Discharge of industrial wastes. Art. 12, when effective. Additional restrictions. Maintenance of water of tributary in sanitary condition. Forest covers. provided, however, that the commission may not require the sanitary condition of the Lehigh river immediately above its confluence with the Delaware river to exceed that of the sanitary condition of the Delaware river immediately above such confluence. 4. All industrial wastes discharged or permitted to flow into or be placed in or permitted to fall or move into the channel of the Delaware river or any tributary thereof shall first have been treated to such extent, if any, as may be necessary to maintain in the channel of the Delaware river sanitary conditions equivalent to those which would be attained by the treatment of sewage above required in this article; provided, nevertheless, that industrial wastes containing substances likely, in the judgment of the commission, to produce offensive tastes and odors in any public water supply from the channel of the Delaware river, shall either be wholly prevented from being discharged or from flowing into or from being placed in or permitted to fall or move into said channel or any tributary of the Delaware river, or shall first have been treated to such an extent as to wholly eliminate such taste and odor producing constituents. This article shall become effective when any one of the signatory states, or any holder of an authorization therefrom, shall have begun the work of construction on any project under the provisions of this compact. Nothing in this article shall be construed to repeal or prevent the enactment of any legislation or the enforcement of any requirement by any signatory state imposing any additional conditions and restrictions to lessen or prevent the pollution of streams within their several jurisdictions. In order to maintain the water of any tributary immediately above its confluence with the channel of the Delaware river in a sanitary condition which will meet the requirements set forth in paragraphs three and four of this article, the administrative determination and enforcement of the degree of treatment, if any, necessary to fulfill such requirements shall be made and undertaken by the proper officer or agent of the state wherein such tributary lies, provided, however, that any other signatory state or any municipality, citizen or resident thereof or property owner therein or any holder of any authorization therefrom under this compact, shall nevertheless have full right either jointly or severally to sue for the enforcement of any and all of the provisions of this article and for the redress of any injuries which may have resulted by reason of a violation thereof. ARTICLE XIII. The beneficial effects of forest covered areas on the regularization of stream flow, with attendant greater potential use of streams for domestic, industrial and navigation purposes, and the greater stability of public ownership in management for the protection of forested drainage areas is clearly recognized and agreed to by the states party to this compact. Each signatory state hereby adopts and will adhere to a policy covering the establishment and maintenance of an adequate forest cover on public and privately owned land in the drainage area of the Delaware river and the maintenance of the highest practicable standards of protection from fire on these lands. ARTICLE XIV. condemna tion of All lands, water-rights or easements necessary for the construc- Power of tion and maintenance of any dam in or across the channel of tion for the Delaware river may, with the approval of the commission, construcbe appropriated and condemned by any signatory state or by dams. the holder of authorization therefrom. All damage resulting from the exercise of the right and power of condemnation conferred by this article shall be ascertained, recovered and paid as provided by article fifteen hereof. ARTICLE XV. damage to property. All damage to persons or property resulting from the exer- Determicise of any rights under this compact shall be determined under nation of the rule of damages, in accordance with the procedure, and in persons or such manner as is provided by the law of the state in which the damages are suffered. The damages suffered in the state of Pennsylvania shall be ascertained, recovered and paid as provided by the forty-first section of the act approved April twentyninth, eighteen hundred and seventy-four (pamphlet laws seventythree) and the amendments and supplements thereto. The damages suffered in the state of New York or in the state of New Jersey shall be ascertained, recovered and paid as provided by any general or other act applying thereto in effect at the time when the development is authorized. The court or courts which have jurisdiction of the subject matter in the respective states shall have jurisdiction of the person of every party in interest for the purposes of notice, summons and hearing throughout all three signatory states. ARTICLE XVI. Nothing herein contained shall be construed to abridge any Riparian riparian rights under the laws of the several states to the use rights. of water from the channel of the Delaware river or from any of its tributaries except upon payment of just compensation to be ascertained and adjudged by due process of law. ARTICLE XVII.2 rights of Nothing contained in this compact shall operate to impair Vested any vested right of diversion or use of the waters of the Dela- diversion ware river which may exist or have become vested at any time or use. prior to the ratification hereof, but the amount of water diverted under such vested right shall be charged against the allotment of the state under whose authority or jurisdiction said right became vested. In each of the signatory states rights to divert Rights or use the waters of the Delaware river or its tributaries, together public use with property necessary to effect the same, though devoted to may be public use, may be taken for any other public use higher in the higher use. 2 For limitations on art. XVII see § 2, subds. (b), (c), p. 244, post. devoted to taken for Court proceedings not prevented. Existing treaties. Tri-state river com mission; appointment. Voting. Decisions. Annual meetings. order of importance as set forth in article three, provided that nothing in this article shall be construed to authorize the taking of vested rights or property without just compensation to be determined by due process of law governing such matters in the respective states. ARTICLE XVIII. Nothing in this compact shall be construed to prevent the institution or prosecution of any proceedings in any court of competent jurisdiction for the purpose of remedying or correcting by damages, injunction, mandamus or other process civil or criminal any act of commission or omission in violation of the provisions of this compact, for the protection of any rights. under it, for the enforcement of any of its provisions, or for the awarding and enforcement of payment of compensation for any injury which may be caused by the exercise of any right or privilege herein authorized. ARTICLE XIX. Nothing in any existing treaty between any two of the states signatory hereto shall be modified or changed or invalidated by anything herein contained except as any provision in any such existing treaty may be expressly repugnant to any provision of this compact, but nothing in any said existing treaty shall be construed to prevent the erection and maintenance of any dam across the channel of the Delaware river, as authorized or permitted under the provisions of this compact. ARTICLE XX.3 The governor of each of the signatory states is hereby directed to designate an appropriate state officer or employee and may appoint not more than two other persons all of whom shall serve, until their successors are designated or appointed, on a joint commission to be known as the tri-state Delaware river commission. In voting on all matters which come before the commission, each signatory state shall have one vote and no decision or approval shall be rendered by the said commission except on the unanimous vote of the three signatory states. Every decision rendered by the commission shall be accompanied by a certificate of the commissioners to the effect that the said decision is for the best public interest and is in compliance with the provisions of this compact. The commission in rendering every decision shall therein fully state the reasons on which its action in the premises was based. The commission shall meet annually on the first Wednesday in October, the first annual meeting to be held at Trenton, New Jersey, and subsequent annual meetings shall be held at such Additional place or places as the commission may determine. The powers and duties of the commission, in addition to those herein before set forth, shall be as follows: powers and duties. 3 For limitation on art. XX see § 2, subd. (a), p. 244, post. 1. To make rules and regulations respecting the government Rules of its organization and the conduct of its business. 2. To appoint from among its members a chairman, a vice- Officers; chairman and a secretary and to hold meetings at such times and meetings. such places as it may determine. measure 3. To set up and require the keeping of a comprehensive system System of of stream flow and other measurements as may be necessary to ments. determine: a. The amounts of water diverted and released under any provision of this compact. reserve b. The maintenance of the required reserve flows below all Required points of development and diversion. flows. c. All other facts and data requisite for determining that the Data. provisions of this compact are at all times being complied with. report. 4. To report annually to the governors for the information of Annual the legislatures of the signatory states as to the developments and projects which have been begun and completed under the terms of this compact and as to such other matters as may come within its purview. tion; 5. To observe the operation of all developments and to issue Observasuch orders as may be necessary to require compliance with any orders. of the provisions of this compact. ment of 6. To proceed with a study and investigation looking toward a Developcomplete and comprehensive development of all the water re- water sources of the drainage area of the Delaware river and to report resources. the results of such study and investigation to the governors of the signatory states for the information of the respective legislatures. ment of 7. To make a study of the possibilities for the development Developof water power along the channel of the Delaware river and to water designate tentative locations and heights of dams along the said power. channel. entry. 8. The commission or any member or any duly authorized officer, Right of agent or representative shall have power to and is hereby authorized to enter without let or hindrance upon the lands and property upon which any or all projects and developments are being constructed, operated or maintained under any authorization provided by this compact. Each state through its appropriate depart- Cooperaments shall co-operate with the commission as the said commission through may require in obtaining such data, information and records which depart may be necessary to enable said commission to exercise its powers and duties. of states ments. advisers. 9. The attorney general of each signatory state or a deputy Legal shall serve as the legal adviser of the commissioners representing that state. pel at nesses and of books, 10. The commission shall have the power to compel the attend- May comance of witnesses and the production of any papers, books, docu- tendance ments and records for any purpose that may be necessary to of ascertain that the provisions of this compact are at all times production complied with, and any member of the commission shall have etc. power to administer oaths to all witnesses who may be called before it. Subpoenas issued by the commission shall be signed by one of the members thereof within the jurisdiction of the state mileage of to compel attendance. from which he has been designated and may be served by any Fees and person of full age. The fees of witnesses required to attend witnesses. before such commission shall be five dollars for each day's attendance and ten cents for each mile of travel by the nearest generally travelled route in going to and from the place where the attendance of the witness is required, such fees to be paid when the witness is excused from further attendance, and the disbursements made in payment of his fees shall be audited and paid in the same manner provided for the payment of expenses of said commission; provided, however, that no witness subpoenaed at the instance of parties other than such commission shall be entitled to compensation therefrom for attendance and travel, unless the commission shall certify that his testimony was material to the matter investigated and necessary or essential for the effectuation of this Procedure compact. If the person subpoenaed to attend before the commission, or a member thereof, fails to obey the command of such subpoena without reasonable cause, or if a person in attendance before such commission, or a member thereof, refuses, without lawful cause, to be examined or to answer a legal or pertinent question or to produce a book or paper or other document when ordered so to do by the commission, or any member thereof, the commission, or such member thereof, may apply to any court of general jurisdiction in the state or county wherein such testimony is taken or to be taken, and such court, or any judge or justice thereof, shall have power, upon proof, by affidavit, of the facts to make an order, returnable in not less than two days nor more than ten days, directing such person to show cause before the court, or the justice thereof, who made the order, or any other justice or judge having jurisdiction, why he should not comply with the subpoena or order of the commission. Upon the return of such order, the court or justice or judge before whom the matter shall come on for hearing shall examine such person under oath, whose testimony may be relevant, and such person shall be given an opportunity to be heard, and if the court or justice or judge shall determine that such person refuses without reasonable excuse to obey the command of such subpoena or to be examined or to answer a legal or pertinent question or produce a book, document or other paper, which he was ordered to produce, said court or justice or judge may order such person to comply forthwith with the subpoena or order of the commission, and any failure to obey such order of the court or justice or judge may be punished by said court or justice or judge as a contempt of such court. No person shall be excused from testifying or producing any books, papers or other ground of documents subject to the authorization of this article upon the ground that his testimony might tend to incriminate him or to subject him to a penalty or forfeiture. But no person shall be prosecuted, punished or subjected to any penalty or forfeiture for or on account of any act, transaction, matter or thing concerning which he shall, under oath, have testified or produced documentary evidence, and no testimony so given or produced Person not ex cused on incrimi nating himself. Immunity. |