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Show DELAWARE RIVER BASIN COMPACT 171 in accordance with the authority conferred by the legislatures of their respective States, sign this compact in five originals, as attested by the respective Secretaries of State of the said States, and have caused the respective Seals of the said States to be hereunto affixed, this_______day of________________, 19______" See also pp. 635ff post for a proposed compact between New Jersey and Pennsylvania relating to the construction of dams and reservoirs at the Wallpack Bend site and at or near Yardley or Brookville, Pennsylvania. Interstate Commission on the Delaware River Basin.-The Inter- state Commission on the Delaware River Basin (INCODEL, for short), which is no longer in existence but to which reference is made in the principal compact, was created by separate actions of the four States concerned. See Delaware's Act of May 13, 1939 (Laws 1939, p. 432), New Jersey's Act of March 4, 1936 (Laws 1936, p. 32), New York's Act of May 31, 1939 (Laws 1939, p. 1409), and Pennsyl- vania's Act of March 24,1937 (Laws 1937, p. 109). The unperfedted 1951 compact set out immediately above was prepared by it. It also prepared, in cooperation with the State Health Departments of Delaware, New Jersey, New York, and Pennsylvania, the National Resources Committee, and the United States Public Health Service, a "Reciprocal Agreement for the Conservation and Control of Pollution of the Waters of the Interstate Delaware River." This document, after being "ratified" by the four State Departments of Health, was also ratified by the States of Delaware (Act of May 8, 1941, Laws 1941, p. 280; Del. Code Ann. 1953, Tit. 23, sees. 501ff), New Jersey (Act of July 1, 1939, Laws 1939, p. 477; N.J. Stat. Ann. 1940, sees. 58:17-Iff), and Pennsylvania (Act of April 19,1945, Laws 1945, p. 272; Purdon's Pa. Stat. Ann. 1949, Tit. 32, sees. 815.31ff). New York's legislation (Act of May 31, 1939, Laws 1939, p. 1409) was in the form of a consent to its Department of Health "to make and execute, in the name of this state, but not inconsistent with law," an agreement the terms of which are spelled out in the act in language identical with that of the great bulk of Articles II and III of the reciprocal agreement itself. Section 11 of the New York act author- ized its Department of Health "to apply to the congress of the United States for its consent to such agreement in accordance with the pro- visions * * * of the constitution of the United States." All of the States made provision for enforcement of the terms of the agree- ment through their appropriate agencies. The text of the reciprocal agreement is as follows: "Whereas, a substantial part of the territory of the states of New York, New Jersey, Pennsylvania and Delaware is situated within the Delaware River drainage basin; and "Whereas, the increase in population of the various municipal areas, within the Delaware River Basin, and the growth of industrial activity within the Basin, have resulted in increasingly serious pollu- tion of the waters of the interstate Delaware River and its tributaries; and "Whereas, such pollution constitutes a grave menace to the health, welfare and recreational facilities of the people living in the Delaware River Basin and occasions great economic loss; and |