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Show DELAWARE RIVER BASIN COMPACT .147 "article viii "Each signatory state may authorize an appropriate department to designate as water in transit for the use of that state any or all water that has been or may hereafter be developed by storage for any purpose by or under the authorization of such state either on any tributary within said state or on the channel of the Delaware river. All water so designated shall be known as 'water in transit' and may be permitted to flow into and down the channel of the Delaware river. All water which has been so designated shall 'be considered as having been diverted at the point of storage where it was developed and shall be charged against the total quantity of water which may be diverted by the designating state under the authority of article V. "Water in transit may be removed from the channel of the Delaware river by or under the authority of the designating state. The daily rate at which water in transit may be removed from the channel shall not exceed the daily rate at which it is delivered and no greater quan- tity of such water may be removed than shall have been delivered into the said channel. All water in transit shall be subject to the reserve flow requirements of articles VI and VII which apply at the point of storage where said water Was developed. In the case of water in transit from any development completed prior to the date when this compact becomes effective said reserve flow requirements shall, so long as the existing authorization for such development continues in effect, apply only at times when water in transit from such development is actually flowing in the channel of the Delaware river. "Every designation of water in transit made under the authority of this article shall be evidenced by the filing with the commission of a declaration setting forth the contemplated uses of said water and any such designation may at any time be withdrawn or amended without prejudice to its subsequent amendment or renewal. Notice of every amendment or renewal shall be given to the commission through the filing of a declaration, the provisions of which declaration shall not become effective until two years from the date of the filing thereof unless the commission shall, after hearing, fix an earlier date. "article ix "With the approval of the commission each signatory state may build dams entirely or partly across the channel of the Delaware river upon such terms and conditions as the commission, after hearing, may prescribe. "All such dams shall be built so as to conform to the requirements relating to physical construction and safety in the state or states in which they are located and shall at all times be operated so as not to interfere with any diversion that is in accordance with schedules pre- scribed by the commission nor with any water in transit. "article x "Notice of every development for diversion from any tributary shall be filed with the commission, prior to the beginning of con- struction, by the state in which the development is located or by the holder of the authorization for such development; said notice |
