ such offices and agencies
for the purpose of this compact to the fullest extent it finds feasible
and advantageous.
L.1961, c. 13, p. 47, s. 1.5.
(a) The duration of this compact shall be for an initial period of 100
years from its effective date, and it shall be continued for additional
periods of 100 years if not later than 20 years nor sooner than 25
years prior to the termination of the initial period or any succeeding
period none of the signatory States, by authority of an act of its
Legislature, notifies the commission of intention to terminate the
compact at the end of the then current 100-year period.
(b) In the event that this compact should be terminated
by operation of paragraph (a) above, the commission shall be dissolved,
its assets and liabilities transferred, and its corporate affairs wound
up, in such manner as may be provided by act of the Congress.
L.1961, c. 13, p. 47, s. 1.6.
The Delaware River Basin Commission is hereby created as a body politic
and corporate, with succession for the duration of this compact,
as an agency and instrumentality of the governments of the respective
signatory parties.
L.1961, c. 13, p. 48, s. 2.1.
The commission shall consist of the Governors of the signatory States,
ex officio, and 1 commissioner to be appointed by the President of the
United States to serve during the term of office of the President.
L.1961, c. 13, p. 48, s. 2.2.
Each member of the commission shall appoint an alternate to act in his
place and stead, with authority to attend all meetings of the commission,
and with power to vote in the absence of the member. Unless
otherwise provided by law of the signatory party for which he is
appointed, each alternate shall serve during the term of the member
appointing him, subject to removal at the pleasure of the member.
In the event of a vacancy in the office of alternate, it shall be filled
in the same manner as an original appointment for the unexpired term only.
L.1961, c. 13, p. 48, s. 2.3.
Members of the commission and alternates shall serve without compensation
but may be reimbursed for necessary expenses incurred in and incident to
the performance of their duties.
L.1961, c. 13, p. 49, s. 2.4.
Each member shall be entitled to 1 vote on all matters which may come before
the commission. No action of the commission shall be taken at any
meeting unless a majority of the membership shall vote in favor thereof.
L.1961, c. 13, p. 49, s. 2.5.
The commission shall provide for its own organization and procedure, and
shall adopt rules and regulations governing its meetings and transactions.
It shall organize annually by the election of a chairman and vice-chairman
from among its members. It shall provide by its rules for the appointment
by each member in his discretion of an advisor to serve without compensation,
who may attend all meetings of the commission and its committees.
L.1961, c. 13, p. 49, s. 2.6.
The commission shall have, exercise and discharge its functions, powers
and duties within the limits of the basin, except that it may in
its discretion act outside the basin whenever such action may be
necessary or convenient to effectuate its powers or duties within
the basin, or to sell or dispose of water, hydroelectric power or
other water resources within or without the basin. The commission
shall exercise such power outside the basin only upon the consent
of the State in which it proposes to act.
L.1961, c. 13, p. 49, s. 2.7.
The commission shall develop and effectuate plans, policies and projects
relating to the water resources of the basin. It shall adopt and
promote uniform and co-ordinated policies for water conservation, control,
use and management in the basin. It shall encourage the planning,
development and financing of water resources projects according to such
plans and policies.
L.1961, c. 13, p. 49, s. 3.1.
The commission shall, in accordance with Article 13 of this compact, formulate
and adopt:
(a) A comprehensive plan, after consultation with water
users and interested public bodies, for the immediate and long range
development and uses of the water resources of the basin;
(b) A water resources program, based upon the comprehensive
plan, which shall include a systematic presentation of the quantity and
quality of water resources needs of the area to be served for such reasonably
foreseeable period as the commission may determine, balanced by existing
and proposed projects required to satisfy such needs, including all
public and private projects affecting the basin, together with a
separate statement of the projects proposed to be undertaken by the
commission during such period; and
(c) An annual current expense budget, and an annual
capital budget consistent with the water resources program covering the
commission's projects and facilities for the budget period.
L.1961, c. 13, p. 50, s. 3.2.
The commission shall have the power from time to time as need appears,
in accordance with the doctrine of equitable apportionment, to allocate
the waters of the basin to and among the States signatory to this
compact and to and among their respective political subdivisions,
and to impose conditions, obligations and release requirements related
thereto, subject to the following limitations:
(a) The commission, without the unanimous consent of
the parties to the United States Supreme Court decree in New Jersey v.
New York, 347 U.S. 995 (1954), shall not impair, diminish or otherwise
adversely affect the diversions, compensating releases, rights, conditions,
obligations, and provisions for the administration thereof as provided
in said decree; provided, however, that after consultation with the river
master under said decree the commission may find and declare a state of
emergency resulting from a drought or catastrophe and it may thereupon
by unanimous consent of its members authorize and direct an increase or
decrease in any allocation or diversion permitted or releases required
by the decree, in such manner and for such limited time as may be necessary
to meet such an emergency condition.
(b) No allocation of waters hereafter made pursuant
to this section shall constitute a prior appropriation of the waters of
the basin or confer any superiority of right in respect to the use of those
waters, nor shall any such action be deemed to constitute an apportionment
of the waters of the basin among the parties hereto; provided that
this paragraph shall not be deemed to limit or restrict the power of the
commission to enter into covenants with respect to water supply, with a
duration not exceeding the life of this compact, as it may deem necessary
for the benefit or development of the water resources of the basin.
(c) Any proper party deeming itself aggrieved by action
of the commission with respect to an out-of-basin diversion or compensating
releases in connection therewith, notwithstanding the powers delegated
to the commission by this compact may invoke the original jurisdiction
of the United States Supreme Court within 1 year after such action
for an adjudication and determination thereof de novo. Any
other action of the commission pursuant to this section shall be
subject to judicial review in any court of competent jurisdiction.
L.1961, c. 13, p. 50, s. 3.3.
Each of the signatory States and their respective political subdivisions,
in consideration of like action by the others, and in recognition
of reciprocal benefits, hereby waives and relinquishes for the duration
of this compact any right, privilege or power it may have to apply
for any modification of the terms of the decree of the United States
Supreme Court in New Jersey v. New York, 347 U.S. 995 (1954) which
would increase or decrease the diversions authorized or increase
or decrease the releases required thereunder, except that a proceeding
to modify such decree to increase diversions or compensating releases
in connection with such increased diversions may be prosecuted by a
proper party to effectuate rights, powers, duties and obligations under
section 3.3 of this compact, and except as may be required to effectuate
the provisions of paragraphs III B 3 and V B of said decree.
L.1961, c. 13, p. 51, s. 3.4.
Except as specifically provided in sections 3.3 and 3.4 of this article,
nothing in this compact shall be construed in any way to impair, diminish
or otherwise adversely affect the rights, powers, privileges, conditions
and obligations contained in the decree of the United States Supreme Court
in New Jersey v. New York, 347 U.S. 995 (1954). To this end, and
without limitation thereto, the commission shall not:
(a) Acquire, construct or operate any project or facility
or make any order or take any action which would impede or interfere
with the rights, powers, privileges, conditions or obligations contained
in said decree;
(b) Impose or collect any fee, charge or assessment
with respect to diversions of waters of the basin permitted by said decree;
(c) Exercise any jurisdiction, except upon consent of
all the parties to said decree, over the planning, design, construction,
operation or control of any projects, structures or facilities constructed
or used in connection with withdrawals, diversions and releases of waters
of the basin authorized by said decree or of the withdrawals, diversions
or releases to be made thereunder; or
(d) Serve as river master under said decree, except
upon consent of all the parties thereto.
L.1961, c. 13, p. 52, s. 3.5.
The commission may:
(a) Plan, design, acquire, construct, reconstruct, complete,
own, improve, extend, develop, operate and maintain any and all projects,
facilities, properties, activities and services, determined by the commission
to be necessary, convenient or useful for the purposes of this compact;
(b) Establish standards of planning, design and operation
of all projects and facilities in the basin which affect its water resources,
including without limitation thereto water and waste treatment plants,
stream and lake recreational facilities, trunk mains for water distribution,
local flood protection works, small watershed management programs, and
ground water recharging operations;
(c) Conduct and sponsor research on water resources,
their planning, use, conservation, management, development, control and
protection, and the capacity, adaptability and best utility of each facility
thereof, and collect, compile, correlate, analyze, report and interpret
data on water resources and uses in the basin, including without limitation
thereto the relation of water to other resources, industrial water technology,
ground water movement, relation between water price and water demand, and
general hydrological conditions;
(d) Compile and co-ordinate systematic stream stage
and ground water level forecasting data, and publicize such information
when and as needed for water uses, flood warning, quality maintenance or
other purposes;
(e) Conduct such special ground water investigations,
tests, and operations and compile such data relating thereto as may
be required to formulate and administer the comprehensive plan;
(f) Prepare, publish and disseminate information and
reports with respect to the water problems of the basin and for the
presentation of the needs, resources and policies of the basin to executive
and legislative branches of the signatory parties;
(g) Negotiate for such loans, grants, services or other
aids as may be lawfully available from public or private sources to finance
or assist in effectuating any of the purposes of this compact; and
to receive and accept such aid upon such terms and conditions, and subject
to such provisions for repayment as may be required by Federal or State
law or as the commission may deem necessary or desirable;
(h) Exercise such other and different powers as may
be delegated to it by this compact or otherwise pursuant to law, and have
and exercise all powers necessary or convenient to carry out its express
powers or which may be reasonably implied therefrom.
L.1961, c. 13, p. 53, s. 3.6.
The commission may from time to time after public notice and hearing fix,
alter and revise rates, rentals, charges and tolls and classifications
thereof, for the use of facilities which it may own or operate and
for products and services rendered thereby, without regulation or
control by any department, office or agency of any signatory party.
L.1961, c. 13, p. 54, s. 3.7.
No project having a substantial effect on the water resources of the basin
shall hereafter be undertaken by any person, corporation or governmental
authority unless it shall have been first submitted to and approved by
the commission, subject to the provisions of sections 3.3 and 3.5.
The commission shall approve a project whenever it finds and determines
that such project would not substantially impair or conflict with the comprehensive
plan and may modify and approve as modified, or may disapprove any such
project whenever it finds and determines that the project would substantially
impair or conflict with such plan. The commission shall provide by
regulation for the procedure of submission, review and consideration of
projects, and for its determinations pursuant to this section.
Any determination of the commission hereunder shall be subject to
judicial review in any court of competent jurisdiction.
L.1961, c. 13, p. 54, s. 3.8.
The commission shall promote and aid the co-ordination of the activities
and programs of Federal, State, municipal and private agencies concerned
with water resources administration in the basin. To this end,
but without limitation thereto, the commission may:
(a) Advise, consult, contract, financially assist, or
otherwise co-operate with any and all such agencies;
(b) Employ any other agency or instrumentality of any
of the signatory parties or of any political subdivision thereof, in the
design, construction, operation and maintenance of structures, and the
installation and management of river control systems, or for any
other purpose;
(c) Develop and adopt plans and specifications for particular
water resources projects and facilities which so far as consistent with
the comprehensive plan incorporate any separate plans of other public and
private organizations operating in the basin, and permit the decentralized
administration thereof;
(d) Qualify as a sponsoring agency under any Federal
legislation heretofore or hereafter enacted to provide financial
or other assistance for the planning, conservation, utilization,
development, management or control of water resources.
L.1961, c. 13, p. 55, s. 3.9.
The commission may constitute and empower advisory committees, which may
be comprised of representatives of the public and of Federal, State,
county and municipal governments, water resources agencies, water-using
industries, water-interest groups, labor and agriculture.
L.1961, c. 13, p. 55, s. 3.10.
The commission shall have power to develop, implement and effectuate plans
and projects for the use of the waters of the basin for domestic, municipal,
agricultural and industrial water supply. To this end, without limitation
thereto, it may provide for, construct, acquire, operate and maintain dams,
reservoirs and other facilities for utilization of surface and ground water
resources, and all related structures, appurtenances and equipment on the
river and its tributaries and at such off-river sites as it may find
appropriate, and may regulate and control the use thereof.
L.1961, c. 13, p. 55, s. 4.1.
(a) The commission shall have power to acquire, operate and control projects
and facilities for the storage and release of waters, for the regulation
of flows and supplies of surface and ground waters of the basin,
for the protection of public health, stream quality control, economic
development, improvement of fisheries, recreation, dilution and abatement
of pollution, the prevention of undue salinity and other purposes.
(b) No signatory party shall permit any augmentation
of flow to be diminished by the diversion of any water of the basin during
any period in which waters are being released from storage under the direction
of the commission for the purpose of augmenting such flow, except in cases
where such diversion is duly authorized by this compact, or by the commission
pursuant thereto, or by the judgment, order or decree of a court of competent
jurisdiction.
L.1961, c. 13, p. 56, s. 4.2.
The commission may undertake to provide stream regulation in the main stream
or any tributary in the basin and may assess on an annual basis or otherwise
the cost thereof upon water users or any classification of them specially
benefited thereby to a measurable extent, provided that no such assessment
shall exceed the actual benefit to any water user. Any such assessment
shall follow the procedure prescribed by law for local improvement
assessments and shall be subject to judicial review in any court
of competent jurisdiction.
L.1961, c. 13, p. 56, s. 4.3.
Prior to entering upon the execution of any project authorized by this
article, the commission shall review and consider all existing rights,
plans and programs of the signatory parties, their political subdivisions,
private parties, and water users which are pertinent to such project, and
shall hold a public hearing on each proposed project.
L.1961, c. 13, p. 57, s. 4.4.
In connection with any project authorized by this article, the commission
shall have power to provide storage, treatment, pumping and transmission
facilities, but nothing herein shall be construed to authorize the commission
to engage in the business of distributing water.
L.1961, c. 13, p. 57, s. 4.5.
The commission may undertake investigations and surveys, and acquire, construct,
operate and maintain projects and facilities to control potential pollution
and abate or dilute existing pollution of the water resources of the basin.
It may invoke as complainant the power and jurisdiction of water pollution
abatement agencies of the signatory parties.
L.1961, c. 13, p. 57, s. 5.1.
The commission may assume jurisdiction to control future pollution and
abate existing pollution in the waters of the basin, whenever it
determines after investigation and public hearing upon due notice
that the effectuation of the comprehensive plan so requires.
The standard of such control shall be that pollution by sewage or
industrial or other waste originating within a signatory state shall
not injuriously affect waters of the basin as contemplated by the
comprehensive plan. The commission, after such public hearing may
classify the waters of the basin and establish standards of treatment
of sewage, industrial or other waste, according to such classes including
allowance for the variable factors of surface and ground waters,
such as size of the stream, flow, movement, location, character,
self-purification, and usage of the waters affected. After
such investigation, notice and hearing the commission may adopt and
from time to time amend and repeal rules, regulations and standards
to control such future pollution and abate existing pollution, and to require
such treatment of sewage, industrial or other waste within a time reasonable
for the construction of the necessary works as may be required to protect
the public health or to preserve the waters of the basin for uses in accordance
with the comprehensive plan.
L.1961, c. 13, p. 57, s. 5.2.
Each of the signatory parties covenants and agrees to prohibit and control
pollution of the waters of the basin according to the requirements of this
compact and to co-operate faithfully in the control of future pollution
in and abatement of existing pollution from the rivers, streams, and waters
in the basin which flow through, under, into or border upon any of such
signatory States, and in order to effect such object, agrees to enact any
necessary legislation to enable each such party to place and maintain the
waters of said basin in a satisfactory condition, available for safe and
satisfactory use as public and industrial water supplies after reasonable
treatment, suitable for recreational usage, capable of maintaining fish
and other aquatic life, free from unsightly or malodorous nuisances due
to floating solids or sludge deposits and adaptable to such other uses
as may be provided by the comprehensive plan.
L.1961, c. 13, p. 58, s. 5.3.
The commission may, after investigation and hearing, issue an order or
orders upon any person or public or private corporation, or other entity,
to cease the discharge of sewage, industrial or other waste into waters
of the basin which it determines to be in violation of such rules and regulations
as it shall have adopted for the prevention and abatement of pollution.
Any such order or orders may prescribe the date, including a reasonable
time for the construction of any necessary works, on or before which such
discharge shall be wholly or partially discontinued, modified or
treated, or otherwise conformed to the requirements of such rules
and regulations. Such order shall be reviewable in any court of competent
jurisdiction. The courts of the signatory parties shall have
jurisdiction to enforce against any person, public or private corporation,
or other entity, any and all provisions of this article or of any
such order. The commission may bring an action in its own name in
any such court of competent jurisdiction to compel compliance with
any provision of this article, or any rule or regulation issued pursuant
thereto or of any such order, according to the practice and procedure
of the court.
L.1961, c. 13, p. 58, s. 5.4.
Nothing in this compact shall be construed to repeal, modify or qualify
the authority of any signatory party to enact any legislation or
enforce any additional conditions and restrictions to lessen or prevent
the pollution of waters within its jurisdiction.
L.1961, c. 13, p. 59, s. 5.5.
The commission may plan, design, construct and operate and maintain projects
and facilities, as it may deem necessary or desirable for flood damage
reduction. It shall have power to operate such facilities and to
store and release waters on the Delaware river and its tributaries
and elsewhere within the basin, in such manner, at such times, and
under such regulations as the commission may deem appropriate to
meet flood conditions as they may arise.
L.1961, c. 13, p. 59, s. 6.1.
(a) The commission shall have power to adopt, amend and repeal recommended
standards, in the manner provided by this section, relating to the nature
and extent of the uses of land in areas subject to flooding by waters of
the Delaware river and its tributaries. Such standards shall not
be deemed to impair or restrict the power of the signatory parties or their
political subdivisions to adopt zoning and other land use regulations not
inconsistent therewith.
(b) The commission may study and determine the nature
and extent of the flood plains of the Delaware river and its tributaries.
Upon the basis of such studies, it may establish encroachment lines
and delineate the areas subject to flood, including a classification
of lands with reference to relative risk of flood and the establishment
of standards for flood plain use which will safeguard the public
health, safety and property. Prior to the adoption of any standards
delineating such area or defining such use, the commission shall hold
public hearings, in the manner provided by article 14, with respect to
the substance of such standards. At or before such public hearings
the proposed standards shall be available, and all interested persons
shall be given an opportunity to be heard thereon at the hearing.
Upon the adoption and promulgation of such standards, the commission
may enter into agreements to provide technical and financial aid
to any municipal corporation for the administration and enforcement
of any local land use ordinances or regulations giving effect to
such standards.
L.1961, c. 13, p. 60, s. 6.2.
The commission shall have power to acquire the fee or any lesser interest
in lands and improvements thereon within the area of a flood plain
for the purpose of restricting the use of such property so as to
minimize the flood hazard, converting property to uses appropriate
to flood plain conditions, or preventing unwarranted constrictions that
reduce the ability of the river channel to carry flood water. Any
such action shall be in accord with the standards adopted and promulgated
pursuant to section 6.2.
L.1961, c. 13, p. 60, s. 6.3.
The commission may cause lands particularly subject to flood to be posted
with flood hazard warnings, and may from time to time cause flood advisory
notices to be published and circulated as conditions may warrant.
L.1961, c. 13, p. 61, s. 6.4.
The commission shall promote sound practices of watershed management in
the basin, including projects and facilities to retard runoff and
waterflow and prevent soil erosion.
L.1961, c. 13, p. 61, s. 7.1.
The commission may acquire, sponsor or operate facilities and projects
to encourage soil conservation, prevent and control erosion, and to promote
land reclamation and sound forestry practices.
L.1961, c. 13, p. 61, s. 7.2.
The commission may acquire, sponsor or operate projects and facilities
for the maintenance and improvement of fish and wildlife habitats related
to the water resources of the basin.
L.1961, c. 13, p. 61, s. 7.3.
(a) The commission shall co-operate with the appropriate agencies of the
signatory parties and with other public and private agencies in the planning
and effectuation of a co-ordinated program of facilities and projects authorized
by this article.
(b) The commission shall not operate any such project
or facility unless it has first found and determined that no other
suitable unit or agency of government is available to operate the same
upon reasonable conditions, in accordance with the intent and purpose expressed
in section 1.5 of this compact.
L.1961, c. 13, p. 61, s. 7.4.
The commission shall provide for the development of water related public
sports and recreational facilities. The commission on its own account
or in cooperation with a signatory party, political subdivision or any
agency thereof may provide for the construction, maintenance and
administration of such facilities, subject to the provisions of section
8.2 hereof.
L.1961, c. 13, p. 62, s. 8.1.
(a) The commission shall co-operate with the appropriate agencies of the
signatory parties and with other public and private agencies in the planning
and effectuation of a co-ordinated program of facilities and projects authorized
by this article.
(b) The commission shall not operate any such project
or facility unless it has first found and determined that no other
suitable unit or agency of government is available to operate the same
upon reasonable conditions, in accordance with the intent and purpose expressed
in section 1.5 of this compact.
L.1961, c. 13, p. 62, s. 8.2.
The commission, within limits prescribed by this article, shall:
(a) Encourage activities of other public agencies having
water related recreational interests and assist in the co-ordination thereof;
(b) Recommend standards for the development and administration
of water related recreational facilities;
(c) Provide for the administration, operation and maintenance
of recreational facilities owned or controlled by the commission and for
the letting and supervision of private concessions in accordance with this
article.
L.1961, c. 13, p. 62, s. 8.3.
The commission shall after notice and public hearing provide by regulation
for the award of contracts for private concessions in connection with recreational
facilities, including any renewal or extension thereof, upon sealed competitive
bids after public advertisement therefor.
L.1961, c. 13, p. 62, s. 8.4.
The waters of the Delaware river and its tributaries may be impounded and
used by or under authority of the commission for the generation of hydroelectric
power and hydroelectric energy, in accordance with the comprehensive plan.
L.1961, c. 13, p. 63, s. 9.1.
The commission may develop and operate, or authorize to be developed and
operated, dams and related facilities and appurtenances for the purpose
of generating hydroelectric power and hydroelectric energy.
L.1961, c. 13, p. 63, s. 9.2.
The commission may provide facilities for the transmission of hydroelectric
power and hydroelectric energy produced by it where such facilities are
not otherwise available upon reasonable terms, for the purpose of
wholesale marketing of power and nothing herein shall be construed
to authorize the commission to engage in the business of direct sale
to consumers.
L.1961, c. 13, p. 63, s. 9.3.
The commission may after public notice and hearing enter into contracts
on reasonable terms, consideration and duration under which public utilities
or public agencies may develop hydroelectric power and hydroelectric energy
through the use of dams, related facilities and other appurtenances.
L.1961, c. 13, p. 63, s. 9.4.
Rates and charges fixed by the commission for power which is produced by
its facilities shall be reasonable, nondiscriminatory, and just.
L.1961, c. 13, p. 63, s. 9.5.
The commission may regulate and control withdrawals and diversions from
surface waters and ground waters of the basin, as provided by this article.
The commission may enter into agreements with the signatory parties relating
to the exercise of such power of regulation or control and may delegate
to any of them such powers of the commission as it may deem necessary or
desirable.
L.1961, c. 13, p. 64, s. 10.1.
The commission may from time to time after public hearing upon due notice
determine and delineate such areas within the basin wherein the demands
upon supply made by water users have developed or threaten to develop to
such a degree as to create a water shortage or to impair or conflict with
the requirements or effectuation of the comprehensive plan, and any such
areas may be designated as "protected areas."
The commission, whenever it determines that such shortage no longer exists,
shall terminate the protected status of such area and shall give public
notice of such termination.
L.1961, c. 13, p. 64, s. 10.2.
In any protected areas so determined and delineated, no person, firm, corporation
or other entity shall divert or withdraw water for domestic, municipal,
agricultural or industrial uses in excess of such quantities as the commission
may prescribe by general regulation, except (i) pursuant to a permit
granted under this article, or (ii) pursuant to a permit or approval heretofore
granted under the laws of any of the signatory States.
L.1961, c. 13, p. 64, s. 10.3.
In the event of a drought or other condition which may cause an actual
and immediate shortage of available water supply within the basin, or within
any part thereof, the commission may, after public hearing, determine and
delineate the area of such shortage and declare a water supply emergency
therein. For the duration of such emergency as determined by
the commission no person, firm, corporation or other public or private
entity shall divert or withdraw water for any purpose, in excess
of such quantities as the commission may prescribe by general regulation
or authorize by special permit granted hereunder.
L.1961, c. 13, p. 64, s. 10.4.
Permits shall be granted, modified or denied as the case may be so as to
avoid such depletion of the natural stream flows and ground waters in the
protected area or in an emergency area as will adversely affect the comprehensive
plan or the just and equitable interests and rights of other lawful users
of the same source, giving due regard to the need to balance and reconcile
alternative and conflicting uses in the event of an actual or threatened
shortage of water of the quality required.
L.1961, c. 13, p. 65, s. 10.5.
The determinations and delineations of the commission pursuant to section
10.2 and the granting, modification or denial of permits pursuant to section
10.3 through 10.5 shall be subject to judicial review in any court of competent
jurisdiction.
L.1961, c. 13, p. 65, s. 10.6.
Each State shall provide for the maintenance and preservation of such records
of authorized diversions and withdrawals and the annual volume thereof
as the commission shall prescribe. Such records and supplementary
reports shall be furnished to the commission at its request.
L.1961, c. 13, p. 65, s. 10.7.
Whenever the commission finds it necessary or desirable to exercise the
powers conferred by this article any diversion or withdrawal permits authorized
or issued under the laws of any of the signatory States shall be superseded
to the extent of any conflict with the control and regulation exercised
by the commission.
L.1961, c. 13, p. 65, s. 10.8.
For the purposes of avoiding conflicts of jurisdiction and of giving full
effect to the commission as a regional agency of the signatory parties,
the following rules shall govern Federal projects affecting the water resources
of the basin, subject in each case to the provisions of section 1.4 of
this compact:
(a) The planning of all projects related to powers delegated
to the commission by this compact shall be undertaken in consultation with
the commission;
(b) No expenditure or commitment shall be made for or
on account of the construction, acquisition or operation of any project
or facility nor shall it be deemed authorized, unless it shall have first
been included by the commission in the comprehensive plan;
(c) Each Federal agency otherwise authorized by law
to plan, design, construct, operate or maintain any project or facility
in or for the basin shall continue to have, exercise and discharge such
authority except as specifically provided by this section.
L.1961, c. 13, p. 66, s. 11.1.
For the purpose of avoiding conflicts of jurisdiction and of giving full
effect to the commission as a regional agency of the signatory parties,
the following rules shall govern projects of the signatory States, their
political subdivisions and public corporations affecting water resources
of the basin:
(a) The planning of all projects related to powers delegated
to the commission by this compact shall be undertaken in consultation with
the commission;
(b) No expenditure or commitment shall be made for or
on account of the construction, acquisition or operation of any project
or facility unless it shall have first been included by the commission
in the comprehensive plan;
(c) Each State and local agency otherwise authorized
by law to plan, design, construct, operate or maintain any project
or facility in or for the basin shall continue to have, exercise
and discharge such authority, except as specifically provided by
this section.
L.1961, c. 13, p. 66, s. 11.2.
Each of the signatory parties reserves the right to levy, assess and collect
fees, charges and taxes on or measured by the withdrawal or diversion of
waters of the basin for use within the jurisdictions of the respective
signatory parties.
L.1961, c. 13, p. 67, s. 11.3.
The commission shall establish uniform standards and procedures for the
evaluation, determination of benefits, and cost allocations of projects
affecting the basin, and for the determination of project priorities, pursuant
to the requirements of the comprehensive plan and its water resources program.
The commission shall develop equitable cost sharing and reimbursement formulas
for the signatory parties including:
(a) Uniform and consistent procedures for the allocation
of project costs among purposes included in multiple-purpose programs;
(b) Contracts and arrangements for sharing financial
responsibility among and with signatory parties, public bodies, groups
and private enterprise, and for the supervision of their performance;
(c) Establishment and supervision of a system of accounts
for reimbursable purposes and directing the payments and charges to be
made from such accounts;
(d) Determining the basis and apportioning amounts (i)
of reimbursable revenues to be paid signatory parties or their political
subdivisions, and (ii) of payments in lieu of taxes to any of them.
L.1961, c. 13, p. 67, s. 11.4.
The commission shall furnish technical services, advice and consultation
to authorized agencies of the signatory parties with respect to the
water resources of the basin, and each of the signatory parties pledges
itself to provide technical and administrative services to the commission
upon request, within the limits of available appropriations and to co-operate
generally with the commission for the purposes of this compact, and the
cost of such services may be reimbursable whenever the parties deem appropriate.
L.1961, c. 13, p. 68, s. 11.5.
The commission may borrow money for any of the purposes of this compact,
and may issue its negotiable bonds and other evidences of indebtedness
in respect thereto. All such bonds and evidences of indebtedness
shall be payable solely out of the properties and revenues of the
commission without recourse to taxation. The bonds and other
obligations of the commission, except as may be otherwise provided
in the indenture under which they were issued, shall be direct and
general obligations of the commission and the full faith and credit
of the commission are hereby pledged for the prompt payment of the debt
service thereon and for the fulfillment of all other undertakings
of the commission assumed by it to or for the benefit of the holders
thereof.
L.1961, c. 13, p. 68, s. 12.1.
The purposes of this compact shall include without limitation thereto all
costs of any project or facility or any part thereof, including interest
during a period of construction and a reasonable time thereafter
and any incidental expenses (legal, engineering, fiscal, financial
consultant and other expenses) connected with issuing and disposing
of the bonds; all amounts required for the creation of an operating
fund, construction fund, reserve fund, sinking fund, or other special
fund; all other expenses connected with the planning, design,
acquisition, construction, completion, improvement or reconstruction of
any facility or any part thereof; and reimbursement of advances by
the commission or by others for such purposes and for working capital.
L.1961, c. 13, p. 68, s. 12.2.
The commission shall have no power to pledge the credit of any signatory
party, or of any county or municipality, or to impose any obligation for
payment of the bonds upon any signatory party or any county or municipality.
Neither the commissioners nor any person executing the bonds shall be liable
personally on the bonds of the commission or be subject to any personal
liability or accountability by reason of the issuance thereof.
L.1961, c. 13, p. 69, s. 12.3.
Whenever the commission deems it expedient, it may fund and refund its
bonds and other obligations whether or not such bonds and obligations
have matured. It may provide for the issuance, sale or exchange
of refunding bonds for the purpose of redeeming or retiring any bonds
(including the payment of any premium, duplicate interest or cash
adjustment required in connection therewith) issued by the commission
or issued by any other issuing body, the proceeds of the sale of
which have been applied to any facility acquired by the commission
or which are payable out of the revenues of any facility acquired by
the commission. Bonds may be issued partly to refund bonds and other
obligations then outstanding, and partly for any other purpose of the
commission. All provisions of this compact applicable to the issuance
of bonds are applicable to refunding bonds and to the issuance, sale
or exchange thereof.
L.1961, c. 13, p. 69, s. 12.4.
Bonds and other indebtedness of the commission shall be authorized by resolution
of the commission. The validity of the authorization and issuance
of any bonds by the commission shall not be dependent upon nor affected
in any way by: (i) the disposition of bond proceeds by the commission
or by contract, commitment or action taken with respect to such proceeds;
or (ii) the failure to complete any part of the project for which
bonds are authorized to be issued. The commission may issue
bonds in 1 or more series and may provide for 1 or more consolidated
bond issues, in such principal amounts and with such terms and provisions
as the commission may deem necessary. The bonds may be secured
by a pledge of all or any part of the property, revenues and franchises
under its control. Bonds may be issued by the commission in such
amount, with such maturities and in such denominations and form or
forms, whether coupon or registered, as to both principal and interest,
as may be determined by the commission. The commission may
provide for redemption of bonds prior to maturity on such notice
and at such time or times and with such redemption provisions, including
premiums, as the commission may determine.
L.1961, c. 13, p. 69, s. 12.5.
The commission may determine and enter into indentures providing for the
principal amount, date or dates, maturities, interest rate, denominations,
form, registration, transfer, interchange and other provisions of the bonds
and coupons and the terms and conditions upon which the same shall
be executed, issued, secured, sold, paid, redeemed, funded and refunded.
The resolution of the commission authorizing any bond or any indenture
so authorized under which the bonds are issued may include all such
covenants and other provisions other than any restriction on the
regulatory powers vested in the commission by this compact as the
commission may deem necessary or desirable for the issue, payment,
security, protection or marketing of the bonds, including without
limitation covenants and other provisions as to the rates or amounts of
fees, rents and other charges to be charged or made for use of the
facilities; the use, pledge, custody, securing, application
and disposition of such revenues, of the proceeds of the bonds, and
of any other moneys of the commission; the operation, maintenance,
repair and reconstruction of the facilities and the amounts which
may be expended therefor; the sale, lease or other disposition
of the facilities; the insuring of the facilities and of the revenues
derived therefrom; the construction or other acquisition of other
facilities; the issuance of additional bonds or other indebtedness;
the rights of the bondholders and of any trustee for the bondholders upon
default by the commission or otherwise; and the modification of the provisions
of the indenture and of the bonds. Reference on the face of the bonds to
such resolution or indenture by its date of adoption or the apparent date
on the face thereof is sufficient to incorporate all of the provisions
thereof and of this compact into the body of the bonds and their
appurtenant coupons. Each taker and subsequent holder of the bonds
or coupons, whether the coupons are attached to or detached from
the bonds, has recourse to all of the provisions of the indenture
and of this compact and is bound thereby.
L.1961, c. 13, p. 70, s. 12.6.
No bond by its terms shall mature in more than 50 years from its own date
and in the event any authorized issue is divided into 2 or more series
or divisions, the maximum maturity date hereby authorized shall be calculated
from the date on the face of each bond separately, irrespective of
the fact that different dates may be prescribed for the bonds of
each separate series or division of any authorized issue.
L.1961, c. 13, p. 71, s. 12.7.
All bonds issued by the commission under the provisions of this compact
and the interest thereof shall at all times be free and exempt from
all taxation by or under authority of any of the signatory parties,
except for transfer, inheritance and estate taxes.
L.1961, c. 13, p. 71, s. 12.8.
Bonds shall bear interest at a rate determined by the commission, payable
annually or semiannually.
L.1961, c. 13, p. 71, s. 12.9. Amended by
L.1970, c. 266, s. 1; L.1983, c. 526, s. 1.
The commission may provide for the payment of the principal and interest
of bonds at any place or places within or without the signatory States,
and in any specified lawful coin or currency of the United States
of America.
L.1961, c. 13, p. 72, s. 12.10.
The commission may provide for the execution and authentication of bonds
by the manual, lithographed or printed facsimile signature of officers
of the commission, and by additional authentication by a trustee or fiscal
agent appointed by the commission. If any of the officers whose signatures
or counter signatures appear upon the bonds or coupons cease to be officers
before the delivery of the bond or coupons, their signatures or counter
signatures are nevertheless valid and of the same force and effect
as if the officers had remained in office until the delivery of the
bonds and coupons.
L.1961, c. 13, p. 72, s. 12.11.
The commission shall have power out of any funds available therefor to
purchase its bonds and may hold, cancel or resell such bonds.
L.1961, c. 13, p. 72, s. 12.12.
The commission may fix terms and conditions for the sale or other disposition
of any authorized issue of bonds. The commission may sell bonds at
less than their par or face value but no issue of bonds may be sold at
an aggregate price below the par or face value thereof if such sale would
result in a net interest cost to the commission calculated upon the entire
issue so sold of more than 6% per annum payable semiannually, according
to standard tables of bond values. All bonds issued and sold for
cash pursuant to this act shall be sold on sealed proposals to the
highest bidder. Prior to such sale, the commission shall advertise
for bids by publication of a notice of sale not less than 10 days
prior to the date of sale, at least once in a newspaper of general
circulation printed and published in New York City carrying municipal
bond notices and devoted primarily to financial news. The commission
may reject any and all bids submitted and may thereafter sell the
bonds so advertised for sale at private sale to any financially responsible
bidder under such terms and conditions as it deems most advantageous
to the public interest, but the bonds shall not be sold at a net
interest cost calculated upon the entire issue so advertised, greater
than the lowest bid which was rejected. In the event the commission
desires to issue its bonds in exchange for an existing facility or
portion thereof, or in exchange for bonds secured by the revenues
of an existing facility, it may exchange such bonds for the existing facility
or portion thereof or for the bonds so secured, plus an additional amount
of cash, without advertising such bonds for sale.
L.1961, c. 13, p. 72, s. 12.13.
All bonds issued under the provisions of this compact are negotiable instruments,
except when registered in the name of a registered owner.
L.1961, c. 13, p. 73, s. 12.14.
Bonds of the commission shall be legal investments for savings banks, fiduciaries
and public funds in each of the signatory States.
L.1961, c. 13, p. 73, s. 12.15.
Prior to the issuance of any bonds, the commission may institute a special
proceeding to determine the legality of proceedings to issue the bonds
and their validity under the laws of any of the signatory parties. Such
proceeding shall be instituted and prosecuted in rem and the judgment rendered
therein shall be conclusive against all persons whomsoever and against
each of the signatory parties.
L.1961, c. 13, p. 73, s. 12.16.
No indenture need be recorded or filed in any public office, other than
the office of the commission. The pledge of revenues provided
in any indenture shall take effect forthwith as provided therein
and irrespective of the date of receipt of such revenues by the commission
or the indenture trustee. Such pledge shall be effective as
provided in the indenture without physical delivery of the revenues
to the commission or to the indenture trustee.
L.1961, c. 13, p. 73, s. 12.17.
Bond redemption and interest payments shall, to the extent provided in
the resolution or indenture, constitute a first, direct and exclusive charge
and lien on all such rates, rents, tolls, fees and charges and other revenues
and interest thereon received from the use and operation of the facility,
and on any sinking or other funds created therefrom. All such rates,
rents, tolls, fees, charges and other revenues, together with interest
thereon, shall constitute a trust fund for the security and payment of
such bonds and except as and to the extent provided in the indenture with
respect to the payment therefrom of expenses for other purposes including
administration, operation, maintenance, improvements or extensions of the
facilities or other purposes shall not be used or pledged for any other
purpose so long as such bonds, or any of them, are outstanding and unpaid.
L.1961, c. 13, p. 74, s. 12.18.
The holder of any bond may for the equal benefit and protection of all
holders of bonds similarly situated: (a) by mandamus or other appropriate
proceedings require and compel the performance of any of the duties imposed
upon the commission or assumed by it, its officers, agents or employees
under the provisions of any indenture, in connection with the acquisition,
construction, operation, maintenance, repair, reconstruction or insurance
of the facilities, or in connection with the collection, deposit, investment,
application and disbursement of the rates, rents, tolls, fees, charges
and other revenues derived from the operation and use of the facilities,
or in connection with the deposit, investment and disbursement of the proceeds
received from the sale of bonds; or (b) by action or suit in a court
of competent jurisdiction of any signatory party require the commission
to account as if it were the trustee of an express trust, or enjoin
any acts or things which may be unlawful or in violation of the rights
of the holders of the bonds. The enumeration of such rights
and remedies does not, however, exclude the exercise or prosecution
of any other rights or remedies available to the holders of bonds.
L.1961, c. 13, p. 74, s. 12.19.
(a) The signatory parties will provide such capital funds required for
projects of the commission as may be authorized by their respective statutes
in accordance with a cost sharing plan prepared pursuant to Article
11 of this compact; but nothing in this section shall be deemed
to impose any mandatory obligation on any of the signatory parties
other than such obligations as may be assumed by a signatory party
in connection with a specific project or facility.
(b) Bonds of the commission, notwithstanding any other
provision of this compact, may be executed and delivered to any duly authorized
agency of any of the signatory parties without public offering and may
be sold and resold with or without the guaranty of such signatory party,
subject to and in accordance with the constitutions of the respective signatory
parties.
(c) The commission may receive and accept, and the signatory
parties may make, loans, grants, appropriations, advances and payments
of reimbursable or nonreimbursable funds or property in any form for the
capital or operating purposes of the commission.
L.1961, c. 13, p. 75, s. 12.20.
The commission shall develop and adopt, and may from time to time review
and revise, a comprehensive plan for the immediate and long range
development and use of the water resources of the basin. The
plan shall include all public and private projects and facilities
which are required, in the judgment of the commission, for the optimum
planning, development, conservation, utilization, management and
control of the water resources of the basin to meet present and future
needs; provided that the plan shall include any projects required
to conform with any present or future decree or judgment of any court
of competent jurisdiction. The commission may adopt a comprehensive
plan or any revision thereof in such part or parts as it may deem
appropriate, provided that before the adoption of the plan or any
part or revision thereof the commission shall consult with water
users and interested public bodies and public utilities and shall
consider and give due regard to the findings and recommendations of the
various agencies of the signatory parties and their political subdivisions.
The commission shall conduct public hearings with respect to the comprehensive
plan prior to the adoption of the plan or any part or revision thereof.
L.1961, c. 13, p. 75, s. 13.1.
The commission shall annually adopt a water resources program, based upon
the comprehensive plan, consisting of the projects and facilities which
the commission proposes to be undertaken by the commission and by other
authorized governmental and private agencies, organizations and persons
during the ensuing 6 years or such other reasonably foreseeable period
as the commission may determine. The water resources program
shall include a systematic presentation of:
(1) the quantity and quality of water resources needs
for such period;
(2) the existing and proposed projects and facilities
required to satisfy such needs, including all public and private projects
to be anticipated;
(3) a separate statement of the projects proposed
to be undertaken by the commission during such period.
L.1961, c. 13, p. 76, s. 13.2.
(a) The commission shall annually adopt a capital budget including all
capital projects it proposes to undertake or continue during the budget
period containing a statement of the estimated cost of each project and
the method of financing thereof.
(b) The commission shall annually adopt a current expense
budget for each fiscal year. Such budget shall include the commission's
estimated expenses for administration, operation, maintenance and
repairs, including a separate statement thereof for each project, together
with its cost allocation. The total of such expenses shall be balanced
by the commission's estimated revenues from all sources, including
the cost allocations undertaken by any of the signatory parties in
connection with any project. Following the adoption of the
annual current expense budget by the commission, the executive director
of the commission shall:
(1) certify to the respective signatory parties the
amounts due in accordance with existing cost sharing established for each
project; and
(2) transmit certified copies of such budget to the
principal budget officer of the respective signatory parties at such
time and in such manner as may be required under their respective
budgetary procedures. The amount required to balance the current
expense budget in addition to the aggregate amount of item (1) above
and all other revenues available to the commission shall be apportioned
equitably among the signatory parties by unanimous vote of the commission,
and the amount of such apportionment to each signatory party shall
be certified together with the budget.
(c) The respective signatory parties covenant and agree
to include the amounts so apportioned for the support of the current expense
budget in their respective budgets next to be adopted, subject to such
review and approval as may be required by their respective budgetary processes.
Such amounts shall be due and payable to the commission in quarterly
installments during its fiscal year, provided that the commission
may draw upon its working capital to finance its current expense
budget pending remittances by the signatory parties.
L.1961, c. 13, p. 77, s. 13.3.
(a) The commission, for the purposes of this compact, may:
(1) Adopt and use a corporate seal, enter into contracts,
sue and be sued in all courts of competent jurisdiction;
(2) Receive and accept such payments, appropriations,
grants, gifts, loans, advances and other funds, properties and services
as may be transferred or made available to it by any signatory party
or by any other public or private corporation or individual, and
enter into agreements to make reimbursement for all or part thereof;
(3) Provide for, acquire and adopt detailed engineering,
administrative, financial and operating plans and specifications to effectuate,
maintain or develop any facility or project;
(4) Control and regulate the use of facilities owned
or operated by the commission;
(5) Acquire, own, operate, maintain, control, sell and
convey real and personal property and any interest therein by contract,
purchase, lease, license, mortgage or otherwise as it may deem necessary
for any project or facility, including any and all appurtenances thereto
necessary, useful or convenient for such ownership, operation, control,
maintenance or conveyance;
(6) Have and exercise all corporate powers essential
to the declared objects and purposes of the commission.
(b) The commissioners, subject to the provisions of
this compact, shall:
(1) Serve as the governing body of the commission,
and exercise and discharge its powers and duties except as otherwise provided
by or pursuant to this compact;
(2) Determine the character of and the necessity for
its obligations and expenditures and the manner in which they shall be
incurred, allowed, and paid subject to any provisions of law specifically
applicable to agencies or instrumentalities created by compact;
(3) Provide for the internal organization and administration
of the commission;
(4) Appoint the principal officers of the commission
and delegate to and allocate among them administrative functions, powers
and duties;
(5) Create and abolish offices, employments and positions
as it deems necessary for the purposes of the commission, and subject to
the provisions of this article, fix and provide for the qualification,
appointment, removal, term, tenure, compensation, pension and retirement
rights of its officers and employees;
(6) Let and execute contracts to carry out the powers
of the commission.
L.1961, c. 13, p. 78, s. 14.1.
The commission may:
(a) Make and enforce reasonable rules and regulations
for the effectuation, application and enforcement of this compact;
and it may adopt and enforce practices and schedules for or in connection
with the use, maintenance and administration of projects and facilities
it may own or operate and any product or service rendered thereby;
provided that any rule or regulation, other than 1 which deals solely
with the internal management of the commission, shall be adopted
only after public hearing and shall not be effective unless and until
filed in accordance with the law of the respective signatory parties applicable
to administrative rules and regulations generally; and
(b) Designate any officer, agent or employee of the
commission to be an investigator or watchman and such person shall be vested
with the powers of a peace officer of the State in which he is duly assigned
to perform his duties.
L.1961, c. 13, p. 79, s. 14.2.
The commission, its property, functions, and activities shall be exempt
from taxation by or under the authority of any of the signatory parties
or any political subdivision thereof; provided that in lieu
of property taxes the commission shall, as to specific projects,
make payments to local taxing districts in annual amounts which shall equal
the taxes lawfully assessed upon property for the tax year next prior to
its acquisition by the commission for a period of 10 years.
The nature and amount of such payments shall be reviewed by the commission
at the end of 10 years, and from time to time thereafter, upon reasonable
notice and opportunity to be heard to the affected taxing district,
and the payments may be thereupon terminated or continued in such
reasonable amount as may be necessary or desirable to take into account
hardships incurred and benefits received by the taxing jurisdiction which
are attributable to the project.
L.1961, c. 13, p. 80, s. 14.3.
(a) All meetings of the commission shall be open to the public.
(b) The commission shall conduct at least 1 public hearing
prior to the adoption of the comprehensive plan, water resources program,
annual capital and current expense budgets, the letting of any contract
for the sale or other disposition by the commission of hydroelectric
energy or water resources to any person, corporation or entity, and
in all other cases wherein this compact requires a public hearing.
Such hearing shall be held upon at least 10 days public notice given
by posting at the offices of the commission. The commission
shall also provide forthwith for distribution of such notice to the
press and by the mailing of a copy thereof to any person who shall request
such notices.
(c) The minutes of the commission shall be a public
record open to inspection at its offices during regular business hours.
L.1961, c. 13, p. 80, s. 14.4.
(a) The officers of the commission shall consist of an executive director
and such additional officers, deputies and assistants as the commission
may determine. The executive director shall be appointed and may
be removed by the affirmative vote of a majority of the full membership
of the commission. All other officers and employees shall be appointed
by the executive director under such rules of procedure as the commission
may determine.
(b) In the appointment and promotion of officers and
employees for the commission, no political, racial, religious or residence
test or qualification shall be permitted or given consideration, but all
such appointments and promotions shall be solely on the basis of merit
and fitness. Any officer or employee of the commission who is found
by the commission to be guilty of a violation of this section shall be
removed from office by the commission.
L.1961, c. 13, p. 81, s. 14.5.
An oath of office in such form as the commission shall prescribe shall
be taken, subscribed and filed with the commission by the executive director
and by each officer appointed by him not later than 15 days after the appointment.
L.1961, c. 13, p. 81, s. 14.6.
Each officer shall give such bond and in such form and amount as the commission
may require for which the commission may pay the premium.
L.1961, c. 13, p. 81, s. 14.7.
(a) No commissioner, officer or employee shall:
(1) be financially interested, either directly or indirectly,
in any contract, sale, purchase, lease or transfer of real or personal
property to which the commission is a party;
(2) solicit or accept money or any other thing of value
in addition to the compensation or expenses paid him by the commission
for services performed within the scope of his official duties;
(3) offer money or any thing of value for or in consideration
of obtaining an appointment, promotion or privilege in his employment with
the commission.
(b) Any officer or employee who shall willfully violate
any of the provisions of this section shall forfeit his office or employment.
(c) Any contract or agreement knowingly made in contravention
of this section is void.
(d) Officers and employees of the commission shall be
subject in addition to the provisions of this section to such criminal
and civil sanctions for misconduct in office as may be imposed by Federal
law and the law of the signatory State in which such misconduct occurs.
L.1961, c. 13, p. 81, s. 14.8.
Contracts for the construction, reconstruction or improvement of any facility
when the expenditure required exceeds $10,000.00 and contracts for the
purchase of services, supplies, equipment and materials when the expenditure
required exceeds $2,500.00 shall be advertised and let upon sealed bids
to the lowest responsible bidder. Notice requesting such bids
shall be published in a manner reasonably likely to attract prospective
bidders, which publication shall be made at least 10 days before
bids are received and in at least 2 newspapers of general circulation
in the basin. The commission may reject any and all bids and readvertise
in its discretion. If after rejecting bids the commission determines
and resolves that in its opinion the supplies, equipment and materials
may be purchased at a lower price in the open market, the commission
may give each responsible bidder an opportunity to negotiate a price
and may proceed to purchase the supplies, equipment and materials in the
open market at a negotiated price which is lower than the lowest
rejected bid of a responsible bidder, without further observance of the
provisions requiring bids or notice. The commission shall adopt
rules and regulations to provide for purchasing from the lowest responsible
bidder when sealed bids, notice and publication are not required
by this section. The commission may suspend and waive the provisions
of this section requiring competitive bids whenever:
(1) the purchase is to be made from or the contract
to be made with the Federal or any State Government or any agency or political
subdivision thereof or pursuant to any open end bulk purchase contract
of any of them;
(2) the public exigency requires the immediate delivery
of the articles or performance of the service;
(3) only 1 source of supply is available;
(4) the equipment to be purchased is of a technical
nature and the procurement thereof without advertising is necessary in
order to assure standardization of equipment and interchangeability of
parts in the public interest; or
(5) services are to be provided of a specialized or
professional nature.
L.1961, c. 13, p. 82, s. 14.9.
The commission may self-insure or purchase insurance and pay the premiums
therefor against loss or damage to any of its properties; against
liability for injury to persons or property; and against loss of
revenue from any cause whatsoever. Such insurance coverage shall
be in such form and amount as the commission may determine, subject to
the requirements of any agreement arising out of the issuance of bonds
by the commission.
L.1961, c. 13, p. 83, s. 14.10.
(a) As soon as practical after the closing of the fiscal year, an audit
shall be made of the financial accounts of the commission. The audit
shall be made by qualified certified public accountants selected by the
commission, who have no personal interest direct or indirect in the financial
affairs of the commission or any of its officers or employees. The report
of audit shall be prepared in accordance with accepted accounting practices
and shall be filed with the chairman and such other officers as the commission
shall direct. Copies of the report shall be distributed to each commissioner
and shall be made available for public distribution.
(b) Each signatory party by its duly authorized officers
shall be entitled to examine and audit at any time all of the books, documents,
records, files and accounts and all other papers, things or property of
the commission. The representatives of the signatory parties shall
have access to all books, documents, records, accounts, reports, files
and all other papers, things or property belonging to or in use by the
commission and necessary to facilitate the audit and they shall be afforded
full facilities for verifying transactions with the balances or securities
held by depositaries, fiscal agents and custodians.
(c) The financial transactions of the commission shall
be subject to audit by the general accounting office in accordance with
the principles and procedures applicable to commercial corporate transactions
and under such rules and regulations as may be prescribed by the
Comptroller General of the United States. The audit shall be
conducted at the place or places where the accounts of the commission
are kept.
(d) Any officer or employee who shall refuse to give
all required assistance and information to the accountants selected
by the commission or to the authorized officers of any signatory
party or who shall refuse to submit to them for examination such
books, documents, records, files, accounts, papers, things or property
as may be requested shall forfeit his office.
L.1961, c. 13, p. 83, s. 14.11.
The commission shall make and publish an annual report to the legislative
bodies of the signatory parties and to the public reporting on its programs,
operations and finances. It may also prepare, publish and distribute
such other public reports and informational materials as it may deem necessary
or desirable.
L.1961, c. 13, p. 84, s. 14.12.
(a) Any or all of the signatory parties or any political subdivision thereof
may:
(1) Appropriate to the commission such funds as may
be necessary to pay preliminary expenses such as the expenses incurred
in the making of borings, and other studies of subsurface conditions, in
the preparation of contracts for the sale of water and in the preparation
of detailed plans and estimates required for the financing of a project;
(2) Advance to the commission, either as grants or loans,
such funds as may be necessary or convenient to finance the operation
and management of or construction by the commission of any facility or
project;
(3) Make payments to the commission for benefits received
or to be received from the operation of any of the projects or facilities
of the commission.
(b) Any funds which may be loaned to the commission
either by a signatory party or a political subdivision thereof shall be
repaid by the commission through the issuance of bonds or out of other
income of the commission, such repayment to be made within such period
and upon such terms as may be agreed upon between the commission and the
signatory party or political subdivision making the loan.
L.1961, c. 13, p. 84, s. 14.13.
(a) The commission shall have the power to acquire by condemnation the
fee or any lesser interest in lands, lands lying under water, development
rights in land, riparian rights, water rights, waters and other real
or personal property within the basin for any project or facility
authorized pursuant to this compact. This grant of power of
eminent domain includes but is not limited to the power to condemn
for the purposes of this compact any property already devoted to
a public use, by whomsoever owned or held, other than property of a
signatory party and any property held, constructed, operated or maintained
in connection with a diversion authorized by a United States Supreme
Court decree. Any condemnation of any property or franchises
owned or used by a municipal or privately owned public utility, unless
the affected public utility facility is to be relocated or replaced,
shall be subject to the authority of such State board, commission or other
body as may have regulatory jurisdiction over such public utility.
(b) Such power of condemnation shall be exercised in
accordance with the provisions of any Federal law applicable to the commission;
provided that if there is no such applicable Federal law, condemnation
proceedings shall be in accordance with the provisions of such general
State condemnation law as may be in force in the signatory State
in which the property is located.
(c) Any award or compensation for the taking of property
pursuant to this article shall be paid by the commission, and none of the
signatory parties nor any other agency, instrumentality or political subdivision
thereof shall be liable for such award or compensation.
L.1961, c. 13, p. 85, s. 14.14.
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