Joint resolution to create a regional agency by intergovernmental compact for the planning, conservation, utilization, development, management, and control of the water and related natural resources of the Delaware River Basin, for the improvement of navigation, reduction of flood damage, regulation of water quality, control of pollution, development of water supply, hydroelectric energy, flsh and wildlife habitat, and public recreational facilities, and other purposes, and defining the functions, powers, and duties of such agency
PL 87-328 (H.J.Res.225), enacted 09/26/1961

PUBLIC LAW 87-328-SEPT. 27, 1961 
[75 ST A T . 
September 27, 1961 
[H. J. Res. 225] 
Delaware R i v e r 
Basin Compact. 
Public Law 87-328 
JOINT RESOLUTION 
To create a regional agency by intergovernmental compact for the planning, 
conservation, utilization, development, management, and control of the water 
and related natural resources of the Delaware River Basin, for the improve-
ment of navigation, reduction of flood damage, regulation of water quality, 
control of pollution, development of water supply, hydroelectric energy, flsh 
and wildlife habitat, and public recreational facilities, and other purposes, 
and defining the functions, powers, and duties of such agency. 
Resolved by the Senate and House of Representatives 
of the United 
States of America in Congress assemhled^ 
PART I 
COMPACT 
Whereas the signatory parties recognize the water and related 
^ resources of the Delaware River Basin as regional assets vested with 
local, State, and National interests, for which they have a joint 
responsibility; and 
Whereas the conservation, utilization, development, management, and 
control of the water and related resources of the Delaware River 
Basin under a comprehensive multipurpose plan will bring the 
greatest benefits and produce the most efficient service in the public 
welfare; and 
Whereas such a comprehensive plan administered by a basinwide 
agency will provide effective flood damage reduction; conservation 
and development of ground and surface water supply for municipal, 
industrial, and agricultural uses; development of recreational facil-
ities in relation to reservoirs, lakes, and streams; propagation of 
fish and game; promotion of related forestry, soil conservation, and 
watershed projects; protection and aid to fisheries dependent upon 
water resources; development of hydroelectric power potentialities; 
improved navigation; control of the movement of salt water; abate-
ment and control of stream pollution; and regulation of stream 
flows toward the attainment of these goals; and 
Whereas decisions of the United States Supreme Court relating to the 
waters of the basin have confirmed the interstate regional character 
of the water resources of the Delaware River Basin, and the United 
States Corps of Engineers has in a prior report on the Delaware 
River Basin (House Document 179, Seventy-third Congress, second 
session) officially recognized the need for an interstate agency and 
the economies that can result from unified development and control 
of the water resources of the basin; and 
Whereas the water resources of the basin are presently subject to the 
duplicating, overlapping, and uncoordinated administration of some 
forty-three State agencies, fourteen interstate agencies, and nineteen 
Federal agencies which exercise a multiplicity of powers and duties 
resulting in a splintering of authority and responsibilities; and 
Whereas tlie joint advisory body known as the Interstate Commission 
on the Delaware River Basin (INCODEL), created by the respec-
tive commissions or Committee on Interstate Cooperation of the 
States of Delaware, New Jersey, New York, and Pennsylvania, has 
on the basis on its extensive investigations, surveys, and studies con-
cluded that regional development of the Delaware River Basin is 
feasible, advisable, and urgently needed; and has recommended that 
an interstate compact with Federal participation be consummated 
to this end; and 
75 S T A T . ] 
PUBLIC LAW 87-328-SEPT. 27, 1961 
689 
Whereas the Congress of the United States and the executive branch 
of the Government have recognized the national interest in the 
Delaware River Basin by authorizing and directing the Corps of 
Engineers, Department of the Army, to make a comprehensive 
survey and report on the water and related resources of the Dela-
ware River Basin, enlisting the technical aid and planning participa-
tion of many Federal, State^ and municipal agencies dealing with 
the waters of the basin, and in particular the Federal Departments 
of Agriculture, Commerce, Health, Education, and Welfare, and 
Interior, and the Federal Power Commission; and 
Whereas some twenty-two million people of the United States at 
present live and work in the region of the Delaware River Basin 
and its environs, and the government, employment, industry, and 
economic development of the entire region and the health, safety, 
and general welfare of its population are and will continue to be 
vitally affected by the use, conservation, management, and control of 
the water and related resources of the Delaware River Basin; and 
Whereas demands upon the waters and related resources of the basin 
are expected to mount rapidly because of the anticipated increase in 
the population of the region projected to reach thirty million by 1980 
and forty million by 2010, and because of the anticipated increase 
in industrial growth projected to double by 1980; and 
AVhereas water resources planning and development is technical, 
complex, and expensive, and has often required fifteen to twenty 
years from the conception to the completion of a large dam and 
reservoir; and 
Whereas the public interest requires that facilities must be ready and 
operative when needed, to avoid the catastrophe of unexpected 
floods or prolonged drought, and for other purposes; and 
Whereas the Delaware River Basin Advisory Committee, a temporary 
body constituted by the Governors of the four basin States and 
the mayors of the cities of New York and Philadelphia, has pre-
pared a draft of an interstate-Federal compact for the creation of a 
basin agency, and the signatory parties desire to effectuate the 
purposes thereof: Now therefore 
Be it enacted hy the Senate and Home of Representatives of the 
United States of America in Congress assembled^ That the United 
States hereby consents to, and joins the States of Delaware, New 
Jersey, and New York and the Commonwealth of Pennsylvania in, 
the following compact: 
ARTICLE 1 
SHORT TITLE, DEFINITIONS, PURPOSE AND LIMITATIONS 
Section 1.1 Short title. This Act shall be known and may be cited 
as the Delaware River Basin Compact. 
1.2 Definitions. For the purposes of this compact, and of any 
supplemental or concurring legislation enacted pursuant thereto, ex-
cept 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 Com-
mission created and constituted by this compact; 
(Q) "Compact" shall mean Part I of this act; 
(d) "Cost" shall mean direct and indirect expenditures, commit-
ment, and net induced adverse effects, whether or not compensated 
for, used or incurred in connection with the establishment, acquisi-
tion, construction, maintenance and operation of a project; 
690 
PUBLIC LAW 87-328-SEPT. 27, 1961 
[75 STAT. 
(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, with-
out limiting the generality of the foregoing, any and all things and 
appurtenances necessary, useful or convenient for the control, collec-
tion, storage, withdrawal, diversion, release, treatment, transmission, 
sale or exchange of water; or for navigation thereon,, or the develop 
ment and use of hydroelectric energy and power, and public recrea-
tional facilities; or the propagation of fish and wildlife; or to con-
serve 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 man-
agement 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. 
1.3 
Purpose and Findings. 
The legislative oodies of the respec-
tive 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, utili-
zation, development, management and control, under appropriate 
arrangements for intergovernmental cooperation, 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 inter-related, 
and the uses of these resources are interdependent. 
A single adminis-
trative agency is therefore essential for effective and economical direc-
tion, supervision and coordination 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, program-
ming and management. 
(e) In general, the purposes of this compact are to promote inter-
state 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 cooperative planning and action by the signa-
tory parties with respect to such water resources; and to apply the 
principle of equal and uniform treatment to all water users who are 
75 S T A T . ] 
PUBLIC LAW 8 7 - 3 2 8 - S E P T . 27, 1961 
691 
similarly situated and to all users of related facilities, without regard 
to established political boundaries. 
1.4 
Powers of Congress; Withdrawal. 
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 navi-
gable waters within the basin, nor shall any provision hereof be con-
strued in derogation of any of the constitutional powers of the Con-
gress to regulate commerce among the states and with foreign nations. 
The power and right of the Congress to withdraw the federal govern-
ment as a party to this compact or to revise or modify the terms, con-
ditions and provisions under which it may remain a party by amend-
ment, repeal or modification of any federal statute applicable thereto 
is recognized by the signatory parties. 
1.5 
Existing Agencies; Construction. 
It is the purpose of tlie sig-
natory parties to preserve and utilize the functions, powers and duties 
of existing offices and agencies of government to the extent not incon-
sistent with the 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. 
1.6 
Duration of Compact. 
(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 addi-
tional periods of 100 years if not later than 20 years nor sooner than 
25 years prior to the determination of the initial period or any suc-
ceeding 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 opera-
tion 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. 
ARTICLE 2 
ORGANIZATION AND AREA 
Section 2.1 Commission Created. 
The Delaware River Basin 
Commission is hereby created as a body politic and corporate, with suc-
cession for the duration of this compact, as an agency and instrumen-
tality of the governments of the respective signatory parties. 
2.2 Commission Membership. 
The commission shall consist of the 
Governors of the signatory states, ex officio, and one commissioner to be 
appointed by the President of the United States to serve during the 
term of office of the President. 
2.3 Alternates. 
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 appoint-
ment for the unexpired term only. 
2.4 Compensation. 
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. 
2.5 Voting Power. 
Each member shall be entitled to one 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. 
692 
PUBLIC LAW 87-328-SEPT. 27, 1961 
[75 STAT. 
2.6 Organization and Procedure. 
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 W the election oi a chairman and vice-chairman 
from among its members. It shall provide by its rules for the appoint-
ment by each member in his discretion of an advisor to serve without 
compensation, who may attend all meetings of the commission and its 
committees. 
2.7 Jurisdiction of the Commission. 
The commission shall have, 
exercise and discharge its functions, powers and duties within the 
limits of the basin, except that it mav 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. 
ARTICLE 3 
POWERS AND DUTIES OF THE COMMISSION 
Section 3.1 
Purpose and Policy. 
The commission shall develop 
and effectuate plansj policies and projects relating to the water 
resources of the basm. 
It shall adopt and promote uniform and 
coordinated policies for water conservation, control, use and manage-
ment in the basin. 
It shall encourage the planning, development and 
financing of water resources projects according to such plans and 
po icies. 
3.2 
Comprehensive Plan, Program and Budgets. 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 develop-
ment 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 tne area to be served for such 
reasonably foreseeable period as the commission may determine, 
balanced by existing and proposed projects required to satisfy such 
)ieeds, 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 perioa; 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. 
3.3 Allocations, Diversions and Releases. 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 condi-
tions, 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, condi-
tions^ 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 
75 S T A T . ] 
PUBLIC LAW 87-328-SEPT. 27, 1961 
693 
and it may thereupon by unanimous consent of its members author-
ize 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 a 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 dele-
gated to the commission by this compact may invoke the original 
jurisdiction of the United States Supreme Court within one year after 
such action for an adjudication and determination thereoi de novo. 
Any other action of the commission pursuant to this section shall be 
subject to judicial review in any court of competent jurisdiction. 
3.4 Supreme Court Decree; Waivers. 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 re(][uired to effectuate the pro-
visions of paragraphs IIIB3 and V B of said decree. 
3.5 Supreme Court Decree; Specific Limitations on Commission. 
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. 
694 
PUBLIC LAW 87-328-SEPT. 27, 1961 
[75 STAT. 
3.6 
General Powers. 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 com-
mission 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, 
mcluding without limitation thereto water and waste treatment plants, 
stream and lake recreational facilities, trunk mains for water distribu-
tion, local flood protection works, small watershed management pro-
grams, and ground water recharging operations; 
(c) Conduct and sponsor research on water resources, their plan-
ning, use, conservation, management, development, control and protec-
tion, 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 coordinate 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 wat^r 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 legisla-
tive 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 exer-
cise all powers necessary or convenient to carry out its express powers 
or which may be reasonably implied therefrom. 
3.7 Rates and Charges. 
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. 
3.8 
Referral and Review. 
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 pro-
visions 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 
75 S T A T . ] 
PUBLIC LAW 
8 7 - 3 2 8 - S E P T . 27, 1961 
695 
determination of the commission hereunder shall be subject to judicial 
review in any court of competent jurisdiction. 
3.9 
Coordination and Cooperation. 
The commission shall promote 
and aid the coordination 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 
cooperate 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 instal-
lation 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 decentral-
ized 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. 
3.10 Advisory Committees. The commission may constitute and 
empower advisory committees, which may be comprised of representa-
tives of the public and of federal, state, county and municipal govern-
ments, water resources agencies, water-using industries, water-interest 
groups, labor and agriculture. 
ARTICLE 4 
WATER SUPPLY 
Section 4.1 Generally. 
The commission shall have power to 
develop, implement and effectuate plans and projects for the use of 
the water of the basin for domestic, municipal, agricultural and indus-
trial w^ater supply. 
To this end, wdthout 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. 
4.2 
Storage and Release of Waters. 
(a) The commission shall have power to acquire, operate and con-
trol 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 covirt of competent jurisdiction. 
4.3 Assessable Improvements. 
The commission may undertake to 
provide stream regulation in the main stream or any tributary in the 
696 
PUBLIC LAW 87-328-SEPT. 27, 1961 
[75 STAT. 
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 assess-
ments and shall be subject to judicial review in any court of competent 
jurisdiction. 
4.4 Coordination. 
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. 
4.5 Additional Powers. 
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 busi-
ness of distributing water. 
ARTICLE 5 
POLLUTION" CONTROL 
Section 5.1 
General Powers. 
The commission may undertake in-
vestigations and surveys, and acquire, construct, operate and main-
tain 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 pollu-
tion abatement agencies of the signatory parties. 
5.2 
Policy and Standards. The Commission may assume jurisdic-
tion 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 compre-
hensive 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 watei-s, such as size of the stream, flow, movement, loca-
tion, 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 pollu-
tion, 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. 
5.3 
Cooperative Legislation and Administration. 
Each of the 
signatory parties covenants and agrees to prohibit and control pollu-
tion of the waters of the basin according to the requirements of this 
compact and to cooperate 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 an^ 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, 
75 S T A T . ] 
PUBLIC LAW 8 7 - 3 2 8 - S E P T . 27, 1961 
697 
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. 
5.4 Enforcement. 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, indus-
trial 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 construc-
tion of any necessarv 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 com-
mission 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. 
5.5 Further Jurisdiction. Nothing in this compact shall be con-
strued 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 juris-
diction. 
ARTICLE 6 
FLOOD PROTECTION 
Section 6.1 General Powers. 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 
S
ower to operate such facilities and to store and release waters on the 
Delaware Kiver and its tributaries and elsewhere within the basin, in 
such manner, at such times, and under such regulations as the commis-
sion may deem appropriate to meet flood conditions as they may arise. 
6.2 Flood Plain Zoning. 
(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 
otner 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 fldod and the establishment of stand-
ards for flood plain use which will safeguard the public health, safety 
and property. Prior to the adoption of any standards delineating 
such area or deflning such use, the commission shall hold public hear-
ings, in the manner provided by Article 14, with I'espect to the sub-
stance of such standards. At or before such public hearings the pro-
posed 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 
64207 0-62—47 
698 
PUBLIC LAW 87-328-SEPT. 27, 1961 
[75 STAT. 
municipal corporation for the administration and enforcement of any 
local land use ordinances or regulations giving effect to such standards. 
6.3 
Flood Lands Acquisition. 
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 chan-
nel to carry flood water. 
Any such action shall be in accord with the 
standards adopted and promulgated pursuant to Section 6.2. 
6.4 
Flood and Stream Stage Warnings and Posting. 
The com-
mission 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. 
ARTICLE 7 
WATERSHED MANAGEMENT 
Section 7.1 Watersheds Generally. 
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. 
7.2 
Soil ConserA\ation and Forestry. 
The commission may acquire, 
sponsor or operate facilities and projects to encourage soil conserva-
tion, prevent and control erosion, and to promote land reclamation 
and sound forestry practices. 
7.3 Fish and Wildlife. 
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. 
7.4 
Cooperative Planning and Operation. 
(a) The commission shall cooperate with the appropriate agencies 
of the signatory parties and with other public and private agencies 
in the planning and effectuation of a coordinated 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 
a,<i:ency of government is available to operate the same upon reason-
able conditions, in accordance with the intent and purpose expressed 
in Section 1.5 of this compact. 
ARTICLE 8 
RECREATION 
Section 8.1 
Development. 
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, sub-
ject to the provisions of Section 8.2 hereof. 
8.2 
Cooperative Planning and Operation. 
(a) The commission shall cooperate with the appropriate agencies 
of the signatory parties and with other public and private agencies 
in the planning and effectuation of a coordinated 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 
75 S T A T . ] 
PUBLIC LAW 87-328-SEPT. 27, 1961 
699 
conditions, in accordance with the intent and purpose expressed in 
Section 1.5 of this compact. 
8.3 
Operation and Maintenance. 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 coordination 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. 
8.4 
Concessions. 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. 
ARTICLE 9 
HYDROELECTRIC POWER 
Section 9.1 Development. 
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 hydro-
electric energy, in accordance with the comprehensive plan. 
9.2 
Power Generation. 
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. 
9.3 Transmission. 
The commission may provide facilities for the 
transmission of hydroelectric power and hydroelectric energy pro-
duced by it where such facilities are not otherwise available upon 
reasonable terms, for the purpose of w^holesale marketing of power 
and nothing herein shall be construed to authorize the commission to 
engage in the business of direct sale to consumers. 
9.4 Development Contracts. The commission may after public 
notice and hearing enter into contracts on reasonable terms, considera-
tion and duration under which public utilities or public agencies may 
develop hydroelectric power and hydroelectric energy through the use 
of dams, related facilities and appurtenances. 
9.5 
Rates and Charges. 
Rates and charges fixed by the commission 
for power which is produced by its facilities shall be reasonable, 
nondiscriminatory, and just. 
ARTICLE 10 
REGULXVTION OF WITHDRAWALS AND DIVERSIONS 
Section 10.1 Power of Regulation. 
The Commission may regulate 
and control withdrawals and diversions from surface waters and 
ground waters of the basin, as provided by this article. 
The commis-
sion may enter into agreements with the signatory parties relating to 
the exercise of such power or regulation or control and may delegate 
to any of them such powers of the commission as it may deem necessary 
or desirable. 
10.2 Determination of Protected Areas. 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 
700 
PUBLIC LAW 87-328-SEPT. 27, 1961 
[75 STAT. 
requirements or effectuation of the comprehensive plan, and any such 
areas may be designated as "protected areas." The commission, when-
ever it determines that such shortage no longer exists, shall terminate 
the j)rotected status of such area and shall give public notice of such 
termination. 
10.3 Withd;rawal Permits. 
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 indus-
trial 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 signatorv states. 
10.4 Emergency. 
In the event of a drougnt 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 per-
son, 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 oy general regulation or authorize by special 
permit granted hereunder. 
10.5 Standards. 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. 
10.6 Judicial Review. 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. 
10.7 Maintenance of Records. 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 
furnisned to the commission at its request. 
10.8 Existing State Systems. 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 com-
mission. 
ARTICLE 
11 
INTERGOVERMENTAL RELATIONS 
Section 11.1 Federal Agencies and Projects. 
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 follow-
ing 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; 
75 S T A T . ] 
PUBLIC LAW 87-328-SEPT. 27, 1961 
701 
(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 in-
cluded by the commission in the comprehensive plan; 
(c) Each federal agency otherwise authorized by law to plan, de-
sign, construct, operate or maintain any project or facility m or for 
the basin shall continue to have, exercise and discharge such authority 
except as specifically provided by this section. 
11.2 Stute and Local Agencies and Projects. 
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 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 
m or for the basin shall continue to have, exercise and discharge such 
authority, except as specifically provided by this section. 
11.3. Reserved Taxing Powers of States. 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. 
11.4 
Project Costs and Evaluation Standards. 
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 pro-
gram. 
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 reim-
bursable revenues to be paid signatory parties or their political 
subdivisions, and (ii) of payments in lieu of taxes to any of them. 
11.5 Cooperative Services. The commission shall furnish tech-
nical 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, wdthin the 
limits of available appropriations and to cooperate generally with the 
commission for the purposes of this compact, and the cost of such 
services may be reimbursable whenever the parties deem appropriate. 
702 
PUBLIC LAW 87-328-SEPT. 27, 1961 
[75 STAT. 
ARTICLE 12 
CAPITAL FINANCING 
Section 12.1 Borrowing Power. 
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 com-
mission 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. 
12.2 Funds and Expenses. 
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 reimburse-
ment of advances by the commission or by others for such purposes 
and for working capital. 
12.3 Credit Excluded; Officers, State and Municipal. 
The com-
mission 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. 
12.4 Funding and Refunding. 
Whenever the commission deems 
it expedient, it may fund and refund its bonds and otlier 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 
1)3 issued partly to refund bonds and other obligations then out-
standing, and partly for any other pvirpose 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. 
12.5 
l^onds: Authorization Generally. 
Bonds and other indebted-
ness of the commission shall be authorized by resolution of the com-
mission. 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 one or more series and may provide for one or more consolidated 
75 S T A T . ] 
PUBLIC LAW 87-328-SEPT. 27, 1961 
703 
bond issues, in such principal amounts and with such terms and pro-
visions 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. 
12.6 Bonds; Resolutions and Indentures Generally. 
The commis-
sion may determine and enter into indentures providing for the prin-
cipal 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 in-
clude all such covenants and other provisions other than any restric-
t ion on the regulatory powers vested in the commission by this com-
pact 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, or 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 bond-
holders 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 appur-
tenant 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. 
12.7 Maximum Maturity. 
No bond or its terms shall mature in 
more than fifty yeare from its own date and in the event any author-
ized issue is divided into two or more series or divisions, the maxi-
mum maturity date herein authorized shall be calculated from the date 
on the face of each bond separately, irrespective of the fact that dif-
ferent dates may be prescribed for the bonds of each separate series 
or division of any authorized issue. 
12.8 Tax Exemption. 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. 
12.9 Interest. Bonds shall bear interest at a rate of not to exceed 
six percent per annum, payable annual]}^ or semi-annually. 
12.10 
Place of Payment. 
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. 
704 
PUBLIC LAW 87-328-SEPT. 27, 1961 
[75 STAT. 
12.11 Execution. 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 bonds or coupons, their signatures or counter signatures are never-
theless valid and of the same force and effect as if the officers had 
remained in office until the delivery of the bonds and coupons. 
12.12 Holding Own Bonds. The Commission shall have power out 
of any funds available therefor to purchase its bonds and may hold, 
cancel or resell such bonds. 
12.13 Sale. The commission may fix terms and conditions for the 
sale or other disposition of any authorized issue of bonds. The com-
mission 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 
six percent per annum payable semi-annually, according to standard 
tables of bond values. All bonds issued and sold for cash pur-
suant 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 ten 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. 
12.14 Negotiability. All bonds issued under the provisions of this 
compact are negotiable instruments, except when registered in the 
name of a registered owner. 
12.15 Legal Investments. Bonds of the commission shall be legal 
investments for savings banks, fiduciaries and public funds in each 
of the signatory states. 
12.16 Validation Proceedings. 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 j)rosecuted in rem and the judgment rendered therein 
shall be conclusive against all persons whomsoever and against each 
of the signatory parties. 
12.17 Recording. 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 pro-
vided therein and irrespective of the date of receipts of such revenues 
by the commission or the indenture trustee. 
Such pledjge shall be 
effective as provided in the indenture without physical delivery of the 
revenues to the commission or to the indenture trustee. 
75 S T A T . ] 
PUBLIC LAW 87-328-SEPT. 27, 1961 
705 
12.18 Pledged Revenues. 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, tees 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 tnereon, shall consti-
tute a trust fund for the security and payment of such bonds and 
except as and to the extent provided in tlie indenture with respect to 
the payment therefrom of expenses for other purposes including 
admniistration, 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 outstand-
ing and unpaid. 
12.19 Remedies. The holder of any bond may for the equal benefit 
and protection of all holders of bonds similarlj^ situated: (a) by 
mandamus or other appropriate proceedings require and compel the 
performance of any or 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 oi 
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 enumera-
tion 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. 
12.20 Capital Financing by Signatory Parties; Guarantees. 
(a) The signatory parties will provide such capital funds required 
for projects of the commission as may be authorized by their i-espec-
tive statutes in accordance with a cost sharing plan prepared pursu-
ant 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 provi-
sion of this compact, may be executed and delivered to any duly 
authorized agency oi any of the signatory parties without public 
offering and may be sold and resold with or without the guaranty of 
such signatory partyj subject to and in accordance with the consti-
tutions of the respective signatory parties. 
(c) The commission may receive and accept, and the signatory 
parties maj^ make, loans, grants, appropriations, advances and pay-
ments of reimbursable or non-reimbursaole funds or property in any 
form for the capital or operating purposes of the commission. 
706 
PUBLIC LAW 87-328-SEPT. 27, 1961 
[75 S T A T . 
ARTICLE 13 
FLAN, PROGRAM AND BUDGETS 
Section 13.1 Comprehensive Plan. The commission shall develop 
and adopt, and may from time to time review and revise, a compre-
hensive 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, conserva-
tion, 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 com-
mission 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 of the revision thereof. 
13.2 Water Resources Program. 
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 govern-
mental and private agencies, organizations and persons during the 
ensuing six 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 under-
taken by the commission during such period. 
13.3 Annual Current Expense and Capital Budgets. 
(a) The commission shall annually adopt a capital budget including 
all capital projects it proposes to undertake or continue during the 
budget period containmg 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 esti-
mated expenses for administration, operation, maintenance and 
repairs, including a separate statement thereof for each project, to-
gether 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 m 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 budg-
etary procedures. 
The amount required to balance the current 
75 S T A T . ] 
PUBLIC LAW 87-328-SEPT. 27, 1961 
707 
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 in-
clude 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. 
ARTICLE 14 
GENERAL PROVISIONS 
Section 14.1 Auxiliary Powers of Commission; Functions of Com-
missioners. 
(a) The commission, for the purposes of this compact, may: 
1) Adopt and use a corporate seal, enter into contracts, sue and 
bs 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; 
8) Provide for, acquire and adopt detailed engineering, admin-
istrative, financial and operating plans and specifications to effec-
tuate, 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 appur-
tenances thereto necessary, useful or convenient for such owner-
ship, operation, control, maintenance or conveyance; 
6) Have and exercise all corporate pjowers 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 obliga-
tions 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 t][iem administrative functions, powers and 
duties; 
5) Create and abolish offices, employments and position as it 
deems necessary for the purposes of the commission, and subject 
to the provisions of this article, fix and provide for the qualinca-
708 
PUBLIC LAW 87-328-SEPT. 27, 1961 
[75 STAT. 
tion, 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. 
14.2 Regulations; Enforcement. 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 one which deals 
solely with the internal management of the commission, shall be 
adopted onlj 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. 
14.3 Tax Exemption. The commission, its property, functions, 
and activities shall oe exempt from taxation by or under the author-
ity of any of the signatory parties or any political subdivision thereof; 
provided that in neu 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 j^ior to its acquisition by the commission for 
a period of ten years. The nature and amount of such payments shall 
be reviewed by the commission at the end of ten 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 neces-
sary or desirable to take into account hardships incurred and benefits 
received by the taxing jurisdiction which are attributable to the 
project. 
14.4 Meeting; Public Hearing; Records, Minutes. 
fa) All meetings of the commission shall bo open to the public. 
(b) The commission shall conduct at least one public hearing prior 
to the adoption of the comprehensive plan, water resources program, 
annual capital and current expense budgets, the letting of any con-
tract for the sale or other disposition by the commission of hydro-
electric energy or water resources to any person, corporation or entity, 
and in all otlier cases wherein this compact requires a public hearing. 
Such hearing shall be held upon at least ten days pubHc 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. 
14.5 Officers Generally. 
(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. 
75 S T A T . ] 
PUBLIC LAW 8 7 - 3 2 8 - S E P T . 27, 1961 
709 
(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. 
Anj^ 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. 
14.6 Oath of Office. 
An oath of office in such form as the commis-
sion shall prescribe shall be taken, subscribed and filed with the com-
mission by the executive director and by each officer appointed by him 
not later than fifteen days after the appointment. 
14.7 Bond. 
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. 
14.8 Prohibited Activities. 
(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 addi-
tion to the compensation or expenses paid him oy 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 employ-
ment 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 addi-
tion 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 sigiiatory state in which such misconduct occurs. 
14.9 Purchasing. 
Contract for the construction, reconstruction or 
improvement of any facility when the expenditure required exceeds ten 
thousand dollars and contracts for the purchase of services, supplies, 
equipment and materials when the expenditure required exceeds two 
thousand five hundred dollars shall be advertised and let upon sealed 
l)ids 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 ten days oefore bids 
are received and in at least two 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 tne 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 polit-
ical subdivision thereof or pursuant to any open end bulk pur-
cliase contract of any of them; 
710 
PUBLIC LAW 87-328-SEPT. 27, 1961 
[75 STAT. 
2) the public exigency requires the immediate delivery of the 
articles or performance of the service; 
3) only one 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. 
14.10 Insurance. The commission may self-insure or purchase insur-
ance and pay the j)remiunis 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. 
14.11 Annual Independent Audit. 
(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 m 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 princi-
ples 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 con-
ducted 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 com-
mission 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. 
14.12 Reports. The commission shall make and publish an annual 
report to the legislative bodies of the si^atory parties and to the 
puolic 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. 
14.13 Grants, Ijoans or Payments by States or Political Subdi-
visions. 
(a) Any or all of the signatory parties or any political subdivision 
thereof may: 
75 S T A T . ] 
PUBLIC LAW 87-328-SEPT. 27, 1961 
711 
1) Appropriate to the commission such funds as may be 
necessary to pay preliminary expenses such as the expenses in-
curred 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 
(he 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. 
14.14 
Condemnation Proceedings. 
(a) The commission shall have the power to acquire by condemna-
tion 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, com-
mission 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, condemna-
tion 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 pur-
suant 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. 
14.15 Conveyance of Lands and Relocation of Public Facilities. 
(a) The respective officers, agencies, departments, commissions or 
bodies having jurisdiction and control over real and personal property 
owned by the signatory parties are authorized and empowered to 
transfer and convey in accordance with the laws of the respective 
parties to the commission any such property as may be necessary or 
convenient to the effectuation of tlie authorized purposes of the 
commission. 
(b) Each political subdivision of each of the signatory parties is 
authorized and empowered, notwithstanding any contrary provision 
of law, to grant and convey to the commission, upon the commission's 
request, any real property or any interest therein owned by such polit-
ical subdivisions including lands lying under water and lands already 
712 
"* 
PUBLIC LAW 87-828-SEPT. 27, 1961 
[76 STAT. 
devoted to public use which may be necessary or convenient to the effec-
tuation of the authorized purposes of the commission. 
(c) Any highway, public utility or other public facility which will 
be dislocated oy reason of a project deemed necessary oy the com-
mission to effectuate the authorized purposes of this compact shall 
be relocated and the cost thereof shall be paid in accordance with the 
law of the state in which the facility is located; provided that the 
cost of such relocation payable by the commission shall not in any 
event exceed the expenditure required to serve the public convenience 
and necessity. 
14.16 Rights of Way. 
Permission is hereby granted to the com-
mission to locate, construct and maintain any aqueducts, lines, pipes, 
conduits and auxiliary facilities authorized to be acquired, constructed, 
owned, operated or maintained by the commission in, over, under or 
across any streets and highways now or hereafter owned, opened or 
dedicated to or for public use, subject to such reasonable conditions as 
the highway department of the signatory party may require. 
14.17 Penal Sanction. 
Any person, association or corporation who 
violates or attempts or conspires to violate any provision of this com-
pact or any rule, regulation or order of the commission duly made, 
promulgated or issued pursuant to the compact in addition to any 
other remedy, penalty or consequence provided by law shall be punish-
able as may be provided by statute of any of the signatory parties 
within which the offense is committed; provided that in the absence 
of such provision any such person, association or corporation shall be 
liable to a penalty of not less than $50 nor more than $1,000 for each 
such offense to be fixed by the court which the commission may recover 
in its own name in any court of competent jurisdiction, and in a sum-
mary proceeding where available imder the practice and procedure 
of such court. 
For the purposes of this section in the event of a con-
tinuing offense each day of such violation, attempt or conspiracy shall 
constitute a separate offense. 
14.18 Tort Liability. 
The commission shall be responsible for 
claims arising out of the negligent acts or omissions of its officers, 
agents and employees onlv to the extent and subject to the procedures 
prescribed by law generally with respect to officers, agents and employ-
ees of the government of the United States. 
14.19 Effect on Riparian Rights. 
Nothing contained in this com-
pact shall be construed as affecting or intending to affect or in any 
way to interfere with the law of the respective signatory parties 
relating to riparian rights. 
14.20 Amendments and Supplements. 
Amendments and supple-
ments to this compact to implement the purposes thereof may be 
adopted by legislative action of any of the signatory parties concurred 
in by all of the others. 
CONSTRUCTION AND SEVERABILITY 
14.21 The provisions of this Act and of agreements thereunder shall 
be severable and if any phrase, clause, sentence or provision of the 
Delaware River Basin Compact or such agreement is declared to be 
unconstitutional or the applicability thereof to any signatory party, 
agency or person is held invalid, the constitutionality of the remainder 
of such compact or such agreement and the applicability thereof to 
any other signatory party, agency, person or circumstance shall not 
be affected thereby. 
It is the legislative intent that the provisions of 
such compact be reasonably and liberally construed. 
78 S T A T . ] 
PUBLIC LAW 87-328-SEPT. 27, 1961 
713 
14.22 Effective Date; Execution. 
This compact shall become bind-
ing and effective thirty days after the enactment of concurring legis-
lation by the federal government, the states of Delaware, New Jersey 
and New York, and the Commonwealth of Pennsylvania. 
The com-
pact shall be signed and sealed in six duplicate original copies by the 
respective chief executives of the signatory parties. One such copy 
shall be filed with the Secretary of State of each of the signatory 
parties or in accordance with the laws of the state in which the filing 
is made, and one copy shall be filed and retained in the archives of 
the commission upon its organization. 
The signatures shall be affixed 
and attested under the following form: 
IN WITNESS WHEREOF, and in evidence of the adoption and 
enactment into law of this compact by the Congress and legislatures, 
respectively, of the si^atory parties, the President of the United 
States and the respective Governors do hereby, in accordance with 
authority conferred by law, sign this compact in six duplicate origi-
nal copies, as attested by the respective secretaries of state, and have 
caused the seals of the United States and of the respective states to 
be hereunto affixed this 
day of 
,19 
PART I I 
ARTICLE 15 
RESERVATIONS 
15.1 In the exercise of the powers reserved to the Congress, pur-
suant to Section 1.4 of the Compact, the consent to and participation 
in the Compact by the United States is subject to the following con-
ditions and reservations: 
(a) Notwithstanding any provision of the Delaware River Basin 
Compact the Delaware River Basin Commission shall not undertake 
any project (as defined in such compact), other than a project for 
which State supplied funds only will be used, beyond the planning 
stage until— 
(1) such Commission has submitted to the Congress such com-
plete plans and estimates for such project as may be necessary to 
make an engineering evaluation of such project, including— 
(A) where me project will serve more than one purpose, 
an allocation of costs among the purposes served and an esti-
mate of the ratio of benefits to costs for each such purpose. 
(B) an apportionment of costs among the beneficiaries of 
the project, including the portion of the costs to be borne 
by the Federal Government and by State and local govern-
ments, and 
(C) a proposal for financing the project, including the 
terms of any proposed bonds or other evidences of indebted-
ness to be used for such purpose; and 
(2) such project has been authorized by Act of Congress. 
(b) No provision of Section 3.7 of the Compact shall oe deemed 
to authorize the Commission to impose any charge for water with-
drawals or diversions from the Basin if such withdrawals or diversions 
could lawfully have been made without charge on the effective date of 
the Compact; or to impose any charges with respect to commercial 
navigation within the Basin, jurisdiction over which is reserved to 
the Federal Government: Provided^ That this paragraph shall be 
applicable to the extent not inconsistent with Section 1.4 of this 
Cfompact. 
64207 0-62—48 
714 
PUBLIC LAW 87-328-SEPT. 27, 1961 
[75 S ¥ A T . 
(c) Nothing contained in the Compact shall be deemed to restrict 
the executive powers of the President in the event of a national emer-
gency. 
(d) Notwithstanding the provisions of Article 2, section 2.2 of the 
Compact, the member of the Commission appointed by the President 
of the United States and his alternate shall serve at the pleasure of the 
President. 
(e) Nothing contained in the Compact shall be construed as impair-
ing or in any manner affecting the applicabilitj^ to all Federal funds 
budgeted and appropriated for use by the Commission, or such author-
ity over budgetary and appropriation matters as the President and 
Congress may have with respect to agencies in the Executive Branch 
of the Federal Government. 
(f) Except to the same extent that state bonds are or may continue 
to De free or exempt from Federal taxation under the internal revenue 
laws of the United States, nothing contained in the Compact shall be 
construed as freeing or exempting from internal revenue taxation in 
any manner whatsoever any bonds issued by the Commission, their 
transfer, or the income therefrom (including any profits made on the 
sale thereon). 
(g) Nothing contained in the Compact shall be construed to obli-
gate the United States legally or morally to pay the principal or 
interest on any bonds issued by the Delaware River Basin Commission. 
(h] Notwithstanding the provisions of section 11.5 or any other 
provision of the Compact, the furnishing of technical services to the 
Commission by agencies of the executive branch of the Government 
of the United States is pledged only to the extent that the respective 
agencies shall from time to time agree thereto or to the extent that 
the President may from time to time direct such agencies to perform 
such services for the Commission. 
Nothing in the Compact shall be 
deemed to require the United States to furnish administrative services 
or facilities for carrying out functions of the Commission except to 
the extent that the President may direct. 
(i) All laborers and mechanics employed by contractors or sub-
contractors in the construction, alteration or repair, including paint-
ing and decorating, of projects, buildings and works which are 
undertaken by the Commission or are financially assisted by it, shall 
be paid wages at rates not less than those prevailing on similar con-
struction in the locality so determined by the Secretary of Labor in 
accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a-
276a-5), and every such employee shall receive compensation at a 
rate not less than one and one-half times his basic rate of pay for all 
hours worked in any workweek in excess of eight hours in any work-
day or forty hours in any workweek, as the case may be. A provision 
stating the minimum wages thus determined and the requirement that 
overtime be paid as above provided shall be set out in each project 
advertisement for bids and in each bid proposal form and shall be 
made a part of the contract covering the project. 
The Secretary of 
Labor shall have, with respect to the administration and enforcement 
of the labor standards specified in this provision, the supervisory, 
investigatory ajid other authority and functions set forth in Reorgani-
zation Plan Numbered 14 of 1950 (15 F.R. 3176, 64 Stat. 1267, 5 U.S.C. 
133Z-15, and section 2 of the Act of June 13, 1934, as amended (48 
Stat. 948, as amended; 40 U.S.C. 276(c-)). 
75 S T A T . ] 
PUBLIC LAW 8 7 - 3 2 8 - S E P T . 27, 1961 
T15 
(j) Contracts for the manufacture or furnishing of materials, 
supplies, articles and equipment with the Commission which are in 
excess of $10,000 shall be subject to the provisions of the Walsh-
Healey Public Contracts Act (41 U.S.C. 35 et seq.). 
(k) Notwithstanding any other provision of this Act, nothing con-
tained in this Act or in the Compact shall be construed as superseding 
or limiting the functions, under any other law, of the Secretary of 
Health, Education, and Welfare or of any other officer or agency of 
the United States, relating to water pollution: Provided^ That the 
exercise of such functions shall not limit the authority of the Com-
mission to control, prevent, or abate water pollution. 
(1) The provisions of section 8.4 of Article 8 of the Compact shall 
not be construed to apply to facilities operated pursuant to any other 
Federal law. 
(m) For purposes of the Act of June 25, 1948, 62 Stat. 982, as 
amended (Title 28, U.S. Code, chapter 171, and sections 1346(b) and 
240 (b)) and the Act of March 3,1887, 24 Stat. 505, as amended (Title 
28, U.S. Code, sections 1402, 1491, 1496, 1501, 1503, 2071, 2072, 2411, 
2412, 2501), and the Act of June 11, 1946, 60 Stat. 237, as amended 
(Title 5, U.S. Code, sections 1001 and 1011, Title 50 App. U.S. Code, 
section 1900), the Commission shall not be considered a Federal 
agency. 
(n) The officers and employees of the Commission (other than the 
United States member, alternate United States member, and advisors, 
and personnel employed by the United States member under direct 
Federal appropriation) shall not be deemed to be, for any purpose, 
officers or employees of the United States or to become entitled at any 
time by reason of employment by the Commission to any compensa-
tion or benefit payable or made available by the United States solely 
and directly to its officers or employees. 
(o) Neither the Compact nor this Act shall be deemed to enlarge 
the authority of any Federal agency other than the Commission to 
P
articipate in or to provide funds for projects or activities in the 
Delaware River Basin. 
(p) The United States district courts shall have original jurisdic-
tion of all cases or controversies arising under the Compact, and this 
Act and any case or controversy so arising initiated in a State Court 
shall be removable to the appropriate United States district court in 
the manner provided by § 1446, Title 28 U.S.C. 
Nothing contained 
in the Compact or elsewhere in this Act shall be construed as a waiver 
by the United States of its immunity from suit. 
(q) The right to alter, amend, or repeal this Act is hereby expressly 
reserved. 
The right is hereby reserved to the Congress or any of its 
standing committees to require the disclosure and furnishing of such 
information and data by the Delaware River Basin Compact Commis-
sion as is deemed appropriate by the Congress or any such committee. 
(r) The provisions of section 2.4 and 2.6 of Article 2 of the Compact 
notwithstanding, the member and alternate member appointed by the 
President and advisor there referred to may be paid compensation by 
the United States, such compensation to be fixed by the President at 
the rates which he shall deem to prevail in respect to comparable 
officers in the executive branch. 
(s) 1. Nothing contained in this Act or in the Compact shall impair 
or affect the constitutional authority of the United States or any of 
its powers, rights, functions, or jurisdiction under other existing or 
future legislation in and over the area or waters which are the subject 
716 
PUBLIC LAW 87-828~SEPT. 27, 1961 
[76 STAT. 
of the Compact including projects of the Commission: Provided^ 
That whenever a comprehensive plan, or any part or revision thereof, 
has been adopted with the concurrence of the member appointed by 
the President, the exercise of any powers conferred by law on any 
officer, agency or instrumentality of the United States with regard to 
water and related land resources in the Delaware Kiver Basin shall 
not substantially conflict with any such portion of such comprehensive 
plan and the provisions of Section 3.8 and Article 11 of the Compact 
shall be applicable to the extent necessary to avoid such substantial 
conflict: Provided further, That whenever the President shall find 
and determine that the national interest so requires, he may suspend, 
modify or delete any provision of the comprehensive plan to the extent 
that it affects the exercise of any powers, rights, functions, or juris-
diction conferred by law on any officer, agency or instrumentalitv of 
the United States other than the Commission. Such action shall be 
taken by executive order in which such finding and determination 
shall be set forth. 
2. For the purposes of paragraph 1 hereof, concurrence hy the 
member appointed by the President shall be presumed unless within 
60 days after notice to him of adoption of the comprehensive plan, or 
any part or revision thereof, he shall file with the Commission notice 
of his nonconcurrence. Each concurrence of the member appointed 
by the President in the adoption of the comprehensive plan or any 
part or revision thereof may be withdrawn by notice filed with the 
Commission at any time between the first and sixtieth day of the sixth 
year after the initial adoption of the comprehensive plan and of every 
sixth year thereafter. 
(t) In the event that any phrase, clause, sentence or provision of 
Section 1.4 of Article 1 of the Compact, is declared to be unconstitu-
tional under the constitution of any of the signatory parties, or the 
applicability thereof to any signatory party, agency or person is held 
invalid by a court of last resort of competent jurisdiction, the United 
States shall cease to be a party to the Compact, except to the extent 
that the President deems remaining a party necessary and proper to 
protect the national interest, and shall cease to be bound by the terms 
thereof. 
(u) All Acts or parts of Acts inconsistent with the provisions of this 
Act are hereby amended for the purpose of this Act to the extent 
^ 
necessary to carry out the provisions of this Act: Provided, however^ 
That no act of the Commission shall have the effect of repealing, 
modifying or amending any Federal law. 
EPFECTUATION 
15.2 (a) The President is authorized to take such action as may be 
necessary and proper, in his discretion, to effectuate the Compact and 
the initial organization and operation of the Commission tliereund.er. 
(b) Executive departments and other agencies of the executive 
branch of the Federal Government shall cooperate with and furnish 
appropriate assistance to the United States member. Such assistance 
shaU.include the furnishing of services and facilities and may include 
the detailing of personnel to the United States member. Appropria-
tions are hereby authorized as necessary for the carrying out of the 
functions of the United States member, including appropriations for 
the employment of personnel by the United States member. 
15.3 Effective Date: This Act shall take effect immediately. 
Approved September 27, 1&61.