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

32:11D-19. General powers The commission may: (a) Plan, design, acquire, construct, reconstruct, complete, own, improve, extend, develop, operate and maintain any and all projects, facilities, properties, activities and services, determined by the commission to be necessary, conv…

32:11D-2. Definitions For the purposes of this compact, and of any supplemental or concurring legislation enacted pursuant thereto, except as may be otherwise required by the context: (a) "Basin" shall mean the area of drainage into the Delaware river and its tributaries, includi…

32:11D-20. Rates and charges The commission may from time to time after public notice and hearing fix, alter and revise rates, rentals, charges and tolls and classifications thereof, for the use of facilities which it may own or operate and for products and services rendered ther…

32:11D-21. Referral and review No project having a substantial effect on the water resources of the basin shall hereafter be undertaken by any person, corporation or governmental authority unless it shall have been first submitted to and approved by the commission, subject to the…

32:11D-22. Co-ordination and co-operation The commission shall promote and aid the co-ordination 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 theret…

32:11D-23. Advisory committees The commission may constitute and empower advisory committees, which may be comprised of representatives of the public and of Federal, State, county and municipal governments, water resources agencies, water-using industries, water-interest groups, …

32:11D-24. Generally The commission shall have power to develop, implement and effectuate plans and projects for the use of the waters of the basin for domestic, municipal, agricultural and industrial water supply. To this end, without limitation thereto, it may provide for, cons…

32:11D-25. Storage and release of waters (a) The commission shall have power to acquire, 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 pu…

32:11D-26. Assessable improvements The commission may undertake to provide stream regulation in the main stream or any tributary in the basin and may assess on an annual basis or otherwise the cost thereof upon water users or any classification of them specially benefited thereby…

32:11D-27. Co-ordination 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…

32:11D-28. 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 …

32:11D-29. General powers The commission may undertake investigations and surveys, and acquire, construct, operate and maintain projects and facilities to control potential pollution and abate or dilute existing pollution of the water resources of the basin. It may invoke as comp…

32:11D-3. Purpose and findings The legislative bodies of the respective signatory parties hereby find and declare: (a) The water resources of the basin are affected with a local, State, regional and national interest and their planning, conservation, utilization, development, man…

32:11D-30. Policy and standards The commission may assume jurisdiction to control future pollution and abate existing pollution in the waters of the basin, whenever it determines after investigation and public hearing upon due notice that the effectuation of the comprehensive pla…

32:11D-31. Co-operative legislation and administration Each of the signatory parties covenants and agrees to prohibit and control pollution of the waters of the basin according to the requirements of this compact and to co-operate faithfully in the control of future pollution in …

32:11D-32. Enforcement The commission may, after investigation and hearing, issue an order or orders upon any person or public or private corporation, or other entity, to cease the discharge of sewage, industrial or other waste into waters of the basin which it determines to be i…

32:11D-33. 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 juri…

32:11D-34. General powers The commission may plan, design, construct and operate and maintain projects and facilities, as it may deem necessary or desirable for flood damage reduction. It shall have power to operate such facilities and to store and release waters on the Delaware …

32:11D-35. Flood plain zoning (a) The commission shall have power to adopt, amend and repeal recommended standards, in the manner provided by this section, relating to the nature and extent of the uses of land in areas subject to flooding by waters of the Delaware river and its t…

32:11D-36. 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 restricting the use of such property so as to minimize the flood hazard, converting p…

32:11D-37. Flood and stream stage warnings and posting The commission may cause lands particularly subject to flood to be posted with flood hazard warnings, and may from time to time cause flood advisory notices to be published and circulated as conditions may warrant. L.1961, c.…

32:11D-38. 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. L.1961, c. 13, p. 61, s. 7.1.

32:11D-39. Soil conservation and forestry The commission may acquire, sponsor or operate facilities and projects to encourage soil conservation, prevent and control erosion, and to promote land reclamation and sound forestry practices. L.1961, c. 13, p. 61, s. 7.2.

32:11D-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 provision hereof be construed…

32:11D-40. Fish and wildlife The commission may acquire, sponsor or operate projects and facilities for the maintenance and improvement of fish and wildlife habitats related to the water resources of the basin. L.1961, c. 13, p. 61, s. 7.3.

32:11D-41. Co-operative planning and operation (a) The commission shall co-operate with the appropriate agencies of the signatory parties and with other public and private agencies in the planning and effectuation of a co-ordinated program of facilities and projects authorized by…

32:11D-42. Development The commission shall 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 construc…

32:11D-43. Co-operative planning and operation (a) The commission shall co-operate with the appropriate agencies of the signatory parties and with other public and private agencies in the planning and effectuation of a co-ordinated program of facilities and projects authorized by…

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…