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Show DELAWARE RIVER BASIN COMPACT 133 diverted from the channel of the Delaware river shall not exceed the daily rate at which it is released or delivered and no greater quantity may be diverted from the said channel than shall have been released or delivered from the developments made under the provisions of article five and six less the reserve flows provided for in the said articles five and six, except that allotted water may be diverted as provided in article six. No development or construction in the chan- nel of the Delaware river shall be permitted to interfere with the regu- larity of the flow of any water which has been released or delivered for carriage. "article viii "In order to render possible the utilization or diversion of water flowing in the channel of the Delaware river, each signatory state shall have the right to build dams entirely or partly across said chan- nels and to construct wing dams, headworks, intakes or other neces- sary facilities at any point or points in or along said channel, subject to the following limitations and stipulations: "a. All such works shall be built in compliance with the legislative provisions governing such matters in the state or states in which they are located. "b. Works for the development of water power may not be built except with the approval of the commission in accordance with the provisions of article ten hereof. "c. Approval of the commission shall be secured for every project which involves the removal or diversion of more than two million gallons of water per day from the channel of the Delaware river; such approval, however, need not at any time be obtained by any administrative department of a signatory state or any political sub- division within a signatory state or by any corporation, partnership, association or person in the case of any intake which is in existence at any point in said channel on the date when this, compact becomes effective. "In the exercise of this authority, said commission shall be governed and its power and authority shall extend to and be limited by the following principles, restrictions and reservations, to wit: "1. In the case of any project which, in the judgment of the commis- sion, will not interfere or conflict with any other use of the water flow- ing in the channel of the Delaware river, the commission shall approve said project without imposing any restrictions or conditions except as may be necessary to insure compliance with the provisions of this compact. "2. As between any one or more proposed or possible conflicting uses, the action of the commission shall be based upon the relative importance of the uses to which the water may be put, as fixed in article three of this compact, and to the extent that conflict is irrec- oncilable, that possible and practicp.ble project which will effect the use of water standing highest in the order of importance shall be approved without restrictions or conditions, except such as the com- mission may deem necessary to insure compliance with the provisions of this compact. To the extent that conflict is avoidable by a reasonable modification of any or all of tlv% projects which may oe involved, the commission shall fix the term? or such modification, but such terms |