OCR Text |
Show 467 authorized the appointment of commissioners to negotiate an interstate compact relative to the conservation, use, and de- velopment of the water resources of the Delaware River.344 They negotiated a compact which was ratified by New York in 1925, but by neither New Jersey nor Pennsylvania.345 A revised compact suffered a similar fate in 1927.346 In 1929, a controversy developed between New Jersey and New York over water diversion from the upper Delaware River basin. After two years of litigation, the United States Supreme Court settled this dispute, on the basis of "equitable apportionment." •" Thereafter, the four Delaware River Basin States in 1936 formed an interstate commission, popu- larly called Incodel, for the purpose of "entering upon a program to study the conservation, water supply, pollution, and other potential uses and benefits of, and to develop integrated plans to conserve and safeguard," the water and other resources of the Delaware River Basin in specified particulars.348 844 New Jersey Laws of 1923, ch. 94; Laws of New York, 1923, ch. 56; Laws of Pennsylvania, 1923, No. 239. 845 Laws of New York, 1925, ch. 177; see also Laws of New York, 1925, n. 4, p. 244. 849 Laws of New York, 1927, ch. 682; see also Laws of New York, 1927, n. 1, p. 1712. These compacts each recited that the compact was to be in full force and effect "upon adoption by the legislative act of each and all of said states, the Congress of the United States having consented thereto." Art. XXIV of 1925 Compact and Art. XXV of 1927 Compact. The laws ratifying each were repealed by New York in 1939. Laws of New York, 1939, ch. 108. 847 See The Book of the States, The Council of State Governments, p. 214 (1941-1942) ; New Jersey v. New York, 283 U. S. 336, 343 (1931). 848 For the acts establishing the several Commissions and Committees on Interstate Cooperation, see Laws of Delaware, 1939, ch. 202; New Jersey Laws, 1936, ch. 21; Laws of Pennsylvania, 1937, No. 35. In New York, this is accomplished by annual Concurrent Resolutions. See The Interstate Commission on the Delaware River Basin, A Decade of Planned Progress, 1936-1946, App. (1946). Each such act establishes a Commission on Inter- state Cooperation which in turn may establish committees and advisory bodies to formulate proposals for intergovernmental cooperation. Each Commission consists of representatives of the legislative and executive branches of the States. The members serve without compensation, may employ a staff and incur expenses, and make contributions to the Council of State Governments. The Interstate Commission on the Delaware River Basin, Incodel, is a "joint advisory board" maintained by these Commis- |