NY Env Conserv L § 21-1301 (2021)
2021 New York Laws ENV - Environmental Conservation Article 21 - Pollution Control Compacts Title 13 - Susquehanna River Basin Compact 21-1301 - Susquehanna River Basin Compact.

§ 21-1301. Susquehanna river basin compact.   The  Susquehanna river basin compact as first entered into pursuant to chapter 785 of the laws of 1967, is hereby continued as follows:                 SUSQUEHANNA RIVER BASIN COMPACT Preamble Whereas the signatory parties hereto recognize the  water  resources  of the Susquehanna River Basin as regional assets vested with local, state, and  national  interest  for which they have a joint responsibility; and declare as follows:   1. The conservation, utilization, development, management, and control of  the  water  resources  of  the   Susquehanna   River   Basin   under comprehensive multiple purpose planning will bring the greatest benefits and produce the most efficient service in the public interest; and   2.  This  comprehensive  planning  administered by a basin-wide agency will provide flood damage reduction,  conservation  and  development  of surface   and   ground  water  supply  for  municipal,  industrial,  and agricultural uses, development of recreational facilities in relation to reservoirs, lakes and streams, propagation of fish and  game,  promotion of  forest  land  management, soil conservation, and watershed projects, protection and aid to  fisheries,  development  of  hydroelectric  power potentialities,  improved  navigation,  control  of the movement of salt water, abatement and control  of  water  pollution,  and  regulation  of stream flows toward the attainment of these goals; and   3.  The  water  resources  of  the  basin are presently subject to the duplicating, overlapping, and uncoordinated administration  of  a  large number  of governmental agencies which exercise a multiplicity of powers resulting in a splintering of authority and responsibility; and   4. The Interstate Advisory Committee on the Susquehanna  River  Basin, created by action of the states of New York, Pennsylvania, and Maryland, on the basis of its studies and deliberation has concluded that regional development  of  the Susquehanna River Basin is feasible, advisable, and urgently needed, and has recommended that an  intergovernmental  compact with Federal participation be consummated to this end; and   5.  The  Congress of the United States and the executive branch of the Federal  government  have  recognized  a  national   interest   in   the Susquehanna  River  Basin  by  authorizing  and  directing  the Corps of Engineers of the Department of the Army, the Department of  Agriculture, the  Department  of  Health,  Education  and  Welfare, the Department of Interior,  and  other  Federal   agencies   to   cooperate   in   making comprehensive  surveys and reports concerning the water resources of the Susquehanna River Basin in which individually or severally the technical aid and  assistance  of  many  Federal  and  state  agencies  have  been enlisted,  and  which  are  being  or  have  been  coordinated through a Susquehanna River Basin Study Coordinating Committee on which the  Corps of   Engineers  of  the  Department  of  the  Army,  the  Department  of Agriculture, the Department  of  Commerce,  the  Department  of  Health, Education  and  Welfare,  the  Department of Interior, the Department of Housing and Urban Development  and  its  predecessor  Housing  and  Home Finance  Agency,  the  Federal  Power  Commission, and the States of New York, Pennsylvania, and Maryland are or were represented; and   6. Some three million people live and work in  the  Susquehanna  River Basin  and  its  environs, and the government, employment, industry, and economic development of the entire region and the  health,  safety,  and general  well  being  of  its  population  are  and  will continue to be affected  vitally  by  the   conservation,   utilization,   development, management, and control of the water resources of the basin; and   7. Demands upon the water resources of the basin are expected to mount because  of  anticipated  increases  in  population  and  by  reason  of industrial and economic growth of the basin and its service area; and    8. Water resources planning and development  are  technical,  complex, and  expensive,  often  requiring  fifteen  to  twenty  years  from  the conception to the completion of large or extensive projects; and   9.  The  public  interest  requires  that facilities must be ready and operative when and where needed, to  avoid  the  damages  of  unexpected floods or prolonged drought, and for other purposes; and   10.  The  Interstate Advisory Committee on the Susquehanna River Basin has prepared a draft of an intergovernmental compact for the creation of a basin agency, and the  signatory  parties  desire  to  effectuate  the purposes thereof; Now therefore   The   States  of  New  York  and  Maryland  and  the  Commonwealth  of Pennsylvania, and the United States of America hereby solemnly  covenant and  agree with each other, upon the enactment of concurrent legislation by the Congress of  the  United  States  and  by  the  respective  state legislatures,  to  the Susquehanna River Basin Compact which consists of this Preamble and the Articles that follow.      ARTICLE 1--SHORT TITLE, DEFINITIONS, PURPOSES, AND LIMITATIONS   Section 1.1. Short Title.   This compact shall be known and may be cited as the Susquehanna  River Basin Compact.   1.2 Definitions.   For  the  purposes  of  this  compact,  and  of  any  supplemental  or concurring legislation enacted pursuant to it:   1. "Basin" shall mean the area of drainage of  the  Susquehanna  River and  its  tributaries  into  Chesapeake  Bay to the southern edge of the Pennsylvania Railroad bridge  between  Harve  de  Grace  and  Perryvile, Maryland.   2.  "Commission"  shall  mean  the  Susquehanna River Basin Commission hereby created, and the term "Commissioner" shall mean a member  of  the commission.   3. "Cost" shall mean direct and indirect expenditures, commitment, and net  induced  adverse  effects,  whether or not compensated for, used or incurred   in   connection   with   the   establishment,    acquisition, construction, maintenance, and operation of a project.   4.  "Diversion"  shall  mean  the  transfer  of water into or from the basin.   5. "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  or  otherwise including, without limiting the generality of the foregoing, any and all things  and  appurtenances  necessary,  useful,  or  convenient  for the control, collection, storage, withdrawal, diversion, release, treatment, transmission, sale, or exchange of water; or for navigation thereon,  or the  development  and  use of hydroelectric energy and power, and public recreational facilities; of the propagation of fish and wildlife; or  to conserve and protect the water resources of the basin or any existing or future  water  supply  source, or to facilitate any other uses of any of them.   6. "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.   7.  "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 by the commission or otherwise within a specified area, for  the  conservation,  utilization,  control,  development,  or  management  of  water resources which can be established and utilized independently or as an addition to an  existing facility  and  can  be  considered  as a separate entity for purposes of evaluation.   8.  "Signatory party" shall mean a state or commonwealth party to this compact, or the Federal government.   9. "Waters" shall mean both surface and underground waters  which  are contained  within  the  drainage  area  of  the Susquehanna River in the states of New York, Pennsylvania, and Maryland.   10. "Water resources" shall include all  waters  and  related  natural resources within the basin.   11.  "Withdrawal"  shall  mean  a  taking or removal of water from any source within the basin for use within the basin.   12. "Person"  shall  mean  an  individual,  corporation,  partnership, unincorporated  association,  and the like and shall have no gender, and the singular shall include the plural.   1.3 Purpose and Findings.   The legislative bodies of the respective signatory parties hereby find and declare:   1. The water resources of the Susquehanna  River  Basin  are  affected with  a local, state, regional, and national interest, and the planning, conservation, utilization, development, management, and control of these resources,  under   appropriate   arrangements   for   intergovernmental cooperation, are public purposes of the respective signatory parties.   2.  The  water  resources  of  the  basin are subject to the sovereign rights and responsibilities of the signatory  parties,  and  it  is  the purpose  of this compact to provide for a joint exercise of these powers of sovereignty in the common interest of the people of the region.   3. The water resources of the basin are functionally interrelated, and the uses of these resources are interdependent. A single  administrative agency  is  therefore  essential for effective and economical direction, supervision, and coordination of water resources efforts and programs of federal, state, and local governments and of private enterprise.   4.  Present  and  future  demands  require  increasing  economies  and efficiencies  in  the use and reuse of water resources, and these can be brought  about  only  by  comprehensive   planning,   programming,   and management under the direction of a single administrative agency.   5.  In general, the purposes of this compact are to promote interstate comity; to remove causes of possible controversy;  to  make  secure  and protect 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 and  coordinated  planning  and  action  by  the  signatory parties with respect to water resources; and to apply  the  principle  of  equal  and uniform  treatment to all users of water and of water related facilities without regard to political boundaries.   6. It is  the  express  intent  of  the  signatory  parties  that  the commission  shall engage in the construction, operation, and maintenance of a project only when the project is necessary to the execution of  the comprehensive  plan  and  no  other competent agency is in a position to act, or such agency fails to act.   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 navigable  waters  within  the  basin  nor shall  any  provisions  hereof  be construed in derogation of any of the constitutional powers of the Congress to  regulate  commerce  among  the states  and with foreign nations. The power and right of the Congress to  withdraw the Federal government as a party to this compact or to  revise or  modify  the  terms,  conditions,  and  provisions under which it may remain a party by amendment, repeal,  or  modification  of  any  Federal statute applicable hereto is recognized by the signatory parties.   1.5 Duration of Compact.  (a)  The  duration  of this compact shall be for an intitial period of 100 years from its  effective  date,  and  it  shall  be  continued  for additional  periods of 100 years if not less than 20 years nor more than 25 years  prior  to  the  termination  of  the  initial  period  or  any succeeding  period  none of the signatory states, by authority of an act of its legislature, notifies the commission of  intention  to  terminate the compact at the end of the then current 100-year period.  (b)  In  the  event  this compact should be terminated by operation of paragraph (a) above, the commission shall be dissolved, its  assets  and liabilities transferred in accordance with the equities of the signatory parties  therein,  and its corporate affairs wound up in accordance with agreement of the signatory parties or, failing agreement, by act of  the Congress.                     ARTICLE 2--ORGANIZATION AND AREA   Section 2.1 Commission Created.   The  Susquehanna  River  Basin  Commission is hereby created as a body politic and corporate, with succession for the duration of this compact, as an agency and instrumentality of the governments  of  the  respective signatory parties.   2.2 Commission Membership.   The members of the commission shall be the governor or the designee of the  governor of each signatory state, to act for him, and one member to be appointed by the President of the  United  States  to  serve  at  the pleasure of the President.   2.3 Alternates.   An  alternate  from  each  signatory  party  shall be appointed by its member of the commission unless otherwise provided by the  laws  of  the signatory  party.  The  alternate,  in  the absence of the member, shall represent the member and act for him. In the event of a vacancy  in  the office  of  alternate,  it  shall  be  filled  in the same manner as the original appointment.   2.4 Compensation.   Members  of  the  commission  and  alternates  shall   serve   without compensation  from  the  commission  but may be reimbursed for necessary expenses incurred in and incident to the performance of their duties.   2.5 Voting Power.   Each member is entitled to one vote. No action of the  commission  may be taken unless three of the four members vote in favor thereof.   2.6 Organization and Procedure.   The  commission  shall provide for its own organization and procedure, and shall adopt the rules and regulations  governing  its  meetings  and transactions.  It  shall organize annually by the election of a chairman and vice-chairman from among its members. It shall provide by its  rules for  the  appointment  by each member in his discretion of an advisor to serve without compensation from  the  commission,  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.  Outside  the  basin, the  commission  shall  act  at  its  discretion, but only to the extent necessary to implement its responsibilities within the basin, and  where necessary  subject  to  the  consent of the state wherein it proposes to act.               ARTICLE 3--POWERS AND DUTIES OF THE COMMISSION   Section 3.1 General.   The  Commission  shall  develop  and  effectuate  plans, policies, and projects relating to the water resources of the basin.  It  shall  adopt and  promote  uniform  and  coordinated  policies  for  water  resources conservation and management in the basin. It shall encourage and  direct the planning, development, operation, and subject to applicable laws the financing  of  water  resources  projects  according  to  such plans and policies.   3.2 Policy.   It is the policy of the signatory parties to preserve and utilize  the functions,  powers,  and  duties of the existing offices and agencies of government  to  the  extent  consistent  with  this  compact,  and   the commission  is  directed  to  utilize those offices and agencies for the purposes of this compact.   3.3 Comprehensive Plan, Program and Budgets.   The commission in accordance with Article 14 of  this  compact,  shall formulate and adopt:   1.  A  comprehensive  plan,  after consultation with appropriate water users and interested public bodies for  the  immediate  and  long  range development and use of the water resources of the basin;   2. A water resources program, based upon the comprehensive plan, which shall  include  a systematic presentation of the quantity and quality of water resources needs of the area  to  be  served  for  such  reasonably foreseeable period as the commission may determine, balanced by existing and  proposed  projects  required  to  satisfy such needs, including all public and  private  projects  affecting  the  basin,  together  with  a separate  statement  of  the  projects  proposed to be undertaken by the commission during such period; and   3. An annual current expense  budget  and  an  annual  capital  budget consistent  with  the commission's program, projects, and facilities for the budget period.   3.4 Powers of Commission.   The commission may:   1. Plan,  design,  acquire,  construct,  reconstruct,  complete,  own, improve,  extend,  develop,  operate, and maintain any and all projects, facilities, properties, activities, and services which are determined by the commission to be necessary, convenient, or useful for  the  purposes of this compact.   2.  Establish  standards  of  planning,  design,  and operation of all projects and facilities in the basin to the  extent  they  affect  water resources,  including without limitation thereto water, sewage and other waste treatment plants and facilities,  pipelines,  transmission  lines, stream   and   lake  recreational  facilities,  trunk  mains  for  water distribution,  local  flood  protection  works,   watershed   management programs, and ground water recharging operations.   3. Conduct and sponsor research on water resources and their planning, use, conservation, management, development, control, and protection, and the  capacity,  adaptability, and best utility of each facility thereof, and collect, compile, correlate, analyze, report, and interpret data  on water  resources  and  uses  in  the basin, including without limitation thereto the relation of  water  to  other  resources,  industrial  water technology,  ground  water  movement,  relation  between water price and water demand  and  other  economic  factors,  and  general  hydrological conditions.   4.  Collect, compile, coordinate, and interpret systematic surface and ground water data, and publicize such information when and as needed for water uses, flood warning, quality maintenance, or other purposes.    5.  Conduct  ground  and  surface  water  investigations,  tests,  and operations,  and  compile  data  relating  thereto as may be required to formulate and administer the comprehensive plan.   6.   Prepare,   publish,   and  disseminate  information  and  reports concerning the water problems of the basin and for the  presentation  of the  needs  and resources of the basin and policies of the commission to executive and legislative branches of the signatory parties.   7. Negotiate loans, grants, gifts, 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  receive  and accept them upon terms and conditions, and subject to provisions, as may be  required  by  Federal  or  state  law  or as the commission may deem necessary or desirable.   8. Exercise such other and different powers as may be delegated to  it by  this compact or otherwise pursuant to law, and have and exercise all powers necessary or convenient to carry out its express powers and other powers which reasonably may be implied therefrom.   9. Adopt, amend, and repeal rules and regulations  to  implement  this compact.   3.5 Duties of the Commission.   The commission shall:   1.  Develop  and  effectuate plans, policies, and projects relating to water resources, adopt, promote, and coordinate policies  and  standards for  water resources conservation, control, utilization, and management, and promote and implement the planning, development,  and  financing  of water resources projects.   2.  Undertake  investigations,  studies,  and  surveys,  and  acquire, construct, operate, and maintain projects and facilities  in  regard  to the  water resources of the basin, whenever it is deemed necessary to do so to activate or effectuate any of the provisions of this compact.   3. Administer, manage, and control  water  resources  in  all  matters determined  by  the  commission  to be interstate in nature or to have a major effect on the water resources and water resources management.   4.  Assume  jurisdiction  in  any  matter  affecting  water  resources whenever  it  determines after investigation and public hearing upon due notice given, that the effectuation of the  comprehensive  plan  or  the implementation of this compact so requires. If the commission finds upon subsequent  hearing  requested  by  an affected signatory party that the party will take the necessary  action,  the  commission  may  relinquish jurisdiction.   5. Investigate and determine if the requirements of the compact or the rules  and  regulations  of  the  commission  are  complied with, and if satisfactory progress has not been made, institute an action or  actions in  its own name in any state or federal court of competent jurisdiction to compel compliance with any and all of the provisions of this  compact or  any  of the rules and regulations of the commission adopted pursuant thereto. An action shall be instituted in the name of the commission and shall be conducted by its own counsel.   3.6 Cooperative Legislation and Further Jurisdiction.  (a) Each of the signatory parties agrees that it will  seek  enactment of  such  additional  legislation  as  will  be  required  to enable its officers, departments, commissions, boards,  and  agents  to  accomplish effectively  the  obligations and duties assumed under the terms of this compact.  (b) Nothing in the compact shall be construed to  repeal,  modify,  or qualify the authority of any signatory party to enact any legislation or enforce   any   additional   conditions   and  restrictions  within  its jurisdiction.    3.7 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:   1.  Advise,  consult,  contract,  financially  assist,  or   otherwise cooperate with any and all such agencies;   2.  Employ any other agency or instrumentality of any of the signatory parties  or  of  any  political  subdivision  thereof,  in  the  design, construction,   operation,   and  maintenance  of  structures,  and  the installation and management of river control systems, or for  any  other purpose;   3.  Develop  and  adopt  plans and specifications for particular water resources projects and facilities which so far as  consistent  with  the comprehensive  plan  incorporate  any separate plans of other public and private  organizations  operating  in  the   basin,   and   permit   the decentralized administration thereof;   4.  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.   3.8 Allocations, Diversions, and Releases.  (a) The commission shall have power from time  to  time  as  the  need appears,  to  allocate  the  waters of the basin to and among the states signatory to this compact and impose  related  conditions,  obligations, and release requirements.  (b)  The  commission  shall  have  power from time to time as the need appears to enter into agreements with other river basin  commissions  or other  states  with  respect  to  in-basin and out-of-basin allocations, withdrawals, and diversions.  (c) No allocation of  waters  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. This subsection shall  not be deemed to limit or restrict the power of the commission to enter into covenants  with  respect  to water supply, with a duration not exceeding the life of this compact, as it may deem necessary for  the  benefit  or development of the water resources of the basin.   3.9 Rates and Charges.   The commission, from time to time after public hearing upon due notice given may fix, alter, and revise rates, rentals, charges, and tolls, and classifications   thereof,   without   regulation   or  control  by  any department, office, or agency of any signatory party,  for  the  use  of facilities  owned  or operated by it, and any services or products which it provides.   3.10 Referral and Review.   No projects affecting the water resources of the basin,  except  those not  requiring  review  and approval by the commission under paragraph 3 following, shall be undertaken by any person, governmental authority  or other  entity  prior  to submission to and approval by the commission or appropriate agencies of the signatory parties for review.   1. All water resources projects for which a permit or  other  form  of permission to proceed with construction or implementation is required by legislative  action  of a signatory party or by rule or regulation of an office or agency of a signatory  party  having  functions,  powers,  and duties  in  the  planning,  conservation,  development,  management,  or control of water resources shall  be  submitted  as  heretofore  to  the  appropriate  office  or  agency  of  the  signatory party for review and approval. To assure that the commission  is  apprised  of  all  projects within  the  basin, monthly reports and listings of all permits granted, or  similar  actions  taken,  by  offices  or  agencies of the signatory parties shall be submitted to the commission in a manner  prescribed  by it.   Those  projects which also require commission approval pursuant to the provisions of paragraphs 2(ii) and 2(iii) following shall  be  submitted to the commission through appropriate offices or agencies of a signatory party,  except that, if no agency of a signatory party has jurisdiction, such projects shall be submitted directly  to  the  commission  in  such manner as the commission shall prescribe.   2.  Approval  of the commission shall be required for, but not limited to, the following:  (i) All projects on or crossing the boundary between any two signatory states;  (ii) Any project involving the diversion of water;  (iii) Any project within the boundaries of any signatory  state  found and  determined  by the commission or by any agency of a signatory party having functions, powers, and  duties  in  the  planning,  conservation, development,  management,  or  control  of  water  resources  to  have a significant effect on water resources within  another  signatory  state; and  (iv)  Any  project  which  has  been included by the commission, after hearing, as provided in Article 14, Section  14.1,  as  a  part  of  the commission's  comprehensive  plan  for  the  development  of  the  water resources of the basin, or which would have a  significant  effect  upon the plan.   3. Review and approval by the commission shall not be required for:  (i)  Projects  which fall into an exempt classification or designation established by legislative action of a signatory party  or  by  rule  or regulation of an office or agency of a signatory party having functions, powers,   and   duties   in  the  planning,  conservation,  development, management, or  control  of  water  resources.  The  sponsors  of  those projects are not required to obtain a permit or other form of permission to  proceed with construction or implementation, unless it is determined by the commission or by the  agency  of  a  signatory  party  that  such project  or  projects  may  cause  an adverse, adverse cumulative, or an interstate effect on water resources  of  the  basin,  and  the  project sponsor  has been notified in writing by the commission or by the agency of a signatory party that commission approval is required.  (ii) Projects which are classified by the commission as not  requiring its view and approval, for so long as they are so classified.   4.  The  commission  shall approve a project if it determines that the project is not detrimental  to  the  proper  conservation,  development, management,  or  control  of  the  water  resources of the basin and may modify and approve as modified, or may disapprove  the  project,  if  it determines  that  the  project  is  not  in  the  best  interest  of the conservation, development, management, or control of the  basin's  water resources, or is in conflict with the comprehensive plan.   5.  The commission, after consultation with the appropriate offices or agencies of the signatory parties,  shall  establish  the  procedure  of submission,  review,  and  consideration  of projects. Any procedure for review and approval of diversions of water shall include public  hearing on  due  notice given with opportunity for interested persons, agencies, governmental units, and signatory parties to be  heard  and  to  present evidence.  A complete transcript of the proceedings at the hearing shall  be made and preserved, and it shall be made available  under  rules  for that purpose adopted by the commission.   6. Any determination of the commission pursuant to this article or any article of the compact providing for judicial review shall be subject to such  judicial  review  in any court of competent jurisdiction, provided that an action or proceeding or for such review is commenced  within  90 days from the effective date of the determination sought to be reviewed; but  a  determination  of  the  commission concerning a diversion, under Section 3.10-2(ii) with the claimed effect of reducing  below  a  proper minimum  the  flow of water in that portion of the basin within the area of a signatory party, shall be subject  to  judicial  review  under  the particular provisions of paragraph 7 below.   7.  Any  signatory  party deeming itself aggrieved by an action of the commission concerning a diversion  under  Section  3.10-2(ii)  with  the claimed  effect  of reducing below a proper minimum the flow of water in that portion of the basin which lies within the area of  that  signatory party, and notwithstanding the powers provided to the commission by this compact, may have review of commission action approving the diversion in the  Supreme  Court of the United States; provided that a proceeding for such review is commenced within one year from the date of action  sought to  be  reviewed. Any such review shall be on the record made before the commission. The action of the commission shall be affirmed,  unless  the court finds that it is not supported by substantial evidence.   3.11 Advisory Committees.   The commission may constitute and empower advisory committees.                          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  industrial  water  supply.  To this end, without limitation thereto, it  may  provide  for,  construct,  acquire, operate,  and  maintain  dams,  reservoirs,  and  other  facilities  for utilization of surface and  ground  water  resources,  and  all  related structures,   appurtenances,   and   equipment  on  the  river  and  its tributaries and at such off-river sites as it may find appropriate,  and may regulate and control the use thereof.   4.2 Storage and Release of Waters.  (a)  The  commission  shall have power to acquire, construct, operate, and control projects and facilities  for  the  storage  and  release  of waters,  for the regulation of flows and supplies of surface, and ground waters of the basin, for the protection of public health, stream quality control, economic development,  improvement  of  fisheries,  recreation, dilution  and  abatement of pollution, the prevention of undue salinity, and other purposes.  (b) No signatory party shall permit any augmentation  of  flow  to  be diminished  by the diversion of any water of the basin during any period in which waters are being released from storage under the  direction  of the  commission for the purpose of augmenting such flow, except in cases where the diversion is authorized by this compact, or by the  commission pursuant  thereto,  or  by  the judgment, order, or decree of a court of competent jurisdiction.   4.3 Assessable Improvements.   The commission may provide water management and regulation in the main stream or any tributary  in  the  basin  and,  in  accordance  with  the procedures  of  applicable  state laws, may assess on an annual basis or otherwise the cost thereof upon water users  or  any  classification  of them  specially  benefited thereby to a measurable extent, provided that no such assessment shall exceed the actual benefit to  any  water  user.  Any  such  assessment  shall  follow the procedure prescribed by law for local improvement assessments and shall be  subject  to  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 business of distributing water.              ARTICLE 5--WATER QUALITY MANAGEMENT AND CONTROL   Section 5.1 General Powers.  (a) The commission  may  undertake  or  contract  for  investigations, studies,  and  surveys  pertaining to existing water quality, effects of varied actual or projected operations on water  quality,  new  compounds and  materials  and  probable  future  water  quality  in the basin. The commission may receive, expend, and administer  funds,  Federal,  state, local,  or  private  as  may  be  available to carry out these functions relating to water quality investigations.  (b) The commission  may  acquire,  construct,  operate,  and  maintain projects  and facilities for the management and control of water quality in the basin whenever the commission  deems  necessary  to  activate  or effectuate any of the provisions of this compact.   5.2 Policy and Standards.  (a)  In  order  to conserve, protect, and utilize the water quality of the basin in accordance with the best interests of  the  people  of  the basin  and  the  states,  it  shall  be  the policy of the commission to encourage and  coordinate  the  efforts  of  the  signatory  parties  to prevent,  reduce, control, and eliminate water pollution and to maintain water quality as required by the comprehensive plan.  (b) The legislative  intent  in  enacting  this  article  is  to  give specific  emphasis  to  the  primary role of the states in water quality management and control.  (c) The commission  shall  recommend  to  the  signatory  parties  the establishment,  modification,  or  amendment of standards of quality for any waters of the basin in relation to their  reasonable  and  necessary use as the commission shall deem to be in the public interest.  (d) The commission shall encourage cooperation and uniform enforcement programs  and  policies  by  the  water  quality control agencies of the signatory parties in meeting the water quality standards established  in the comprehensive plan.  (e)  The  commission  may  assume  jurisdiction whenever it determines after investigation and public hearing upon due notice  given  that  the effectuation   of   the  comprehensive  plan  so  requires.  After  such investigation, notice, and hearing, the commission may adopt such rules, regulations, and water quality standards as may be required to preserve, protect, improve, and develop the quality of the waters of the basin  in accordance with the comprehensive plan.   5.3 Cooperative Administration and Enforcement.  (a)  Each  of  the  signatory  parties  agrees to prohibit and control pollution 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 waters of  the basin.  (b)  The  commission  shall  have  the  authority  to  investigate and determine if the requirements of the compact or the rules,  regulations, and  water  quality standards of the commission are complied with and if satisfactory progress has not been made,  may  institute  an  action  or actions  in  its  own  name  in  the proper court or courts of competent jurisdiction to compel compliance with any and all of the provisions  of this  compact  or  any  of  the  rules,  regulations,  and water quality standards of the commission adopted pursuant thereto.   5.4 Further Jurisdiction.   Nothing in this compact shall  be  construed  to  repeal,  modify,  or qualify the authority of any signatory party to enact any legislation or enforce  any additional conditions and restrictions to lessen or prevent the pollution of waters within its jurisdiction.                        ARTICLE 6--FLOOD PROTECTION   Section 6.1 Flood Control Authority.   The commission may plan, design, construct, and operate  and  maintain projects  and facilities it deems necessary or desirable for flood plain development and flood damage reduction. It shall have power  to  operate such facilities and to store and release waters of the Susquehanna River and  its  tributaries and elsewhere within the basin, in such manner, at such times, and under  such  regulations  as  the  commission  may  deem appropriate to meet flood conditions as they may arise.   6.2 Regulation.  (a)  The  commission  may study and determine the nature and extent of the flood plains of the Susquehanna River and its tributaries. Upon  the basis  of  the  studies,  it  may  delineate  area  subject to flooding, including but not limited to a classification of lands with reference to relative risk of flooding and the establishment of standards  for  flood plain  use  which  will  promote  economic development and safeguard the public health, welfare, safety, and property. Prior to the  adoption  of any  standards  delineating the area or defining the use, the commission shall hold  public  hearings  with  respect  to  the  substance  of  the standards  in  the manner provided by Article 15. The proposed standards shall be available from the commission at the time notice is given,  and interested  persons shall be given an opportunity to be heard thereon at the hearings.  (b) The commission shall have power to promulgate, adopt,  amend,  and repeal  from time to time as necessary, standards relating to the nature and extent of the uses of land in areas subject to flooding.  (c) In taking action pursuant to subsection (b) of this section and as a prerequisite thereto, the commission  shall  consider  the  effect  of particular  uses of the flood plain in question on the health and safety of persons and  property  in  the  basin,  the  economic  and  technical feasibility  of measures available for the development and protection of the flood plain, and the responsibilities, if any, of local, state,  and federal  governments connected with the use or proposed use of the flood plain in question. The commission shall regulate the use  of  particular flood plains in the manner and degree it finds necessary for the factors enumerated in this subsection, but only with the consent of the affected signatory  state,  and shall suspend such regulation when and so long as the signatory party  or  parties  or  political  subdivision  possessing jurisdiction  have  in  force applicable laws which the commission finds give adequate protection for the purpose of this section.  (d) In order to conserve, protect, and utilize the  Susquehanna  River and  its tributaries in accordance with the best interests of the people of the basin and the signatory parties, it shall be the  policy  of  the  commission  to  encourage  and  coordinate  the efforts of the signatory parties to control modification of the  river  and  its  tributaries  by encroachment.   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 regulating the use or types of construction of such property to minimize the flood hazard, convert the property to uses or types of construction  appropriate  to  flood  plain  conditions,  or prevent  constrictions  or  obstructions  that reduce the ability of the river channel and flood plain to carry flood water.   6.4 Existing Structures.   No rule or regulation issued by the commission pursuant to this  shall be  construed  to  require the demolition, removal, or alteration of any structure in place or under construction prior to the issuance  thereof, without   the  payment  of  just  compensation  therefor.  However,  new construction or any addition to or alteration in any existing  structure made or commenced subsequent to the issuance of such rule or regulation, or amendment, shall conform thereto.   6.5 Police Powers.   The regulation of use of flood plain lands is within the police powers of  the  signatory  states  for  the protection of public health and the safety of the people and their property and shall not be deemed a taking of land or lands for which compensation shall  be  paid  to  the  owners thereof.   6.6 Cooperation.   Each  of the signatory parties agrees to control flood plain use along and encroachment  upon  the  Susquehanna  and  its  tributaries  and  to cooperate faithfully in these respects.   6.7 Other Authority.   Nothing in this article shall be construed to prevent or in any way to limit  the  power  of  any signatory party, or any agency or subdivision thereof, to issue or adopt and enforce any requirement  or  requirements with  respect  to flood plain use or construction thereon more stringent than the rules, regulations, or encroachment lines in force pursuant  to this  article.  The  commission  may  appear  in  any court of competent jurisdiction to bring actions or proceedings in law or equity to enforce the provisions of this article.   6.8 Debris.   The signatory states agree that dumping or littering upon  or  in  the waters  of  the  Susquehanna River or its tributaries or upon the frozen surfaces thereof  of  any  rubbish,  trash,  litter,  debris,  abandoned properties,  waste material, or offensive matter, is prohibited and that the  law  enforcement  officials  of  each  state  shall  enforce   this prohibition.                      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 Conservation and Land and Forest Management.   The  commission,  subject  to  the  limitations in Section 7.4(b), may acquire, sponsor, or operate facilities and projects to  encourage  soil conservation,  prevent and control erosion, and promote land reclamation and sound land and forest management.   7.3 Fish and Wildlife.   The commission, subject to the  limitations  in  Section  7.4(b),  may acquire, sponsor, or operate projects and facilities for the maintenance  and  improvement  of  fish  and  wildlife  habitat  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 acquire or operate any  such  project  or facility unless it has first found and determined that no other suitable unit  or agency of government is in a position to acquire or operate the same upon reasonable conditions, or such unit or agency fails to do so.                           ARTICLE 8--RECREATION   Section 8.1 Development.   The commission may provide for the development of water related public sports and recreational facilities. The commission on its own account or in cooperation with a signatory  party,  political  subdivision  or  any agency  thereof,  may  provide  for  the  construction, maintenance, and administration of such facilities, subject to the provisions of  Section 8.2 hereof.   8.2 Cooperative Planning 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 conditions.   8.3 Operation and Maintenance.   The commission, within limits prescribed by this article, shall:   1.  Encourage activities of other public agencies having water related recreational interests and assist in the coordination thereof;   2. Recommend standards for the development and administration of water related recreational facilities;   3. Provide for  the  administration,  operation,  and  maintenance  of recreation  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,  after  public  hearing  upon  due notice given shall provide by regulation a procedure for the award of contracts for private concessions in connection with its  recreational  facilities,  including any  renewal or extension thereof, under terms and conditions determined by the commission.                      ARTICLE 9--OTHER PUBLIC VALUES   Section 9.1 Inherent Values.   The signatory parties agree that it is a purpose of  this  compact  in effectuating  the  conservation  and  management  of  water resources to preserve and promote the economic  and  other  values  inherent  in  the historic  and  the scenic and other natural amenities of the Susquehanna River Basin for the enjoyment and enrichment of future generations,  for the  promotion  and  protection of tourist attractions in the basin, and for the maintenance of the economic health  of  allied  enterprises  and occupations   so   as   to  effect  orderly,  balanced,  and  considered development in the basin.   9.2 Project Compatibility.   To this end, the signatory parties agree that  in  the  consideration, authorization,  construction,  maintenance,  and  operation of all water  resources  projects  in  the  Susquehanna  basin,  their  agencies   and subdivisions,  and  the Susquehanna River Basin Commission will consider the compatibility of such projects with these other public values.   9.3 Regulation Standards.   The  commission  may recommend to governmental units with jurisdiction within areas considered  for  scenic  or  historic  designation  minimum standards  of regulation of land and water use and such other protective measures as the commission may deem desirable.   9.4 Local Area Protection.   The commission may draft and recommend  for  adoption  ordinances  and regulations  which  would  assist,  promote,  develop, and protect those areas and the character of  their  communities.  Local  governments  may consider  parts  of  their  area  which  have  been designated scenic or historic areas under the provisions of this article separately from  the municipality as a whole, and pursuant to the laws of the state governing the  adoption  of  those  regulations  generally  may  enact regulations limited to the designated area. In making  recommendations  to  a  local government  which  is  partly  in  and  partly  out  of such a scenic or historic area the commission may make  recommendations  for  the  entire municipality.                      ARTICLE 10--HYDROELECTRIC POWER   Section 10.1 Development.   The  waters  of  the  Susquehanna  River  and  its  tributaries may be impounded and used by or under  authority  of  the  commission  for  the generation of hydroelectric power and hydroelectric energy in accordance with the comprehensive plan.   10.2 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.   10.3 Transmission.   The   commission  may  provide  facilities  for  the  transmission  of hydroelectric power and hydroelectric energy produced by it  where  such facilities  are  not  otherwise available upon reasonable terms, for the purpose of wholesale marketing of power  and  nothing  herein  shall  be construed  to  authorize  the  commission  to  engage in the business of direct sale to consumers.   10.4 Development Contracts.   The commission, after public hearing upon due notice given  may  enter into  contracts  on  reasonable terms, consideration, and duration under which public utilities or  public  agencies  may  develop  hydroelectric power  and  hydroelectric  energy  through  the  use  of  dams,  related facilities, and appurtenances.   10.5 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 11--REGULATION OF WITHDRAWAL AND DIVERSIONS;                         PROTECTED AREAS AND EMERGENCIES   Section 11.1 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  commission  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.   11.2 Determination of Protected Area.   The commission, from time to time after public hearing upon due notice given may 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  impair  or conflict  with  the  requirements  or  effectuation of the comprehensive plan,  and any such area may be designated as a protected area, with the consent of the member or members from the affected state or states.  The commission,  whenever it determines that such shortage no longer exists, shall terminate the protected status of such area and shall give  public notice of such termination.   11.3 Diversion and Withdrawal Permits.   In  any  protected areas so determined and delineated, no person shall divert or withdraw  water  for  domestic,  municipal,  agricultural,  or industrial  uses  in  excess  of  such  quantities as the commission may prescribe by general  regulations,  except  (1)  pursuant  to  a  permit granted  under  this  article,  or  (2) pursuant to a permit or approval heretofore granted under the laws of any of the signatory states.   11.4 Emergency.  (a) In the event of a drought which may cause an actual and  immediate shortage  of available water supply within the basin, or within any part thereof, the commission after public hearing upon due notice  given  may determine  and  delineate the area of the shortage and by unanimous vote declare a drought emergency therein. For the  duration  of  the  drought emergency  as  determined  by  the  commission,  it thereupon may direct increases or decreases  in  any  allocations,  diversions,  or  releases previously granted or required, for a limited time to meet the emergency condition.  (b)  In  the  event  of  a disaster or catastrophe other than drought, natural or manmade, which causes or may cause an  actual  and  immediate shortage  of  available  and  usable  water, the commission by unanimous consent may impose direct controls on the use of water  and  shall  take such  action as is necessary to coordinate the effort of federal, state, and local agencies and other persons and entities affected.   11.5 Standards.   Permits shall be granted, modified, or denied, as the case may be,  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.   11.6 Judicial Review.   The determinations and delineations  of  the  commission  pursuant  to Section  11.2  and  the  granting,  modification  or  denial  of permits pursuant to Section 11.3, 11.4, and 11.5 shall be  subject  to  judicial review in any court of competent jurisdiction.   11.7 Maintenance of Records.   Each   signatory   party   shall   provide  for  the  maintenance  and preservation of such records of authorized  diversions  and  withdrawals and  the  annual  volume thereof as the commission shall prescribe. Such records and supplementary reports shall be furnished to  the  commission at its request.   11.8 Existing State Systems.   Whenever  the  commission  finds it necessary or desirable to exercise the powers conferred with respect to emergencies by  this  article,  any diversion  or  withdrawal permits authorized or issued under the laws of any of the signatory states shall be superseded to  the  extent  of  any conflict with the control and regulation exercised by the commission.                  ARTICLE 12--INTERGOVERNMENTAL RELATIONS   Section 12.1 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 following rules shall govern Federal projects affecting the water  resources of the basin, subject in each case to the provisions of Section 1.4 of this compact:   1.  The  planning  of  all projects related to powers delegated to the commission by this compact shall be undertaken in consultation with  the commission.   2. No expenditure or commitment shall be made for or on account of the construction,  acquisition,  or operation of any project or facility nor shall it be deemed authorized, unless it shall have first been  included by the commission in the comprehensive plan.   3.  Each  Federal  agency otherwise authorized by law to plan, design, construct, operate or maintain any project or facility  in  or  for  the basin  shall  continue  to  have, exercise, and discharge such authority except as specifically provided by this section.   12.2 State 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:   1. The planning of all projects related to  powers  delegated  to  the commission  by this compact shall be undertaken in consultation with the commission;   2. No expenditure or commitment shall be made for or on account of the construction, acquisition, or  operation  of  any  project  or  facility unless it first has been included by the commission in the comprehensive plan;   3.  Each  state  and local agency otherwise authorized by law to plan, design, construct, operate, or maintain any project or  facility  in  or for  the  basin  shall  continue  to  have, exercise, and discharge such authority, except as specifically provided by this section.   12.3 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 jurisdiction of  the respective signatory parties.   12.4 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 program. The commission shall develop equitable cost sharing and reimbursement formulas for the signatory parties including:   1.  Uniform  and  consistent  procedures for the allocation of project costs among purposes included in multiple-purpose programs;   2. 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;   3.  Establishment  and  supervision  of  a  system  of  accounts   for reimbursement purposes and directing the payments and charges to be made from such accounts;   4.  Determining the basis and apportioning amounts (i) of reimbursable revenues to be paid signatory parties or their  political  subdivisions, and (ii) of payments in lieu of taxes to any of them.   12.5 Cooperative Services.    The   commission   shall   furnish  technical  services,  advice,  and consultation to  authorized  agencies  of  the  signatory  parties  with respect  to  the water resources of the basin, and each of the signatory parties pledges itself to provide technical and  administrative  service to   the   commission  upon  request  within  the  limits  of  available appropriations, and to cooperate generally with the commission  for  the purposes  of  this  compact,  and  the  cost  of  such  service  may  be reimbursable whenever the parties deem appropriate.                       ARTICLE 13--CAPITAL FINANCING   Section 13.1 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 commission, and the  full faith  and  credit  of  the commission are hereby pledged for the prompt payment of the debt service thereon and for the fulfillment of all other undertakings of the commission assumed by it to or for  the  benefit  of the holders thereof.   13.2 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 reimbursement of advances by the commission or by others for such purposes and for working capital.   13.3 Credit Excluded; Officers, State and Municipal.   The commission shall have  no  power  to  pledge  the  credit  of  any signatory  party  or  of  any  county  or municipality, or to impose any obligation for payment of the bonds upon  any  signatory  party  or  any county  or  municipality.  Neither  the  commissioners  nor  any  person executing the bonds shall be liable  personally  on  the  bonds  of  the commission  or be subject to any personal liability or accountability by reason of the issuance thereof.   13.4 Funding and Refunding.   Whenever the commission deems it expedient, it may fund and refund its bonds and other obligations, whether or not such bonds  and  obligations have  matured.  It  may  provide  for the issuance, sale, or exchange of refunding bonds for the purpose  of  redeeming  or  retiring  any  bonds (including   payment   of  any  premium,  duplicate  interest,  or  cash adjustment required in connection therewith) issued by the commission or issued by any other issuing body, the proceeds of the sale of which have been applied to any facility acquired by the  commission  or  which  are payable  out of the revenues of any facility acquired by the commission. Bonds may be issued partly to refund bonds and  other  obligations  then outstanding,  and  partly  for  any other purpose of the commission. All provisions of this compact applicable  to  the  issuance  of  bonds  are applicable  to  refunding  bonds  and to the issuance, sale, or exchange thereof.   13.5 Bonds: Authorization Generally.    Bonds and other indebtedness of the commission shall be authorized  by resolution  of  the  commission.  The  validity of the authorization and issuance of any bonds by the commission shall not be dependent  upon  or affected  in  any  way  by:  (1) the disposition of bond proceeds by the commission  or  by  contract, commitment or action taken with respect to such proceeds; or (2) 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 bond  issues,  in  such  principal  amounts  and  with  such  terms  and provisions  as  the  commission  may  deem  necessary.  The bonds may be secured by a pledge of all or any part of the  property,  revenues,  and franchises  under  its control. Bonds may be issued by the commission in such amount, with such maturities and in such denominations and form  or forms,  whether coupon or registered, as to both principal and interest, as may be determined by the commission. The commission may  provide  for redemption of bonds prior to maturity on such notice and at such time or times  and  with  such redemption provisions, including premiums, as the commission may determine.   13.6 Bonds, Resolutions and Indentures Generally.   The commission may determine and enter into indentures  providing  for the   principal  amount,  date  or  dates,  maturities,  interest  rate, denominations, form,  registration,  transfer,  interchange,  and  other provisions  of  the  bonds and coupons and the terms and conditions upon which the same shall be executed, issued, secured, sold, paid, redeemed, funded, and refunded. The resolution of the commission  authorizing  any bond or any indenture so authorized under which the bonds are issued may include   all  such  covenants  and  other  provisions  other  than  any restriction on the regulatory powers vested in the  commission  by  this compact as the commission may deem necessary or desirable for the issue, payment,  security,  protection,  or  marketing  of the bonds, including without limitation covenants and other provisions as  to  the  rates  or amounts  of fees, rents, and other charges to be charged or made for use of the facilities; the use, pledge, custody, securing, application,  and disposition  of  such revenues, of the proceeds of the bonds, and of any other moneys of the commission; the operation, maintenance, repair,  and reconstruction  of  the facilities and the amounts which may be expended therefor; the sale, lease, or other disposition of the  facilities;  the insuring  of  the  facilities and of the revenues derived therefrom; the construction or other acquisition of other facilities; the  issuance  of additional  bonds  or  other indebtedness; the rights of the bondholders and of any trustee for the bondholders upon default by the commission or otherwise; and the modification of the provisions of the  indenture  and of  the  bonds. Reference on the face of the bonds to such resolution or indenture by its date of adoption or  the  apparent  date  on  the  face thereof  is  sufficient to incorporate all of the provisions thereof and of this compact into  the  body  of  the  bonds  and  their  appurtenant coupons.  Each  taker  and  subsequent  holder  of the bonds or coupons, whether the coupons are attached to or  detached  from  the  bonds,  has recourse  to  all of the provisions of the indenture and of this compact and is bound thereby.   13.7 Maximum Maturity.   No bond or its terms shall mature in more than fifty  years  from  its own date, or on any date subsequent to the duration of this compact, and in  the event any authorized issue is divided into two or more series or divisions,  the  maximum  maturity  date  herein  authorized  shall   be calculated   from  the  date  on  the  face  of  each  bond  separately, irrespective of the fact that different dates may be prescribed for  the bonds of each separate series or division of any authorized issue.    13.8 Tax Exemption.   All  bonds  issued  by  the  commission  under  the provisions of this compact and the interest thereon 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.   13.9 Interest.   Bonds  shall  bear  interest  at  a rate determined by the commission, payable annually or semi-annually.   13.10 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.   13.11 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 countersignatures appear upon the bonds  or coupons  ceases  to  be  an  officer before the delivery of the bonds or coupons, his signature or countersignature is nevertheless valid and  of the same force and effect as if the officer had remained in office until the delivery of the bonds and coupons.   13.12 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.   13.13 Sale.   The  commission  may  fix  terms  and conditions for the sale or other disposition of any authorized issue of bonds and may sell its  bonds  at less  than  their  par or face value. All bonds issued and sold for cash pursuant to this compact 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 bonds  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.   13.14 Negotiability.   All  bonds  issued under the provisions of this compact are negotiable instruments, except when registered in the name of a registered owner.   13.15 Legal Investments.   Bonds of the commission shall be legal investments for savings  banks, fiduciaries and public funds in each of the signatory states.   13.16 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 proceedings shall be instituted and  prosecuted  in  rem,  and  the  judgment  rendered  therein  shall  be  conclusive  against  all persons whomsoever and against each of the signatory parties.   13.17 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  provided therein and irrespective of the date of receipts of such revenues by the  commission or  the indenture trustee. Such pledge shall be effective as provided in the  indenture  without  physical  delivery  of  the  revenues  to   the commission or the indenture trustee.   13.18 Pledged Revenues.   Bond  redemption  and interest payments, to the extent provided in the resolution or indenture, shall constitute a first, direct and  exclusive charge  and  lien on all such rates, rents, tolls, fees, and charges and other revenues and interest thereon received from the use and  operation of  the  facility,  and on any sinking or other funds created therefrom. All such rates, rents, tolls, fees, charges and other revenues, together with interest thereon, shall constitute a trust fund  for  the  security and  payment  of such bonds, and except as and to the extent provided in the indenture with respect to the  payment  therefrom  of  expenses  for other   purposes   including   administration,  operation,  maintenance, improvements, or extensions of the facilities or  other  purposes  shall not  be  used or pledged for any other purpose so long as such bonds, or any of them, are outstanding, and unpaid.   13.19 Remedies.   The holder of any bond may for the equal benefit and protection of all holders  of  bonds  similarly  situated;  (1)  by  mandamus   or   other appropriate proceedings require and compel the performance of any of the duties  imposed  upon  the  commission  or  assumed by it, its officers, agents,  or  employees  under  the  provisions  of  any  indenture,   in connection  with  the acquisition, construction, operation, maintenance, repair, reconstruction, or insurance of the facilities, or in connection with the collection, deposit, investment, application, and  disbursement of  the  rates,  rents, tolls, fees, charges, and other revenues derived from the operation and use of the facilities, or in connection with  the deposit,  investment, and disbursement of the proceeds received from the sale of bonds; or (2)  by  action  or  suit  in  a  court  of  competent jurisdiction of any signatory party require the commission to account as if it were the trustee of an express trust, or enjoin any acts or things which  may  be  unlawful or in violation of the rights of the holders of the bonds. The enumeration of such rights and  remedies,  however,  does not  exclude the exercise or prosecution of any other rights or remedies available to the holders of bonds.   13.20 Capital Financing by Signatory Parties; Guarantees.  (a) The signatory parties shall provide such  capital  funds  required for  projects of the commission as may be authorized by their respective statutes in accordance with a cost sharing  plan  prepared  pursuant  to Article  12 of this compact; but nothing in this section shall be deemed to impose any mandatory obligation on any of the signatory parties other than such obligations  as  may  be  assumed  by  a  signatory  party  in connection with a specific project or facility.  (b)  Bonds  of  the commission, notwithstanding any other provision of this compact, may be executed  and  delivered  to  any  duly  authorized agency  of  any of the signatory parties without public offering and may be sold and resold with or without the guaranty of such signatory party, subject to and in accordance with the constitutions  of  the  respective signatory parties.  (c)  The  commission may receive and accept, and the signatory parties may make, loans,  grants,  appropriations,  advances,  and  payments  of reimbursable  or  nonreimbursable  funds or property in any form for the capital or operating purposes of the commission.                   ARTICLE 14--PLAN, PROGRAM AND BUDGETS   Section 14.1 Comprehensive Plan.   The  commission  shall  develop  and  adopt, and may from time to time review and revise, a comprehensive plan for the immediate and long range development and use of the water resources of the basin. The plan  shall include  all  public  and  private  projects  and  facilities  which are required, in the judgment of the commission, for the  optimum  planning, development,  conservation,  utilization, management, and control of the water resources of the basin to  meet  present  and  future  needs.  The commission  may  adopt  a  comprehensive plan or any revision thereof in such part or parts as it may deem appropriate, provided that before  the adoption  of  the  plan  or  any part or revision thereof the commission shall consult with water users and interested public bodies  and  public utilities  and  shall  consider  and give due regard to the findings and recommendations of the various agencies of the signatory parties,  their political  subdivisions,  and  interested  groups.  The commission shall conduct public hearings upon  due  notice  given  with  respect  to  the comprehensive  plan prior to the adoption of the plan or any part of the revision thereof, except that public and private projects and facilities which, in the judgment of the  commission,  are  not  required  for  the optimum  planning,  development,  conservation, utilization, management, and control of the water resources  of  the  basin  and  which,  in  the judgment  of  the  commission,  will  not significantly affect the water resources of the basin, may be added directly to the comprehensive  plan at  any  time at the discretion of the commission without public hearing thereon. The comprehensive plan shall take into consideration the effect of the plan or any part thereof upon the receiving waters of  Chesapeake Bay.   14.2 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 governmental 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; and   3.  A  separate statement of the projects proposed to be undertaken by the commission during such period.   14.3 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  containing a statement of the estimated cost of each project and the method of financing thereof.  (b) The commission shall annually adopt a current expense  budget  for each  fiscal  year. Such budget shall include the commission's estimated expenses  for  administration,  operation,  maintenance,  and   repairs, including  a  separate statement thereof for each project, together with its cost allocation. The total of such expenses shall be balanced by the commission's estimated revenues from all  sources,  including  the  cost allocations  undertaken  by  any  of the signatory parties in connection  with any project. Following the adoption of the annual  current  expense budget  by  the  commission,  the  executive  director of the commission shall:   1.  Certify  to  the  respective  signatory parties the amounts due in accordance with existing cost sharing established for each project; and   2. Transmit certified copies of such budget to  the  principal  budget officer  of  the  respective  signatory parties at such time and in such manner as may be required under their respective  budgetary  procedures. The amount required to balance the current expense budget in addition to the aggregate amount of item 1 above and all other revenues available to the  commission  shall  be  apportioned  equitably  among  the signatory parties by unanimous vote of the commission,  and  the  amount  of  such apportionment  to  each signatory party shall be certified together with the budget.  (c) The respective signatory parties covenant and agree to include the amount 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 remittance by the signatory parties.                      ARTICLE 15--GENERAL PROVISIONS   Section  15.1   Auxiliary   Powers   of   Commission;   Functions   of Commissioners.  (a) The commission, for the purposes of this compact, may:   1.  Adopt  and use a corporate seal, enter into contracts, and sue and be sued in any court of competent jurisdiction;   2. Receive and accept such payments,  appropriations,  grants,  gifts, loans,  advances,  and  other  funds, properties, and services as may be transferred or made available to it by any signatory  party  or  by  any other  public  or  private  corporation  or  individual,  and enter into agreements to make reimbursement for all or part thereof;   3.   Provide   for,   acquire,   and   adopt   detailed   engineering, administrative,  financial,  and  operating  plans and specifications to effectuate, maintain, or develop any facility or project;   4. Control and regulate the use of facilities owned or operated by the commission;   5. Acquire, own, operate, maintain, control, sell and convey real  and personal property and any interest therein by contract, purchase, lease, license, mortgage, or otherwise as it may deem necessary for any project or  facility,  including  any  and  all appurtenances thereto necessary, useful,  or  convenient  for   such   ownership,   operation,   control, maintenance, or conveyance;   6.  Have  and  exercise all corporate powers essential to the declared objects and purposes of the commission.  (b) The commissioners, subject to  the  provisions  of  this  compact, shall:   1.  Serve  as  the  governing body of the commission, and exercise and discharge its powers and duties, except  as  otherwise  provided  by  or pursuant to this compact;   2.  Determine  the  character of and the necessity for its obligations and expenditures and  the  manner  in  which  they  shall  be  incurred, allowed,  and  paid  subject  to  any  provisions  of  law  specifically applicable to agencies or instrumentalties created by this compact;   3. Provide for the internal organization  and  administration  of  the commission;    4.  Appoint  the  principal officers of the commission and delegate to and allocate among them administrative functions, powers and duties;   5.  Create and abolish offices, employments, and positions as it deems necessary for the  purposes  of  the  commission,  and  subject  to  the provisions  of  this  article,  fix  and  provide for the qualification, appointments,  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.   15.2 Regulations; Enforcement.   The commission may:   1. Make and  enforce  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 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   2.  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.   15.3 Tax Exemptions.   The commission, its property, functions and activities shall be exempt from taxation by or under the authority of any of the signatory  parties or  any political subdivision thereof; provided that in lieu of property taxes the commission, as to its specific projects, shall  make  payments to  local taxing districts in annual amounts which shall equal the taxes lawfully assessed upon property for the  tax  year  next  prior  to  its acquisition  by the commission for a period of 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 necessary or desirable to take into  account  hardships incurred  and  benefits  received  by  the taxing jurisdiction which are attributable to the project.   15.4 Meetings; Public Hearing; Records, Minutes.  (a) All meetings of the commission shall be open to the public.  (b) The commission shall conduct at least one public hearing  in  each state  prior  to  the adoption of the initial comprehensive plan. In all other cases wherein this compact requires a public hearing, such hearing shall be held upon not less than twenty days'  public  notice  given  by posting at the offices of the commission, and published at least once in a  newspaper  or  newspapers of general circulation in the area or areas affected. 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.   15.5 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 or dismissed by the executive director  under  such  rules  of procedure as the commission may establish.  (b) In the appointment and promotion of officers and employees for the commission,  no  political,  racial,  religious,  or  residence  test or qualification shall be permitted or given consideration,  but  all  such appointments  and  promotions  shall be solely on the basis of merit and fitness. Any officer or employee of the commission who is found  by  the commission  to  be  guilty  of  a  violation  of  this  section shall be immediately dismissed.   15.6 Oath of Office.   An oath of office in such form as the commission shall prescribe shall be taken, subscribed, and filed with the  commission  by  the  executive director  and  by  each  officer appointed by him not later than fifteen days after the appointment.   15.7 Bond.   Each officer shall give such bond and in such form and amount  as  the commission may require, for which the commission shall pay the premium.   15.8 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 addition to the compensation or expense paid him  by  the  commission  for  services performed within the scope of his official duties;   3.  Offer  money  or  any  thing  of  value for or in consideration of obtaining an appointment, promotion, or privilege in his employment with the commission.  (b) Any  officer  or  employee  who  willfully  violates  any  of  the provisions of this section shall forfeit his office or employment.  (c)  Any contract or agreement knowingly made in contravention of this section is void.  (d) Officers and employees of the  commission  shall  be  subject,  in addition  to  the provisions of this section, to such criminal and civil sanctions for misconduct in office as may be imposed by Federal law  and the law of the signatory state in which such misconduct occurs.   15.9 Purchasing.   Contracts  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 five thousand dollars shall be advertised and let upon sealed bids to the  lowest  responsible bidder.  Notice  requesting  such  bids  shall  be published in a manner reasonably likely to  attract  prospective  bidders,  which  publication shall  be  made  at least thirty days before 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 the open market, the commission may give each responsible bidder  an  opportunity to negotiate a price and may proceed to purchase the  supplies,  equipment,  and  materials  in  the  open  market  at  a negotiated  price  which  is  lower  than  the  lowest rejected bid of a responsible  bidder,  without  further  observance  of  the   provisions requiring   bids  or  notice.  The  commission  shall  adopt  rules  and regulations to provide for purchasing from the lowest responsible bidder when sealed bids, notice, and  publication  are  not  required  by  this  section.  The  commission  may  suspend and waive the provisions of this section requiring competitive bids whenever:   1. The purchase is to be made from or the contract to be made with the Federal  or  any state government or any agency or political subdivision thereof or pursuant to any open and bulk purchase  contract  of  any  of them;   2. The public exigency requires the immediate delivery of the articles or performance of the service;   3. Only 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.   15.10 Insurance.   The  commission  may  self-insure  or  purchase  insurance and pay the premiums therefor against loss or  damage  to  any  of  its  properties; against liability for injury to persons or property; and against loss of revenue  from  any cause whatsoever. Such insurance coverage shall be in such form and amount as the commission may  determine,  subject  to  the requirements  of  any  agreement arising out of the issuance of bonds by the commission.   15.11 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 in use by the commission and necessary to facilitate  the  audit  and  they  shall  be afforded full facilities for verifying transactions with the balances or securities held by depositaries, fiscal agents, and custodians.  (c)  The  financial transactions of the commission shall be subject to audit by the General Accounting Office in accordance with the principles and procedures applicable to commercial corporate transactions and under such rules and regulations as  may  be  prescribed  by  the  Comptroller General  of the United States. The audit shall be conducted at the place or places where the accounts of the commission are kept.  (d) Any officer or employee who shall  refuse  to  give  all  required assistance and information to the accountants selected by the commission or to the authorized officers of any signatory party or who shall refuse to submit to them for examination such books, documents, records, files, accounts,  papers, things, or property as may be requested shall forfeit his office.   15.12 Reports.   The commission  shall  make  and  publish  an  annual  report  to  the legislative  bodies of the signatory parties and to the public reporting  on its programs, operations, and finances. It may also prepare, publish, and distribute such other public reports and informational materials  as it may deem necessary or desirable.   15.13 Grants, Loans, or Payments by States or Political Subdivisions.  (a)  Any  or all of the signatory parties or any political subdivision thereof may:   1. Appropriate to the commission such funds as may be necessary to pay preliminary expenses such as the expenses  incurred  in  the  making  of borings,  and other studies of subsurface conditions, in the preparation of contracts for the sale of water and in the  preparation  of  detailed plans and estimates required for the financing of a project;   2. Advance to the commission, either as grants or loans, such funds as may be necessary or convenient to finance the operation and managment of or construction by the commission of any facility or project;   3.  Make  payments  to  the  commission for benefits received or to be received from the operation of any of the projects or facilities of  the commission.  (b)  Any  funds  which  may  be  loaned  to the commission either by a signatory party or a political subdivision thereof shall  be  repaid  by the  commission through the issuance of bonds or out of the 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.   15.14 Condemnation Proceedings.  (a) The commission shall have the power to acquire by condemnation the fee   or  any  lesser  interest  in  lands,  lands  lying  under  water, development rights in land, riparian rights, water  rights,  waters  and other  real  or  personal  property  within the basin for any project or facility authorized pursuant to this compact. This  grant  of  power  of eminent  domain  includes but is not limited to the power to condemn for the purposes of this compact any property already devoted  to  a  public use,  by  whomsoever  owned  or held, other than property of a signatory party. 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 subjct to the authority of such state board, commission, or other  body  as  may  have regulatory jurisdiction over such public utility.  (b)  The power of condemnation referred to in sub-section (a) shall be exercised in accordance with the provisions of  the  state  condemnation law in force in the signatory state in which the property is located. If there is no applicable state condemnation law, the power of condemnation shall  be  exercised  in  accordance  with  the  provisions  of  Federal condemnation law.  (c) Any award or compensation for the taking of property  pursuant  to this  article shall be paid by the commission, and none of the signatory parties nor any other agency, instrumentality or  political  subdivision thereof shall be liable for such award or compensation.   15.15 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 the authorized purposes of the commission.  (b) Each political subdivision  of  each  of  the  signatory  parties, notwithstanding  any  contrary  provisions  of  law,  is  authorized and empowered to grant and convey to the commission, upon  the  commission's request,  any  real  property  or  any  interest  therein  owned by such  political subdivision  including  lands  lying  under  water  and  lands already  devoted  to  public use which may be necessary or convenient to the effectuation of the authorized purposes of the commission.  (c)  Any  highway, public utility, or other public facility which will be dislocated by reason of a project deemed necessary by the  commission 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.   15.16 Rights of Way.   Permission is hereby granted to the commission 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.   15.17 Penalty.   Any person, association, or corporation who violates  or  attempts  or conspires  to  violate  any  provisions  of  this  compact  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 punishable as may be provided by statute of any of the signatory parties within which  the  violation  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 $l,000 for each such violation to be fixed by the court which the commission may recover in its  own  name  in  any court  of  competent  jurisdiction,  and  in  a summary proceeding where available under the practice  and  procedure  of  such  court.  For  the purposes  of  this section in the event of a continuing offense each day of such violation, attempt, or conspiracy shall  constitute  a  separate offense.   15.18 Tort Liability.   The  commission  shall  be  responsible  for claims arising out of the negligent acts or omissions of its officers, agents, and employees  only to  the extent and subject to the procedures prescribed by law generally with respect to officers, agents, and employees of the government of the United States.   15.19 Effect on Riparian Rights.   Nothing contained in this compact 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.   15.20 Amendments and Supplements.   Amendments and supplements 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.   15.21 Construction and Severability.   The provisions of this compact and of agreements thereunder  shall  be severable  and  if  any  phrase,  clause,  sentence, or provision of the Susquehanna 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.    15.22 Effective Date; Execution.   This  compact shall become binding and effective thirty days after the enactment of concurring  legislation  by  the  Federal  government,  the states  of  Maryland and New York, and the Commonwealth of Pennsylvania. The compact shall be signed and sealed in five identical 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.