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MARVIN MANDEL, Governor 1105
11.5. STANDARDS. —PERMITS SHALL BE GRANTED,
MODIFIED, OR DENIED, AS THE CASE MAY BE, TO AVOID SUCH
DEPLETION OF THE NATURAL STREAM FLOWS AND GROUND
WATERS IN THE PROTECTED AREA OR IN AN EMERGENCY AREA
AS WILL ADVERSELY AFFECT THE COMPREHENSIVE FLAN OR THE
JUST AND EQUITABLE INTERESTS AND RIGHTS OF OTHER
LAWFUL USERS OF THE SAME SOURCE, GIVING DUE REGARD TO
THE NEED TO BALANCE AND RECONCILE ALTERNATIVE AND
CONFLICTING USES IN THE EVENT OF AN ACTUAL OR
THREATENED SHORTAGE OF WATER OF THE QUALITY REQUIRED.
11.6. JUDICIAL REVIEW. —THE DETERMINATIONS
AND DELINEATIONS OF THE COMMISSION PURSUANT TO SECTION
11.2 AND THE GRANTING, MODIFICATION OR DENIAL OF
PERMITS PURSUANT TO SECTIONS 11.3, 11.4, AND 11.5
SHALL BE SUBJECT TO JUDICIAL REVIEW IN ANY COURT OF
COMPETENT JURISDICTION.
11.7. MAINTENANCE OF RECORDS. —EACH SIGNATORY
PARTY SHALL PROVIDE FOR THE MAINTENANCE AND
PRESERVATION OF SUCH RECORDS OF AUTHORIZED DIVERSIONS
AND WITHDRAWALS AND THE ANNUAL VOLUME THEREOF AS THE
COMMISSION SHALL PRESCRIBE. SUCH RECORDS AND
SUPPLEMENTARY REPORTS SHALL BE FURNISHED TO THE
COMMISSION AT ITS REQUEST.
11.8. EXISTING STATE SYSTEMS. —WHENEVER THE
COMMISSION FINDS IT NECESSARY OR DESIRABLE TO EXERCISE
THE POWERS CONFERRED WITH RESPECT TO EMERGENCIES BY
THIS ARTICLE, ANY DIVERSION OR WITHDRAWAL PERMITS
AUTHORIZED OR ISSUED UNDER THE LAWS OF ANY OF THE
SIGNATORY STATES SHALL BE SUPERSEDED TO THE EXTENT OF
ANY CONFLICT WITH THE CONTROL AND REGULATION EXERCISED
BY THE COMMISSION.
ARTICLE 12
INTERGOVERNMENTAL RELATIONS
12.1. FEDERAL AGENCIES AND PROJECTS. —FOR THE
PURPOSES OF AVOIDING CONFLICTS OF JURISDICTION AND OF
GIVING FULL EFFECT TO THE COMMISSION AS A REGIONAL
AGENCY OF THE SIGNATORY PARTIES, THE FOLLOWING RULES
SHALL GOVERN FEDERAL PROJECTS AFFECTING THE WATER
RESOURCES OF THE BASIN, SUBJECT IN EACH CASE TO THE
PROVISIONS OF SECTION 1.4 OF THIS COMPACT:
1. THE PLANNING OF ALL PROJECTS RELATED TO
POWERS DELEGATED TO THE COMMISSION BY THIS COMPACT
SHALL BE UNDERTAKEN IN CONSULTATION WITH THE
COMMISSION.
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