MARVIN MANDEL, Governor                                      1095

(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 PREVENTION 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 COMPACT, OR BY THE
COMMISSION PURSUANT THERETO, OR BY THE JUDGMENT,
ORDER, OR DECREE OF A COURT OF COMPETENT JURISDICTION.

4.3.    ASSESSABLE IMPROVEMENTS. —THE COMMISSION
MAY PROVIDE WATER MANAGEMENT AND REGULATION IN THE
MAIN STREAM OR ANY TRIBUTARY IN THE BASIN AND, IN
ACCORDANCE WITH THE PROCEDURES OF APPLICABLE 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.

4.4.    COORDINATION. —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.

4.5.     ADDITIONAL POWERS. —IN CONNECTION WITH
ANY PROJECT AUTHORIZED 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.

ARTICLE 5