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Show 626 INTERSTATE ADJUDICATIONS 85% in the organic impurities. And the effluent from such plant shall be treated with a chemical germicide, or otherwise, so that the B. coli originally present in the sewage shall be reduced by 90%. Untreated industrial waste from plants in said town of Port Jervis shall not be allowed to enter the Delaware or Neversink Kivers, and the treatment of such industrial wastes shall be such as to render the effluent practically free from suspended matter and non-putrescent; and said treatment of sewage and industrial waste shall be maintained so long as any diversion is made from the Delaware River or its tributaries. (b) At any time the stage of the Delaware River falls below 0.50 c.s.m. at Port Jervis, New York, or Trenton, New Jersey, or both (0.50 c.s.m. being equivalent to a flow of 1,535 c.f.s. at Port Jervis and 3,400 c.f.s. at Trenton), water shall be released from one or more of the impounding reservoirs of New York City in sufficient volume to restore the flow at Port Jervis and Trenton to 0.50 c.s.m., provided, however, that there is not required to be released at any time water in excess of 30% of the diversion area yield, and the diversion area yield having been ascertained to be 2.2. c.s.m., the maximum release required shall be 30% of that amount, or 0.66 cubic feet per second per square mile of the areas from which water is diverted. In determining the quantity of water to be released so as to add to the flow of the Delaware River, the Neversink River shall be treated as if it flowed into the Delaware River above Port Jervis, and the number of second feet of water released from the impounding reservoir on the Neversink River shall be added to the number of second feet of water released from other reservoirs, so as to determine whether the quantity of water, required by this decree to be released, has been released. (c) That the State of New Jersey and the Commonwealth of Penn- sylvania, through accredited representatives, shall at all reasonable times have the right to inspect the dams, reservoirs and other works constructed by the City of New York and to inspect the diversion areas and the inflow, outflow and diverted flow of said areas, and to inspect the meters and other apparatus installed by the City of New York and to inspect all records pertaining to inflow, outflow and diverted flow. 2. The diversion herein allowed shall not constitute a prior appro- priation and shall not give the State of New York and City of New York any superiority of right over the State of New Jersey and Com- monwealth of Pennsylvania in the enjoyment and use of the Delaware River and its tributaries. 3. The prayer of the intervener, Commonwealth of Pennsylvania, for the present allocation to it of the equivalent of 750 million gallons of water daily from the Delaware River or its Pennsylvania tributaries is denied without prejudice. 4. The prayer of the Commonwealth of Pennsylvania for the ap- pointment of a river master is denied without prejudice. 5. This decree is without prejudice to the United States and par- ticularly is subject to the paramount authority of Congress in respect to navigation and navigable waters of the United States, and subject to the powers of the Secretary of War and Chief of Engineers of the |
