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Session Laws, 1967
Volume 681, Page 803   View pdf image (33K)
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SPIRO T. AGNEW, Governor                          803

63.

Article 4

Water Supply

4.1Generally. 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.

4.2Storage 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 pre-
vention 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 com-
pact, or by the commission pursuant thereto, or by the judgment,
order, or decree of a court of competent jurisdiction.

4.3Assessable Improvements. The commission may provide
water management and regulation in the main stream or any trib-
utary in the basin and, in accordance with the procedures of appli-
cable 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.

4.4Coordination. 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.

4.5Additional Powers. In connection with any project author-
ized 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.


 

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Session Laws, 1967
Volume 681, Page 803   View pdf image (33K)
 Jump to  
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