MARVIN MANUEL, Governor                                 1051

MARKETING OF POWER. NOTHING HEREIN SHALL     BE

CONSTRUED TO AUTHORIZE THE COMMISSION 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.

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
DEVELOPED OR THREATEN TO DEVELOP TO SUCH A DEGREE AS
TO CREATE A POTENTIAL WATER SHORTAGE OR IMPAIR OR
CONFLICT WITH THE REQUIREMENTS OR EFFECTUATION OF THE
COMPREHENSIVE WATER RESOURCES PLAN IT SHALL DELINEATE
EACH AREA INVOLVED AS AN AREA OF POTENTIAL WATER
SHORTAGE. THEREUPON 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