Joint resolution granting the consent of Congress to the States of Maryland and West Virginia and the Commonwealths of Virginia and Pennsylvania and the District of Columbia, as signatory bodies, for certain amendments to the compact creating the Potomac Valley Conservancy District and establishing the Interstate Commission on the Potomac River Basin
PL 91-407 (S.J.Res.67), enacted 09/25/1970

856 
PUBLIC LAW 91-407-SEPT. 25, 1970 
[84 STAT. 
September 25, 1970 
[S. J. Res. 67] 
Public Law 91-407 
JOINT RESOLUTION 
(Granting the consent of Congress to the States of Maryland and West Virginia 
and the Commonwealths of Virginia and Pennsylvania and the District of 
Columbia, as signatory bodies, for certain amendments to the compact creating 
the Potomac Valley Conservancy District and establishing the Interstate 
Commission on the Potomac River Basin. 
33 u s e S67b. 
Compact for 
creation of 
Potomac Valley 
Conservancy Dis-
trict and Inter-
state Commission 
on the Potomac 
River Basin, 
amendment. 
Whereas, by Public Resolution Numbered 93, Seventy-sixth Congress, 
third session, approved July 11, 1940 (54 Stat. 748), Congress 
granted consent to the States of Maryland and West Virginia and 
the Commonwealths of Virginia and Pennsylvania and the District 
of Columbia, hereinafter designated signatory bodies, to enter 
into a compact for the creation of a Potomac Valley Conservancy 
District and the establishment of the Interstate Commission on the 
Potomac River Basin; and 
Whereas, all said signatory bodies have entered into said compact; and 
Whereas, all the said signatory bodies have adopted identical proposed 
amendments to said compact, for which they seek the consent of 
Congress, by virtue of which amendments said compact will read as 
follows: 
"COMPACT 
"WHEREAS, it is recognized that abatement of existing pollution 
and the control of future pollution of interstate streams can best 
be promoted through a joint agency representing the several 
states located wholly or in part within the area drained by any 
such interstate stream; and 
"WHEREAS, the Congress of the United States has given its 
consent to the States of Maryland and West Virginia, tlie Com-
monwealths of Pennsylvania and Virginia, and the District of 
Columbia to enter into a compact providing for the creation of 
a conservancy district to consist of the drainage basin of the 
Potomac river and the main and tributary streams therein, for 'the 
purpose of regulating, controlling, preventing, or otherwise ren-
dering unobjectionable and harmless the pollution of the waters of 
said Potomac drainage area by sewage and industrial and other 
wastes'; and 
"WHEREAS, the regulation, control and prevention of pollution 
is directly affected by the quantities of water in said streams and 
the uses to which such water may be put, thereby requiring inte-
gration and coordination of the planning for the development and 
use of the water and associated land resources through coopera-
tion with, and support and coordination of, the activities of Fed-
eral, State, local and private agencies, groups, and interests 
concerned with the development, utilization and conservation of 
the water and associated land resources of the said conservancy 
district; 
"Now, therefore, the States of Maryland and West Virginia, the 
("Commonwealths of Pennsylvania and Virginia, and the District 
of Columbia, hereinafter designated signatory bodies, do hereby 
create the Potomac Valley Conservancy District, hereinafter des-
ignated the Conservancy District, comprising all of the area 
drained by the Potomac River and its tributaries; and also, da 
hereby create, as an agency of each signatory body, the I n t e r ^ t e 
Commission on the Potomac River Basin, hereinafter designated 
the Commission, under the articles of organization as set forth 
below. 
O iH-Yi-
84 STAT. ] 
PUBLIC LAW 91-407-SEPT. 25, 1970 
857 
"ARTICLE I 
"The Interstate Commission on the Potomac River Basin shall 
consist of three members from each signatory body and three 
members appointed by the President of the United States. Said 
Commissioners, other than thoee appointed by the President, shall 
be chosen in a manner and for the terms provided by law of the 
signatory body from Vv'hich they are appointed and shall serve 
without compensation from the Commission but shall be paid by 
the Commission their actual expenses incurred and incident to the 
performance of their duties. 
"(A). The Commission shall meet and organize within thirty 
days after the effective date of this compact, shall elect from its 
number a chairman and vice-chairman, shall adopt suitable 
bylaws, shall make, adopt and promulgate such rules and regula-
tions as are necessary for its management and control, and shall 
adopt a seal. 
"(B). The Commission shall appoint and, at its pleasure, 
remove or discharge such officers and legal, engineering, clerical, 
exjiert and other assistants as may be required to carry the pro-
visions of this compact into effect, and shall determine tneir 
qualifications and fix their duties and compensation. Such person-
nel as may be employed shall be employed without regard to any 
civil service or other similar requirements for employees of any 
of the signatory bodies. The Commission may maintain one or 
more offices for the transaction of its business and may meet at any 
time or place within the area of the signatory bodies. 
"(C). The Commission shall keep accurate accounts of all 
receipts and disbursements and shall make an annual report 
thereof and shall in such report set forth in detail the operations 
and transactions conducted by it pursuant to this compact. The 
Commission, how^ever, shall not incur any obligations for admin-
istrative or other expenses prior to the making of appropriations 
adequate to meet the same nor shall it in anv way j)ledge the credit 
of any of the signatory bodies. Each of the signatory bodies 
reserves the right to make at any time an examination and audit 
of the accounts of the Commission. 
"(D). A quorum of the Commission shall, for the transaction 
of business, the exercise of any powers, or the performance of 
any duties, consist of at least six members of the Commission 
who shall represent at least a majority of the signatory bodies: 
Provided^ however^ That no action of the Commission relating 
to policy or stream classification or standards shall be bindiiig on 
any one of the signatory bodies unless at least two of the Com-
missioners from such signatory body shall vote in favor thereof. 
"ARTICLE I I 
"The Commission shall have the power: 
"(A). To collect, analyze, interpret, coordinate, tabulate, sum-
marize and distribute technical and other data relative to, and 
to conduct studies, sponsor research and prepare reports on, pol-
lution and other water problems of the Conservancy District. 
"(B). To cooperate with the legislative and administrative 
agencies of the signatory bodies, or the equivalent thereof, and 
with other commissions and Federal, local governmental and 
non-governmental agencies, organizations, groups and persons for 
the purpose of promoting uniform laws, rules or regulations for 
858 
PUBLIC LAW 91-407-SEPT. 25, 1970 
[84 STAT. 
the abatement and control of pollution of streams and the utiliza-
tion, conservation and development of the water and associated 
land resources in the said Conservancy District. 
"(C). To disseminate to the public information in relation to 
stream pollution problems and the utilization, conservation and 
development of the water and associated land resources of the 
Conservancy District and on the aims, views, purposes and rec-
ommendations of the Commission in relation thereto. 
"(D). To cooperate with, assist, and provide liaison for and 
among, public and non-public agencies and organizations con-
cerned with pollution and other water problems in the formula-
tion and coordination of plans, programs and other activities 
relating to stream pollution or to the utilization, conservation 
or development of water or associated land resources, and to 
sponsor cooperative action in connection with the foregoing. 
" ( E ) . In its discretion and at any time during or after the 
formulation thereof, to review and to comment upon any plan 
or program of any public or private agency or organization 
relating to stream pollution or the utilization, conservation or 
development of water or associated land resources. 
"(F) (1). To make, and, if needful from time to time, revise 
and recommend to the signatory bodies, reasonable minimum 
standards for the treatment of sewage and industrial or other 
wastes now discharged or to be discharged in the future to the 
streams of the Conservancy District, and also for cleanliness of 
the various streams in the Conservancy District. 
"(2). To establish reasonable physical, chemical and bacterio-
logical standards of water quality satisfactory for various classi-
fications of use. It is agreed that each of the signatory bodies 
through appropriate agencies will prepare a classification of its 
interstate waters in the District in entirety or by portions accord-
ing to present and proposed highest use, and for this purpose 
technical experts employed by appropriate state water pollution 
control agencies are authorized to confer on questions relating to 
classification of interstate waters affecting two or more states. 
Each signatory body agrees to submit its classification of its inter-
state waters to the Commission with its recommendations thereon. 
"The Commission shall review such classification and recom-
mendations and accept or return the same with its comments. In 
the event of return, the signatory body will consider the com-
ments of the Commission and resubmit the classification proposal, 
with or without amendment, with any additional comments for 
further action by the Commission. 
"It is agreed that after acceptance of such classification, the 
signatory body through its appropriate state water pollution 
control agencies will work to establish programs of treatment of 
sewage and industrial wastes which will meet or exceed standards 
established by the Commission for classified waters. The Commis-
sion may from time to time make such changes in definitions of 
classifications and in standards as may be required by changed 
conditions or as may be necessary for uniformity and in a manner 
similar to that in which these standards and classifications were 
originally established. 
'ut is recognized, owing to such variable factors as location, size, 
character and flow and the many varied uses of the waters subject 
to the terms of this compact, that no single standard of sewage 
and waste treatment and no single standard of quality of receiving 
waters is practical and that the degree of treatment of sewage and 
84 STAT. ] 
PUBLIC LAW 91-407-SEPT. 25, 1970 
859 
industrial wastes should take into account the classification of the 
receiving waters according to present and proposed highest use, 
such as for drinking water supply, bathing and other recreational 
purposes, maintenance and propagation of fish life, industrial and 
agricultural uses, navigation and disposal of wastes. 
"ARTICLE I I I 
"For the purpose of dealing with the problems of pollution and 
of water and associated land resources in specific areas which 
directly affect two or more, but not all, signatory bodies, the Com-
mission may establish Sections of the Commission consisting of 
the Commissioners from such affected signatory bodies: Provided^ 
however^ That no signatory body may be excluded from any Sec-
tion in which it wishes to participate. The Commissioners 
appointed hj the President of the United States may participate 
in any Section. The Commission shall designate, and from time 
to time may change, the geographical area wath respect to which 
each Section shall function. Each Section shall, to such extent as 
the Commission may from time to time authorize, have authority 
to exercise and perform with respect to its designated geographi-
cal area any power or function vested in the Commission, and in 
addition may exercise such other powers and perform such func-
tions as may be vested in such Section by the laws of any signatory 
body or by the laws of the United States. The exercise or perform-
ance by a Section of any power or function vested in the Commis-
sion may be financed by the Commission, but the exercise or 
performance of powders or functions vested solely in a Section 
shall be financed through funds provided in advance by the 
bodies, including the United States, participating in such Section. 
"ARTICLE IV 
"The moneys necessary to finance the Commission in the admin-
istration of its business in the Conservancy District shall be pro-
vided through appropriations from the signatory bodies and the 
United States, in the manner prescribed by the laws of the several 
signatory bodies and of the United States, and in amounts as 
follows: 
"The pro rata contributions shall be based on such factors as 
population; the amount of industrial and domestic pollution; and 
a flat service charge; as shall be determined from time to time by 
the Commission, subject, however, to the approval, ratification 
and appropriation of such contribution by the several signatory 
bodies. 
"ARTICLE V 
"Pursuant to the aims and purposes of this compact, the signa-
tory bodies mutually agree: 
"1. Faithful cooperation in the abatement of existing pollu-
tion and the prevention of future pollution in the streams of the 
Conservancy District and in planning for the utilization, con-
servation and development of the water and associated land 
resources thereof. 
"2. The enactment of adequate and, insofar as is practicable, 
uniform legislation for the abatement and control of pollution 
and control and use of such streams. 
"3. The appropriation of biennial sums on the proportionate 
basis as set forth in Article IV. 
860 
PUBUC LAW 91-40a-SEPT. 25, 1970 
[84 STAT. 
Consent of 
Congress. 
"ARTICLE VI 
"This compact shall become effective immediately after it shall 
have been ratified by the majority of the legislature of the States 
of Maryland and West Virginia, the Commonwealths of Pennsyl-
vania and Virginia, and by the Commissioner of the District of 
Columbia, and approval by the Congress of the LTnited States: 
Provided^ however. That this compact shall not be effective as 
to any signatory body until ratified thereby. 
"ARTICLE VII 
"Any signatory body may, by legislative act, after one year's 
notice to the Commission, withdraw from this compact." 
Now, therefore, be it 
Resolved hy the Senate and House of Representatives 
of the United 
States of America in Congress assembled, Tnat the consent of Congress 
is hereby given to the States of Maryland and West Virginia and the 
Commonwealths of Virginia and Pennsylvania and the District of 
Columbia to adopt the aforementioned amendments and enter into 
the amended compact hereinbefore recited and every part and article 
thereof: Provided, That nothing contained in such amended compact 
shall be construed as impairing or in any manner affecting any right or 
jurisdiction of the United States in and over the region which forms 
the subject of this compact: And provided further, That the consent 
herein given does not extend to section (F) (2) of article I I of the 
amended compact. 
SEC. 2. The Commissioner of the District of Columbia is authorized 
to enter into, on behalf of the District of Columbia, the amended com-
pact hereinbefore recited. 
SEC. 3. The right to alter, amend, or repeal this joint resolution is 
hereby expressly reserved. 
Approved September 25, 1970. 
Public Law 91-408 
September 25, 1970 
[S. 2882] 
AN ACT 
To amend Public Law 394, Eighty-fourth Congress, to authorize the construction 
of supplemental irrigation facilities for the Yuma Mesa Irrigation District, 
Arizona. 
Yuma Mesa Ir-
rigation District, 
Ariz. 
Supplemental 
facilities. 
33 u s e 466 
note. 
Be it enacted by the Senate and House of Representatives 
of the 
United States of America in Congress assembled. That section 2 of 
the Act of January 28,1956 (70 Stat. 5, Public Law 394, Eighty-fourth 
Congress), is amended by inserting after the word "buildings" the 
words "and irrigation works and facilities". 
SEC. 2. Section 4 of the Act of January 28, 1956, is amended by 
changing the period at the end thereof to a comma and adding "but 
the contract executed on or prior to such date may be amended to 
include works authorized after such date by amendments to section 2." 
The Yuma-Mesa division shall be operated in such manner that identi-
fiable return flows of water will not cause the Colorado River stream 
system to be in violation of water quality standards promulgated 
pursuant to the Water Quality Act of 1965 (79 Stat. 903). 
Approved September 25, 1970.