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Show 138 INTERSTATE COMPACTS ARTICLE XVI "Nothing herein contained shall be construed to abridge any ripar- ian rights under the law of the several states to the use of water from the channel of the Delaware river or from any of its tributaries ex- cept upon payment of just compensation to be ascertained and ad- judged by due process of law. "article xvii "Nothing contained in this compact shall operate to impair any vested right of diversion or use of the waters of the Delaware river which may exist or have become vested at any time prior to the ratifi- cation hereof, but the amount of water diverted under such vested right shall be charged against the allotment of the state under whose authority or jurisdiction said right became vested. In each of the signatory states rights to divert or use the waters of the Delaware river or its tributaries, together with property necessary to effect the same, though devoted to public use, may be taken for any other public use higher in the order of importance as set forth in article three; provided that nothing in this article shall be construed to authorize the taking of vested rights or property without just compensation to be determined by due process of law governing such matters in the respective states. "article xvrn "Nothing in this compact shall be construed to prevent the institu- tion or prosecution of any proceedings in any court of competent juris- diction for the purpose of remedying or correcting by damages, injunction, mandamus or other process civil or criminal any act of com- mission or omission in violation of the provisions of this compact, for the protection of any rights under it, for the enforcement of any of its provisions, or for the awarding and enforcement of payment of compensation for any injury which may be caused by the exercise of any right or privilege herein authorized. "article xix "Nothing in any existing treaty between any two of the states signa- tory hereto shall be modified or changed or invalidated by anything herein contained except as any provision in any such existing treaty may be expressly repugnant to any provision of this compact, but nothing in any such existing treaty shall be construed to prevent the erection and maintenance of any dam across the channel of the Dela- ware river, as authorized or permitted under the provisions of this compact. "article xx "The governor of each of the signatory states is hereby directed to designate an appropriate state officer or employee and may a/ppoint not more than two other persons all of whom shall serve, until their successors are designated or appointed, on a joint commission to be known as the tri-State Delaware river commission. In voting on all matters which come 'before the commission, each signatory state shall |