IA
104TH CONGRESS
1ST SESSION
H. J. RES. 129
Granting the consent of Congress to the Vermont-New Hampshire Interstate
Public Water Supply Compact.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 30, 1995
Mr. SANDERS (for himself and Mr. BASS) introduced the following joint
resolution; which was referred to the Committee on the Judiciary
JOINT RESOLUTION
Granting the consent of Congress to the Vermont-New
Hampshire Interstate Public Water Supply Compact.
Resolved by the Senate and House of Representatives
of the United States of America in Congress assembled,
SECTION 1. CONGRESSIONAL CONSENT.
The Congress consents to the Vermont-New Hamp-
shire Interstate Public Water Supply Compact entered
into between the States of Vermont and New Hampshire.
The compact reads substantially as follows:
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‘‘Vermont-New Hampshire Interstate Public
Water Supply Compact
‘‘ARTICLE I
‘‘GENERAL PROVISIONS
‘‘(a) STATEMENT OF POLICY.—It is recognized that
in certain cases municipalities in Vermont and New
Hampshire may, in order to avoid duplication of cost and
effort, and in order to take advantage of economies of
scale, find it necessary or advisable to enter into agree-
ments whereby joint public water supply facilities are
erected and maintained. The States of Vermont and New
Hampshire recognize the value of and need for such agree-
ments, and adopt this compact in order to authorize their
establishment.
‘‘(b) 
REQUIREMENT
OF
CONGRESSIONAL
AP-
PROVAL.—This compact shall not become effective until
approved by the United States Congress.
‘‘(c) DEFINITIONS.—
‘‘(1) The term ‘public water supply facilities’
shall mean publicly owned water supply sources,
storage, treatment, transmission and distribution fa-
cilities, and ancillary facilities regardless of whether
or not the same qualify for Federal or State con-
struction grants-in-aid.
•HJ 129 IH
‘‘(2) The term ‘municipalities’ shall mean cities,
towns, village districts, or other incorporated units
of local government possessing authority to con-
struct, maintain, and operate public water supply fa-
cilities and to raise revenue therefore by bonding
and taxation, which may legally impose and collect
user charges and impose and enforce regulatory con-
trol upon users of public water supply facilities.
‘‘(3) The term ‘water supply agency’ shall mean
the agencies within Vermont and New Hampshire
possessing regulating authority over the construc-
tion, maintenance, and operation of public water
supply facilities and the administration of grants-in-
aid from their respective State for the construction
of such facilities.
‘‘(4) the term ‘governing body’ shall mean the
legislative body of the municipality, including, in the
case of a town, the selectmen or town meeting, and,
in the case of a city, the city council, or the board
of mayor and aldermen or any similar body in any
community not inconsistent with the intent of this
definition.
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‘‘ARTICLE II
‘‘PROCEDURES AND CONDITIONS GOVERNING
INTERGOVERNMENTAL AGREEMENTS
‘‘(a) COOPERATIVE AGREEMENTS AUTHORIZED.—
Any two or more municipalities, one or more located in
New Hampshire and one or more located in Vermont, may
enter into cooperative agreements for the construction,
maintenance, and operation of public water supply facili-
ties serving all the municipalities who are parties thereto.
‘‘(b) APPROVAL OF AGREEMENTS.—Any agreement
entered into under this compact shall, prior to becoming
effective, be approved by the water supply agency of each
State, and shall be in a form established jointly by said
agencies of both States.
‘‘(c) METHOD OF ADOPTING AGREEMENTS.—Agree-
ments shall be adopted by the governing body of each mu-
nicipality in accordance with statutory procedures for the
adoption of interlocal agreements between municipalities
within each State; provided, that before a Vermont mu-
nicipality may enter into such agreement, the proposed
agreement shall be approved by the voters.
‘‘(d) REVIEW AND APPROVAL OF PLANS.—The water
supply agency of the State in which any part of a public
water supply facility which is proposed under an agree-
ment pursuant to this compact is proposed to be or is lo-
•HJ 129 IH
cated, is hereby authorized and required, to the extent
such authority exists under its State law, to review and
approve or disapprove all reports, designs, plans, and
other engineering documents required to apply for Federal
grants-in-aid or grants-in-aid from said agency’s State,
and to supervise and regulate the planning, design, con-
struction, maintenance, and operation of said part of the
facility.
‘‘(e) FEDERAL GRANTS AND FINANCING.—(1) Appli-
cation for Federal grants-in-aid for the planning, design,
and construction of public water supply facilities other
than distribution facilities shall be made jointly by the
agreeing municipalities, with the amount of the grant at-
tributable to each State’s allotment to be based upon the
relative total capacity reserves allocated to the municipali-
ties in the respective States determined jointly by the re-
spective State water supply agencies. Each municipality
shall be responsible for applying for Federal and State
grants for distribution facilities to be located within the
municipal boundaries.
‘‘(2) Municipalities are hereby authorized to raise and
appropriate revenue for the purpose of contributing pro
rata to the planning, design, and construction cost of pub-
lic water supply facilities constructed and operated as joint
facilities pursuant to this compact.
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‘‘(f) CONTENTS OF AGREEMENTS.—Agreements en-
tered into pursuant to this compact shall contain at least
the following:
‘‘(1) A system of charges for users of the joint
public water supply facilities.
‘‘(2) A uniform set of standards for users of the
joint public water supply facilities.
‘‘(3) A provision for the pro rata sharing of op-
erating and maintenance costs based upon the ratio
of actual usage as measured by devices installed to
gauge such usage with reasonable accuracy.
‘‘(4) A provision establishing a procedure for
the arbitration and resolution of disputes.
‘‘(5) A provision establishing a procedure for
the carriage of liability insurance, if such insurance
is necessary under the laws of either State.
‘‘(6) A provision establishing a procedure for
the modification of the agreement.
‘‘(7) A provision establishing a procedure for
the adoption of regulations for the use, operation,
and maintenance of the public water supply facili-
ties.
‘‘(8) A provision setting forth the means by
which the municipality that does not own the joint
public water supply facility will pay the other mu-
•HJ 129 IH
nicipality its share of the maintenance and operating
costs of said facility.
‘‘(g) APPLICABILITY OF STATE LAWS.—Cooperative
agreements entered into by municipalities under this com-
pact shall be consistent with, and shall not supersede, the
laws of the State in which each municipality is located.
Notwithstanding any provision of this compact, actions
taken by a municipality pursuant to this compact, or pur-
suant to an agreement entered into under this compact,
including the incurring of obligations or the raising and
appropriating of revenue, shall be valid only if taken in
accordance with the laws of the State in which such mu-
nicipality is located.
‘‘CONSTRUCTION
‘‘Nothing in this compact shall be construed to au-
thorize the establishment of interstate districts, authori-
ties, or any other new governmental or quasi-governmental
entity.
‘‘ARTICLE III
‘‘EFFECTIVE DATE
‘‘This compact shall become effective when ratified
by the States of Vermont and New Hampshire and ap-
proved by the United States Congress.’’.
SEC. 2. RIGHT TO ALTER, AMEND, OR REPEAL.
The right to alter, amend, or repeal this joint resolu-
tion is hereby expressly reserved. The consent granted by
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this joint resolution shall not be construed as impairing
or in any manner affecting any right or jurisdiction of the
United States in and over the region which forms the sub-
ject of the compact.
SEC. 3. CONSTRUCTION AND SEVERABILITY.
It is intended that the provisions of this compact shall
be reasonably and liberally construed to effectuate the
purposes thereof. If any part or application of this com-
pact, or legislation enabling the compact, is held invalid,
the remainder of the compact or its application to other
situations or persons shall not be affected.
SEC. 4. INCONSISTENCY OF LANGUAGE.
The validity of this compact shall not be affected by
any insubstantial difference in its form or language as
adopted by the two States.
Æ