2023 New York Laws › ENV - Environmental Conservation › Article 21 - Pollution Control Compacts › Title 13 - Susquehanna River Basin Compact › 21-1301 - Susquehanna River Basin Compact.

§ 21-1301. Susquehanna river basin compact.
The  Susquehanna river basin compact as first entered into pursuant to
chapter 785 of the laws of 1967, is hereby continued as follows:
SUSQUEHANNA RIVER BASIN COMPACT
Preamble
Whereas the signatory parties hereto recognize the  water  resources  of
the Susquehanna River Basin as regional assets vested with local, state,
and  national  interest  for which they have a joint responsibility; and
declare as follows:
1. The conservation, utilization, development, management, and control
of  the  water  resources  of  the   Susquehanna   River   Basin   under
comprehensive multiple purpose planning will bring the greatest benefits
and produce the most efficient service in the public interest; and
2.  This  comprehensive  planning  administered by a basin-wide agency
will provide flood damage reduction,  conservation  and  development  of
surface   and   ground  water  supply  for  municipal,  industrial,  and
agricultural uses, development of recreational facilities in relation to
reservoirs, lakes and streams, propagation of fish and  game,  promotion
of  forest  land  management, soil conservation, and watershed projects,
protection and aid to  fisheries,  development  of  hydroelectric  power
potentialities,  improved  navigation,  control  of the movement of salt
water, abatement and control  of  water  pollution,  and  regulation  of
stream flows toward the attainment of these goals; and
3.  The  water  resources  of  the  basin are presently subject to the
duplicating, overlapping, and uncoordinated administration  of  a  large
number  of governmental agencies which exercise a multiplicity of powers
resulting in a splintering of authority and responsibility; and
4. The Interstate Advisory Committee on the Susquehanna  River  Basin,
created by action of the states of New York, Pennsylvania, and Maryland,
on the basis of its studies and deliberation has concluded that regional
development  of  the Susquehanna River Basin is feasible, advisable, and
urgently needed, and has recommended that an  intergovernmental  compact
with Federal participation be consummated to this end; and
5.  The  Congress of the United States and the executive branch of the
Federal  government  have  recognized  a  national   interest   in   the
Susquehanna  River  Basin  by  authorizing  and  directing  the Corps of
Engineers of the Department of the Army, the Department of  Agriculture,
the  Department  of  Health,  Education  and  Welfare, the Department of
Interior,  and  other  Federal   agencies   to   cooperate   in   making
comprehensive  surveys and reports concerning the water resources of the
Susquehanna River Basin in which individually or severally the technical
aid and  assistance  of  many  Federal  and  state  agencies  have  been
enlisted,  and  which  are  being  or  have  been  coordinated through a
Susquehanna River Basin Study Coordinating Committee on which the  Corps
of   Engineers  of  the  Department  of  the  Army,  the  Department  of
Agriculture, the Department  of  Commerce,  the  Department  of  Health,
Education  and  Welfare,  the  Department of Interior, the Department of
Housing and Urban Development  and  its  predecessor  Housing  and  Home
Finance  Agency,  the  Federal  Power  Commission, and the States of New
York, Pennsylvania, and Maryland are or were represented; and
6. Some three million people live and work in  the  Susquehanna  River
Basin  and  its  environs, and the government, employment, industry, and
economic development of the entire region and the  health,  safety,  and
general  well  being  of  its  population  are  and  will continue to be
affected  vitally  by  the   conservation,   utilization,   development,
management, and control of the water resources of the basin; and
7. Demands upon the water resources of the basin are expected to mount
because  of  anticipated  increases  in  population  and  by  reason  of
industrial and economic growth of the basin and its service area; and
8.  Water  resources  planning and development are technical, complex,
and  expensive,  often  requiring  fifteen  to  twenty  years  from  the
conception to the completion of large or extensive projects; and
9.  The  public  interest  requires  that facilities must be ready and
operative when and where needed, to  avoid  the  damages  of  unexpected
floods or prolonged drought, and for other purposes; and
10.  The  Interstate Advisory Committee on the Susquehanna River Basin
has prepared a draft of an intergovernmental compact for the creation of
a basin agency, and the  signatory  parties  desire  to  effectuate  the
purposes thereof;
Now therefore
The   States  of  New  York  and  Maryland  and  the  Commonwealth  of
Pennsylvania, and the United States of America hereby solemnly  covenant
and  agree with each other, upon the enactment of concurrent legislation
by the Congress of  the  United  States  and  by  the  respective  state
legislatures,  to  the Susquehanna River Basin Compact which consists of
this Preamble and the Articles that follow.
ARTICLE 1--SHORT TITLE, DEFINITIONS, PURPOSES, AND LIMITATIONS
Section 1.1. Short Title.
This compact shall be known and may be cited as the Susquehanna  River
Basin Compact.
1.2 Definitions.
For  the  purposes  of  this  compact,  and  of  any  supplemental  or
concurring legislation enacted pursuant to it:
1. "Basin" shall mean the area of drainage of  the  Susquehanna  River
and  its  tributaries  into  Chesapeake  Bay to the southern edge of the
Pennsylvania Railroad bridge  between  Harve  de  Grace  and  Perryvile,
Maryland.
2.  "Commission"  shall  mean  the  Susquehanna River Basin Commission
hereby created, and the term "Commissioner" shall mean a member  of  the
commission.
3. "Cost" shall mean direct and indirect expenditures, commitment, and
net  induced  adverse  effects,  whether or not compensated for, used or
incurred   in   connection   with   the   establishment,    acquisition,
construction, maintenance, and operation of a project.
4.  "Diversion"  shall  mean  the  transfer  of water into or from the
basin.
5. "Facility" shall mean any real  or  personal  property,  within  or
without  the basin, and improvements thereof or thereon, and any and all
rights of way, water, water rights, plants, structures,  machinery,  and
equipment   acquired,  constructed,  operated,  or  maintained  for  the
beneficial use of water resources or  related  land  uses  or  otherwise
including, without limiting the generality of the foregoing, any and all
things  and  appurtenances  necessary,  useful,  or  convenient  for the
control, collection, storage, withdrawal, diversion, release, treatment,
transmission, sale, or exchange of water; or for navigation thereon,  or
the  development  and  use of hydroelectric energy and power, and public
recreational facilities; of the propagation of fish and wildlife; or  to
conserve and protect the water resources of the basin or any existing or
future  water  supply  source, or to facilitate any other uses of any of
them.
6. "Federal government" shall mean the government of the United States
of America, and any appropriate branch, department, bureau, or  division
thereof, as the case may be.
7.  "Project"  shall  mean  any  work,  service,  or activity which is
separately planned, financed, or identified by the  commission,  or  any
separate  facility  undertaken  or to be undertaken by the commission or
otherwise within a specified area, for  the  conservation,  utilization,
control,  development,  or  management  of  water resources which can be
established and utilized independently or as an addition to an  existing
facility  and  can  be  considered  as a separate entity for purposes of
evaluation.
8. "Signatory party" shall mean a state or commonwealth party to  this
compact, or the Federal government.
9.  "Waters"  shall mean both surface and underground waters which are
contained within the drainage area  of  the  Susquehanna  River  in  the
states of New York, Pennsylvania, and Maryland.
10.  "Water  resources"  shall  include all waters and related natural
resources within the basin.
11. "Withdrawal" shall mean a taking or  removal  of  water  from  any
source within the basin for use within the basin.
12.  "Person"  shall  mean  an  individual,  corporation, partnership,
unincorporated association, and the like and shall have no  gender,  and
the singular shall include the plural.
1.3 Purpose and Findings.
The legislative bodies of the respective signatory parties hereby find
and declare:
1.  The  water  resources  of the Susquehanna River Basin are affected
with a local, state, regional, and national interest, and the  planning,
conservation, utilization, development, management, and control of these
resources,   under   appropriate   arrangements   for  intergovernmental
cooperation, are public purposes of the respective signatory parties.
2. The water resources of the  basin  are  subject  to  the  sovereign
rights  and  responsibilities  of  the  signatory parties, and it is the
purpose of this compact to provide for a joint exercise of these  powers
of sovereignty in the common interest of the people of the region.
3. The water resources of the basin are functionally interrelated, and
the  uses of these resources are interdependent. A single administrative
agency is therefore essential for effective  and  economical  direction,
supervision, and coordination of water resources efforts and programs of
federal, state, and local governments and of private enterprise.
4.  Present  and  future  demands  require  increasing  economies  and
efficiencies in the use and reuse of water resources, and these  can  be
brought   about   only   by  comprehensive  planning,  programming,  and
management under the direction of a single administrative agency.
5. In general, the purposes of this compact are to promote  interstate
comity;  to  remove  causes  of possible controversy; to make secure and
protect developments within the states; to encourage and provide for the
planning,  conservation,  utilization,  development,   management,   and
control  of the water resources of the basin; to provide for cooperative
and coordinated planning  and  action  by  the  signatory  parties  with
respect  to  water  resources;  and  to apply the principle of equal and
uniform treatment to all users of water and of water related  facilities
without regard to political boundaries.
6.  It  is  the  express  intent  of  the  signatory  parties that the
commission shall engage in the construction, operation, and  maintenance
of  a project only when the project is necessary to the execution of the
comprehensive plan and no other competent agency is  in  a  position  to
act, or such agency fails to act.
1.4. Powers of Congress; Withdrawal.
Nothing   in  this  compact  shall  be  construed  to  relinquish  the
functions, powers, or duties of the Congress of the United  States  with

respect  to  the  control  of  any navigable waters within the basin nor
shall any provisions hereof be construed in derogation  of  any  of  the
constitutional  powers  of  the  Congress to regulate commerce among the
states  and with foreign nations. The power and right of the Congress to
withdraw the Federal government as a party to this compact or to  revise
or  modify  the  terms,  conditions,  and  provisions under which it may
remain a party by amendment, repeal,  or  modification  of  any  Federal
statute applicable hereto is recognized by the signatory parties.
1.5 Duration of Compact.
(a)  The  duration  of this compact shall be for an intitial period of
100 years from its  effective  date,  and  it  shall  be  continued  for
additional  periods of 100 years if not less than 20 years nor more than
25 years  prior  to  the  termination  of  the  initial  period  or  any
succeeding  period  none of the signatory states, by authority of an act
of its legislature, notifies the commission of  intention  to  terminate
the compact at the end of the then current 100-year period.
(b)  In  the  event  this compact should be terminated by operation of
paragraph (a) above, the commission shall be dissolved, its  assets  and
liabilities transferred in accordance with the equities of the signatory
parties  therein,  and its corporate affairs wound up in accordance with
agreement of the signatory parties or, failing agreement, by act of  the
Congress.
ARTICLE 2--ORGANIZATION AND AREA
Section 2.1 Commission Created.
The  Susquehanna  River  Basin  Commission is hereby created as a body
politic and corporate, with succession for the duration of this compact,
as an agency and instrumentality of the governments  of  the  respective
signatory parties.
2.2 Commission Membership.
The members of the commission shall be the governor or the designee of
the  governor of each signatory state, to act for him, and one member to
be appointed by the President of the  United  States  to  serve  at  the
pleasure of the President.
2.3 Alternates.
An  alternate  from  each  signatory  party  shall be appointed by its
member of the commission unless otherwise provided by the  laws  of  the
signatory  party.  The  alternate,  in  the absence of the member, shall
represent the member and act for him. In the event of a vacancy  in  the
office  of  alternate,  it  shall  be  filled  in the same manner as the
original appointment.
2.4 Compensation.
Members  of  the  commission  and  alternates  shall   serve   without
compensation  from  the  commission  but may be reimbursed for necessary
expenses incurred in and incident to the performance of their duties.
2.5 Voting Power.
Each member is entitled to one vote. No action of the  commission  may
be taken unless three of the four members vote in favor thereof.
2.6 Organization and Procedure.
The  commission  shall provide for its own organization and procedure,
and shall adopt the rules and regulations  governing  its  meetings  and
transactions.  It  shall organize annually by the election of a chairman
and vice-chairman from among its members. It shall provide by its  rules
for  the  appointment  by each member in his discretion of an advisor to
serve without compensation from  the  commission,  who  may  attend  all
meetings of the commission and its committees.
2.7 Jurisdiction of the Commission.
The  commission  shall  have,  exercise,  and discharge its functions,
powers, and duties within the limits of the basin.  Outside  the  basin,

the  commission  shall  act  at  its  discretion, but only to the extent
necessary to implement its responsibilities within the basin, and  where
necessary  subject  to  the  consent of the state wherein it proposes to
act.
ARTICLE 3--POWERS AND DUTIES OF THE COMMISSION
Section 3.1 General.
The  Commission  shall  develop  and  effectuate  plans, policies, and
projects relating to the water resources of the basin.  It  shall  adopt
and  promote  uniform  and  coordinated  policies  for  water  resources
conservation and management in the basin. It shall encourage and  direct
the planning, development, operation, and subject to applicable laws the
financing  of  water  resources  projects  according  to  such plans and
policies.
3.2 Policy.
It is the policy of the signatory parties to preserve and utilize  the
functions,  powers,  and  duties of the existing offices and agencies of
government  to  the  extent  consistent  with  this  compact,  and   the
commission  is  directed  to  utilize those offices and agencies for the
purposes of this compact.
3.3 Comprehensive Plan, Program and Budgets.
The commission in accordance with Article 14 of  this  compact,  shall
formulate and adopt:
1.  A  comprehensive  plan,  after consultation with appropriate water
users and interested public bodies for  the  immediate  and  long  range
development and use of the water resources of the basin;
2. A water resources program, based upon the comprehensive plan, which
shall  include  a systematic presentation of the quantity and quality of
water resources needs of the area  to  be  served  for  such  reasonably
foreseeable period as the commission may determine, balanced by existing
and  proposed  projects  required  to  satisfy such needs, including all
public and  private  projects  affecting  the  basin,  together  with  a
separate  statement  of  the  projects  proposed to be undertaken by the
commission during such period; and
3. An annual current expense  budget  and  an  annual  capital  budget
consistent  with  the commission's program, projects, and facilities for
the budget period.
3.4 Powers of Commission.
The commission may:
1. Plan,  design,  acquire,  construct,  reconstruct,  complete,  own,
improve,  extend,  develop,  operate, and maintain any and all projects,
facilities, properties, activities, and services which are determined by
the commission to be necessary, convenient, or useful for  the  purposes
of this compact.
2.  Establish  standards  of  planning,  design,  and operation of all
projects and facilities in the basin to the  extent  they  affect  water
resources,  including without limitation thereto water, sewage and other
waste treatment plants and facilities,  pipelines,  transmission  lines,
stream   and   lake  recreational  facilities,  trunk  mains  for  water
distribution,  local  flood  protection  works,   watershed   management
programs, and ground water recharging operations.
3. Conduct and sponsor research on water resources and their planning,
use, conservation, management, development, control, and protection, and
the  capacity,  adaptability, and best utility of each facility thereof,
and collect, compile, correlate, analyze, report, and interpret data  on
water  resources  and  uses  in  the basin, including without limitation
thereto the relation of  water  to  other  resources,  industrial  water
technology,  ground  water  movement,  relation  between water price and

water demand  and  other  economic  factors,  and  general  hydrological
conditions.
4.  Collect, compile, coordinate, and interpret systematic surface and
ground water data, and publicize such information when and as needed for
water uses, flood warning, quality maintenance, or other purposes.
5.  Conduct  ground  and  surface  water  investigations,  tests,  and
operations,  and  compile  data  relating  thereto as may be required to
formulate and administer the comprehensive plan.
6.  Prepare,  publish,  and  disseminate   information   and   reports
concerning  the  water problems of the basin and for the presentation of
the needs and resources of the basin and policies of the  commission  to
executive and legislative branches of the signatory parties.
7.  Negotiate  loans, grants, gifts, services, or other aids as may be
lawfully available from public or private sources to finance  or  assist
in  effectuating  any  of  the purposes of this compact, and receive and
accept them upon terms and conditions, and subject to provisions, as may
be required by Federal or state  law  or  as  the  commission  may  deem
necessary or desirable.
8.  Exercise such other and different powers as may be delegated to it
by this compact or otherwise pursuant to law, and have and exercise  all
powers necessary or convenient to carry out its express powers and other
powers which reasonably may be implied therefrom.
9.  Adopt,  amend,  and repeal rules and regulations to implement this
compact.
3.5 Duties of the Commission.
The commission shall:
1. Develop and effectuate plans, policies, and  projects  relating  to
water  resources,  adopt, promote, and coordinate policies and standards
for water resources conservation, control, utilization, and  management,
and  promote  and  implement the planning, development, and financing of
water resources projects.
2.  Undertake  investigations,  studies,  and  surveys,  and  acquire,
construct,  operate,  and  maintain projects and facilities in regard to
the water resources of the basin, whenever it is deemed necessary to  do
so to activate or effectuate any of the provisions of this compact.
3.  Administer,  manage,  and  control  water resources in all matters
determined by the commission to be interstate in nature  or  to  have  a
major effect on the water resources and water resources management.
4.  Assume  jurisdiction  in  any  matter  affecting  water  resources
whenever it determines after investigation and public hearing  upon  due
notice  given,  that  the  effectuation of the comprehensive plan or the
implementation of this compact so requires. If the commission finds upon
subsequent hearing requested by an affected  signatory  party  that  the
party  will  take  the  necessary  action, the commission may relinquish
jurisdiction.
5. Investigate and determine if the requirements of the compact or the
rules and regulations of  the  commission  are  complied  with,  and  if
satisfactory  progress has not been made, institute an action or actions
in its own name in any state or federal court of competent  jurisdiction
to  compel compliance with any and all of the provisions of this compact
or any of the rules and regulations of the commission  adopted  pursuant
thereto. An action shall be instituted in the name of the commission and
shall be conducted by its own counsel.
3.6 Cooperative Legislation and Further Jurisdiction.
(a)  Each  of the signatory parties agrees that it will seek enactment
of such additional  legislation  as  will  be  required  to  enable  its
officers,  departments,  commissions,  boards,  and agents to accomplish

effectively the obligations and duties assumed under the terms  of  this
compact.
(b)  Nothing  in  the compact shall be construed to repeal, modify, or
qualify the authority of any signatory party to enact any legislation or
enforce  any  additional  conditions   and   restrictions   within   its
jurisdiction.
3.7 Coordination and Cooperation.
The   commission  shall  promote  and  aid  the  coordination  of  the
activities and  programs  of  Federal,  state,  municipal,  and  private
agencies  concerned with water resources administration in the basin. To
this end, but without limitation thereto, the commission may:
1.  Advise,  consult,  contract,  financially  assist,  or   otherwise
cooperate with any and all such agencies;
2.  Employ any other agency or instrumentality of any of the signatory
parties  or  of  any  political  subdivision  thereof,  in  the  design,
construction,   operation,   and  maintenance  of  structures,  and  the
installation and management of river control systems, or for  any  other
purpose;
3.  Develop  and  adopt  plans and specifications for particular water
resources projects and facilities which so far as  consistent  with  the
comprehensive  plan  incorporate  any separate plans of other public and
private  organizations  operating  in  the   basin,   and   permit   the
decentralized administration thereof;
4.  Qualify  as  a  sponsoring  agency  under  any Federal legislation
heretofore or hereafter enacted to provide financial or other assistance
for the planning, conservation, utilization, development, management, or
control of water resources.
3.8 Allocations, Diversions, and Releases.
(a) The commission shall have power from time  to  time  as  the  need
appears,  to  allocate  the  waters of the basin to and among the states
signatory to this compact and impose  related  conditions,  obligations,
and release requirements.
(b)  The  commission  shall  have  power from time to time as the need
appears to enter into agreements with other river basin  commissions  or
other  states  with  respect  to  in-basin and out-of-basin allocations,
withdrawals, and diversions.
(c) No allocation of  waters  made  pursuant  to  this  section  shall
constitute  a  prior  appropriation of the waters of the basin or confer
any superiority of right in respect to the  use  of  those  waters,  nor
shall  any  such  action be deemed to constitute an apportionment of the
waters of the basin among the parties hereto. This subsection shall  not
be deemed to limit or restrict the power of the commission to enter into
covenants  with  respect  to water supply, with a duration not exceeding
the life of this compact, as it may deem necessary for  the  benefit  or
development of the water resources of the basin.
3.9 Rates and Charges.
The commission, from time to time after public hearing upon due notice
given may fix, alter, and revise rates, rentals, charges, and tolls, and
classifications   thereof,   without   regulation   or  control  by  any
department, office, or agency of any signatory party,  for  the  use  of
facilities  owned  or operated by it, and any services or products which
it provides.
3.10 Referral and Review.
No projects affecting the water resources of the basin,  except  those
not  requiring  review  and approval by the commission under paragraph 3
following, shall be undertaken by any person, governmental authority  or
other  entity  prior  to submission to and approval by the commission or
appropriate agencies of the signatory parties for review.
1. All water resources projects for which a permit or  other  form  of
permission to proceed with construction or implementation is required by
legislative  action  of a signatory party or by rule or regulation of an
office or agency of a signatory  party  having  functions,  powers,  and
duties  in  the  planning,  conservation,  development,  management,  or
control of water resources shall  be  submitted  as  heretofore  to  the
appropriate  office  or  agency  of  the  signatory party for review and
approval. To assure that the commission  is  apprised  of  all  projects
within  the  basin, monthly reports and listings of all permits granted,
or similar actions taken,  by  offices  or  agencies  of  the  signatory
parties  shall  be submitted to the commission in a manner prescribed by
it.
Those projects which also require commission approval pursuant to  the
provisions  of  paragraphs 2(ii) and 2(iii) following shall be submitted
to the commission through appropriate offices or agencies of a signatory
party, except that, if no agency of a signatory party has  jurisdiction,
such  projects  shall  be  submitted  directly to the commission in such
manner as the commission shall prescribe.
2. Approval of the commission shall be required for, but  not  limited
to, the following:
(i) All projects on or crossing the boundary between any two signatory
states;
(ii) Any project involving the diversion of water;
(iii)  Any  project within the boundaries of any signatory state found
and determined by the commission or by any agency of a  signatory  party
having  functions,  powers,  and  duties  in the planning, conservation,
development, management,  or  control  of  water  resources  to  have  a
significant  effect  on  water resources within another signatory state;
and
(iv) Any project which has been  included  by  the  commission,  after
hearing,  as  provided  in  Article  14,  Section 14.1, as a part of the
commission's  comprehensive  plan  for  the  development  of  the  water
resources  of  the  basin, or which would have a significant effect upon
the plan.
3. Review and approval by the commission shall not be required for:
(i) Projects which fall into an exempt classification  or  designation
established  by  legislative  action  of a signatory party or by rule or
regulation of an office or agency of a signatory party having functions,
powers,  and  duties  in  the   planning,   conservation,   development,
management,  or  control  of  water  resources.  The  sponsors  of those
projects are not required to obtain a permit or other form of permission
to proceed with construction or implementation, unless it is  determined
by  the  commission  or  by  the  agency  of a signatory party that such
project or projects may cause an  adverse,  adverse  cumulative,  or  an
interstate  effect  on  water  resources  of  the basin, and the project
sponsor has been notified in writing by the commission or by the  agency
of a signatory party that commission approval is required.
(ii)  Projects which are classified by the commission as not requiring
its view and approval, for so long as they are so classified.
4. The commission shall approve a project if it  determines  that  the
project  is  not  detrimental  to  the proper conservation, development,
management, or control of the water  resources  of  the  basin  and  may
modify  and  approve  as  modified, or may disapprove the project, if it
determines that  the  project  is  not  in  the  best  interest  of  the
conservation,  development,  management, or control of the basin's water
resources, or is in conflict with the comprehensive plan.
5. The commission, after consultation with the appropriate offices  or
agencies  of  the  signatory  parties,  shall establish the procedure of

submission, review, and consideration of  projects.  Any  procedure  for
review  and approval of diversions of water shall include public hearing
on due notice given with opportunity for interested  persons,  agencies,
governmental  units,  and  signatory  parties to be heard and to present
evidence. A complete transcript of the proceedings at the hearing  shall
be  made  and  preserved, and it shall be made available under rules for
that purpose adopted by the commission.
6. Any determination of the commission pursuant to this article or any
article of the compact providing for judicial review shall be subject to
such judicial review in any court of  competent  jurisdiction,  provided
that  an  action or proceeding or for such review is commenced within 90
days from the effective date of the determination sought to be reviewed;
but a determination of the  commission  concerning  a  diversion,  under
Section  3.10-2(ii)  with  the claimed effect of reducing below a proper
minimum the flow of water in that portion of the basin within  the  area
of  a  signatory  party,  shall  be subject to judicial review under the
particular provisions of paragraph 7 below.
7. Any signatory party deeming itself aggrieved by an  action  of  the
commission  concerning  a  diversion  under  Section 3.10-2(ii) with the
claimed effect of reducing below a proper minimum the flow of  water  in
that  portion  of the basin which lies within the area of that signatory
party, and notwithstanding the powers provided to the commission by this
compact, may have review of commission action approving the diversion in
the Supreme Court of the United States; provided that a  proceeding  for
such  review is commenced within one year from the date of action sought
to be reviewed. Any such review shall be on the record made  before  the
commission.  The  action of the commission shall be affirmed, unless the
court finds that it is not supported by substantial evidence.
3.11 Advisory Committees.
The commission may constitute and empower advisory committees.
ARTICLE 4--WATER SUPPLY
Section 4.1 Generally.
The commission shall have power to develop, implement, and  effectuate
plans  and  projects for the use of the water of the basin for domestic,
municipal, agricultural, and  industrial  water  supply.  To  this  end,
without  limitation  thereto,  it  may  provide for, construct, acquire,
operate,  and  maintain  dams,  reservoirs,  and  other  facilities  for
utilization  of  surface  and  ground  water  resources, and all related
structures,  appurtenances,  and  equipment  on  the   river   and   its
tributaries  and at such off-river sites as it may find appropriate, and
may regulate and control the use thereof.
4.2 Storage and Release of Waters.
(a) The commission shall have power to  acquire,  construct,  operate,
and  control  projects  and  facilities  for  the storage and release of
waters, for the regulation of flows and supplies of surface, and  ground
waters of the basin, for the protection of public health, stream quality
control,  economic  development,  improvement  of fisheries, recreation,
dilution and abatement of pollution, the prevention of  undue  salinity,
and other purposes.
(b)  No  signatory  party  shall permit any augmentation of flow to be
diminished by the diversion of any water of the basin during any  period
in  which  waters are being released from storage under the direction of
the commission for the purpose of augmenting such flow, except in  cases
where  the diversion is authorized by this compact, or by the commission
pursuant thereto, or by the judgment, order, or decree  of  a  court  of
competent jurisdiction.
4.3 Assessable Improvements.
The commission may provide water management and regulation in the main
stream  or  any  tributary  in  the  basin  and,  in accordance with the
procedures of applicable state laws, may assess on an  annual  basis  or
otherwise  the  cost  thereof  upon water users or any classification of
them  specially  benefited thereby to a measurable extent, provided that
no such assessment shall exceed the actual benefit to  any  water  user.
Any  such  assessment  shall  follow the procedure prescribed by law for
local improvement assessments and shall be  subject  to  review  in  any
court of competent jurisdiction.
4.4 Coordination.
Prior to entering upon the execution of any project authorized by this
article,  the  commission shall review and consider all existing rights,
plans,  and  programs  of  the  signatory   parties,   their   political
subdivisions,  private  parties,  and water users which are pertinent to
such project, and shall hold a public hearing on each proposed project.
4.5 Additional Powers.
In connection  with  any  project  authorized  by  this  article,  the
commission  shall have power to provide storage, treatment, pumping, and
transmission facilities,  but  nothing  herein  shall  be  construed  to
authorize  the  commission  to  engage  in  the business of distributing
water.
ARTICLE 5--WATER QUALITY MANAGEMENT AND CONTROL
Section 5.1 General Powers.
(a) The commission  may  undertake  or  contract  for  investigations,
studies,  and  surveys  pertaining to existing water quality, effects of
varied actual or projected operations on water  quality,  new  compounds
and  materials  and  probable  future  water  quality  in the basin. The
commission may receive, expend, and administer  funds,  Federal,  state,
local,  or  private  as  may  be  available to carry out these functions
relating to water quality investigations.
(b) The commission  may  acquire,  construct,  operate,  and  maintain
projects  and facilities for the management and control of water quality
in the basin whenever the commission  deems  necessary  to  activate  or
effectuate any of the provisions of this compact.
5.2 Policy and Standards.
(a)  In  order  to conserve, protect, and utilize the water quality of
the basin in accordance with the best interests of  the  people  of  the
basin  and  the  states,  it  shall  be  the policy of the commission to
encourage and  coordinate  the  efforts  of  the  signatory  parties  to
prevent,  reduce, control, and eliminate water pollution and to maintain
water quality as required by the comprehensive plan.
(b) The legislative  intent  in  enacting  this  article  is  to  give
specific  emphasis  to  the  primary role of the states in water quality
management and control.
(c) The commission  shall  recommend  to  the  signatory  parties  the
establishment,  modification,  or  amendment of standards of quality for
any waters of the basin in relation to their  reasonable  and  necessary
use as the commission shall deem to be in the public interest.
(d) The commission shall encourage cooperation and uniform enforcement
programs  and  policies  by  the  water  quality control agencies of the
signatory parties in meeting the water quality standards established  in
the comprehensive plan.
(e)  The  commission  may  assume  jurisdiction whenever it determines
after investigation and public hearing upon due notice  given  that  the
effectuation   of   the  comprehensive  plan  so  requires.  After  such
investigation, notice, and hearing, the commission may adopt such rules,
regulations, and water quality standards as may be required to preserve,

protect, improve, and develop the quality of the waters of the basin  in
accordance with the comprehensive plan.
5.3 Cooperative Administration and Enforcement.
(a)  Each  of  the  signatory  parties  agrees to prohibit and control
pollution of the waters of the basin according to  the  requirements  of
this  compact  and  to  cooperate  faithfully  in  the control of future
pollution in and abatement of existing pollution from the waters of  the
basin.
(b)  The  commission  shall  have  the  authority  to  investigate and
determine if the requirements of the compact or the rules,  regulations,
and  water  quality standards of the commission are complied with and if
satisfactory progress has not been made,  may  institute  an  action  or
actions  in  its  own  name  in  the proper court or courts of competent
jurisdiction to compel compliance with any and all of the provisions  of
this  compact  or  any  of  the  rules,  regulations,  and water quality
standards of the commission adopted pursuant thereto.
5.4 Further Jurisdiction.
Nothing in this compact shall  be  construed  to  repeal,  modify,  or
qualify the authority of any signatory party to enact any legislation or
enforce  any additional conditions and restrictions to lessen or prevent
the pollution of waters within its jurisdiction.
ARTICLE 6--FLOOD PROTECTION
Section 6.1 Flood Control Authority.
The commission may plan, design, construct, and operate  and  maintain
projects  and facilities it deems necessary or desirable for flood plain
development and flood damage reduction. It shall have power  to  operate
such facilities and to store and release waters of the Susquehanna River
and  its  tributaries and elsewhere within the basin, in such manner, at
such times, and under  such  regulations  as  the  commission  may  deem
appropriate to meet flood conditions as they may arise.
6.2 Regulation.
(a)  The  commission  may study and determine the nature and extent of
the flood plains of the Susquehanna River and its tributaries. Upon  the
basis  of  the  studies,  it  may  delineate  area  subject to flooding,
including but not limited to a classification of lands with reference to
relative risk of flooding and the establishment of standards  for  flood
plain  use  which  will  promote  economic development and safeguard the
public health, welfare, safety, and property. Prior to the  adoption  of
any  standards  delineating the area or defining the use, the commission
shall hold  public  hearings  with  respect  to  the  substance  of  the
standards  in  the manner provided by Article 15. The proposed standards
shall be available from the commission at the time notice is given,  and
interested  persons shall be given an opportunity to be heard thereon at
the hearings.
(b) The commission shall have power to promulgate, adopt,  amend,  and
repeal  from time to time as necessary, standards relating to the nature
and extent of the uses of land in areas subject to flooding.
(c) In taking action pursuant to subsection (b) of this section and as
a prerequisite thereto, the commission  shall  consider  the  effect  of
particular  uses of the flood plain in question on the health and safety
of persons and  property  in  the  basin,  the  economic  and  technical
feasibility  of measures available for the development and protection of
the flood plain, and the responsibilities, if any, of local, state,  and
federal  governments connected with the use or proposed use of the flood
plain in question. The commission shall regulate the use  of  particular
flood plains in the manner and degree it finds necessary for the factors
enumerated in this subsection, but only with the consent of the affected
signatory  state,  and shall suspend such regulation when and so long as

the signatory party  or  parties  or  political  subdivision  possessing
jurisdiction  have  in  force applicable laws which the commission finds
give adequate protection for the purpose of this section.
(d)  In  order to conserve, protect, and utilize the Susquehanna River
and its tributaries in accordance with the best interests of the  people
of  the  basin  and the signatory parties, it shall be the policy of the
commission to encourage and coordinate  the  efforts  of  the  signatory
parties  to  control  modification  of  the river and its tributaries by
encroachment.
6.3 Flood Lands Acquisition.
The commission shall have power to  acquire  the  fee  or  any  lesser
interest  in  lands  and improvements thereon within the area of a flood
plain for the purpose of regulating the use or types of construction  of
such property to minimize the flood hazard, convert the property to uses
or  types  of  construction  appropriate  to  flood plain conditions, or
prevent constrictions or obstructions that reduce  the  ability  of  the
river channel and flood plain to carry flood water.
6.4 Existing Structures.
No  rule or regulation issued by the commission pursuant to this shall
be construed to require the demolition, removal, or  alteration  of  any
structure  in place or under construction prior to the issuance thereof,
without  the  payment  of  just  compensation  therefor.  However,   new
construction  or any addition to or alteration in any existing structure
made or commenced subsequent to the issuance of such rule or regulation,
or amendment, shall conform thereto.
6.5 Police Powers.
The regulation of use of flood plain lands is within the police powers
of the signatory states for the protection  of  public  health  and  the
safety of the people and their property and shall not be deemed a taking
of  land  or  lands  for  which compensation shall be paid to the owners
thereof.
6.6 Cooperation.
Each of the signatory parties agrees to control flood plain use  along
and  encroachment  upon  the  Susquehanna  and  its  tributaries  and to
cooperate faithfully in these respects.
6.7 Other Authority.
Nothing in this article shall be construed to prevent or in any way to
limit the power of any signatory party, or  any  agency  or  subdivision
thereof,  to  issue or adopt and enforce any requirement or requirements
with respect to flood plain use or construction thereon  more  stringent
than  the rules, regulations, or encroachment lines in force pursuant to
this article. The commission  may  appear  in  any  court  of  competent
jurisdiction to bring actions or proceedings in law or equity to enforce
the provisions of this article.
6.8 Debris.
The  signatory  states  agree that dumping or littering upon or in the
waters of the Susquehanna River or its tributaries or  upon  the  frozen
surfaces  thereof  of  any  rubbish,  trash,  litter,  debris, abandoned
properties, waste material, or offensive matter, is prohibited and  that
the   law  enforcement  officials  of  each  state  shall  enforce  this
prohibition.
ARTICLE 7--WATERSHED MANAGEMENT
Section 7.1 Watersheds Generally.
The commission shall promote sound practices of  watershed  management
in  the  basin,  including  projects and facilities to retard runoff and
waterflow and prevent soil erosion.
7.2 Soil Conservation and Land and Forest Management.
The commission, subject to the  limitations  in  Section  7.4(b),  may
acquire,  sponsor,  or operate facilities and projects to encourage soil
conservation, prevent and control erosion, and promote land  reclamation
and sound land and forest management.
7.3 Fish and Wildlife.
The  commission,  subject  to  the  limitations in Section 7.4(b), may
acquire, sponsor, or operate projects and facilities for the maintenance
and improvement of fish  and  wildlife  habitat  related  to  the  water
resources of the basin.
7.4 Cooperative Planning and Operation.
(a)  The  commission  shall cooperate with the appropriate agencies of
the signatory parties and with other public and private agencies in  the
planning  and  effectuation  of  a coordinated program of facilities and
projects authorized by this article.
(b) The commission shall not acquire or operate any  such  project  or
facility unless it has first found and determined that no other suitable
unit  or agency of government is in a position to acquire or operate the
same upon reasonable conditions, or such unit or agency fails to do so.
ARTICLE 8--RECREATION
Section 8.1 Development.
The commission may provide for the development of water related public
sports and recreational facilities. The commission on its own account or
in cooperation with a signatory  party,  political  subdivision  or  any
agency  thereof,  may  provide  for  the  construction, maintenance, and
administration of such facilities, subject to the provisions of  Section
8.2 hereof.
8.2 Cooperative Planning Operation.
(a)  The  commission  shall cooperate with the appropriate agencies of
the signatory parties and with other public and private agencies in  the
planning  and  effectuation  of  a coordinated program of facilities and
projects authorized by this article.
(b) The commission shall not operate  any  such  project  or  facility
unless  it has first found and determined that no other suitable unit or
agency of government is available to operate the  same  upon  reasonable
conditions.
8.3 Operation and Maintenance.
The commission, within limits prescribed by this article, shall:
1.  Encourage activities of other public agencies having water related
recreational interests and assist in the coordination thereof;
2. Recommend standards for the development and administration of water
related recreational facilities;
3. Provide for  the  administration,  operation,  and  maintenance  of
recreation  facilities owned or controlled by the commission and for the
letting and supervision of private concessions in accordance  with  this
article.
8.4 Concessions.
The  commission,  after  public  hearing  upon  due notice given shall
provide by regulation a procedure for the award of contracts for private
concessions in connection with its  recreational  facilities,  including
any  renewal or extension thereof, under terms and conditions determined
by the commission.
ARTICLE 9--OTHER PUBLIC VALUES
Section 9.1 Inherent Values.
The signatory parties agree that it is a purpose of  this  compact  in
effectuating  the  conservation  and  management  of  water resources to
preserve and promote the economic  and  other  values  inherent  in  the
historic  and  the scenic and other natural amenities of the Susquehanna
River Basin for the enjoyment and enrichment of future generations,  for

the  promotion  and  protection of tourist attractions in the basin, and
for the maintenance of the economic health  of  allied  enterprises  and
occupations   so   as   to  effect  orderly,  balanced,  and  considered
development in the basin.
9.2 Project Compatibility.
To  this  end,  the signatory parties agree that in the consideration,
authorization, construction, maintenance, and  operation  of  all  water
resources   projects  in  the  Susquehanna  basin,  their  agencies  and
subdivisions, and the Susquehanna River Basin Commission  will  consider
the compatibility of such projects with these other public values.
9.3 Regulation Standards.
The  commission  may recommend to governmental units with jurisdiction
within areas considered  for  scenic  or  historic  designation  minimum
standards  of regulation of land and water use and such other protective
measures as the commission may deem desirable.
9.4 Local Area Protection.
The commission may draft and recommend  for  adoption  ordinances  and
regulations  which  would  assist,  promote,  develop, and protect those
areas and the character of  their  communities.  Local  governments  may
consider  parts  of  their  area  which  have  been designated scenic or
historic areas under the provisions of this article separately from  the
municipality as a whole, and pursuant to the laws of the state governing
the  adoption  of  those  regulations  generally  may  enact regulations
limited to the designated area. In making  recommendations  to  a  local
government  which  is  partly  in  and  partly  out  of such a scenic or
historic area the commission may make  recommendations  for  the  entire
municipality.
ARTICLE 10--HYDROELECTRIC POWER
Section 10.1 Development.
The  waters  of  the  Susquehanna  River  and  its  tributaries may be
impounded and used by or under  authority  of  the  commission  for  the
generation of hydroelectric power and hydroelectric energy in accordance
with the comprehensive plan.
10.2 Power Generation.
The  commission  may develop and operate, or authorize to be developed
and operated, dams and related  facilities  and  appurtenances  for  the
purpose of generating hydroelectric power and hydroelectric energy.
10.3 Transmission.
The   commission  may  provide  facilities  for  the  transmission  of
hydroelectric power and hydroelectric energy produced by it  where  such
facilities  are  not  otherwise available upon reasonable terms, for the
purpose of wholesale marketing of power  and  nothing  herein  shall  be
construed  to  authorize  the  commission  to  engage in the business of
direct sale to consumers.
10.4 Development Contracts.
The commission, after public hearing upon due notice given  may  enter
into  contracts  on  reasonable terms, consideration, and duration under
which public utilities or  public  agencies  may  develop  hydroelectric
power  and  hydroelectric  energy  through  the  use  of  dams,  related
facilities, and appurtenances.
10.5 Rates and Charges.
Rates and charges fixed by the commission for power which is  produced
by its facilities shall be reasonable, nondiscriminatory, and just.
ARTICLE 11--REGULATION OF WITHDRAWAL AND DIVERSIONS;
PROTECTED AREAS AND EMERGENCIES
Section 11.1 Power of Regulation.
The  commission  may  regulate  and control withdrawals and diversions
from surface waters and ground waters of the basin, as provided by  this

article.  The  commission  may  enter into agreements with the signatory
parties relating to the exercise of such power or regulation or  control
and  may delegate to any of them such powers of the commission as it may
deem necessary or desirable.
11.2 Determination of Protected Area.
The commission, from time to time after public hearing upon due notice
given  may  determine  and delineate such areas within the basin wherein
the demands upon supply made by water users have developed  or  threaten
to  develop  to such a degree as to create a water shortage or impair or
conflict with the requirements  or  effectuation  of  the  comprehensive
plan,  and any such area may be designated as a protected area, with the
consent of the member or members from the affected state or states.  The
commission,  whenever it determines that such shortage no longer exists,
shall terminate the protected status of such area and shall give  public
notice of such termination.
11.3 Diversion and Withdrawal Permits.
In  any  protected areas so determined and delineated, no person shall
divert or withdraw  water  for  domestic,  municipal,  agricultural,  or
industrial  uses  in  excess  of  such  quantities as the commission may
prescribe by general  regulations,  except  (1)  pursuant  to  a  permit
granted  under  this  article,  or  (2) pursuant to a permit or approval
heretofore granted under the laws of any of the signatory states.
11.4 Emergency.
(a) In the event of a drought which may cause an actual and  immediate
shortage  of available water supply within the basin, or within any part
thereof, the commission after public hearing upon due notice  given  may
determine  and  delineate the area of the shortage and by unanimous vote
declare a drought emergency therein. For the  duration  of  the  drought
emergency  as  determined  by  the  commission,  it thereupon may direct
increases or decreases  in  any  allocations,  diversions,  or  releases
previously granted or required, for a limited time to meet the emergency
condition.
(b)  In  the  event  of  a disaster or catastrophe other than drought,
natural or manmade, which causes or may cause an  actual  and  immediate
shortage  of  available  and  usable  water, the commission by unanimous
consent may impose direct controls on the use of water  and  shall  take
such  action as is necessary to coordinate the effort of federal, state,
and local agencies and other persons and entities affected.
11.5 Standards.
Permits shall be granted, modified, or denied, as the case may be,  to
avoid  such  depletion  of the natural stream flows and ground waters in
the protected area or in an emergency area as will adversely affect  the
comprehensive  plan  or  the  just and equitable interests and rights of
other lawful users of the same source, giving due regard to the need  to
balance  and  reconcile alternative and conflicting uses in the event of
an actual or threatened shortage of water of the quality required.
11.6 Judicial Review.
The determinations and delineations  of  the  commission  pursuant  to
Section  11.2  and  the  granting,  modification  or  denial  of permits
pursuant to Section 11.3, 11.4, and 11.5 shall be  subject  to  judicial
review in any court of competent jurisdiction.
11.7 Maintenance of Records.
Each   signatory   party   shall   provide  for  the  maintenance  and
preservation of such records of authorized  diversions  and  withdrawals
and  the  annual  volume thereof as the commission shall prescribe. Such
records and supplementary reports shall be furnished to  the  commission
at its request.
11.8 Existing State Systems.
Whenever  the  commission  finds it necessary or desirable to exercise
the powers conferred with respect to emergencies by  this  article,  any
diversion  or  withdrawal permits authorized or issued under the laws of
any of the signatory states shall be superseded to  the  extent  of  any
conflict with the control and regulation exercised by the commission.
ARTICLE 12--INTERGOVERNMENTAL RELATIONS
Section 12.1 Federal Agencies and Projects.
For  the  purposes of avoiding conflicts of jurisdiction and of giving
full effect to the commission as a  regional  agency  of  the  signatory
parties, the following rules shall govern Federal projects affecting the
water  resources of the basin, subject in each case to the provisions of
Section 1.4 of this compact:
1. The planning of all projects related to  powers  delegated  to  the
commission  by this compact shall be undertaken in consultation with the
commission.
2. No expenditure or commitment shall be made for or on account of the
construction, acquisition, or operation of any project or  facility  nor
shall  it be deemed authorized, unless it shall have first been included
by the commission in the comprehensive plan.
3. Each Federal agency otherwise authorized by law  to  plan,  design,
construct,  operate  or  maintain  any project or facility in or for the
basin shall continue to have, exercise,  and  discharge  such  authority
except as specifically provided by this section.
12.2 State and Local Agencies and Projects.
For  the  purposes of avoiding conflicts of jurisdiction and of giving
full effect to the commission as a  regional  agency  of  the  signatory
parties,  the  following  rules  shall  govern projects of the signatory
states, their political subdivisions and public  corporations  affecting
water resources of the basin:
1.  The  planning  of  all projects related to powers delegated to the
commission by this compact shall be undertaken in consultation with  the
commission;
2. No expenditure or commitment shall be made for or on account of the
construction,  acquisition,  or  operation  of  any  project or facility
unless it first has been included by the commission in the comprehensive
plan;
3. Each state and local agency otherwise authorized by  law  to  plan,
design,  construct,  operate,  or maintain any project or facility in or
for the basin shall continue  to  have,  exercise,  and  discharge  such
authority, except as specifically provided by this section.
12.3 Reserved Taxing Powers of States.
Each  of the signatory parties reserves the right to levy, assess, and
collect fees, charges, and taxes on or measured  by  the  withdrawal  or
diversion  of waters of the basin for use within the jurisdiction of the
respective signatory parties.
12.4 Project Costs and Evaluation Standards.
The commission shall establish uniform standards  and  procedures  for
the  evaluation,  determination  of  benefits,  and  cost allocations of
projects affecting the basin,  and  for  the  determination  of  project
priorities,  pursuant  to the requirements of the comprehensive plan and
its water resources program. The commission shall develop equitable cost
sharing and reimbursement formulas for the signatory parties including:
1. Uniform and consistent procedures for  the  allocation  of  project
costs among purposes included in multiple-purpose programs;
2.  Contracts  and  arrangements  for sharing financial responsibility
among and with signatory parties, public  bodies,  groups,  and  private
enterprise, and for the supervision of their performance;
3.   Establishment  and  supervision  of  a  system  of  accounts  for
reimbursement purposes and directing the payments and charges to be made
from such accounts;
4.  Determining the basis and apportioning amounts (i) of reimbursable
revenues to be paid signatory parties or their  political  subdivisions,
and (ii) of payments in lieu of taxes to any of them.
12.5 Cooperative Services.
The   commission   shall   furnish  technical  services,  advice,  and
consultation to  authorized  agencies  of  the  signatory  parties  with
respect  to  the water resources of the basin, and each of the signatory
parties pledges itself to provide technical and  administrative  service
to   the   commission  upon  request  within  the  limits  of  available
appropriations, and to cooperate generally with the commission  for  the
purposes  of  this  compact,  and  the  cost  of  such  service  may  be
reimbursable whenever the parties deem appropriate.
ARTICLE 13--CAPITAL FINANCING
Section 13.1 Borrowing Power.
The commission may borrow money  for  any  of  the  purposes  of  this
compact  and  may  issue  its  negotiable  bonds  and other evidences of
indebtedness in respect thereto.
All such bonds and evidences of indebtedness shall be  payable  solely
out of the properties and revenues of the commission without recourse to
taxation.  The  bonds and other obligations of the commission, except as
may be otherwise provided in the indenture under which they were issued,
shall be direct and general obligations of the commission, and the  full
faith  and  credit  of  the commission are hereby pledged for the prompt
payment of the debt service thereon and for the fulfillment of all other
undertakings of the commission assumed by it to or for  the  benefit  of
the holders thereof.
13.2 Funds and Expenses.
The  purposes of this compact shall include without limitation thereto
all costs of any project or facility  or  any  part  thereof,  including
interest   during  a  period  of  construction  and  a  reasonable  time
thereafter and any  incidental  expenses  (legal,  engineering,  fiscal,
financial  consultant,  and  other  expenses) connected with issuing and
disposing of the bonds; all amounts required  for  the  creation  of  an
operating  fund, construction fund, reserve fund, sinking fund, or other
special fund; all other expenses connected with  the  planning,  design,
acquisition, construction, completion, improvement, or reconstruction of
any  facility  or any part thereof; and reimbursement of advances by the
commission or by others for such purposes and for working capital.
13.3 Credit Excluded; Officers, State and Municipal.
The commission shall have  no  power  to  pledge  the  credit  of  any
signatory  party  or  of  any  county  or municipality, or to impose any
obligation for payment of the bonds upon  any  signatory  party  or  any
county  or  municipality.  Neither  the  commissioners  nor  any  person
executing the bonds shall be liable  personally  on  the  bonds  of  the
commission  or be subject to any personal liability or accountability by
reason of the issuance thereof.
13.4 Funding and Refunding.
Whenever the commission deems it expedient, it may fund and refund its
bonds and other obligations, whether or not such bonds  and  obligations
have  matured.  It  may  provide  for the issuance, sale, or exchange of
refunding bonds for the purpose  of  redeeming  or  retiring  any  bonds
(including   payment   of  any  premium,  duplicate  interest,  or  cash
adjustment required in connection therewith) issued by the commission or
issued by any other issuing body, the proceeds of the sale of which have
been applied to any facility acquired by the  commission  or  which  are

payable  out of the revenues of any facility acquired by the commission.
Bonds may be issued partly to refund bonds and  other  obligations  then
outstanding,  and  partly  for  any other purpose of the commission. All
provisions  of  this  compact  applicable  to  the issuance of bonds are
applicable to refunding bonds and to the  issuance,  sale,  or  exchange
thereof.
13.5 Bonds: Authorization Generally.
Bonds  and other indebtedness of the commission shall be authorized by
resolution of the commission. The  validity  of  the  authorization  and
issuance  of  any bonds by the commission shall not be dependent upon or
affected in any way by: (1) the disposition  of  bond  proceeds  by  the
commission  or  by  contract, commitment or action taken with respect to
such proceeds; or (2) the failure to complete any part  of  the  project
for  which  bonds  are authorized to be issued. The commission may issue
bonds in one or more series and may provide for one or more consolidated
bond  issues,  in  such  principal  amounts  and  with  such  terms  and
provisions  as  the  commission  may  deem  necessary.  The bonds may be
secured by a pledge of all or any part of the  property,  revenues,  and
franchises  under  its control. Bonds may be issued by the commission in
such amount, with such maturities and in such denominations and form  or
forms,  whether coupon or registered, as to both principal and interest,
as may be determined by the commission. The commission may  provide  for
redemption of bonds prior to maturity on such notice and at such time or
times  and  with  such redemption provisions, including premiums, as the
commission may determine.
13.6 Bonds, Resolutions and Indentures Generally.
The commission may determine and enter into indentures  providing  for
the   principal  amount,  date  or  dates,  maturities,  interest  rate,
denominations, form,  registration,  transfer,  interchange,  and  other
provisions  of  the  bonds and coupons and the terms and conditions upon
which the same shall be executed, issued, secured, sold, paid, redeemed,
funded, and refunded. The resolution of the commission  authorizing  any
bond or any indenture so authorized under which the bonds are issued may
include   all  such  covenants  and  other  provisions  other  than  any
restriction on the regulatory powers vested in the  commission  by  this
compact as the commission may deem necessary or desirable for the issue,
payment,  security,  protection,  or  marketing  of the bonds, including
without limitation covenants and other provisions as  to  the  rates  or
amounts  of fees, rents, and other charges to be charged or made for use
of the facilities; the use, pledge, custody, securing, application,  and
disposition  of  such revenues, of the proceeds of the bonds, and of any
other moneys of the commission; the operation, maintenance, repair,  and
reconstruction  of  the facilities and the amounts which may be expended
therefor; the sale, lease, or other disposition of the  facilities;  the
insuring  of  the  facilities and of the revenues derived therefrom; the
construction or other acquisition of other facilities; the  issuance  of
additional  bonds  or  other indebtedness; the rights of the bondholders
and of any trustee for the bondholders upon default by the commission or
otherwise; and the modification of the provisions of the  indenture  and
of  the  bonds. Reference on the face of the bonds to such resolution or
indenture by its date of adoption or  the  apparent  date  on  the  face
thereof  is  sufficient to incorporate all of the provisions thereof and
of this compact into  the  body  of  the  bonds  and  their  appurtenant
coupons.  Each  taker  and  subsequent  holder  of the bonds or coupons,
whether the coupons are attached to or  detached  from  the  bonds,  has
recourse  to  all of the provisions of the indenture and of this compact
and is bound thereby.
13.7 Maximum Maturity.
No bond or its terms shall mature in more than fifty  years  from  its
own date, or on any date subsequent to the duration of this compact, and
in  the event any authorized issue is divided into two or more series or
divisions,  the  maximum  maturity  date  herein  authorized  shall   be
calculated   from  the  date  on  the  face  of  each  bond  separately,
irrespective of the fact that different dates may be prescribed for  the
bonds of each separate series or division of any authorized issue.
13.8 Tax Exemption.
All  bonds  issued  by  the  commission  under  the provisions of this
compact and the interest thereon shall at all times be free  and  exempt
from all taxation by or under authority of any of the signatory parties,
except for transfer, inheritance, and estate taxes.
13.9 Interest.
Bonds  shall  bear  interest  at  a rate determined by the commission,
payable annually or semi-annually.
13.10 Place of Payment.
The commission may provide  for  the  payment  of  the  principal  and
interest of bonds at any place or places within or without the signatory
states,  and  in  any  specified  lawful  coin or currency of the United
States of America.
13.11 Execution.
The commission may provide for the  execution  and  authentication  of
bonds  by  the  manual,  lithographed, or printed facsimile signature of
officers of the  commission,  and  by  additional  authentication  by  a
trustee  or  fiscal  agent  appointed  by  the commission. If any of the
officers whose signatures or countersignatures appear upon the bonds  or
coupons  ceases  to  be  an  officer before the delivery of the bonds or
coupons, his signature or countersignature is nevertheless valid and  of
the same force and effect as if the officer had remained in office until
the delivery of the bonds and coupons.
13.12 Holding Own Bonds.
The commission shall have power out of any funds available therefor to
purchase its bonds and may hold, cancel, or resell such bonds.
13.13 Sale.
The  commission  may  fix  terms  and conditions for the sale or other
disposition of any authorized issue of bonds and may sell its  bonds  at
less  than  their  par or face value. All bonds issued and sold for cash
pursuant to this compact shall  be  sold  on  sealed  proposals  to  the
highest  bidder.  Prior to such sale, the commission shall advertise for
bids by publication of a notice of sale not less than ten days prior  to
the  date  of  sale, at least once in a newspaper of general circulation
printed and published in New York City carrying municipal bonds  notices
and  devoted  primarily to financial news. The commission may reject any
and all bids submitted and may thereafter sell the bonds  so  advertised
for  sale  at  private  sale to any financially responsible bidder under
such terms and conditions as it deems most advantageous  to  the  public
interest,  but  the  bonds  shall  not  be  sold  at a net interest cost
calculated upon the entire issue so advertised, greater than the  lowest
bid which was rejected. In the event the commission desires to issue its
bonds  in  exchange  for  an existing facility or portion thereof, or in
exchange for bonds secured by the revenues of an existing  facility,  it
may  exchange such bonds for the existing facility or portion thereof or
for the bonds so secured, plus an additional  amount  of  cash,  without
advertising such bonds for sale.
13.14 Negotiability.
All  bonds  issued under the provisions of this compact are negotiable
instruments, except when registered in the name of a registered owner.
13.15 Legal Investments.
Bonds of the commission shall be legal investments for savings  banks,
fiduciaries and public funds in each of the signatory states.
13.16 Validation Proceedings.
Prior  to  the  issuance  of any bonds, the commission may institute a
special proceeding to determine the legality of proceedings to issue the
bonds and their validity under the laws of any of the signatory parties.
Such proceedings shall be instituted and  prosecuted  in  rem,  and  the
judgment  rendered  therein  shall  be  conclusive  against  all persons
whomsoever and against each of the signatory parties.
13.17 Recording.
No indenture need be recorded or filed in  any  public  office,  other
than  the  office  of the commission. The pledge of revenues provided in
any indenture shall  take  effect  forthwith  as  provided  therein  and
irrespective  of the date of receipts of such revenues by the commission
or the indenture trustee. Such pledge shall be effective as provided  in
the   indenture  without  physical  delivery  of  the  revenues  to  the
commission or the indenture trustee.
13.18 Pledged Revenues.
Bond redemption and interest payments, to the extent provided  in  the
resolution  or indenture, shall constitute a first, direct and exclusive
charge and lien on all such rates, rents, tolls, fees, and  charges  and
other  revenues and interest thereon received from the use and operation
of the facility, and on any sinking or other  funds  created  therefrom.
All such rates, rents, tolls, fees, charges and other revenues, together
with  interest  thereon,  shall constitute a trust fund for the security
and payment of such bonds, and except as and to the extent  provided  in
the  indenture  with  respect  to  the payment therefrom of expenses for
other  purposes  including   administration,   operation,   maintenance,
improvements,  or  extensions  of the facilities or other purposes shall
not be used or pledged for any other purpose so long as such  bonds,  or
any of them, are outstanding, and unpaid.
13.19 Remedies.
The holder of any bond may for the equal benefit and protection of all
holders   of   bonds  similarly  situated;  (1)  by  mandamus  or  other
appropriate proceedings require and compel the performance of any of the
duties imposed upon the commission  or  assumed  by  it,  its  officers,
agents,   or  employees  under  the  provisions  of  any  indenture,  in
connection with the acquisition, construction,  operation,  maintenance,
repair, reconstruction, or insurance of the facilities, or in connection
with  the collection, deposit, investment, application, and disbursement
of the rates, rents, tolls, fees, charges, and  other  revenues  derived
from  the operation and use of the facilities, or in connection with the
deposit, investment, and disbursement of the proceeds received from  the
sale  of  bonds;  or  (2)  by  action  or  suit  in a court of competent
jurisdiction of any signatory party require the commission to account as
if it were the trustee of an express trust, or enjoin any acts or things
which may be unlawful or in violation of the rights of  the  holders  of
the  bonds.  The  enumeration of such rights and remedies, however, does
not exclude the exercise or prosecution of any other rights or  remedies
available to the holders of bonds.
13.20 Capital Financing by Signatory Parties; Guarantees.
(a)  The  signatory  parties shall provide such capital funds required
for projects of the commission as may be authorized by their  respective
statutes  in  accordance  with  a cost sharing plan prepared pursuant to
Article 12 of this compact; but nothing in this section shall be  deemed
to impose any mandatory obligation on any of the signatory parties other
than  such  obligations  as  may  be  assumed  by  a  signatory party in
connection with a specific project or facility.
(b) Bonds of the commission, notwithstanding any  other  provision  of
this  compact,  may  be  executed  and  delivered to any duly authorized
agency of any of the signatory parties without public offering  and  may
be sold and resold with or without the guaranty of such signatory party,
subject  to  and  in accordance with the constitutions of the respective
signatory parties.
(c) The commission may receive and accept, and the  signatory  parties
may  make,  loans,  grants,  appropriations,  advances,  and payments of
reimbursable or nonreimbursable funds or property in any  form  for  the
capital or operating purposes of the commission.
ARTICLE 14--PLAN, PROGRAM AND BUDGETS
Section 14.1 Comprehensive Plan.
The  commission  shall  develop  and  adopt, and may from time to time
review and revise, a comprehensive plan for the immediate and long range
development and use of the water resources of the basin. The plan  shall
include  all  public  and  private  projects  and  facilities  which are
required, in the judgment of the commission, for the  optimum  planning,
development,  conservation,  utilization, management, and control of the
water resources of the basin to  meet  present  and  future  needs.  The
commission  may  adopt  a  comprehensive plan or any revision thereof in
such part or parts as it may deem appropriate, provided that before  the
adoption  of  the  plan  or  any part or revision thereof the commission
shall consult with water users and interested public bodies  and  public
utilities  and  shall  consider  and give due regard to the findings and
recommendations of the various agencies of the signatory parties,  their
political  subdivisions,  and  interested  groups.  The commission shall
conduct public hearings upon  due  notice  given  with  respect  to  the
comprehensive  plan prior to the adoption of the plan or any part of the
revision thereof, except that public and private projects and facilities
which, in the judgment of the  commission,  are  not  required  for  the
optimum  planning,  development,  conservation, utilization, management,
and control of the water resources  of  the  basin  and  which,  in  the
judgment  of  the  commission,  will  not significantly affect the water
resources of the basin, may be added directly to the comprehensive  plan
at  any  time at the discretion of the commission without public hearing
thereon. The comprehensive plan shall take into consideration the effect
of the plan or any part thereof upon the receiving waters of  Chesapeake
Bay.
14.2 Water Resources Program.
The  commission  shall annually adopt a water resources program, based
upon the comprehensive plan, consisting of the projects  and  facilities
which  the commission proposes to be undertaken by the commission and by
other authorized governmental and private agencies,  organizations,  and
persons   during   the  ensuing  six  years  or  such  other  reasonably
foreseeable period as the commission may determine. The water  resources
program shall include a systematic presentation of:
1. The quantity and quality of water resources needs for such period;
2.  The  existing  and  proposed  projects  and facilities required to
satisfy such needs, including all public  and  private  projects  to  be
anticipated; and
3.  A  separate statement of the projects proposed to be undertaken by
the commission during such period.
14.3 Annual Current Expense and Capital Budgets.
(a) The commission shall annually adopt a capital budget including all
capital projects it proposes to undertake or continue during the  budget
period  containing a statement of the estimated cost of each project and
the method of financing thereof.
(b) The commission shall annually adopt a current expense  budget  for
each  fiscal  year. Such budget shall include the commission's estimated
expenses  for  administration,  operation,  maintenance,  and   repairs,
including  a  separate statement thereof for each project, together with
its cost allocation. The total of such expenses shall be balanced by the
commission's  estimated  revenues  from  all sources, including the cost
allocations undertaken by any of the  signatory  parties  in  connection
with  any  project. Following the adoption of the annual current expense
budget by the commission,  the  executive  director  of  the  commission
shall:
1.  Certify  to  the  respective  signatory parties the amounts due in
accordance with existing cost sharing established for each project; and
2. Transmit certified copies of such budget to  the  principal  budget
officer  of  the  respective  signatory parties at such time and in such
manner as may be required under their respective  budgetary  procedures.
The amount required to balance the current expense budget in addition to
the aggregate amount of item 1 above and all other revenues available to
the  commission  shall  be  apportioned  equitably  among  the signatory
parties by unanimous vote of the commission,  and  the  amount  of  such
apportionment  to  each signatory party shall be certified together with
the budget.
(c) The respective signatory parties covenant and agree to include the
amount so apportioned for the support of the current expense  budget  in
their  respective budgets next to be adopted, subject to such review and
approval as may be required by  their  respective  budgetary  processes.
Such  amounts  shall  be  due and payable to the commission in quarterly
installments during its fiscal year, provided that  the  commission  may
draw  upon  its  working  capital  to finance its current expense budget
pending remittance by the signatory parties.
ARTICLE 15--GENERAL PROVISIONS
Section  15.1   Auxiliary   Powers   of   Commission;   Functions   of
Commissioners.
(a) The commission, for the purposes of this compact, may:
1.  Adopt  and use a corporate seal, enter into contracts, and sue and
be sued in any court of competent jurisdiction;
2. Receive and accept such payments,  appropriations,  grants,  gifts,
loans,  advances,  and  other  funds, properties, and services as may be
transferred or made available to it by any signatory  party  or  by  any
other  public  or  private  corporation  or  individual,  and enter into
agreements to make reimbursement for all or part thereof;
3.   Provide   for,   acquire,   and   adopt   detailed   engineering,
administrative,  financial,  and  operating  plans and specifications to
effectuate, maintain, or develop any facility or project;
4. Control and regulate the use of facilities owned or operated by the
commission;
5. Acquire, own, operate, maintain, control, sell and convey real  and
personal property and any interest therein by contract, purchase, lease,
license, mortgage, or otherwise as it may deem necessary for any project
or  facility,  including  any  and  all appurtenances thereto necessary,
useful,  or  convenient  for   such   ownership,   operation,   control,
maintenance, or conveyance;
6.  Have  and  exercise all corporate powers essential to the declared
objects and purposes of the commission.
(b) The commissioners, subject to  the  provisions  of  this  compact,
shall:
1.  Serve  as  the  governing body of the commission, and exercise and
discharge its powers and duties, except  as  otherwise  provided  by  or
pursuant to this compact;
2.  Determine  the  character of and the necessity for its obligations
and expenditures and  the  manner  in  which  they  shall  be  incurred,
allowed,  and  paid  subject  to  any  provisions  of  law  specifically
applicable to agencies or instrumentalties created by this compact;
3.  Provide  for  the  internal organization and administration of the
commission;
4. Appoint the principal officers of the commission  and  delegate  to
and allocate among them administrative functions, powers and duties;
5.  Create and abolish offices, employments, and positions as it deems
necessary for the  purposes  of  the  commission,  and  subject  to  the
provisions  of  this  article,  fix  and  provide for the qualification,
appointments,  removal,  term,  tenure,   compensation,   pension,   and
retirement rights of its officers and employees;
6.  Let  and  execute  contracts  to  carry  out  the  powers  of  the
commission.
15.2 Regulations; Enforcement.
The commission may:
1. Make and  enforce  rules  and  regulations  for  the  effectuation,
application,  and  enforcement  of  this  compact;  and it may adopt and
enforce practices and schedules for  or  in  connection  with  the  use,
maintenance, and administration of projects and facilities it may own or
operate  and  any product or service rendered thereby; provided that any
rule or regulation, other than one which deals solely with the  internal
management  of  the  commission, shall not be effective unless and until
filed in accordance with the law of  the  respective  signatory  parties
applicable to administrative rules and regulations generally; and
2.  Designate  any officer, agent, or employee of the commission to be
an investigator or watchman and such person shall  be  vested  with  the
powers  of  a peace officer of the state in which he is duly assigned to
perform his duties.
15.3 Tax Exemptions.
The commission, its property, functions and activities shall be exempt
from taxation by or under the authority of any of the signatory  parties
or  any political subdivision thereof; provided that in lieu of property
taxes the commission, as to its specific projects, shall  make  payments
to  local taxing districts in annual amounts which shall equal the taxes
lawfully assessed upon property for the  tax  year  next  prior  to  its
acquisition  by the commission for a period of ten years. The nature and
amount of such payments shall be reviewed by the commission at  the  end
of  ten  years, and from time to time thereafter, upon reasonable notice
and opportunity to be heard to the affected  taxing  district,  and  the
payments  may  be  thereupon  terminated or continued in such reasonable
amount as may be necessary or desirable to take into  account  hardships
incurred  and  benefits  received  by  the taxing jurisdiction which are
attributable to the project.
15.4 Meetings; Public Hearing; Records, Minutes.
(a) All meetings of the commission shall be open to the public.
(b) The commission shall conduct at least one public hearing  in  each
state  prior  to  the adoption of the initial comprehensive plan. In all
other cases wherein this compact requires a public hearing, such hearing
shall be held upon not less than twenty days'  public  notice  given  by
posting at the offices of the commission, and published at least once in
a  newspaper  or  newspapers of general circulation in the area or areas
affected. The commission shall also provide forthwith  for  distribution
of  such notice to the press and by the mailing of a copy thereof to any
person who shall request such notices.
(c) The minutes of the commission shall be a  public  record  open  to
inspection at its offices during regular business hours.
15.5 Officers Generally.
(a)  The  officers  of  the  commission  shall consist of an executive
director and such additional officers, deputies, and assistants  as  the
commission  may determine. The executive director shall be appointed and
may be removed by the  affirmative  vote  of  a  majority  of  the  full
membership  of the commission. All other officers and employees shall be
appointed or dismissed by the executive director  under  such  rules  of
procedure as the commission may establish.
(b) In the appointment and promotion of officers and employees for the
commission,  no  political,  racial,  religious,  or  residence  test or
qualification shall be permitted or given consideration,  but  all  such
appointments  and  promotions  shall be solely on the basis of merit and
fitness. Any officer or employee of the commission who is found  by  the
commission  to  be  guilty  of  a  violation  of  this  section shall be
immediately dismissed.
15.6 Oath of Office.
An oath of office in such form as the commission shall prescribe shall
be taken, subscribed, and filed with the  commission  by  the  executive
director  and  by  each  officer appointed by him not later than fifteen
days after the appointment.
15.7 Bond.
Each officer shall give such bond and in such form and amount  as  the
commission may require, for which the commission shall pay the premium.
15.8 Prohibited Activities.
(a) No commissioner, officer or employee shall:
1.  Be  financially  interested, either directly or indirectly, in any
contract, sale,  purchase,  lease,  or  transfer  of  real  or  personal
property to which the commission is a party;
2.  Solicit or accept money or any other thing of value in addition to
the compensation or expense paid him  by  the  commission  for  services
performed within the scope of his official duties;
3.  Offer  money  or  any  thing  of  value for or in consideration of
obtaining an appointment, promotion, or privilege in his employment with
the commission.
(b) Any  officer  or  employee  who  willfully  violates  any  of  the
provisions of this section shall forfeit his office or employment.
(c)  Any contract or agreement knowingly made in contravention of this
section is void.
(d) Officers and employees of the  commission  shall  be  subject,  in
addition  to  the provisions of this section, to such criminal and civil
sanctions for misconduct in office as may be imposed by Federal law  and
the law of the signatory state in which such misconduct occurs.
15.9 Purchasing.
Contracts  for  the construction, reconstruction or improvement of any
facility when the expenditure required exceeds ten thousand dollars, and
contracts  for  the  purchase  of  services,  supplies,  equipment,  and
materials  when  the  expenditure required exceeds five thousand dollars
shall be advertised and let upon sealed bids to the  lowest  responsible
bidder.  Notice  requesting  such  bids  shall  be published in a manner
reasonably likely to  attract  prospective  bidders,  which  publication
shall  be  made  at least thirty days before bids are received and in at
least two newspapers of general circulation in the basin. The commission
may reject any and all bids and readvertise in its discretion. If  after
rejecting  bids  the  commission  determines  and  resolves  that in its
opinion the supplies, equipment, and materials may  be  purchased  at  a
lower price in the open market, the commission may give each responsible
bidder  an  opportunity to negotiate a price and may proceed to purchase
the  supplies,  equipment,  and  materials  in  the  open  market  at  a

negotiated  price  which  is  lower  than  the  lowest rejected bid of a
responsible  bidder,  without  further  observance  of  the   provisions
requiring   bids  or  notice.  The  commission  shall  adopt  rules  and
regulations to provide for purchasing from the lowest responsible bidder
when  sealed  bids,  notice,  and  publication  are not required by this
section. The commission may suspend and waive  the  provisions  of  this
section requiring competitive bids whenever:
1. The purchase is to be made from or the contract to be made with the
Federal  or  any state government or any agency or political subdivision
thereof or pursuant to any open and bulk purchase  contract  of  any  of
them;
2. The public exigency requires the immediate delivery of the articles
or performance of the service;
3. Only one source of supply is available;
4.  The  equipment  to  be  purchased is of a technical nature and the
procurement thereof without advertising is necessary in order to  assure
standardization  of  equipment  and  interchangeability  of parts in the
public interest; or
5. Services are to  be  provided  of  a  specialized  or  professional
nature.
15.10 Insurance.
The  commission  may  self-insure  or  purchase  insurance and pay the
premiums therefor against loss or  damage  to  any  of  its  properties;
against liability for injury to persons or property; and against loss of
revenue  from  any cause whatsoever. Such insurance coverage shall be in
such form and amount as the commission may  determine,  subject  to  the
requirements  of  any  agreement arising out of the issuance of bonds by
the commission.
15.11 Annual Independent Audit.
(a) As soon as practical after the closing of the fiscal year an audit
shall be made of the financial accounts of  the  commission.  The  audit
shall  be made by qualified certified public accountants selected by the
commission, who have no personal interest  direct  or  indirect  in  the
financial affairs of the commission or any of its officers or employees.
The  report  of  audit  shall  be  prepared  in accordance with accepted
accounting practices and shall be filed with the chairman and such other
officers as the commission shall direct. Copies of the report  shall  be
distributed  to each commissioner and shall be made available for public
distribution.
(b) Each signatory party by its  duly  authorized  officers  shall  be
entitled  to  examine and audit at any time all of the books, documents,
records, files, and accounts and all other papers, things,  or  property
of  the  commission.  The representatives of the signatory parties shall
have access to all books, documents, records, accounts, reports,  files,
and  all other papers, things, or property belonging to or in use by the
commission and necessary to facilitate  the  audit  and  they  shall  be
afforded full facilities for verifying transactions with the balances or
securities held by depositaries, fiscal agents, and custodians.
(c)  The  financial transactions of the commission shall be subject to
audit by the General Accounting Office in accordance with the principles
and procedures applicable to commercial corporate transactions and under
such rules and regulations as  may  be  prescribed  by  the  Comptroller
General  of the United States. The audit shall be conducted at the place
or places where the accounts of the commission are kept.
(d) Any officer or employee who shall  refuse  to  give  all  required
assistance and information to the accountants selected by the commission
or to the authorized officers of any signatory party or who shall refuse
to submit to them for examination such books, documents, records, files,

accounts,  papers, things, or property as may be requested shall forfeit
his office.
15.12 Reports.
The  commission  shall  make  and  publish  an  annual  report  to the
legislative bodies of the signatory parties and to the public  reporting
on its programs, operations, and finances. It may also prepare, publish,
and  distribute such other public reports and informational materials as
it may deem necessary or desirable.
15.13 Grants, Loans, or Payments by States or Political Subdivisions.
(a) Any or all of the signatory parties or any  political  subdivision
thereof may:
1. Appropriate to the commission such funds as may be necessary to pay
preliminary  expenses  such  as  the  expenses incurred in the making of
borings, and other studies of subsurface conditions, in the  preparation
of  contracts  for  the sale of water and in the preparation of detailed
plans and estimates required for the financing of a project;
2. Advance to the commission, either as grants or loans, such funds as
may be necessary or convenient to finance the operation and managment of
or construction by the commission of any facility or project;
3. Make payments to the commission for  benefits  received  or  to  be
received  from the operation of any of the projects or facilities of the
commission.
(b) Any funds which may be  loaned  to  the  commission  either  by  a
signatory  party  or  a political subdivision thereof shall be repaid by
the commission through the issuance of bonds or out of the other  income
of the commission, such repayment to be made within such period and upon
such  terms  as  may  be  agreed  upon  between  the  commission and the
signatory party or political subdivision making the loan.
15.14 Condemnation Proceedings.
(a) The commission shall have the power to acquire by condemnation the
fee  or  any  lesser  interest  in  lands,  lands  lying  under   water,
development  rights  in  land, riparian rights, water rights, waters and
other real or personal property within the  basin  for  any  project  or
facility  authorized  pursuant  to  this compact. This grant of power of
eminent domain includes but is not limited to the power to  condemn  for
the  purposes  of  this compact any property already devoted to a public
use, by whomsoever owned or held, other than  property  of  a  signatory
party. Any condemnation of any property or franchises owned or used by a
municipal  or privately owned public utility, unless the affected public
utility facility is to be relocated or replaced, shall be subjct to  the
authority  of  such  state  board, commission, or other body as may have
regulatory jurisdiction over such public utility.
(b) The power of condemnation referred to in sub-section (a) shall  be
exercised  in  accordance  with the provisions of the state condemnation
law in force in the signatory state in which the property is located. If
there is no applicable state condemnation law, the power of condemnation
shall  be  exercised  in  accordance  with  the  provisions  of  Federal
condemnation law.
(c)  Any  award or compensation for the taking of property pursuant to
this article shall be paid by the commission, and none of the  signatory
parties  nor  any other agency, instrumentality or political subdivision
thereof shall be liable for such award or compensation.
15.15 Conveyance of Lands and Relocation of Public Facilities.
(a) The respective officers, agencies,  departments,  commissions,  or
bodies  having  jurisdiction and control over real and personal property
owned by the signatory parties are authorized and empowered to  transfer
and  convey in accordance with the laws of the respective parties to the

commission any such property as may be necessary or  convenient  to  the
effectuation of the authorized purposes of the commission.
(b)  Each  political  subdivision  of  each  of the signatory parties,
notwithstanding any  contrary  provisions  of  law,  is  authorized  and
empowered  to  grant and convey to the commission, upon the commission's
request, any real  property  or  any  interest  therein  owned  by  such
political  subdivision  including  lands  lying  under  water  and lands
already devoted to public use which may be necessary  or  convenient  to
the effectuation of the authorized purposes of the commission.
(c)  Any  highway, public utility, or other public facility which will
be dislocated by reason of a project deemed necessary by the  commission
to effectuate the authorized purposes of this compact shall be relocated
and  the  cost  thereof  shall be paid in accordance with the law of the
state in which the facility is located; provided that the cost  of  such
relocation  payable  by the commission shall not in any event exceed the
expenditure required to serve the public convenience and necessity.
15.16 Rights of Way.
Permission is hereby granted to the commission to  locate,  construct,
and  maintain  any  aqueducts,  lines,  pipes,  conduits,  and auxiliary
facilities authorized to be acquired, constructed, owned,  operated,  or
maintained  by the commission in, over, under, or across any streets and
highways now or hereafter owned, opened, or dedicated to or  for  public
use,  subject to such reasonable conditions as the highway department of
the signatory party may require.
15.17 Penalty.
Any person, association, or corporation who violates  or  attempts  or
conspires  to  violate  any  provisions  of  this  compact  or any rule,
regulation, or order of the commission duly made, promulgated, or issued
pursuant to the compact in addition to any  other  remedy,  penalty,  or
consequence  provided  by  law shall be punishable as may be provided by
statute of any of the signatory parties within which  the  violation  is
committed;  provided  that  in  the  absence  of such provision any such
person, association, or corporation shall be liable to a penalty of  not
less  than  $50 nor more than $l,000 for each such violation to be fixed
by the court which the commission may recover in its  own  name  in  any
court  of  competent  jurisdiction,  and  in  a summary proceeding where
available under the practice  and  procedure  of  such  court.  For  the
purposes  of  this section in the event of a continuing offense each day
of such violation, attempt, or conspiracy shall  constitute  a  separate
offense.
15.18 Tort Liability.
The  commission  shall  be  responsible  for claims arising out of the
negligent acts or omissions of its officers, agents, and employees  only
to  the extent and subject to the procedures prescribed by law generally
with respect to officers, agents, and employees of the government of the
United States.
15.19 Effect on Riparian Rights.
Nothing contained in this compact shall be construed as  affecting  or
intending  to  affect  or  in  any  way to interfere with the law of the
respective signatory parties relating to riparian rights.
15.20 Amendments and Supplements.
Amendments and supplements to this compact to implement  the  purposes
thereof  may  be  adopted  by legislative action of any of the signatory
parties concurred in by all of the others.
15.21 Construction and Severability.
The provisions of this compact and of agreements thereunder  shall  be
severable  and  if  any  phrase,  clause,  sentence, or provision of the
Susquehanna River Basin Compact or such  agreement  is  declared  to  be

unconstitutional  or  the  applicability thereof to any signatory party,
agency,  or  person  is  held  invalid,  the  constitutionality  of  the
remainder  of  such  compact  or  such  agreement  and the applicability
thereof  to  any  other signatory party, agency, person, or circumstance
shall not be affected thereby. It is the  legislative  intent  that  the
provisions of such compact be reasonably and liberally construed.
15.22 Effective Date; Execution.
This  compact shall become binding and effective thirty days after the
enactment of concurring  legislation  by  the  Federal  government,  the
states  of  Maryland and New York, and the Commonwealth of Pennsylvania.
The compact shall be signed and sealed in five identical original copies
by the respective chief executives of the signatory  parties.  One  such
copy shall be filed with the Secretary of State of each of the signatory
parties  or in accordance with the laws of the state in which the filing
is made, and one copy shall be filed and retained in the archives of the
commission upon its organization.