NY Env Conserv L § 21-0701 (2021)
2021 New York Laws ENV - Environmental Conservation Article 21 - Pollution Control Compacts Title 7 - Delaware River Basin Compact 21-0701 - Delaware River Basin Compact.

§ 21-0701. Delaware river basin compact.   The  Delaware  river  basin  compact as first entered into pursuant to chapter 148 of the laws of 1961, as renumbered by  chapter  801  of  the laws  of  1962,  and  as  amended by chapter 262 of the laws of 1970, is hereby continued as follows:   The Delaware river basin compact is hereby entered  into  and  enacted into  law,  subject to the execution by the Governor as provided in said compact and in accordance with its terms. The compact is as follows:   WHEREAS  the  signatory  parties  recognize  the  water  and   related resources  of  the  Delaware basin as regional assets vested with local, state  and  national  interests,   for   which   they   have   a   joint responsibility; and   WHEREAS  the  conservation,  utilization,  development, management and control of the water and related resources of the Delaware  River  Basin under  a  comprehensive  multi-purpose  plan  will  bring  the  greatest benefits and produce the most efficient service in the  public  welfare; and   WHEREAS  such a comprehensive plan administered by a basin-wide agency will  provide  effective  flood  damage  reduction;   conservation   and development of ground and surface water supply for municipal, industrial and   agricultural  uses;  development  of  recreational  facilities  in relation to reservoirs, lakes and streams; propagation of fish and game; promotion of related forestry, soil conservation and watershed projects; protection  and  aid  to  fisheries  dependent  upon  water   resources; development of hydro-electric power potentialities; improved navigation; control  of  the movement of salt water; abatement and control of stream pollution; and regulation of stream flows toward the attainment of these goals; and   WHEREAS decisions of the United States Supreme Court relating  to  the waters  of the basin have confirmed the interstate regional character of the water resources of the Delaware River Basin, and the  United  States Corps  of  Engineers  has  in a prior report on the Delaware River Basin (House Document 179, 73d Cong., 2nd  Sess.)  officially  recognized  the need  for  an  interstate  agency and the economies that can result from unified development and control of the water resources of the basin; and   WHEREAS the water resources of the basin are presently subject to  the duplicating,  overlapping  and  uncoordinated  administration of some 43 state agencies, 14 interstate agencies and  19  federal  agencies  which exercise  a multiplicity of powers and duties resulting in a splintering of authority and responsibilities; and   WHEREAS the joint advisory body known as the Interstate Commission  on the   Delaware   River   Basin  (INCODEL),  created  by  the  respective commissions or committee on Interstate  Cooperation  of  the  States  of Delaware, New Jersey, New York and Pennsylvania, has on the basis of its extensive  investigations,  surveys  and studies concluded that regional development of the Delaware  River  Basin  is  feasible,  advisable  and urgently  needed;  and  has  recommended that an interstate compact with federal participation be consummated to this end; and   WHEREAS the Congress of the United States and the executive branch  of the  government  have  recognized  the national interest in the Delaware River Basin by authorizing and directing the Corps  of  Engineers,  U.S. Department of the Army, to make a comprehensive survey and report on the water  and  related resources of the Delaware River Basin, enlisting the technical aid and planning participation  of  many  federal,  state  and municipal  agencies  dealing  with  the  waters  of  the  basin,  and in particular the federal departments  of  Agriculture,  Commerce,  Health, Education and Welfare, Interior, and Federal Power Commission; and    WHEREAS  some  22,000,000  people of the United States at present live and work in the region of the Delaware River Basin and its environs, and the government, employment, industry and  economic  development  of  the entire  region  and  the  health,  safety  and  general  welfare  of its population  are  and  will  continue  to be vitally affected by the use, conservation, management and control of the water and related  resources of the Delaware River Basin; and   WHEREAS demands upon the waters and related resources of the basin are expected  to  mount  rapidly  because of the anticipated increase in the population of the region projected  to  reach  30,000,000  by  1980  and 40,000,000   by  2010,  and  because  of  the  anticipated  increase  in industrial growth projected to double by 1980; and   WHEREAS water resources planning and development is technical, complex and expensive, and has often required fifteen to twenty years  from  the conception to the completion of a large dam and reservoir; and   WHEREAS the public interest requires that facilities must be ready and operative  when needed, to avoid the catastrophe of unexpected floods or prolonged drought, and for other purposes; and   WHEREAS the Delaware River Basin Advisory Committee, a temporary  body constituted  by the governors of the four basin states and the mayors of the cities of New York and Philadelphia, has  prepared  a  draft  of  an interstate-federal  compact  for the creation of a basin agency, and the signatory parties desire to effectuate the purposes thereof;   Now therefore the states of Delaware, New Jersey and New York 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, having the same effect as  this  Part  as follows:        ARTICLE 1--SHORT TITLE, DEFINITIONS, PURPOSE AND LIMITATIONS  Section 1.1 Short title.   This  act  shall be known and may be cited as the Delaware River Basin Compact.  1.2. Definitions.   For  the  purposes  of  this  compact,  and  of  any  supplemental  or concurring  legislation  enacted  pursuant  thereto,  except  as  may be otherwise required by the context:  (a) "Basin" shall mean the area of drainage into  the  Delaware  River and its tributaries, including Delaware Bay;  (b)  "Commission"  shall  mean  the  Delaware  River  Basin Commission created and constituted by this compact;  (c) "Compact" shall mean the compact as contained title 7  of  article 21 of the Environmental Conservation Law.  (d)  "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;  (e)  "Facility"  shall  mean  any real or personal property, within or without the basin, and improvements thereof or thereon, and any and  all rights  of  way,  water, water rights, plants, structures, machinery and equipment,  acquired,  constructed,  operated  or  maintained  for   the beneficial  use  of  water  resources  or  related  land uses including, 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; or 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;  (f) "Federal government" shall  mean  the  government  of  the  United States  of  America,  and  any appropriate branch, department, bureau or division thereof, as the case may be;  (g) "Project" shall mean  any  work,  service  or  activity  which  is separately  planned,  financed,  or identified by the commission, or any separate facility undertaken or to  be  undertaken  within  a  specified area,   for  the  conservation,  utilization,  control,  development  or 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;  (h) "Signatory party" shall mean a state or commonwealth party to this compact, and the federal government;  (i)  "Water  resources"  shall  include  water  and  related   natural resources  in, on, under, or above the ground, including related uses of land, which are subject to beneficial use, ownership or control.  1.3 Purpose and findings.   The legislative bodies of the respective signatory parties hereby find and declare:  (a) The water resources of the basin are affected with a local, state, regional  and  national  interest  and  their  planning,   conservation, utilization,  development,  management  and  control,  under appropriate arrangements for intergovernmental cooperation, are public  purposes  of the respective signatory parties.  (b) The water resources of the basin are subject to the soverign right and  responsibility  of  the signatory parties, and it is the purpose of this compact  to  provide  for  a  joint  exercise  of  such  powers  of sovereignty in the common interests of the people of the region.  (c)  The  water  resources of the basin are functionally 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  efforts  and programs  of  federal,  state  and  local  governments  and  of  private enterprise.  (d) The water resources of  the  Delaware  River  Basin,  if  properly planned and utilized, are ample to meet all presently projected demands, including  existing  and  added  diversions  in  future  years; and ever increasing economies and efficiencies in the  use  and  reuse  of  water resources  can  be  brought about by comprehensive planning, programming and management.  (e) In general, the purposes of this compact are to promote interstate comity; to remove causes of present  and  future  controversy;  to  make secure  and protect present developments within the states; to encourage and provide for the planning,  conservation,  utilization,  development, management  and  control of the water resources of the basin; to provide for cooperative planning  and  action  by  the  signatory  parties  with respect to such water resources; and to apply the principle of equal and uniform  treatment  to all water users who are similarly situated and to all users of related facilities, without regard to established political boundaries.  1.4 Powers of Congress; withdrawal.    Nothing  in  this  compact  shall  be  construed  to  relinquish   the functions,  powers  or  duties of the Congress of the United States with respect to the control of any navigable waters  within  the  basin,  nor shall  any  provision  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 thereto is recognized by the signatory parties.  1.5 Existing agencies; construction.   It is the purpose of the signatory parties to preserve and utilize the functions,  powers  and  duties  of  existing  offices  and  agencies of government to the extent not inconsistent with  this  compact,  and  the commission is authorized and directed to utilize and employ such offices and  agencies  for  the purpose of this compact to the fullest extent it finds feasible and advantageous.  1.6 Duration of compact.  (a) The duration of this compact shall be for an initial period of 100 years from its effective date, and it shall be continued for  additional periods of 100 years if not later than 20 years nor sooner 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 that this compact should be terminated  by  operation of  paragraph  (a)  above, the commission shall be dissolved, its assets and liabilities transferred, and its corporate affairs wound up, in such manner as may be provided by act of the Congress.                      ARTICLE 2--ORGANIZATION AND AREA  Section 2.1 Commission created.   The Delaware River Basin  Commission  is  hereby  created  as  a  body politic and corporate, with 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 commission shall consist of the Governors of the signatory states, ex officio, and one commissioner to be appointed by the President of the United States to serve during the term of office of the President.  2.3 Alternates.   Each member of the commission shall appoint an alternate to act in his place  and  stead,  with  authority  to  attend  all  meetings  of   the commission,  and with power to vote in the absence of the member. Unless otherwise provided by law  of  the  signatory  party  for  which  he  is appointed,  each  alternate  shall  serve  during the term of the member appointing him, subject to removal at the pleasure of the member. In the event of a vacancy in the office of alternate, it shall be filled in the same manner as an original appointment for the unexpired term only.  2.4 Compensation.    Members  of  the  commission  and  alternates  shall   serve   without compensation  but  may  be reimbursed for necessary expenses incurred in and incident to the performance of their duties.  2.5 Voting power.   Each  member  shall  be  entitled to one vote on all matters which may come before the commission. No action of the commission shall  be  taken at  any  meeting unless a majority of the membership shall vote in favor thereof.  2.6 Organization and procedure.   The commission shall provide for its own organization  and  procedure, and  shall  adopt  rules  and  regulations  governing  its  meetings and transactions. It shall organize annually 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,  who  may  attend  all  meetings  of  the commission and its committees.  2.7 Jurisdiction of the commission.   The commission shall  have,  exercise  and  discharge  its  functions, powers  and duties within the limits of the basin, except that it may in its discretion act  outside  the  basin  whenever  such  action  may  be necessary  or  convenient  to effectuate its powers or duties within the basin, or to sell or dispose of  water,  hydroelectric  power  or  other water  resources  within  or  without  the  basin.  The commission shall exercise such power outside the basin only upon the consent of the state in which it proposes to act.               ARTICLE 3--POWERS AND DUTIES OF THE COMMISSION  Section 3.1 Purpose and policy.   The commission  shall  develop  and  effectuate  plans,  policies  and projects  relating  to  the water resources of the basin. It shall adopt and promote uniform and coordinated  policies  for  water  conservation, control,  use  and  management  in  the  basin.  It  shall encourage the planning,  development  and  financing  of  water   resources   projects according to such plans and policies.  3.2 Comprehensive plan, program and budgets.   The  commission  shall, in accordance with Article 13 of this compact, formulate and adopt:  (a) A comprehensive plan, after  consultation  with  water  users  and interested  public  bodies, for the immediate and long range development and uses of the water resources of the basin;  (b) A water resources program,  based  upon  the  comprehensive  plan, which  shall  include  a  systematic  presentation  of  the quantity and quality of water resources needs of 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  (c)  An  annual  current  expense budget, and an annual capital budget consistent with the water resources program  covering  the  commission's projects and facilities for the budget period.  3.3 Allocations, diversions and releases.    The commission shall have the power from time to time as need appears, in  accordance with the doctrine of equitable apportionment, to allocate the waters of the basin to  and  among  the  states  signatory  to  this compact and to and among their respective political subdivisions, and to impose conditions, obligations and release requirements related thereto, subject to the following limitations:  (a)  The  commission,  without the unanimous consent of the parties to the United States Supreme Court decree in New Jersey v.  New  York,  347 U.S.    995  (1954),  shall  not impair, diminish or otherwise adversely affect  the  diversions,  compensating  releases,  rights,   conditions, obligations,  and  provisions for the administration thereof as provided in said decree; provided, however,  that  after  consultation  with  the river  master  under  said  decree the commission may find and declare a state of emergency resulting from a drought or catastrophe  and  it  may thereupon  by  unanimous  consent of its members authorize and direct an increase or  decrease  in  any  allocation  or  diversion  permitted  or releases  required  by  the  decree, in such manner and for such limited time as may be necessary to meet such an emergency condition.  (b) No allocation of waters hereafter made pursuant  to  this  section shall  constitute  a  prior  appropriation of the waters of the basin or confer any superiority of right in respect to the use of  those  waters, nor  shall  any  such action be deemed to constitute an apportionment of the waters of the basin among the parties  hereto;  provided  that  this paragraph  shall  not  be  deemed  to limit or restrict the power of the commission to enter into covenants with respect to water supply, with  a duration  not  exceeding  the  life  of  this  compact,  as  it may deem necessary for the benefit or development of the water resources  of  the basin.  (c)  Any  proper  party  deeming  itself  aggrieved  by  action of the commission with respect to an  out-of-basin  diversion  or  compensating releases  in  connection therewith, notwithstanding the powers delegated to the commission by this compact may invoke the  original  jurisdiction of the United States Supreme Court within one year after such action for an  adjudication  and determination thereof de novo. Any other action of the commission pursuant to this section shall  be  subject  to  judicial review in any court of competent jurisdiction.  3.4 Supreme court decree; waivers.   Each   of   the   signatory  states  and  their  respective  political subdivisions, in consideration of like action  by  the  others,  and  in recognition  of  reciprocal benefits, hereby waives and relinquishes for the duration of this compact any right, privilege or power it  may  have to  apply  for any modification of the terms of the decree of the United States Supreme Court in New Jersey v. New  York,  347  U.S.  995  (1954) which  would  increase or decrease the diversions authorized or increase or decrease the releases required thereunder, except that  a  proceeding to modify such decree to increase diversions or compensating releases in connection  with such increased diversions may be prosecuted by a proper party to effectuate rights, powers, duties and obligations under Section 3.3 of this compact, and except as may be  required  to  effectuate  the provisions of paragraphs III B 3 and V B of said decree.  3.5 Supreme court decree; specific limitations on commission.   Except  as  specifically  provided  in  Sections  3.3  and 3.4 of this article, nothing in this compact  shall  be  construed  in  any  way  to impair,  diminish  or  otherwise  adversely  affect  the rights, powers, privileges, conditions and obligations contained in the  decree  of  the United  States  Supreme  Court  in  New Jersey v. New York, 347 U.S. 995  (1954). To this end, and  without  limitation  thereto,  the  commission shall not:  (a)  Acquire, construct or operate any project or facility or make any order or take any action  which  would  impede  or  interfere  with  the rights,  powers, privileges, conditions or obligations contained in said decree;  (b) Impose or collect any fee, charge or assessment  with  respect  to diversions of waters of the basin permitted by said decree;  (c)  Exercise any jurisdiction, except upon consent of all the parties to said decree, over the planning, design,  construction,  operation  or control of any projects, structures or facilities constructed or used in connection  with  withdrawals,  diversions and releases of waters of the basin authorized by said decree or of  the  withdrawals,  diversions  or releases to be made thereunder; or  (d)  Serve  as  river master under said decree, except upon consent of all the parties thereto.  3.6 General powers.   The commission may:  (a) Plan, design,  acquire,  construct,  reconstruct,  complete,  own, improve,  extend,  develop,  operate  and maintain any and all projects, facilities, properties,  activities  and  services,  determined  by  the commission  to  be  necessary,  convenient or useful for the purposes of this compact;  (b) Establish standards of  planning,  design  and  operation  of  all projects  and  facilities in the basin which affect its water resources, including without limitation thereto water and waste  treatment  plants, stream   and   lake  recreational  facilities,  trunk  mains  for  water distribution, local flood protection works, small  watershed  management programs, and ground water recharging operations;  (c)  Conduct  and sponsor research on water resources, 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 general hydrological conditions;  (d) Compile and coordinate systematic stream stage  and  ground  water level  forecasting  data,  and  publicize  such  information when and as needed for water uses,  flood  warning,  quality  maintenance  or  other purposes;  (e)  Conduct  such  special  ground  water  investigations, tests, and operations and compile such data relating thereto as may be required  to formulate and administer the comprehensive plan;  (f)  Prepare,  publish  and  disseminate  information and reports with respect to the water problems of the basin and for the  presentation  of the  needs,  resources  and  policies  of  the  basin  to  executive and legislative branches of the signatory parties;  (g) Negotiate for such loans, grants, services or other aids as may be lawfully available from public or private sources to finance  or  assist in  effectuating any of the purposes of this compact; and to receive and accept such aid upon such terms and  conditions,  and  subject  to  such provisions  for  repayment as may be required by federal or state law or as the commission may deem necessary or desirable;  (h) Exercise such other and different powers as may be delegated to it by this compact or otherwise pursuant to law, and have and exercise  all  powers  necessary or convenient to carry out its express powers or which may be reasonably implied therefrom.  3.7 Rates and charges.   The  commission  may from time to time after public notice and hearing fix,  alter  and  revise  rates,  rentals,   charges   and   tolls   and classifications  thereof,  for the use of facilities which it may own or operate  and  for  products  and  services  rendered  thereby,   without regulation  or  control  by  any  department,  office  or  agency of any signatory party.  3.8 Referral and review.   No project having a substantial effect on the water resources  of  the basin  shall  hereafter  be  undertaken  by  any  person, corporation or governmental authority unless it shall have been first submitted to  and approved  by  the  commission, subject to the provisions of Sections 3.3 and 3.5. The commission shall approve a project whenever  it  finds  and determines  that such project would not substantially impair or conflict with the comprehensive plan and may modify and approve as  modified,  or may  disapprove  any  such project whenever it finds and determines that the project would substantially impair or conflict with such  plan.  The commission  shall provide by regulation for the procedure of submission, review  and  consideration  of  projects,  and  for  its  determinations pursuant  to this section. Any determination of the commission hereunder shall  be  subject  to  judicial  review  in  any  court  of   competent jurisdiction.  3.9 Coordination and cooperation.   The   commission  shall  promote  and  aid  the  coordination  of  the activities  and  programs  of  federal,  state,  municipal  and  private agencies  concerned with water resources administration in the basin. To this end, but without limitation thereto, the commission may:  (a)  Advise,  consult,  contract,  financially  assist,  or  otherwise cooperate with any and all such agencies;  (b) Employ any other agency or instrumentality of any of the signatory parties  or  of  any  political  subdivision  thereof,  in  the  design, construction,  operation  and  maintenance  of   structures,   and   the installation  and  management of river control systems, or for any other purpose;  (c) Develop and adopt plans and specifications  for  particular  water resources  projects  and  facilities which so far as consistent with the comprehensive plan incorporate any separate plans of  other  public  and private   organizations   operating   in   the  basin,  and  permit  the decentralized administration thereof;  (d) Qualify as a  sponsoring  agency  under  any  federal  legislation heretofore or hereafter enacted to provide financial or other assistance for  the planning, conservation, utilization, development, management or control of water resources.  3.10 Advisory committees.   The commission may constitute and empower advisory  committees,  which may be comprised of representatives of the public and of federal, state, county  and municipal governments, water resources agencies, water-using industries, water-interest groups, labor and agriculture.                           ARTICLE 4--WATER SUPPLY  Section 4.1 Generally.    The commission shall have power to develop, implement  and  effectuate plans  and projects for the use of the waters 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, 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 such diversion is duly 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 undertake to provide stream regulation in the  main stream  or  any tributary in the basin and may assess on an annual basis or otherwise the cost thereof upon water users or any classification  of them  specially  benefited thereby to a measurable extent, provided that no such assessment shall exceed the actual benefit to  any  water  user. Any  such  assessment  shall  follow the procedure prescribed by law for local improvement assessments and shall be subject to judicial review in any court of competent jurisdiction.  4.4 Coordination.   Prior to entering upon the execution of any project authorized by this article, the commission shall review and consider all  existing  rights, plans   and   programs   of   the  signatory  parties,  their  political subdivisions, private parties, and water users which  are  pertinent  to such project, and shall hold a public hearing on each proposed project.  4.5 Additional powers.   In  connection  with  any  project  authorized  by  this  article, the commission shall have power to provide storage, treatment,  pumping  and transmission  facilities,  but  nothing  herein  shall  be  construed to authorize the commission to  engage  in  the  business  of  distributing water.                        ARTICLE 5--POLLUTION CONTROL  Section 5.1 General powers.   The  commission may undertake investigations and surveys, and acquire, construct, operate and  maintain  projects  and  facilities  to  control potential  pollution and abate or dilute existing pollution of the water resources of the basin. It may  invoke  as  complainant  the  power  and  jurisdiction  of  water  pollution  abatement  agencies of the signatory parties.  5.2 Policy and standards.   The commission may assume jurisdiction to control future pollution and abate  existing  pollution  in  the  waters  of  the  basin, whenever it determines after investigation and public hearing upon due  notice  that the  effectuation of the comprehensive plan so requires. The standard of such control shall be that pollution by sewage or  industrial  or  other waste  originating within a signatory state shall not injuriously affect waters of the basin as  contemplated  by  the  comprehensive  plan.  The commission,  after  such  public  hearing may classify the waters of the basin and establish standards of  treatment  of  sewage,  industrial  or other  waste,  according  to  such  classes  including allowance for the variable factors of surface and ground  waters,  such  as  size  of  the stream,  flow,  movement,  location,  character,  self-purification, and usage of the waters  affected.  After  such  investigation,  notice  and hearing  the commission may adopt and from time to time amend and repeal rules, regulations and standards to control such  future  pollution  and abate  existing  pollution,  and  to  require  such treatment of sewage, industrial or other waste within a time reasonable for the  construction of  the  necessary works as may be required to protect the public health or to preserve the waters of the basin for uses in accordance  with  the comprehensive plan.  5.3 Cooperative legislation and administration.   Each  of  the  signatory  parties covenants and agrees to prohibit and control  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 rivers, streams, and waters in the basin which flow through, under, into or border upon any of such signatory states, and in order to effect such object,  agrees  to  enact any necessary legislation to enable each such party to place and maintain the waters of said basin in  a  satisfactory condition,  available  for  safe  and  satisfactory  use  as  public and industrial water  supplies  after  reasonable  treatment,  suitable  for recreational  usage, capable of maintaining fish and other aquatic life, free from unsightly or malodorous nuisances due to  floating  solids  or sludge  deposits  and adaptable to such other uses as may be provided by the comprehensive plan.  5.4 Enforcement.   The commission may, after investigation and hearing, issue an order or orders upon any person  or  public  or  private  corporation,  or  other entity, to cease the discharge of sewage, industrial or other waste into waters of the basin which it determines to be in violation of such rules and  regulations  as  it  shall  have  adopted  for  the  prevention and abatement of pollution. Any such order or orders may prescribe the date, including a reasonable time for the construction of any necessary works, on  or  before  which  such  discharge  shall  be  wholly  or  partially discontinued,  modified  or  treated,  or  otherwise  conformed  to  the requirements  of  such  rules  and  regulations.  Such  order  shall  be reviewable  in  any  court  of competent jurisdiction. The courts of the signatory parties shall have jurisdiction to enforce against any person, public or private corporation, or other entity, any and  all  provisions of this Article or of any such order. The commission may bring an action in  its  own  name in any such court of competent jurisdiction to compel compliance with any provision of this Article, or any rule or regulation  issued pursuant thereto or of any such order, according to the  practice and procedure of the court.  5.5 Further jurisdiction.   Nothing  in  this  compact  shall  be  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 General powers.   The  commission  may  plan, design, construct and operate and maintain projects and facilities, as it may deem necessary or desirable for flood damage reduction. It shall have power to operate such facilities and  to store  and  release waters on the Delaware 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 Flood plain zoning.  (a) The commission  shall  have  power  to  adopt,  amend  and  repeal recommended  standards, in the manner provided by this section, relating to the nature and extent of  the  uses  of  land  in  areas  subject  to flooding  by  waters  of  the  Delaware  River and its tributaries. Such standards shall not be deemed to impair or restrict  the  power  of  the signatory  parties  or  their political subdivisions to adopt zoning and other land use regulations not inconsistent therewith.  (b) The commission may study and determine the nature  and  extent  of the  flood  plains  of  the Delaware River and its tributaries. Upon the basis of such studies, it may establish encroachment lines and delineate the areas subject to flood, including a  classification  of  lands  with reference  to  relative risk of flood and the establishment of standards for flood plain use which will safeguard the public health,  safety  and property.  Prior  to the adoption of any standards delineating such area or defining such use, the commission shall hold public hearings, in  the manner  provided  by  Article  14, with respect to the substance of such standards. At or before such  public  hearings  the  proposed  standards shall  be  available,  and  all  interested  persons  shall  be given an opportunity to be heard thereon at the hearing. Upon  the  adoption  and promulgation of such standards, the commission may enter into agreements to  provide technical and financial aid to any municipal corporation for the administration and enforcement of any local land use  ordinances  or regulations giving effect to such standards.  6.3 Flood lands acquisition.   The  commission  shall  have  power  to  acquire the fee or any lesser interest in lands and improvements thereon within the area  of  a  flood plain  for  the purpose of restricting the use of such property so as to minimize the flood hazard, converting property to  uses  appropriate  to flood  plain  conditions,  or  preventing unwarranted constrictions that reduce the ability of the river channel to carry flood water.  Any  such action  shall  be  in  accord with the standards adopted and promulgated pursuant to Section 6.2.  6.4 Flood and stream stage warnings and posting.   The commission may cause lands particularly subject  to  flood  to  be posted with flood hazard warnings, and may from time to time cause flood  advisory  notices  to  be  published  and  circulated  as conditions may warrant.                       ARTICLE 7--WATERSHED MANAGEMENT  Section 7.1 Watersheds generally.   The  commission  shall promote sound practices of watershed management in the basin, including projects and facilities  to  retard  runoff  and waterflow and prevent soil erosion.  7.2 Soil conservation and forestry.   The commission may acquire, sponsor or operate facilities and projects to  encourage  soil  conservation,  prevent  and control erosion, and to promote land reclamation and sound forestry practices.  7.3 Fish and wildlife.   The commission may acquire, sponsor or operate projects and facilities for the maintenance  and  improvement  of  fish  and  wildlife  habitats related to the water resources of the basin.  7.4 Cooperative planning and operation.  (a)  The  commission  shall cooperate with the appropriate agencies of the signatory parties and with other public and private agencies in  the planning  and  effectuation  of  a coordinated program of facilities and projects authorized by this Article.  (b) The commission shall not operate  any  such  project  or  facility unless  it has first found and determined that no other suitable unit or agency of government is available to operate the  same  upon  reasonable conditions,  in  accordance  with  the  intent  and purpose expressed in Section 1.5 of this compact.                            ARTICLE 8--RECREATION  Section 8.1 Development.   The commission shall provide for  the  development  of  water  related public  sports  and  recreational  facilities. The commission on its own account or in cooperation with a signatory party, political  subdivision or any agency thereof, may provide for the construction, maintenance and administration  of such facilities, subject to the provisions of Section 8.2 hereof.  8.2 Cooperative planning and operation.  (a) The commission shall cooperate with the  appropriate  agencies  of the  signatory parties and with other public and private agencies in the planning and effectuation of a coordinated  program  of  facilities  and projects authorized by this article.  (b)  The  commission  shall  not  operate any such project or facility unless it has first found and determined that no other suitable unit  or agency  of  government  is available to operate the same upon reasonable conditions, in accordance with  the  intent  and  purpose  expressed  in Section 1.5 of this compact.  8.3 Operation and maintenance.   The commission, within limits prescribed by this article, shall:  (a) Encourage activities of other public agencies having water related recreational interests and assist in the coordination thereof;  (b)  Recommend  standards  for  the  development and administration of water related recreational facilities;  (c) Provide for  the  administration,  operation  and  maintenance  of recreational  facilities  owned  or controlled by the commission and for the letting and supervision of private concessions  in  accordance  with this article.  8.4 Concessions.   The  commission  shall  after  notice  and  public  hearing provide by regulation for  the  award  of  contracts  for  private  concessions  in connection  with  recreational  facilities,  including  any  renewal  or extension  thereof,  upon   sealed   competitive   bids   after   public advertisement therefor.                       ARTICLE 9--HYDROELECTRIC POWER  Section 9.1 Development.   The  waters of the Delaware River and its tributaries may be impounded and used by or under authority of the commission for the  generation  of hydroelectric  power  and  hydroelectric  energy, in accordance with the comprehensive plan.  9.2 Power generation.   The commission may develop and operate, or authorize to  be  developed and  operated,  dams  and  related  facilities and appurtenances for the purpose of generating hydroelectric power and hydroelectric energy.  9.3 Transmission.   The  commission  may  provide  facilities  for  the  transmission   of hydroelectric  power  and hydroelectric energy 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.  9.4 Development contracts.   The  commission  may  after  public  notice  and  hearing  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.  9.5 Rates and charges.   Rates  and charges fixed by the commission for power which is produced by its facilities shall be reasonable, nondiscriminatory, and just.            ARTICLE 10--REGULATION OF WITHDRAWALS AND DIVERSIONS  Section 10.1 Power of regulation.   The commission may regulate and  control  withdrawals  and  diversions from  surface waters and ground waters of the basin, as provided by this article. The commission may enter into  agreements  with  the  signatory parties  relating to the exercise of such power of regulation or control and may delegate to any of them such powers of the commission as it  may deem necessary or desirable.  10.2 Determination of protected areas.   The  commission  may  from  time to time after public hearing upon due notice determine and delineate such areas within the basin  wherein  the demands  upon supply made by water users have developed or threatened to  develop to such a degree as to create a water shortage or to  impair  or conflict  with  the  requirements  or  effectuation of the comprehensive plan, and any such areas may be designated  as  "protected  areas."  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.  10.3 Withdrawal permits.   In  any protected areas so determined and delineated, no person, firm, corporation or other entity shall divert or withdraw water for domestic, municipal, agricultural or industrial uses in excess of such  quantities as  the  commission  may  prescribe  by  general  regulation, except (i) pursuant to a permit granted under this article, or (ii) pursuant  to  a permit  or  approval  heretofore  granted  under  the laws of any of the signatory states.  10.4 Emergency.   In the event of a drought or other condition which may cause an actual and immediate shortage of available water supply within  the  basin,  or within  any  part  thereof,  the  commission  may, after public hearing, determine and delineate the area of such shortage and  declare  a  water supply  emergency  therein.  For  the  duration  of  such  emergency  as determined by the commisssion no  person,  firm,  corporation  or  other public or private entity shall divert or withdraw water for any purpose, in  excess of such quantities as the commission may prescribe by general regulation or authorize by special permit granted hereunder.  10.5 Standards.   Permits shall be granted, modified or denied as the case may be so  as to avoid such depletion of the natural stream flows and ground waters in the  protected area or in an emergency area as will adversely affect the comprehensive plan or the just and equitable  interests  and  rights  of other  lawful users of the same source, giving due regard to the need to balance and reconcile alternative and conflicting uses in the  event  of an actual or threatened shortage of water of the quality required.  10.6 Judicial review.   The  determinations  and  delineations  of  the commission pursuant to Section 10.2  and  the  granting,  modification  or  denial  of  permits pursuant  to  Section  10.3  through  10.5  shall be subject to judicial review in any court of competent jurisdiction.  10.7 Maintenance of records.   Each state shall provide for the maintenance and preservation of  such records  of  authorized diversions and withdrawals and the annual volume thereof  as  the  commission   shall   prescribe.   Such   records   and supplementary  reports  shall  be  furnished  to  the  commission at its request.  10.8 Existing state systems.   Whenever the commission finds its necessary or desirable  to  exercise the powers conferred by this article any diversion or withdrawal permits authorized or issued under the laws of any of the signatory states shall be  superseded  to  the  extent  of  any  conflict  with the control and regulation exercised by the commission.                   ARTICLE 11--INTERGOVERNMENTAL RELATIONS  Section 11.1 Federal agencies and projects.   For  the  purposes of avoiding conflicts of jurisdiction and of giving full effect to the commission as a  regional  agency  of  the  signatory parties, the 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:  (a) The planning of all projects related to powers  delegated  to  the commission  by this compact shall be undertaken in consultation with the commission;  (b) No expenditure or commitment shall be made for or  on  account  of the  construction,  acquisition  or operation of any project or facility nor shall it be deemed authorized,  unless  it  shall  have  first  been included by the commission in the comprehensive plan;  (c)  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.  11.2 State and local agencies and projects.   For the purpose of avoiding conflicts of jurisdiction  and  of  giving full  effect  to  the  commission  as a regional agency of the signatory parties, the following rules shall  govern  projects  of  the  signatory states,  their  political subdivisions and public corporations affecting water resources of the basin:  (a) The planning of all projects related to powers  delegated  to  the commission  by this compact shall be undertaken in consultation with the commission;  (b) No expenditure or commitment shall be made for or  on  account  of the  construction,  acquisition  or operation of any project or facility unless it shall have first  been  included  by  the  commission  in  the comprehensive plan;  (c)  Each  state and local agency otherwise authorized by law to plan, design, construct, operate or maintain any project or facility in or for the basin shall continue to have, exercise and discharge such authority, except as specifically provided by this section.  11.3 Reserved taxing powers of states.   Each of the signatory parties reserves the right to levy,  assess  and collect  fees,  charges  and  taxes  on or measured by the withdrawal or diversion of waters of the basin for use within the jurisdictions of the respective signatory parties.  11.4 Project costs and evaluation standards.   The commission shall establish uniform standards  and  procedures  for the  evaluation,  determination  of  benefits,  and  cost allocations of projects affecting the basin,  and  for  the  determination  of  project priorities,  pursuant  to the requirements of the comprehensive plan and its water resources program. The commission shall develop equitable cost sharing and reimbursement formulas for the signatory parties including:  (a) Uniform and consistent procedures for the  allocation  of  project costs among purposes included in multiple-purpose programs;  (b)  Contracts  and  arrangements for sharing financial responsibility among and with signatory parties,  public  bodies,  groups  and  private enterprise, and for the supervision of their performance;  (c)  Establishment  and  supervision  of  a  system  of  accounts  for reimbursable purposes and directing the payments and charges to be  made from such accounts;  (d) Determining the basis and apportioning amounts (i) of reimbursable revenues  to  be paid signatory parties or their political subdivisions, and (ii) of payments in lieu of taxes to any of them.  11.5 Cooperative services.   The   commission   shall   furnish   technical  services,  advice  and consultation to authorize agencies of the signatory parties with respect to the water resources of the basin, and each of the  signatory  parties pledges  itself  to provide technical and administrative services to the commission upon request, within the limits of  available  appropriations and  to cooperate generally with the commission for the purposes of this compact, and the cost of such services may be reimbursable whenever  the parties deem appropriate.                        ARTICLE 12--CAPITAL FINANCING  Section 12.1 Borrowing power.   The  commission  may  borrow  money  for  any  of the purposes of this compact, and may issue its  negotiable  bonds  and  other  evidences  of indebtedness  in  respect  thereto.  All  such  bonds  and  evidences of indebtedness shall be payable solely out of the properties and  revenues of  the  commission  without  recourse  to taxation. The bonds and other obligations of the commission, except as may be  otherwise  provided  in the  indenture under which they were issued, shall be direct and general obligations of the 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.  12.2 Funds and expenses.   The purposes of this compact shall include without limitation  thereto all  costs  of  any  project  or facility or any part thereof, including interest  during  a  period  of  construction  and  a  reasonable   time thereafter  and  any  incidental  expenses  (legal, engineering, fiscal, financial consultant and other  expenses)  connected  with  issuing  and disposing  of  the  bonds;  all  amounts required for the creation of an operating fund, construction fund, reserve fund, sinking fund, or  other special  fund;  all  other expenses connected with the planning, design, acquisition, construction, completion, improvement or reconstruction  of any  facility  or any part thereof; and reimbursement of advances by the commission or by others for such purposes and for working capital.  12.3 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.  12.4 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  the  payment  of  any  premium,  duplicate  interest or cash adjustment required in connection therewith) issued by the commission or  issued by any other issuing body, the proceeds of the sale of which have been applied to any facility acquired by the  commission  or  which  are payable  out of the revenues of any facility acquired by the commission. Bonds  may  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.  12.5 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 nor affected in any way by: (i) the disposition  of  bond  proceeds  by  the commission  or  by  contract, commitment or action taken with respect to such proceeds; or (ii) the failure to complete any part of  the  project for  which  bonds  are authorized to be issued. The commission may issue bonds in one or more series and may provide for one or more consolidated 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.  12.6 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.  12.7 Maximum maturity.   No  bond  by  its terms shall mature in more than fifty years from its own date and in the event any authorized issue is divided  into  two  or more  series  or  divisions, the maximum maturity date hereby 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.  12.8 Tax exemption.   All bonds issued by  the  commission  under  the  provisions  of  this compact  and  the interest thereof shall at all times be free and exempt from all taxation by or under authority of any of the signatory parties, except for transfer, inheritance and estate taxes.  12.9 Interest.   Bonds shall bear interest at a  rate  determined  by  the  commission, payable annually or semi-annually.  12.10 Place of payment.   The  commission  may  provide  for  the  payment  of the principal and interest of bonds at any place or places within or without the signatory states, and in any specified lawful  coin  or  currency  of  the  United States of America.  12.11 Execution.   The  commission  may  provide  for the execution and authentication of bonds by the manual, lithographed  or  printed  facsimile  signature  of officers  of  the  commission,  and  by  additional  authentication by a trustee or fiscal agent appointed by  the  commission.  If  any  of  the officers whose signatures or counter signatures appear upon the bonds or coupons  cease  to  be  officers  before  the  delivery  of the bonds or coupons, their signatures or counter signatures are  nevertheless  valid and  of  the  same  force  and effect as if the officers had remained in office until the delivery of the bonds and coupons.  12.12 Holding own bonds.   The commission shall have power out of any funds available therefor to purchase its bonds and may hold, cancel or resell such bonds.  12.13 Sale.   The commission may fix terms and conditions  for  the  sale  or  other disposition  of  any  authorized issue of bonds. The commission may sell bonds at less than their par or face value but no issue of bonds may  be sold  at  an aggregate price below the par or face value thereof if such sale would result in a net interest cost to  the  commission  calculated upon the entire issue so sold of more than six percent per annum payable semi-annually,  according  to  standard tables of bond values. All bonds issued and sold for cash pursuant to this act shall be  sold  on  sealed proposals  to  the  highest  bidder.  Prior to such sale, the commission shall advertise for bids by publication of a notice  of  sale  not  less than ten days prior to the date of sale, at least once in a newspaper of general  circulation  printed  and  published  in New York City carrying municipal bond notices and devoted  primarily  to  financial  news.  The commission may reject any and all bids submitted and may thereafter sell  the  bonds  so  advertised  for  sale at private sale to any financially responsible bidder under such terms and  conditions  as  it  deems  most advantageous  to the public interest, but the bonds shall not be sold at a  net  interest  cost  calculated  upon the entire issue so advertised, greater than the lowest  bid  which  was  rejected.  In  the  event  the commission  desires  to  issue  its  bonds  in  exchange for an existing facility or portion thereof, or in exchange for  bonds  secured  by  the revenues  of  an  existing  facility, it may exchange such bonds for the existing facility or portion thereof or for the bonds so  secured,  plus an additional amount of cash, without advertising such bonds for sale.  12.14 Negotiability.   All  bonds  issued under the provisions of this compact are negotiable instruments, except when registered in the name of a registered owner.  12.15 Legal investments.   Bonds of the commission shall be legal investments for savings  banks, fiduciaries and public funds in each of the signatory states.  12.16 Validation proceedings.   Prior  to  the  issuance  of any bonds, the commission may institute a special proceeding to determine the legality of proceedings to issue the bonds and their validity under the laws of any of the signatory parties. Such 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.  12.17 Recording.   No indenture need be recorded or filed in  any  public  office,  other than  the  office  of the commission. The pledge of revenues provided in any indenture shall  take  effect  forthwith  as  provided  therein  and irrespective  of  the date of receipt 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 to the indenture trustee.  12.18 Pledged revenues.   Bond redemption and interest payments shall, to the extent provided in the resolution or indenture, constitute a first,  direct  and  exclusive charge  and  lien  on all such rates, rents, tolls, 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.  12.19 Remedies.   The holder of any bond may for the equal benefit and protection of all holders   of   bonds  similarly  situated:  (a)  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 (b) by action or suit in a court of competent jurisdiction of any signatory party require the commission to account as if it were  the trustee  of  an express trust, or enjoin any acts or things which may be unlawful or in violation of the rights of the holders of the bonds.  The enumeration  of  such rights and remedies does not, however, exclude the exercise or prosecution of any other rights or remedies available to the holders of bonds.  12.20 Capital financing by signatory parties; guarantees.  (a) The signatory parties will provide such capital funds required for projects of the commission as may  be  authorized  by  their  respective statutes  in  accordance  with  a cost sharing plan prepared pursuant to Article 11 of this compact; but nothing in this section shall be  deemed to impose any mandatory obligation on any of the signatory parties other than  such  obligations  as  may  be  assumed  by  a  signatory party in connection with a specific project or facility.  (b) Bonds of the commission, notwithstanding any  other  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 guarantee 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  non-reimbursable funds or property in any form for the capital or operating purposes of the commission.                    ARTICLE 13--PLAN, PROGRAM AND BUDGETS  Section 13.1 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; provided that the plan shall include any projects required to  conform  with  any present  or  future  decree  or  judgment  of  any  court  of  competent jurisdiction. The 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 and their political subdivisions.  The  commission shall  conduct  public  hearings  with respect to the comprehensive plan prior to the adoption of the plan or any part or revision thereof.  13.2 Water resources program.   The commission shall annually adopt a water resources  program,  based upon  the  comprehensive plan, consisting of the projects and facilities which the commission proposes to be undertaken by the commission and  by  other  authorized  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;   3)  a  separate statement of the projects proposed to be undertaken by the commission during such period.  13.3 Annual current expense and capital budgets.  (a) The commission shall annually adopt a capital budget including all capital projects it proposes to undertake or continue during the  budget period  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 amounts so apportioned for the support of the current expense budget  in their  respective budgets next to be adopted, subject to such review and approval as may be required by  their  respective  budgetary  processes. Such  amounts  shall  be  due and payable to the commission in quarterly installments during its fiscal year, provided that  the  commission  may draw  upon  its  working  capital  to finance its current expense budget pending remittances by the signatory parties.                       ARTICLE 14--GENERAL PROVISIONS  Section 14.1 Auxiliary powers of commission; functions of commissioners.  (a) The commission, for the purposes of this compact, may:   1) Adopt and use a corporate seal, enter into contracts,  sue  and  be sued in all courts of competent jurisdiction;   2)  Receive  and  accept such payments, appropriations, grants, gifts, loans, advances and other funds,  properties  and  services  as  may  be transferred  or  made  available  to it by any signatory party or by any other public or  private  corporation  or  individual,  and  enter  into agreements to make reimbursement for all or part thereof;    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 instrumentalities created by compact;   3)  Provide  for  the  internal organization and administration of the commission;   4) Appoint the principal officers of the commission  and  delegate  to and allocate among 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, appointment, removal, term, tenure, compensation, pension and retirement rights of its officers and employees;   6)  Let  and  execute  contracts  to  carry  out  the  powers  of  the commission.  14.2 Regulations; enforcement.   The commission may:  (a)  Make  and  enforce  reasonable  rules  and  regulations  for  the effectuation, application and enforcement of this compact;  and  it  may adopt  and enforce practices and schedules for or in connection with the use, maintenance and administration of projects and  facilities  it  may own  or  operate  and  any product or service rendered thereby; provided that any rule or regulation, other than one which deals solely with  the internal  management  of  the  commission,  shall  be adopted only after public hearing and shall not be effective  unless  and  until  filed  in accordance  with  the law of the respective signatory parties applicable to administrative rules and regulations generally; and  (b) Designate any officer, agent or employee of the commission  to  be an  investigator  or  watchman  and such person shall be vested with the powers of a peace officer of the state in which he is duly  assigned  to perform his duties.  14.3 Tax exemption.   The  commission,  its  property,  functions,  and  activities shall 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  shall,  as  to  specific  projects,  make payments  to  local taxing districts in annual amounts which shall equal the taxes lawfully assessed upon property for the tax year next 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.  14.4 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 prior  to the  adoption of the comprehensive plan, water resources program, annual capital and current expense budgets, the letting of any contract for the sale or other disposition by the commission of hydroelectric  energy  or water  resources  to any person, corporation or entity, and in all other cases wherein this compact requires a public hearing. Such hearing shall be held upon at least ten days public notice given  by  posting  at  the offices  of  the commission. The commission shall also provide forthwith for distribution of such notice to the press and by  the  mailing  of  a copy thereof to any person who shall request such notices.  (c)  The  minutes  of  the commission shall be a public record open to inspection at its offices during regular business hours.  14.5 Officers generally.  (a) The officers of the  commission  shall  consist  of  an  executive director  and  such  additional officers, deputies and assistants as the commission may determine. The executive director shall be appointed  and may  be  removed  by  the  affirmative  vote  of  a majority of the full membership of the commission. All other officers and employees shall  be appointed by the executive director under such rules of procedure as the commission may determine.  (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 removed from office by the commission.  14.6 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.  14.7 Bond.   Each officer shall give such bond and in such form and amount  as  the commission may require for which the commission may pay the premium.  14.8 Prohibited activities.  (a) No commissioner officer or employee shall:   1)  be  financially  interested, either directly or indirectly, in any contract, sale, purchase, lease or transfer of real or personal property to which the commission is a party;   2) solicit or accept money or any other thing of value in addition  to the  compensation  or  expenses  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 shall willfully violate any of the provisions of this section shall forfeit his office or employment.  (c) Any contract or agreement knowingly made in controvention 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.  14.9 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  two  thousand five hundred 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  ten 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 end 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.  14.10 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.  14.11 Annual independent audit.  (a)  As  soon  as  practical  after the closing of the fiscal year, an audit shall be made of the financial accounts  of  the  commission.  The audit  shall  be made by qualified certified public accountants selected by the commission, who have no personal interest direct or  indirect  in the  financial  affairs  of  the  commission  or  any of its officers or employees.  The report of audit shall be  prepared  in  accordance  with accepted  accounting  practices and shall be filed with the chairman and such other officers as the commission shall direct. Copies of the report shall be distributed to each commissioner and shall  be  made  available for public distribution.  (b)  Each  signatory  party  by  its duly authorized officers shall be entitled to examine and audit at any time all of the  books,  documents, records,  files and accounts and all other papers, things or property of the commission. The representatives of the signatory parties shall  have access  to  all  books, documents, records, accounts, reports, files and all other papers, things or property belonging  to  or  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.  14.12 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.  14.13 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 management of or construction by the commission of any facility or project;   3) Make payments to the commission for  benefits  received  or  to  be received  from the operation of any of the projects or facilities of the commission.  (b) Any funds which may be  loaned  to  the  commission  either  by  a signatory  party  or  a political subdivision thereof shall be repaid by the commission through the issuance of bonds or out of other  income  of the  commission,  such  repayment to be made within such period and upon  such terms as  may  be  agreed  upon  between  the  commission  and  the signatory party or political subdivision making the loan.  14.14 Condemnation proceedings.  (a) The commission shall have the power to acquire by 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 and any property held,  constructed,  operated  or  maintained  in connection  with a diversion authorized by a United States Supreme Court decree. Any condemnation of any property or franchises owned or used  by a  municipal  or  privately  owned  public  utility, unless the affected public utility facility is to be relocated or replaced, shall be subject to the authority of such state board, commission or other  body  as  may have regulatory jurisdiction over such public utility.  (b)  Such  power of condemnation shall be exercised in accordance with the provisions of any federal law applicable to the commission; provided that  if  there  is  no  such  applicable  federal   law,   condemnation proceedings  shall  be in accordance with the provisions of such general state condemnation law as may be in force  in  the  signatory  state  in which the property is located.  (c)  Any  award or compensation for the taking of property 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.  14.15 Conveyance of lands and relocation of public facilities.  (a) The respective officers,  agencies,  departments,  commissions  or bodies  having  jurisdiction and control over real and personal property owned by the signatory parties are authorized and empowered to  transfer and  convey in accordance with the laws of the respective parties to the commission any such property as may be necessary or  convenient  to  the effectuation of the authorized purposes of the commission.  (b)  Each  political  subdivision  of each of the signatory parties is authorized and empowered, notwithstanding any contrary provision of law, to grant and convey to the commission, upon  the  commission's  request, any  real  property  or  any  interest  therein  owned by such 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.  14.16 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.  14.17 Penal sanction.   Any  person,  association  or  corporation who violates or attempts or conspires to  violate  any  provision  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  offense  is committed;  provided  that  in  the  absence  of such provision any such person, association or corporation shall be liable to a penalty  of  not less  than  $50 nor more than $1000 for each such offense to be fixed by the court which the commission may recover in its own name in any  court of  competent  jurisdiction, and in a 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.  14.18 Tort liability.   The commission shall be responsible for  claims  arising  out  of  the negligent  acts  or omissions of its officers, agents and employees 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.  14.19 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.  14.20 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.  14.21 Construction and severability.   The provisions of this act  and  of  agreements  thereunder  shall  be severable  and  if  any  phrase,  clause,  sentence or provision of this 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 this 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 this compact be reasonably and liberally construed.  14.22 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  Delaware,  New  Jersey and New York, and the Commonwealth of Pennsylvania. The compact shall be signed and sealed  in  six  duplicate original  copies  by  the  respective  chief executives of the signatory parties. One such copy shall be filed with the  Secretary  of  State  of each  of  the  signatory  parties  or in accordance with the laws of the state in which the filing is made, and  one  copy  shall  be  filed  and retained  in  the  archives of the commission upon its organization. The signatures shall be affixed and attested under the following form:    In Witness Whereof, and in evidence of the adoption and enactment into law of this compact by the Congress and legislatures,  respectively,  of the  signatory  parties,  the  President  of  the  United States and the respective Governors do hereby, in accordance with  authority  conferred by  law, sign this compact in six duplicate original copies, as attested by the respective secretaries of state, and have caused the seals of the United States and of  the  respective  states  to  be  hereunto  affixed this........day of.......