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Show DELAWARE RIVER BASIN COMPACT 129 "The term 'point of development' means the point nearest the mouth of a tributary at which any dam or intake is built in connection with any development of the waters of such tributary. "The term 'divert' or 'diversion' when referring to water in the channel of the Delaware river means the taking or removal of water from the said channel when the water taken or removed is not returned into the said channel within a distance of twelve miles below the point of diversion measured along the center line of the said channel. "The term 'divert' or 'diversion' when referring to the water of a tributary of the Delaware river means the taking or removal of water from that tributary or from any portion thereof when the water taken or removed is not returned into the channel of the Dela- ware river either above the point at which the tributary enters the said channel or within a distance of twelve miles below that point, measured along the center line of the said channel. "The term 'point of diversion' means the point or place at which water is taken or removed from a tributary or from the channel of the Delaware river. "The term 'developed for diversion' means conservation of water by storage or otherwise on or from any one or more tributaries for the purpose of diversion at any point on the tributary or tributaries, or at some lower point in the channel of the Delaware river after the water shall have reached said lower point as water in transit. "The term 'ordinary flow' means a flow of forty-five hundredths of a cubic foot per second for each square mile of drainage area above the point at which the 'ordinary flow' is to be determined. "The term 'ordinary low flow' means a flow of fifteen hundredths of a cubic foot per second for each square mile of drainage area above the point at which the 'ordinary low flow' is to be determined. "The term 'allotment' means the share of any signatory state in the water flowing in the channel of the Delaware river which is in excess of all water in transit. "The term 'New York-New Jersey state line' means the boundary line between the states of New York and New Jersey, which line, for the purposes of this compact, shall be considered as crossing the chan- nel of the Delaware river due east to the so-called 'tri-state rock' and continuing thence in a southeasterly direction across the Neversink river to a rock on the west shore of the Hudson river near the village of Nyack. "The term 'water in transit' means water which has been developed by storage or otherwise and which is flowing in the channel of the Delaware river under the provisions of article seven. "The term 'point of storage' means the point or place in the channel of the Delaware river at which a dam is maintained. "The term 'commission' means the tri-state Delaware river commis- sion. "article hi "In the development, use or diversion of the waters of the Delaware river and in all considerations of quantity and preservation of quality the order of importance and public value of water shall be as follows: |