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Show DELAWARE RIVER BASIN COMPACT 127 protect the national interest, and shall cease to be bound by the terms thereof. " (u) All Acts or parts of Acts inconsistent with the provisions of this Act are hereby amended for the purpose of this Act to the extent necessary to carry out the provisions of this Act: Provided, however, That no act of the Commission shall have the effect of repealing, modifying or amending any Federal law." For the legislative history of the Act of September 27, 1961, see H.J. Res. 225 and S. 856, 87th Congress; House Report 310 (Commit- tee on the Judiciary) and Senate Reports 8541 (Committee on the Judiciary), 985 (Committee on Public Works) and 1032 (Committee on Interior and Insular Affairs), 87th Congress; 107 Cong. Bee. 11807, 19670, 19803 (1961); P.L. 87-328. The hearings on H.J. Res. 255 and on S. 856 were printed. Related litigation.-See New Jersey v. New York, pp 623ff post. Earlier compact negotiations.-At least three Delaware River Com- pacts were negotiated before 1961, but none of these became effective. The first was negotiated by representatives of New Jersey, New York and Pennsylvania and was ratified, by New York in its Act of March 18, 1925 (Laws 1925, p. 228), with certain reservations, but not by New Jersey or Pennsylvania. As set forth in the New York law just cited, this compact read as follows: "The commonwealth of Pennsylvania by legislative act, approved the twenty-fourth of May anno domini, nineteen hundred and twenty- three (pamphlet laws four hundred and forty-eight), and the state of New Jersey by chapter ninety-four of the laws of nineteen hundred and twenty-three, and the state of New York by chapter fifty-six of the laws of nineteen hundred and twenty-three, having authorized their respective governors to appoint commissioners for the purpose of negotiating a form of compact or treaty between the said three states, and the said states through their governors having appointed as their commissioners: "Charles H. Miner, Robert Y. Stuart, Philip P. Wells, for the com- monwealth of Pennsylvania. "William A. Starrett, Frederick C. Schneider, for the state of New Jersey. "George MacDonald, Rudolph Reimer, Jefferson DeMont Thomp- son, for the state of New York, who, after negotiations, have agreed upon the following articles: "article i "This compact, between the sovereign states of Pennsylvania, New York and New Jersey, is entered into for the purpose of conserving by storage and otherwise for all uses the water resources of the said states in the Delaware River, its tributaries and drainage area and, as a means to that end, for making allotments from the said water resources to the said states respectively and determining and adjust- ing their respective rights therein. 1 Reprinted in this report is an opinion by Professor Walter Gellhorn and Mr. Frank P. Grnd of the Columbia University Law School on the constitutionality of the Delaware River Basin Compact and, more particularly, of the United States becoming a party to it. |
