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Show DELAWARE RIVER BASIN COMPACT 137 condition which will meet the requirements set forth in paragraphs three and four of this article, the administrative determination and enforcement of the degree of treatment, if any, necessary to fulfill such requirements shall be made and undertaken by the proper officer or agent of the state wherein such tributary lies; provided, however, that any other signatory state or any municipality, citizen or resident thereof or property owner therein or any holder of any authorization therefrom under this compact, shall nevertheless have full right either jointly or severally to sue for the enforcement of any and all of the provisions of this article and for the redress of any injuries which may have resulted by reason of a violation thereof. "article xm "The beneficial effects of forest covered areas on the regularization of stream flow, with attendant greater potential use of streams for domestic, industrial and navigation purposes, and the greater stability of public ownership in management for the protection of forested drainage areas is clearly recognized and agreed to by the states party to this contract. Each signatory state hereby adopts and will adhere to a policy covering the establishment and maintenance of an adequate forest cover on public and privately owned land in the drainage area of the Delaware river and the maintenance of the highest practicable standards of protection from fire on these lands. u ARTICLE XIV "Alllands, water-rights or easements necessary for the construction and maintenance of any dam in or across the channel of the Delaware, river may, with the approval of the commission, be appropriated and condemned, by any signatory state or by the holder of authorization therefrom. All damage resulting from the exercise of the right and power of condemnation conferred by this article shall be ascertained, recovered and paid as provided by article fifteen hereof. "article xv "All damage to persons or property resulting from the exercise of- any rights under this compact shall be determined under, the rule of- damages, in accordance with the procedure, and in such manner as is provided by the law of the state in which the damages are suffered. The damages suffered in the state of Pennsylvania shall be ascer- tained, recovered and paid as provided by the forty-first section of- the act approved April twenty-ninth, eighteen hundred and seventy- four (pamphlet laws seventy-three) and the amendments and supple- ments thereto. The damages suffered in the state of New York or in the state of New Jersey shall be ascertained, recovered and paid as; provided by any general or other act applying thereto in effect at the time when the development is authorized. The court or courts which have jurisdiction of the subject matter in the respective states shall have jurisdiction of the person of every party in interest for the pur- poses of notice, summons and hearing throughout all three signatory- states. . 94-497-69------10 |