SPIRO T. AGNEW, Governor                          809

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 on 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 hydroelec-
tric energy through the use of dams, related facilities, and ap-
purtenances.

10.5—Rates and Charges. Rates and charges fixed by the com-
mission for power which is produced by its facilities shall be rea-
sonable, nondiscriminatory, and just.

70.

Article 11

Regulation of Withdrawal and Diversions; Protected
Areas and Emergencies

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 deter-
mine and delineate such areas within the basin wherein the de-
mands 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 compre-
hensive 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 gen-
eral 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 deter-