Marvin Mandel, Governor                             65

generation of hydroelectric power and energy from the waters of
the basin by others than the Commission, subject to all other provi-
sions of this compact.

10.08. Transmission.—The Commission may provide means for
the transmission of hydroelectric power and energy produced by a
Commission facility, where such means are not otherwise available
upon reasonable terms, for the purpose of wholesale marketing of
power. Nothing herein shall be construed to authorize the Commis-
sion to engage in the business of direct sale to retail customers, or
to limit the jurisdiction of any other agency, lawfully empowered,
to prescribe or approve the location and structural characteristics
of transmission lines and their appurtenances.

122.                                                                                                                 

ARTICLE 11
WATER SHORTAGES AND EMERGENCIES

11.01.    Areas of Potential Water Shortage.—The Commission
shall conduct continuing studies of the relationship of demand to
available supply of water, and whenever it determines that the
demands upon supply in any part or parts of the basin have devel-
oped or threaten to develop to such a degree as to create a potential
water shortage or impair or conflict with the requirements or effec-
tuation of the comprehensive water resources plan it shall delineate
each area involved as an area of potential water shortage. There-
upon it shall be the duty of the Commission to publicize each such
delineation and to reexamine the comprehensive water resources
plan in the light thereof.

11.02.    Protected Areas.—Whenever, after public hearing, the
Commission finds that control of water withdrawal, diversion or use
is required in an area of potential water shortage, which has been
delineated under Section 11.01, it may designate such area as a
protected area.

11.03.    Emergency Areas.—Whenever the Commission finds that
a drought or other condition has caused or may cause an actual and
immediate shortage of the available supply of water within the
basin, or within any part thereof, it may delineate the area of such
shortage and designate the area delineated as an emergency area,
which delineation and designation shall not extend beyond thirty
(30) days except to the extent that, after public hearing, such
delineation and designation are confirmed by the Commission.

11.04. Protected Area and Emergency Area Controls.—Upon
the designation of a protected or emergency area by the Commission,
and until such designation is changed or terminated, no person or
governmental agency shall divert, withdraw or use water from the
sources supplying such protected or emergency area for any purpose
in excess of such quantities, at such times, and from such sources
as the Commission may prescribe by regulation or authorize by
special permit; except that the foregoing shall not apply within a
protected area to a diversion, withdrawal or use of water author-
ized, prior to the adoption of this compact and not thereafter
revoked, changed, or abandoned, under the law of any signatory.