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MARVIN MANDEL, Governor 1091
PERMIT THE DECENTRALIZED ADMINISTRATION THEREOF;
4. QUALIFY AS A SPONSORING AGENCY UNDER ANY
FEDERAL LEGISLATION HERETOFORE OR HEREAFTER ENACTED TO
PROVIDE FINANCIAL OR OTHER ASSISTANCE FOR THE
PLANNING, CONSERVATION, UTILIZATION, DEVELOPMENT,
MANAGEMENT, OR CONTROL OF WATER RESOURCES.
3.8. ALLOCATIONS, DIVERSIONS, AND RELEASES. —
(A) THE COMMISSION SHALL HAVE POWER FROM TIME TO
TIME AS THE NEED APPEARS, TO ALLOCATE THE WATERS OF
THE BASIN TO AND AMONG THE STATES SIGNATORY TO THIS
COMPACT AND IMPOSE RELATED CONDITIONS, OBLIGATIONS,
AND RELEASE REQUIREMENTS.
(B) THE COMMISSION SHALL HAVE POWER FROM TIME TO
TIME AS THE NEED APPEARS TO ENTER INTO AGREEMENTS WITH
OTHER RIVER BASIN COMMISSIONS OR OTHER STATES WITH
RESPECT TO IN-BASIN AND OUT-OF-BASIN ALLOCATIONS,
WITHDRAWALS, AND DIVERSIONS.
(C) NO ALLOCATION OF WATERS MADE PURSUANT TO
THIS SECTION SHALL CONSTITUTE A PRIOR APPROPRIATION OF
THE WATERS OF THE BASIN OR CONFER ANY SUPERIORITY OF
RIGHT IN RESPECT TO THE USE OF THOSE WATERS, NOR SHALL
ANY SUCH ACTION BE DEEMED TO CONSTITUTE AN
APPORTIONMENT OF THE WATERS OF THE BASIN AMONG THE
PARTIES HERETO. THIS SUBSECTION SHALL NOT BE DEEMED
TO LIMIT OR RESTRICT THE POWER OF THE COMMISSION TO
ENTER INTO COVENANTS WITH RESPECT TO WATER SUPPLY,
WITH A DURATION NOT EXCEEDING THE LIFE OF THIS
COMPACT, AS IT MAY DEEM NECESSARY FOR THE BENEFIT OR
DEVELOPMENT OF THE WATER RESOURCES OF THE BASIN.
3.9. RATES AND CHARGES. —THE COMMISSION, FROM
TIME TO TIME AFTER PUBLIC NOTICE AND PUBLIC HEARING
UPON DUE NOTICE GIVEN MAY FIX, ALTER, AND REVISE
RATES, RENTALS, CHARGES, AND TOLLS, AND
CLASSIFICATIONS THEREOF, WITHOUT REGULATION OR CONTROL
BY ANY DEPARTMENT, OFFICE, OR AGENCY OF ANY SIGNATORY
PARTY, FOR THE USE OF FACILITIES OWNED OR OPERATED BY
IT, AND ANY SERVICES OR PRODUCTS WHICH IT PROVIDES.
3.10. REFERRAL AND REVIEW. —NO PROJECTS
AFFECTING THE WATER RESOURCES OF THE BASIN, EXCEPT
THOSE NOT REQUIRING REVIEW AND APPROVAL BY THE
COMMISSION UNDER PARAGRAPH 3 FOLLOWING, SHALL BE
UNDERTAKEN BY ANY PERSON, GOVERNMENTAL AUTHORITY OR
OTHER ENTITY PRIOR TO SUBMISSION TO AND APPROVAL BY
THE COMMISSION OR APPROPRIATE AGENCIES OF THE
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