reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-9 - Alternates

32:11D-9. 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.
L.1961, c. 13, p. 48, s. 2.3.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-10 - Compensation

32:11D-10. 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.
L.1961, c. 13, p. 49, s. 2.4.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-11 - Voting power

32:11D-11. Voting power
Each member shall be entitled to 1 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.
L.1961, c. 13, p. 49, s. 2.5.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-12 - Organization and procedure

32:11D-12. 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.
L.1961, c. 13, p. 49, s. 2.6.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-13 - Jurisdiction of the commission

32:11D-13. 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.
L.1961, c. 13, p. 49, s. 2.7.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-14 - Purpose and policy

32:11D-14. 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 co-ordinated 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.
L.1961, c. 13, p. 49, s. 3.1.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-15 - Comprehensive plan, program and budgets

32:11D-15. 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.
L.1961, c. 13, p. 50, s. 3.2.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-16 - Allocations, diversions and releases

32:11D-16. 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 1 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.
L.1961, c. 13, p. 50, s. 3.3.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-17 - Supreme Court decree; waivers

32:11D-17. 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.
L.1961, c. 13, p. 51, s. 3.4.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-18 - Supreme Court decree; specific limitations on commission

32:11D-18. 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.
L.1961, c. 13, p. 52, s. 3.5.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-19 - General powers

32:11D-19. 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 co-ordinate 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.
L.1961, c. 13, p. 53, s. 3.6.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-20 - Rates and charges

32:11D-20. 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.
L.1961, c. 13, p. 54, s. 3.7.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-21 - Referral and review

32:11D-21. 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.
L.1961, c. 13, p. 54, s. 3.8.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-22 - Co-ordination and co-operation

32:11D-22. Co-ordination and co-operation
The commission shall promote and aid the co-ordination 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 co-operate 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.
L.1961, c. 13, p. 55, s. 3.9.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-23 - Advisory committees

32:11D-23. 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.
L.1961, c. 13, p. 55, s. 3.10.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-24 - Generally

32:11D-24. 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.
L.1961, c. 13, p. 55, s. 4.1.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-25 - Storage and release of waters

32:11D-25. 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.
L.1961, c. 13, p. 56, s. 4.2.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-26 - Assessable improvements

32:11D-26. 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.
L.1961, c. 13, p. 56, s. 4.3.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-27 - Co-ordination

32:11D-27. Co-ordination
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.
L.1961, c. 13, p. 57, s. 4.4.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-28 - Additional powers

32:11D-28. 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.
L.1961, c. 13, p. 57, s. 4.5.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-29 - General powers

32:11D-29. 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.
L.1961, c. 13, p. 57, s. 5.1.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-30 - Policy and standards

32:11D-30. 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.
L.1961, c. 13, p. 57, s. 5.2.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-31 - Co-operative legislation and administration

32:11D-31. Co-operative 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 co-operate 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.
L.1961, c. 13, p. 58, s. 5.3.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-32 - Enforcement

32:11D-32. 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.
L.1961, c. 13, p. 58, s. 5.4.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-33 - Further jurisdiction

32:11D-33. 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.
L.1961, c. 13, p. 59, s. 5.5.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-34 - General powers

32:11D-34. 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.
L.1961, c. 13, p. 59, s. 6.1.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-35 - Flood plain zoning

32:11D-35. 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.
L.1961, c. 13, p. 60, s. 6.2.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-36 - Flood lands acquisition

32:11D-36. 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.
L.1961, c. 13, p. 60, s. 6.3.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-37 - Flood and stream stage warnings and posting

32:11D-37. 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.
L.1961, c. 13, p. 61, s. 6.4.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-38 - Watersheds generally

32:11D-38. 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.
L.1961, c. 13, p. 61, s. 7.1.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-39 - Soil conservation and forestry

32:11D-39. 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.
L.1961, c. 13, p. 61, s. 7.2.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-40 - Fish and wildlife

32:11D-40. 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.
L.1961, c. 13, p. 61, s. 7.3.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-41 - Co-operative planning and operation

32:11D-41. Co-operative planning and operation
(a) The commission shall co-operate with the appropriate agencies of the signatory parties and with other public and private agencies in the planning and effectuation of a co-ordinated 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.
L.1961, c. 13, p. 61, s. 7.4.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-42 - Development

32:11D-42. 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.
L.1961, c. 13, p. 62, s. 8.1.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-43 - Co-operative planning and operation

32:11D-43. Co-operative planning and operation
(a) The commission shall co-operate with the appropriate agencies of the signatory parties and with other public and private agencies in the planning and effectuation of a co-ordinated 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.
L.1961, c. 13, p. 62, s. 8.2.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-44 - Operation and maintenance

32:11D-44. 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 co-ordination 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.
L.1961, c. 13, p. 62, s. 8.3.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-45 - Concessions

32:11D-45. 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.
L.1961, c. 13, p. 62, s. 8.4.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-46 - Development

32:11D-46. 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.
L.1961, c. 13, p. 63, s. 9.1.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-47 - Power generation

32:11D-47. 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.
L.1961, c. 13, p. 63, s. 9.2.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-48 - Transmission

32:11D-48. 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.
L.1961, c. 13, p. 63, s. 9.3.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-49 - Development contracts

32:11D-49. 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 other appurtenances.
L.1961, c. 13, p. 63, s. 9.4.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-50 - Rates and charges

32:11D-50. Rates and charges
Rates and charges fixed by the commission for power which is produced by its facilities shall be reasonable, nondiscriminatory, and just.
L.1961, c. 13, p. 63, s. 9.5.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-51 - Power of regulation

32:11D-51. 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.
L.1961, c. 13, p. 64, s. 10.1.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-52 - Determination of protected areas

32:11D-52. Determination of protected areas
The commission may from time to time after public hearing upon due notice determine and delineate such areas within the basin wherein the demands upon supply made by water users have developed or threaten to develop to such a degree as to create a water shortage or to impair or conflict with the 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.
L.1961, c. 13, p. 64, s. 10.2.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-53 - Withdrawal permits

32:11D-53. 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.
L.1961, c. 13, p. 64, s. 10.3.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-54 - Emergency

32:11D-54. 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 commission 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.
L.1961, c. 13, p. 64, s. 10.4.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-55 - Standards

32:11D-55. 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.
L.1961, c. 13, p. 65, s. 10.5.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-56 - Judicial review

32:11D-56. 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.
L.1961, c. 13, p. 65, s. 10.6.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-57 - Maintenance of records

32:11D-57. 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.
L.1961, c. 13, p. 65, s. 10.7.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-58 - Existing State systems

32:11D-58. Existing State systems
Whenever the commission finds it necessary or desirable to exercise the powers conferred by this article any diversion or withdrawal permits authorized or issued under the laws of any of the signatory States shall be superseded to the extent of any conflict with the control and regulation exercised by the commission.
L.1961, c. 13, p. 65, s. 10.8.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-59 - Federal agencies and projects

32:11D-59. 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.
L.1961, c. 13, p. 66, s. 11.1.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-60 - State and local agencies and projects

32:11D-60. 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.
L.1961, c. 13, p. 66, s. 11.2.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-61 - Reserved taxing powers of States

32:11D-61. 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.
L.1961, c. 13, p. 67, s. 11.3.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-62 - Project costs and evaluation standards

32:11D-62. 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.
L.1961, c. 13, p. 67, s. 11.4.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-63 - Co-operative services

32:11D-63. Co-operative services
The commission shall furnish technical services, advice and consultation to authorized agencies of the signatory parties with respect to the water resources of the basin, and each of the signatory parties pledges itself to provide technical and administrative services to the commission upon request, within the limits of available appropriations and to co-operate generally with the commission for the purposes of this compact, and the cost of such services may be reimbursable whenever the parties deem appropriate.
L.1961, c. 13, p. 68, s. 11.5.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-64 - Borrowing power

32:11D-64. 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.
L.1961, c. 13, p. 68, s. 12.1.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-65 - Funds and expenses

32:11D-65. 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.
L.1961, c. 13, p. 68, s. 12.2.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-66 - Credit excluded; officers, State and municipal

32:11D-66. 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.
L.1961, c. 13, p. 69, s. 12.3.
2023 New Jersey Revised Statutes › Title 32 - Interstate and Port Authorities and Commissions › Section 32:11D-67 - Funding and refunding

32:11D-67. 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.
L.1961, c. 13, p. 69, s. 12.4.