New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter A - Rules Of Practice And Procedure › Part 830 - Introduction › Section 830.1 - Introduction

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Delaware
				  River Basin Compact requires the commission to formulate and adopt a
				  comprehensive plan and Water Resources Program. In addition, the Compact
				  provides in section
				  3.8 that no project having a
				  substantial effect on the water resources of the basin shall be undertaken
				  unless it shall have been first submitted to and approved by the commission.
				  The commission is required to approve a project whenever it finds and
				  determines that such project would not substantially impair or conflict with
				  the comprehensive plan. Section
				  3.8 further provides that the
				  commission shall provide by regulation for the procedure of submission, review
				  and consideration of projects and for its determinations pursuant to section
				  3.8.
(b) The comprehensive plan consists of all
				  public and private projects and facilities which the commission has directed be
				  included therein. It also includes those documents and policies which the
				  commission has determined should be included within the comprehensive plan as
				  being needed to insure optimum planning, development, conservation, use,
				  management and control of the water resources of the Delaware Basin to meet
				  present and future needs. The comprehensive plan is subject to periodic review
				  and revision as provided in sections 3.2 and 13.1 of the Compact.
(c) The Water Resources Program is based upon
				  the comprehensive plan. It is required to be updated annually and to 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. The commission's review and modification of the Water Resources
				  Program is conducted pursuant to the provisions of sections 3.2 and 13.2 of the
				  Compact.
(d) The commission's rules
				  of practice and procedure govern the adoption and revision of the comprehensive
				  plan, the Water Resources Program, the exercise of the commission's authority
				  pursuant to the provisions of section
				  3.8 and other actions of the
				  commission mandated or authorized by the Compact.
(1) These rules of practice and procedure
				  extend to the following areas of commission responsibility and regulation:
(i) Part 831-Comprehensive plan (Article
				  1)
(ii) Part 832-Water Resources
				  Program (Article 2)
(iii) Part
				  833-Project review under section
				  3.8 of the Compact (Article
				  3)
(iv) Part
				  834--[Reserved]
(v) Part
				  835-Appeals or objections to decisions of the executive director in water
				  quality cases (Article 5)
(vi) Part
				  836-Administrative and other hearings (Article 6)
(vii) Part 837-Penalties and settlements in
				  lieu of penalties (Article 7)
(viii) Part 838-Public access to the
				  commission's records and information (Article 8)
(ix) Part 839-General provisions (Article
				  9)