KRS § 182.300 — KY Code / Title XV / Chapter 182 / Section 182.300
182.300 Tennessee-Tombigbee Waterway Development Compact
Status: in_force

182.300 Tennessee-Tombigbee Waterway Development Compact.

The Governor on behalf of the Commonwealth is authorized to execute a compact, in

substantially the following form, with the other states that are parties to the compact; and

the General Assembly, with the provision contained in KRS 182.310, signifies in advance

its approval and ratification of the compact, which is as follows:

ARTICLE I

The purpose of this compact is to promote the development of a navigable

waterway connecting the Tennessee and Tombigbee Rivers by way of the east fork of the

Tombigbee River and Mackeys and Yellow Creeks so as to provide a nine (9) foot

navigable channel from the junction of the Tombigbee and Warrior Rivers at Demopolis

in the State of Alabama to the junction of Yellow Creek with the Tennessee River at

Pickwick Pool in the State of Mississippi, and to establish a joint interstate authority to

assist in these efforts.

ARTICLE II

This compact shall become effective immediately as to the states ratifying it

whenever the States of Alabama and Mississippi have ratified it and Congress has given

consent thereto. Any state not mentioned in this article which is contiguous with any

member state may become a party to this compact, subject to approval by the legislature

of each of the member states.

ARTICLE III

The states which are parties to this compact (hereinafter referred to as "party states")

do hereby establish and create a joint agency which shall be known as the Tennessee-

Tombigbee Waterway Development Authority (hereinafter referred to as the "authority").

The membership of which authority shall consist of the Governor of each party state and

five (5) other citizens of each party state, to be appointed by the Governor thereof. Each

appointive member of the authority shall be a citizen of that state who is interested in the

promotion and development of waterways and water transportation. The appointive

members of the authority shall serve for terms of four (4) years each. Vacancies on the

authority shall be filled by appointment by the Governor for the unexpired portion of the

term. The members of the authority shall not be compensated, but each shall be entitled to

actual expenses incurred in attending meetings, or incurred otherwise in the performance

of his duties as a member of the authority. The members of the authority shall hold

regular quarterly meetings and such special meetings as its business may require. They

shall choose annually a chairman and vice chairman from among their members, and the

chairmanship shall rotate each year among the party states in order of their acceptance of

this compact. The secretary of the authority (hereinafter provided for) shall notify each

member in writing of all meetings of the authority in such a manner and under such rules

and regulations as the authority may prescribe. The authority shall adopt rules and

regulations for the transaction of its business; and the secretary shall keep a record of all

its business, and shall furnish a copy thereof to each member of the authority. It shall be

the duty of the authority, in general, to promote, encourage, and coordinate the efforts of

the party states to secure the development of the Tennessee-Tombigbee Waterway.

Toward this end, the authority shall have power to hold hearings; to conduct studies and

surveys of all problems, benefits, and other matters associated with the development of

the Tennessee-Tombigbee Waterway, and to make reports thereon; to acquire, by gift or

otherwise, and hold and dispose of such money and property as may be provided for the

proper performance of their function; to cooperate with other public or private groups,

whether local, state, regional, or national, having an interest in waterways development;

to formulate and execute plans and policies for emphasizing the purpose of this compact

before the Congress of the United States and other appropriate officers and agencies of

the United States; and to exercise such other powers as may be appropriate to enable it to

accomplish its functions and duties in connection with the development of the Tennessee-

Tombigbee Waterway and to carry out the purposes of this compact.

ARTICLE IV

The authority shall appoint a secretary, who shall be a person familiar with the

nature, procedures, and significance of inland waterways development and the

informational, educational, and publicity methods of stimulating general interest in such

developments, and who shall be the compact administrator. His term of office shall be at

the pleasure of the authority and he shall receive such compensation as the authority shall

prescribe. He shall maintain custody of the authority's books, records, and papers, which

he shall keep at the office of the authority, and he shall perform all functions and duties,

and exercise all powers and authorities, that may be delegated to him by the authority.

ARTICLE V

Each party state agrees that, when authorized by its legislature, it will from time to

time make available and pay over to the authority such funds as may be required for the

establishment and operation of the authority. The contribution of each party state shall be

in the proportion that its population bears to the total population of the states which are

parties hereto, as shown by the most recent official report of the United States Bureau of

the Census, or upon such other basis as may be agreed upon.

ARTICLE VI

Nothing in this compact shall be construed so as to conflict with any existing

statute, or to limit the powers of any party state, or to repeal or prevent legislation, or to

authorize or permit curtailment or diminution of any other waterway project, or to affect

any existing or future cooperative arrangement or relationship between any federal agency

and a party state.

ARTICLE VII

This compact shall continue in force and remain binding upon each party state until

the legislature or Governor of each or either state takes action to withdraw therefrom;

provided that such withdrawal shall not become effective until six (6) months after the

date of the action taken by the legislature or Governor. Notice of such action shall be

given to the other party state or states by the Secretary of State of the party state which

takes such action.