so generous a manner extended by the Commissioners from Pennsylvania and New Jersey. In consequence of the mutual trust so engendered it has been possible for us to agree with them on every point embraced in the compact, with the result that it is a document not only fair and reasonable in its tenor but just in every particular to each of the sovereign States which is party thereto. Dated, New York, N. Y., January 28, 1925. Respectfully submitted, GEORGE MACDONALD, Chairman, J. D. THOMPSON, Commissioners. APPENDIX AN ACT to adopt a compact made between commissioners appointed by the governor under a law of the commonwealth of Pennsylvania, and commissioners appointed by the governor under a law of the state of New Jersey, and commissioners appointed by the governor under a law of the state of New York, for the purpose of conserving the water resources of the Delaware river and making allotments therefrom to the said states respectively and determining and adjusting their respective rights therein. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Whereas, Commissioners duly appointed on the part of the commonwealth of Pennsylvania and commissioners duly appointed on the part of the state of New Jersey and commissioners duly appointed on the part of the state of New York to negotiate and agree upon the terms of a compact relative to conserving the water resources of the Delaware river and making allotments therefrom to the said states respectively and determining and adjusting their respective rights therein have executed in triplicate an agreement for the purpose aforesaid, one for each state, which agreement is contained in the following words: COMPACT The commonwealth of Pennsylvania by legislative act, approved the twenty-fourth of May anno domini, nineteen hundred and twenty-three (pamphlet laws four hundred and forty-eight), and the state of New Jersey by chapter ninety-four of the laws of nineteen hundred and twenty-three, and the state of New York by chapter fifty-six of the laws of nineteen hundred and twenty-three, having authorized their respective governors to appoint commissioners for the purpose of negotiating a form of compact or treaty between the said three states, and the said states through their governors having appointed as their commissioners: Charles H. Miner, Robert Y. Stuart, Philip P. Wells, for the commonwealth of Pennsylvania. William A. Starrett, Frederick C. Schneider, for the state of New Jersey. George MacDonald, Rudolph Reimer, Jefferson DeMont Thompson, for the state of New York, who, after negotiations, have agreed upon the following articles: ARTICLE I. This compact, between the sovereign states of Pennsylvania, New York and New Jersey, is entered into for the purpose of conserving by storage and otherwise for all uses the water resources of the said states in the Delaware river, its tributaries and drainage area and, as a means to that end, for making allotments from the said water resources to the said states respectively and determining and adjusting their respective rights therein. ARTICLE II. Where used in this compact, singular words shall be construed as including the plural, masculine words shall be construed as including the feminine and neuter, and the following terms and expressions shall have the meanings as respectively designated for each: The term "waters of the Delaware river" means all of the surface waters which, following their natural courses, flow into the channel of the Delaware river above that point in the said channel which marks the boundary between the states of Delaware, Pennsylvania and New Jersey. The term "channel of the Delaware river" means the lands and bed of the river on and over which the waters of the Delaware river flow, beginning at that point near "Monument island" which is the northeastern corner of the commonwealth of Pennsyl vania and extending thence continuously as the said channel winds and turns to the point which is the common boundary between the states of Pennsylvania, New Jersey and Delaware. The term "drainage area of the Delaware river" means the entire area of both land and water from which the surface waters naturally flow into the channel of the Delaware river. The term "tributary" or "tributary of the Delaware river' means any watercourse, the waters of which naturally reach the channel of the said river. The term "domestic and municipal" as applied to the use of water means the use of water by or for waterworks serving the public. The term "sanitation" as applied to the use of water means the use of water for the conveyance of sewage and industrial wastes. The term "sewage" means any substance or liquid containing any of the waste products or excrementitions or other discharges from the bodies of human beings or animals. The term "industrial waste" means any liquid or solid substance, not sewage, resulting from any process employed in manufacturing or industry. The term "water returned" or its equivalent means the return into a tributary or into the channel of the Delaware river of water after the same has been used for any purpose and in this sense the terms "sewage" and "industrial waste" shall be construed as being "water returned". The term "industry" as applied to the use of water means the use of water for manufacturing and industrial purposes in all cases in which the water used is not taken from a public water supply system. The term "power" as applied to the use of water means the use of water for the development of energy whether that use be direct or indirect. The term "navigation" as applied to the use of water means the use of water for transportation and for the operation of water craft for all purposes. The term "develop," "developed" or "development," when referring to the use of water from the channel of the Delaware river or a tributary, shall include any means for making the water available for use by the construction of any intake, dam or other works. The term "point of development" means the point nearest the mouth of a tributary at which any dam or intake is built in connection with any development of the waters of such tributary. The term "divert" or "diversion" when referring to water in the channel of the Delaware river means the taking or removal of water from the said channel when the water taken or removed is not returned into the said channel within a distance of twelve miles below the point of diversion measured along the center line. of the said channel. The term "divert" or "diversion" when referring to the water of a tributary of the Delaware river means the taking or removal of water from that tributary or from any portion thereof when the water taken or removed is not returned into the channel of the Delaware river either above the point at which the tributary enters the said channel or within a distance of twelve miles below that point, measured along the center line of the said channel. The term "point of diversion" means the point or place at which water is taken or removed from a tributary or from the channel of the Delaware river. The term "developed for diversion" means conservation of water by storage or otherwise on or from any one or more tributaries for the purpose of diversion at any point on the tributary or tributaries, or at some lower point in the channel of the Delaware river after the water shall have reached said lower point as water in transit. The term "ordinary flow" means a flow of forty-five hundredths of a cubic foot per second for each square mile of drainage area above the point at which the "ordinary flow" is to be determined. The term "ordinary low flow" means a flow of fifteen hundredths of a cubic foot per second for each square mile of drainage area above the point at which the "ordinary low flow" is to be determined. The term "allotment" means the share of any signatory state in the water flowing in the channel of the Delaware river which is in excess of all water in transit. |