N.Y. Environmental Conservation Law § 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.