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Show 132 INTERSTATE COMPACTS denominator shall be the total drainage area below the said state line, and the allotment of the other state shall be increased by the amount by which the allotment of the diverting state has been reduced. In case tributaries within the drainage area below the New York-New Jersey state line shall have been developed for diversion by both New Jersey and Pennsylvania the rule herein above stated shall be applied separately and in turn as to each of them and the subtractions from and additions to the normal allotments of the states, thus determined, shall fix the allotments of the states as of that time. "Dams may be constructed across the channel of the Delaware river by or under the authority of any one of the signatory states for the purpose of storing water developed for diversion, water in transit belonging to said state, or any part or all of the water allotted to it under the provisions of this article. All water so stored may be diverted or released from such reservoir or reservoirs by or under the authority of such state but the flow in the said, channel below the point of storage must not be reduced below the ordinary flow whenever the flow above the point of storage is greater than the said ordinary flow. When and if the flow in the said channel above the point of storage is less than the ordinary flow then and in every such case a flow equal to that above the point of storage shall be maintained in the said channel below the point of storage. At all times, however, neither the water in transit nor the allotment or allotments of the other signatory state or states shall be interfered with but must at all times be permitted to pass such dam or dams. "It is the intention of this article that no water shall be diverted from the channel of the Delaware river above the New York-New Jersey state line whenever the flow in the said channel is less than forty-five hundredths of a cubic foot per second for each square mile of the total drainage area lying above the point of diversion and it is further intended that no water shall be diverted from the channel of the Delaware river below the New York-New Jersey state line whenever the flow in the said channel is less than thirty-six hundredths of a cubic foot per second for each square mile of the total drainage area lying above the point of diversion, but nothing contained in this article shall be construed to limit or prevent the diversion of water in transit, of water diverted under any vested right, or of water stored for diversion as herein provided. 'ARTICLE VII "The channel of the Delaware river is hereby constituted a carrier for conducting water, designated as 'water in transit', which has been developed or stored in accordance with the terms of article five or article six. Such water may be removed or diverted at any time or place from the channel of the Delaware river by or under authority of the state under whose auspices the development was made, irrespec- tive of the quantity of water flowing in the channel of the Delaware river and the reserve flow provisions of larticle six. The rate alt which such water is released or delivered shall be regulated so far as may be consistent with its economic utilization in such manner as not to unduly interfere with private rights or public interests along the said channel. The daily rate iat which such water may be removed or |
