Title 32, Title 32: INTERSTATE AND PORT AUTHORITIES AND COMMISSIONS

32:11D-44. Operation and maintenance The commission, within limits prescribed by this article, shall: (a) Encourage activities of other public agencies having water related recreational interests and assist in the co-ordination thereof; (b) Recommend standards for the development…

32:11D-45. Concessions The commission shall after notice and public hearing provide by regulation for the award of contracts for private concessions in connection with recreational facilities, including any renewal or extension thereof, upon sealed competitive bids after public a…

32:11D-46. Development The waters of the Delaware 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. L.1961, c. 13, p. 63, s. 9.…

32:11D-47. 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. L.1961, c. 13, p. 63, s. 9.2.

32:11D-48. 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 h…

32:11D-49. Development contracts The commission may after public notice and hearing 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 dam…

32:11D-5. Existing agencies; construction It is the purpose of the signatory parties to preserve and utilize the functions, powers and duties of existing offices and agencies of government to the extent not inconsistent with this compact, and the commission is authorized and dire…

32:11D-50. Rates and charges Rates and charges fixed by the commission for power which is produced by its facilities shall be reasonable, nondiscriminatory, and just. L.1961, c. 13, p. 63, s. 9.5.

32:11D-51. 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 …

32:11D-52. Determination of protected areas The commission may from time to time after public hearing upon due notice 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 …

32:11D-53. Withdrawal permits In any protected areas so determined and delineated, no person, firm, corporation or other entity shall divert or withdraw water for domestic, municipal, agricultural or industrial uses in excess of such quantities as the commission may prescribe by …

32:11D-54. Emergency In the event of a drought or other condition which may cause an actual and immediate shortage of available water supply within the basin, or within any part thereof, the commission may, after public hearing, determine and delineate the area of such shortage a…

32:11D-55. Standards Permits shall be granted, modified or denied as the case may be so as 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…

32:11D-56. Judicial review The determinations and delineations of the commission pursuant to section 10.2 and the granting, modification or denial of permits pursuant to section 10.3 through 10.5 shall be subject to judicial review in any court of competent jurisdiction. L.1961, …

32:11D-57. Maintenance of records Each State 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 t…

32:11D-58. Existing State systems Whenever the commission finds it necessary or desirable to exercise the powers conferred 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 a…

32:11D-59. 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,…

32:11D-6. Duration of compact (a) The duration of this compact shall be for an initial period of 100 years from its effective date, and it shall be continued for additional periods of 100 years if not later than 20 years nor sooner than 25 years prior to the termination of the in…

32:11D-60. State and local agencies and projects For the purpose 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 sub…

32:11D-61. 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 jurisdictions of the respective signatory parti…

32:11D-62. 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 …

32:11D-63. Co-operative 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 ad…

32:11D-64. 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 propertie…

32:11D-65. 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, en…

32:11D-66. 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.…

32:11D-67. 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 rede…

32:11D-68. 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 nor affected in any way by: (i) …

32:11D-69. 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 a…

32:11D-7. Commission created The Delaware 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. L.1961, c. 13, p. 48, s. …

32:11D-70. Maximum maturity No bond by its terms shall mature in more than 50 years from its own date and in the event any authorized issue is divided into 2 or more series or divisions, the maximum maturity date hereby authorized shall be calculated from the date on the face of …

32:11D-71. Tax exemption All bonds issued by the commission under the provisions of this compact and the interest thereof 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 tax…

32:11D-72. Interest Bonds shall bear interest at a rate determined by the commission, payable annually or semiannually. L.1961, c. 13, p. 71, s. 12.9. Amended by L.1970, c. 266, s. 1; L.1983, c. 526, s. 1.

32:11D-73. 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. L.1961, c. 13, p. 72, s. 12.1…

32:11D-74. 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 an…

32:11D-75. 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. L.1961, c. 13, p. 72, s. 12.12.

32:11D-76. Sale The commission may fix terms and conditions for the sale or other disposition of any authorized issue of bonds. The commission may sell bonds at less than their par or face value but no issue of bonds may be sold at an aggregate price below the par or face value t…

32:11D-77. Negotiability All bonds issued under the provisions of this compact are negotiable instruments, except when registered in the name of a registered owner. L.1961, c. 13, p. 73, s. 12.14.

32:11D-78. Legal investments Bonds of the commission shall be legal investments for savings banks, fiduciaries and public funds in each of the signatory States. L.1961, c. 13, p. 73, s. 12.15.

32:11D-79. 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 proceeding shall be institut…

32:11D-8. Commission membership The commission shall consist of the Governors of the signatory States, ex officio, and 1 commissioner to be appointed by the President of the United States to serve during the term of office of the President. L.1961, c. 13, p. 48, s. 2.2.

32:11D-80. 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 receipt of such revenues by …

32:11D-81. Pledged revenues Bond redemption and interest payments shall, to the extent provided in the resolution or indenture, constitute a first, direct and exclusive charge and lien on all such rates, rents, tolls, fees and charges and other revenues and interest thereon recei…

32:11D-82. Remedies The holder of any bond may for the equal benefit and protection of all holders of bonds similarly situated: (a) by mandamus or other appropriate proceedings require and compel the performance of any of the duties imposed upon the commission or assumed by it, i…

32:11D-83. Capital financing by signatory parties; guaranties (a) The signatory parties will 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 11…

32:11D-84. 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…

32:11D-85. 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…