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Show -92- upon; provides for the construction by each State within the other of canals, ditches and other facilities convenient for diversion, and grants to the con- structing State the right of eminent domain when so operating in the other State; leaves Colorado with the express right to take and use all waters of the stream in that State not required for delivery to Nebraska under their sovereign agreement; adroitly provides that the compact may be terminated "by mutual consent;" and finally declares the arrangement to be based upon ''peculiar conditions" without recognition by either State of any general principle a-^1 A most elaborate document, known as the Delaware River Tri.-State Compact, was formulated by commissioners representing New Jersey, New York and Penn- sylvania under date of January 13, 1927, but has failed of adoption except ' by the State of New York lo>2 As it may yet become effective and may control enormous diversions 10? from a, great navigable waterway, some of its pro- visions require notice here. Chief of these is Article III, as follows* "For the purposes of this compact the order of importance and public value of water shall be? (A) domestic and municipal, (B) sanitation, (C) industry and power, and (D) navigation." After allotting a portion of the flow of the river for diversion by each of the three States, and making provision for the manner of such diversion, the proposed compact stipulates that "Each signatory state, in the exercise of any right under this compact, may take and condemn any property necessary for the con- struction, maintenance and operation of any dam in or across the channel of the Delaware river. Each signatory state may also take and condemn any rights to the use of or in water, the taking or condem- nation of which rights is necessary to effect any allowable diversion made under this compact from any tributary or from the channel of tha Delaware river* The power of condemnation herein conferred shall be exercised in accordance with the laws of the state in which 18°i\ct of July 3, 1926, c. 75k, /•]>. Stat. at L. 831. 161A*ct of Mar. 8, 1926, c. Ufa, hh Stat. at L. 195; Colo. Laws I925, p. 529; Neb. Laws 1923, p. 299c 162NF. Y. Laws 1927, c. 682, p. 1712, where this Delaware River Compact is set out in full. " , 107 • ^Xn a "Memorandum for the Delaware River Treaty Commission" dated Nov. 13* 1921+, by Colonel William Kelly, Chief Engineer Federal Power Commission, it is said* "The Treaty as drawn permits the diversion of about "75^ of the water from the river and gives prior right to such diversion." See Appendix G in Report of the Water Policy Commission to the New Jersey Legislature dated Jan. 30, 1926. The provision f or 15% diversion may have been modified, as the proposed compact contemplates an initial diversion of about two billion gallons daily for augmenting the water supply of New York; Philadelphia and tte New Jersey Metropolitan District; while the report estimates the yield of the river at about six billion gallons daily. |
