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Show 632 INTERSTATE ADJUDICATIONS storage reservoirs, for the purpose of computing the volume of water that would have had to be released in order to have main- tained precisely the basic rate on that day; " (c) Take account of all changes that can be anticipated in the flow from that portion of the watershed above Montague not un- der the City's control and allow for the same by making an appro- priate adjustment in the computed volume of the daily release; and "(d) After taking into consideration (a), (b) and (c), direct the making of adjusted daily releases designed to maintain the flow at Montague at the applicable minimum basic rate. "C. Distribution of Costs.-The compensation of, and the costs and expenses incurred by, the River Master shall be borne equally by the State of Delaware, State of New Jersey, Commonwealth of Pennsyl- vania, and the City of New York. "D. Replacement.-In the event that for any reason the Chief Hy- draulic Engineer of the U.S.G.S. or his designee cannot act as River Master, this Court will, on motion of any party, appoint a River Master and fix his compensation. "VIII. No Prior Appropriation nor Apportionment. No diversion herein allowed shall constitute a prior appropriation of the waters of the Delaware River or confer any superiority of right upon any party hereto in respect of the use of those waters. Nothing contained in this decree shall be deemed to constitute an apportionment of the waters of the Delaware River among the parties hereto. "IX. Decree Without Prejudice to the United States. This de- cree is without prejudice to the United States. It is subject to the paramount authority of Congress in respect to commerce on navigable waters of the United States; and it is subject to the powers of the Secretary of the Army and Chief of Engineers of the United States Army in respect to commerce on navigable waters of the United States. "X. Retention of Jurisdiction; No Estoppel. Any of the parties hereto, complainant, defendants or intervenors, may apply at the foot of this decree for other or further action or relief, and this Court re- tains jurisdiction of the suit for the purpose of any order or direction or modification of this decree, or any supplemental decree that it may deem at any time to be proper in relation to the subject matter in controversy. The fact that a party to this cause has not filed excep- tions to the report of the Special Master or to the provisions of this decree shall not estop such party at any time in the future from apply- ing for a modification of the provisions of this decree, notwithstanding any action taken by any party under the terms of this decree. "XI. Costs of this Proceeding. The costs of this proceeding shall be paid by the parties in the following proportions: State of New Jersey, 26% percent, City of New York, 26% per cent, State of New York, 10 per cent, Commonwealth of Pennsylvania 26% per cent, and State of Delaware, 10 per cent." The report of the Special Master, affirmed (as noted above) by the Court, made no findings of fact and arrived at no conclusions of law. The report consists, for the most part, of an exposition of the conten- tions of the parties to the cause and concludes with a recommended modified decree. |
