OCR Text |
Show 134 INTERSTATE COMPACTS shall not require, as against the higher use, pumping in place of gravity delivery of water, nor impose on the higher use the cost of any im- pounding works or any unreasonable enlargement of pipe lines, con- duits or tunnels, or impose on the higher use any undue burden in either expense or convenience of operation. In the case of conflicts in uses of the same relative order of importance, preference shall be given to any established use over a proposed one and the commission shall have authority to determine the manner in which such conflicting uses may be harmonized, without imposing unreasonable expense or undue burden upon either or any of them. "article ix "No water from the drainage area of the Delaware river shall be diverted to any point outside of the boundaries of the states signatory to this compact. No one of the signatory states may give, grant or dis- pose of to another signatory state, or to any holder of an authorization therefrom, any water developed by or alloted to it under the provisions of this compact, except by legislative act when necessary and then only with the approval of the commission; but nothing herein contained shall be construed to prevent or prohibit the joint exercise by or under the authority of any two or more of the signatory states of the rights conferred by this compact and such joint exercise of rights is hereby authorized. "article x "With the approval of the commission any signatory state may construct or authorize the construction of a dam, wing dam, head- works, powerhouse or other structure in or across the channel of the Delaware river for the main purpose of the development of water power. Provided, That every such authorization shall be limited to such period not exceeding fifty years as the said state shall determine and set forth in its authorization. Provided further, that the holder of such authorization shall be entitled to extension and renewal thereof upon the same terms until such holder shall have received, through recapture or purchase by the authorizing state or by a duly au- thorized subsequent holder of like authority from said state, repay- ment of the capital prudently invested in the power project upon the faith of the authorization plus such reasonable damages, if any, to property of such holder which is valuable, serviceable and dependent for its usefulness upon the continuance of such authorization, but not recaptured or purchased, as may be caused by the severance therefrom of property taken. Provided further, that the authorizing state may, in the discretion of its appropriate agency, officer or employee em- powered in that behalf, embody in its authorization such other terms, conditions and stipulations as such agency, officer or employee shall deem necessary to protect the present and future interests of each of the three signatory states and their people in the construction, main- tenance and operation of the project and in the water and power resources to be utilized thereby and suitable to secure to the holder of such authorization a reasonable opportunity for a fair return on the capital prudently invested in the project. And provided further, that every such authorization shall be on the following conditions, |