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its allotment which is in excess of a reserve flow of eighteen hundredths of a cubic foot per second for each square mile of drainage area lying above the point of diversion and below the New YorkNew Jersey state line. The allotments of the states of New Jersey Allotand Pennsylvania in the waters which originate within the drain-howcomage area below the New York-New Jersey state line shall be com- puted. puted from time to time as follows:
In case no tributary within the drainage area below the New York-New Jersey state line shall have been developed for diversion, then the allotment of the states of New Jersey and Pennsylvania at any point in the channel of the Delaware river below said state line, hereinafter called the normal allotment, shall be one-half of the water which has originated within the said drainage area and which, at any time, is flowing in the said channel at such point below said state line; in case New Jersey or Pennsylvania shall have developed for diversion one or more tributaries within said drainage area, then the allotment of the diverting state shall be determined by subtracting from its normal allotment an amount to be computed by multiplying said normal allotment by a fraction, the numerator of which shall be the total drainage area developed for diversion on said tributaries within that state below the New York-New Jersey state line and the denominator shall be the total drainage area below the said state line, and the allotment of the other state shall be increased by the amount by which the allotment of the diverting state has been reduced. In case tributaries within the drainage area below the New York-New Jersey state line shall have been developed for diversion by both New Jersey and Pennsylvania the rule herein above stated shall be applied separately and in turn as to each of them and the subtractions from and additions to the normal allotments of the states, thus determined, shall fix the allotments of the states as of that time.
Dams may be constructed across the channel of the Delaware Construcriver by or under the authority of any one of the signatory states Water for the purpose of storing water developed for diversion, water in storage transit belonging to said state, or any part or all of the water regulated. allotted to it under the provisions of this article. All water so stored may be diverted or released from such reservoir or reservoirs by or under the authority of such state but the flow in the said channel below the point of storage must not be reduced below the ordinary flow whenever the flow above the point of storage is greater than the said ordinary flow. When and if the flow in the said channel above the point of storage is less than the ordinary flow then and in every such case a flow equal to that above the point of storage shall be maintained in the said channel below the point of storage. At all times, however, neither the water in transit nor the allotment or allotments of the other signatory state or states shall be interfered with but must at all times be permitted to pass such dam or dams.
It is the intention of this article that no water shall be diverted intention from the channel of the Delaware river above the New York-New of art. 6. Jersey state line whenever the flow in the said channel is less than forty-five hundredths of a cubic foot per second for each square mile of the total drainage area lying above the point of diversion
and it is further intended that no water shall be diverted from the
Channel of river constituted carrier for water in transit. Removal or diversion of water
authority of the state under whose auspices the development was regulated. made, irrespective of the quantity of water flowing in the channel
of the Delaware river and the reserve flow provisions of article
other facilities for utili. zation or diversion
specified limita. tions and stipulations.
shall have the right to build dams entirely or partly across said
necessary facilities at any point or points in or along said channel, of water. subject to the following limitations and stipulations :
a. All such works shall be built in compliance with the legislative provisions governing such matters in the state or states in which they are located.
b. Works for the development of water power may not be built except with the approval of the commission in accordance with the provisions of article ten hereof.
c. Approval of the commission shall be secured for every project which involves the removal or diversion of more than two million gallons of water per day from the channel of the Delaware river; such approval, however, need not at any time be obtained by any
1 Paragraph c is modified by $ 2, subd. (d), p. 244, post.
administrative department of a signatory state or any political sụbdivision within a signatory state or by any corporation, partnership, association or person in the case of any intake which is in existence at any point in said channel on the date when this compact becomes effective.
In the exercise of this authority, said commission shall be governed and its power and authority shall extend to and be limited by the following principles, restrictions and reservations, to wit:
1. In the case of any project which, in the judgment of the commission, will not interfere or conflict with any other use of the water flowing in the channel of the Delaware river, the commission shall approve said project without imposing any restrictions or conditions except such as may be necessary to insure compliance with the provisions of this compact.
2. As between any one or more proposed or possible conflicting ases, the action of the commission shall be based upon the relative importance of the uses to which the water may be put, as fixed in article three of this compact, and to the extent that conflict is irreconcilable, that possible and practicable project which will effect the use of water standing highest in the order of importance shall be approved without restrictions or conditions, except such as the commission may deem necessary to insure compliance with the provisions of this compact. To the extent that conflict is avoidable by a reasonable modification of any or all of the projects which may be involved, the commission shall fix the terms of such modi. fication, but such terms shall not require, as against the higher use, pumping in place of gravity delivery of water, nor impose on the higher use the cost of any impounding works or any unreasonable enlargement of pipe lines, conduits or tunnels, or impose on the higher use any undue burden in either expense or convenience of operation. In the case of conflict in uses of the same relative order of importance, preference shall be given to an established use over a proposed one and the commission shall have authority to determine the manner in which such conflicting uses may be harmonized, without imposing unreasonable expense or undue burden upon either or any of them.
ARTICLE IX. No water from the drainage area of the Delaware river shall be Diversion diverted to any point outside of the boundaries of the states signa- to other tory to this compact. No one of the signatory states may give, grant or dispose of to another signatory state, or to any holder of states, an authorization therefrom, any water developed by or allotted to it under the provisions of this compact, except by legislative act when necessary and then only with the approval of the commission; but nothing herein contained shall be construed to prevent or prohibit the joint exercise by or under the authority of any two or more of the signatory states of the rights conferred by this compact and such joint exercise of rights is hereby authorized.
ARTICLE X. With the approval of the commission any signatory state may Authoriconstruct or authorize the construction of a dam, wing dam, head- zatiotuote
opment of water power. Limitation of time.
for devel. works, power house or other structure in or across the channci of
the Delaware river for the main purpose of the development of water power. Provided, that every such authorization shall be limited to such period not exceeding fifty years as the said state shall determine and set forth in its authorization. Provided further, that the holder of such authorization shall be entitled to extension and renewal thereof upon the same terms until such holder shall have received, through recapture or purchase by the authorizing state or by a duly authorized subsequent holder of like authority from said state, repayment of the capital prudently invested in the power project upon the faith of the authorization plus such reasonable damages, if any, to property of such holder which is valuable, serviceable and dependent for its usefulness upon the continuance of such authorization, but not recaptured or purchased, as may be caused by the severance therefrom of property taken. Provided further, that the authorizing state may, in the discretion of its appropriate agency, officer or employee empowered in that behalf, embody in its authorization such other terms, conditions and stipulations as such agency, officer or employee shall deem necessary to protect the present and future interests of each of the three signatory states and their people in the construction, maintenance and operation of the project and in the water and power resources to be utilized thereby and suitable to secure to the holder of such authorization a reasonable opportunity for a fair return on the capital prudently invested in the project. And provided further, that every such authorization shall be on the following conditions, which shall be expressed in such authorization, namely: (a) That the authorization shall become null and void unless, within the time specified therein, the holder of such authorization shall secure from the United States such license, permit or authority as may be lawfully required; and (b) that if and to the extent that any of the rights or powers set forth or reserved as rights or powers of the United States in or pursuant to the provisions of such license, permit or authority shall be waived by the United States or be unenforceable by the United States, then and to that extent such rights and powers (including, if so waived or unenforceable any rights of recapture, extension, or renewal so set forth or reserved), subject to such alterations in plans, specifications, or structures, and such extensions of time for commencing or completing structures, as may have been made or granted by the United States, may be exercised and enforced by the signatory state which originally authorized the construction. No project authorized and constructed under the provisions of this article shall, at any time, be operated so as to injuriously affect any project for municipal and domestic water supply which has been or may be established under the provisions
of this compact. Subject to such conditions as the commission may for devet- embody in its approval, water for the development of power may opment of be removed from the channel of the Delaware river and carried in
a canal or in a pipe to any point below a dam constructed under
dustrial waste into
of removal measured along the center line of the said channel and there shall always be maintained in the said channel immediately below the dam, such regular and uniform flow of water as the commission may determine to be reasonable and proper.
ARTICLE XI. In connection with each and every development made under Apparatus any provision of this compact, there shall be installed and main during in tained all equipment and apparatus for measuring quantities and rates of water flow, the determination of which may be necessary for developthe purpose of showing that the development or construction is being operated in compliance with the provisions of this compact.
ARTICLE XII. In order to put and maintain the waters in the channel of Discharge the Delaware river in a condition sanitary and suitable for the und inuses and purposes set forth by this compact no sewage or industrial waste shall be discharged or permitted to flow into or be channel re. placed in or permitted to fall or move into the channel of the Delaware river or into any of its tributaries otherwise thau under the following conditions and restrictions :
1. All sewage discharged or permitted to flow into channel of the Delaware river above the confluence with the above Lehigh river shall, within a time reasonable for the construction river. of the necessary works, have been so treated to remove settleable solids, to render the effluent non-putrescible and to effect a reasonable reduction of B. Coli Communis.
2. All sewage discharged or permitted to flow into the Discharge channel of the Delaware river below the confluence with the below
Lehigh Lehigh river shall, within a time reasonable for the construction rivers of the necessary works, have been so treated as to at
least remove settleable solids and shall be discharged through submerged outlets into said channel; provided that such submerged outlets shall be located and constructed as may be required by the commission; and provided further, that in order to protect the public health in specific instances such higher degree of treatment shall be used as may be determined to be necessary by the commission after due notice and hearing.
3. All sewage discharged or permitted to flow into any tributary Discharge of the Delaware river, except the Lehigh river, shall be treated into tributo that extent, if any, which may be necessary to maintain the taries. water of such tributary immediately above its confluence with the Delaware river in a sanitary condition at any time at least equal to the sanitary condition at such time of the water of the Delaware river immediately above such confluence.
All sewage discharged or permitted to flow into the Lehigh Discharge river shall be treated to that extent, if any, which may be nec- into essary to maintain the water of the Lehigh river immediately above its confluence with the Delaware river in that sanitary condition which the commission, after due notice and hearing, shall have determined to be necessary because of the nature and extent of the use of the water of the Delaware river below such corfluence,