OCR Text |
Show 146 INTERSTATE COMPACTS the diversion of more than one-third of the divertible flow in the upper basin or of more than one-half of the divertible flow in the lower basin shall not operate to create an irrevocable right to continue such excess diversion nor to prevent the commission from at any time modifying or changing any such schedule to allow to each diverting state in the upper basin only one-third of the divertible flow or to allow to each diverting state in the lower basin only one-half of the divertible flow, or to prevent the commission from at any time modifying or changing any such schedule in any other manner that may be necessary to meet the conditions existing at the time such change or modification is made. "(2) In the absence of storage at the place where the diversion is accomplished no water shall be diverted from the channel within the upper basin unless the flow in the channel is in excess of a reserve flow of forty-five hundredths (0.45) of a cubic foot per second per square mile of drainage area above the point of diversion. In every diver- sion, in the upper basin, made from a storage reservoir lying wholly or in part, within the channel, a reserve flow equal to forty-five hun- dredths (0.45) of a cubic foot per second per square mile of drainage area above the point of storage shall be maintained at the point of storage at all times when the flow in the channel from the drainage area above the point of storage is greater than that amount; when the flow in the channel from the drainage area above the point of storage is less than forty-five hundredths (0.45) of a cubic foot per second per square mile, then a reserve flow equal to the flow from the drainage area above the point of storage shall be maintained in the channel at the point of storage. "(3) In the absence of storage at the place where the diversion is accomplished no water shall be diverted from the channel within the lower basin unless the flow in the channel is in excess of a reserve flow of twenty-four hundredths (0.24) of a cubic foot per second per square mile of drainage area above the point of diversion. In every diversion, in the lower basin, made from a storage reservoir lying wholly or in part within the channel, a reserve flow equal to twenty- four hundredths (0.24) of a cubic foot per second per square mile of drainage area above the point of storage shall be maintained at the point of storage at all times when the flow in the channel from the drainage area above the point of storage is greater than that amount; when the flow in the channel from the drainage area above the point of storage is less than twenty-four hundredths (0.24) of a cubic foot per second per square mile, then a reserve flow equal to the flow from the drainap-e area above the point of storage shall be maintained in the channel at the point of storage. " (4) The reserve flows required under this article at every point of diversion or of storage shall be in addition to water in transit which may be flowing in the channel at such point. "(5) Every storage reservoir lving wholly or partly within the channel of the Delaware river shall at all times be operated so as not to interfere with or retard the free passage of water in transit, of the required reserve flows and, except as otherwise permitted by the sched- ules prescribed by the commission, of that part of the flow in the said channel which may not be diverted by the state under the authoriza- tion of which state said storage reservoir was constructed. |