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Show DELAWARE RIVER LITIGATION 635 Belated legislation.-The Act of the New Jersey legislature (Act of December 30, 1953, Laws 1953, p. 2422; N.J. Stat. Ann., sees. 32:20- 34ff) referred to in paragraph V of the Court's decree (p. 630 supra) reads as follows: "Whereas, Litigation is pending in the United States Supreme Court between the State of New York, the City of New York, the State of New Jersey and the Commonwealth of Pennsylvania, relative to use of the Delaware river as a source of public water supply; and "Whereas, The State of New Jersey has claimed the right to divert, a volume of water from the Delaware river, based upon its prior diver- sion through the Delaware and Earitan canal; and "Whereas, The Commonwealth of Pennsylvania has indicated that it will contest this State's diversion of said waters for public water supply without compensation flow releases; and "Whereas, The Commonwealth of Pennsylvania has agreed not to contest this State's right to divert a volume of water equivalent to one hundred million gallons per day out of the Delaware basin for domestic, commercial or industrial purposes, without any requirement for compensation flow releases, if the State of New Jersey enacts the following mutually advantageous legislation; and "Whereas, It is proposed that the United States Supreme Court will retain jurisdiction over diversions from the Delaware river by either State; and "Whereas, It is desirable that the water resources of the Delaware river be made available to meet the water needs of the State of New Jersey; and "Whereas, The city and State of New York have proposed substan- tially increased minimum flows of the river to be provided by them upon the completion of their present reservoir construction and the proposed dam and reservoir at Cannonsville, New York, all under the jurisdiction of the United States Supreme Court; therefore, "Be it enacted by the Senate and General Assembly of the State of New Jersey: "1. Subject to the provisions of this act, authority is given to the Commonwealth of Pennsylvania or, through it, to any commission or other public body or municipality singly or collectively designated, by the Legislature of said Commonwealth to construct and maintain a storage dam across the Delaware river at or near the area known as Wallpack Bend, but above the confluence with the Flatbrook, and including the works and appurtenances of said dam and to maintain the reservoir above said dam for the purpose of impounding the waters of said river to provide a supply of water for domestic, commercial and industrial purposes and compensation flow. Such construction and maintenance shall be deemed to be a public project for the benefit of New Jersey and Pennsylvania. The authority to construct such reservoir hereby conferred shall expire, unless sooner exercised, fifty years after the effective date of this act. "2. (a) The entire cost of such construction and maintenance shall be borne by the Commonwealth of Pennsylvania or by said commis- sion or public body or municipality, but the State of New Jersey shall be entitled to become a participant in the said project and acquire a |