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sectors in all matters relating to the (b) The Commission shall exercise water resources of the basin.

its regional jurisdiction in an effort to (1) The Federal Government will be avoid and minimize conflicts and duencouraged and asked to participate in plication of effort and shall: water resources projects and programs (1) Cooperate with and help coordihaving national or broad regional sig. nate Federal, State, local government, nificance. The Commission will act to and private sector efforts in all matencourage local initiative to solve ters relating to the planning, conservawater resources problems within a tion, preservation, use, development, local and regional context, but when management and control of the water faced with obviously needed action resources of the basin. that is not forthcoming from other (2) Develop administrative agreesources will act, in accordance with ments, as needed, with appropriate the Compact, on its own.

agencies of the signatories and other (2) The Compact provides authority

agencies to facilitate achievement of for the Commission to serve in a regu

the Commission's objectives and relatlatory capacity and also to act as a

ed responsibilities of other agencies by managing and operating agency. The

minimizing duplication of effort and Commission will exercise its regula

maximizing the contributions the retory authority mainly in interstate

spective agencies are best able to matters or where signatory authority

make. is not being effectively exercised or

(3) Build upon present water rewhere the signatory has little or no

sources planning and related activities

of the signatory parties, local governauthority to act. Similarly, the Com

ment, other public bodies, and the primission may manage and operate various facilities if it is determined that

vate sector and fully consider their this is an area in which an important

recommendations and suggestions.

(4) Establish advisory committees as and necessary service can be rendered. (3) Should it become necessary for

needed for specific assignments and the Commission to undertake develop

seek meaningful liaison with sources

of technical and scientific expertise. ment, management and operation of

(5) Share with interested parties reprojects, arrangements for repayment

sults of investigations, studies, tests, of all project costs and eventual oper

and research undertaken by the Comation and maintenance costs will be

mission in an appropriate manner and appropriately prorated among the sig.

form. natories or otherwise financed in ac

(6) Conduct its regular meetings ancordance with the Compact.

nounced in advance and open to the (4) The Commission will utilize the

public. functions, powers, and duties of the

(7) Depend upon existing public and existing offices and agencies of gov.

private agencies for the construction, ernment to the extent consistent with

operation, and maintenance of prothe Compact.

jects except when the project is neces(5) In its actions the Commission

sary to further the comprehensive will maintain a high level of public plan and the responsible agency does visibility. Broad government, public, not act or when the Commission is and private sector commentary on asked to act by one or more signatorCommission proposals and findings ies, one or more local governments, or will be invited, and to the extent possi- other responsible entities. ble be incorporated and reflected in (8) Require that the planning of prodecisions for finalization of plans, pro- jects affecting the water resources of jects, and programs having significant the basin by Federal, State, local ageneffect on the water resources of the cies and private organizations be unbasin. A concerted effort will be made dertaken in coordination with the to keep the Commission and its activi. Commission and in accordance with ties readily available to government the Compact. and public scrutiny, and responsive to (9) Require that periodic reports of their concerns.

projects affecting water resources

within the basin and listings of dis- impose related conditions, obligations, charge permits granted, and similar and release requirements. activities undertaken by offices or (2) Determine if a proposed allocaagencies of the signatory parties, be tion, withdrawal or diversion is in consubmitted to the Commission.

flict with or will significantly affect

the comprehensive plan, and assure 8 801.3 Allocations, diversions, withdraw. existing immediate and projected long als and release.

term local and regional uses are pro(a) The extremes in availability of tected. water in the basin means that water (3) Impose conditions, obligations will not always be available when and

and release requirements for dams where it is needed. One of the respon

and/or diversion structures to protect sibilities of the Commission is to act prior local interests, downstream interupon requests for allocations, with ests, and environmental quality. drawals, or diversions of water for in (4) In the matter of drought, disastbasin or out-of-basin use. Water emer

ers or catastrophes, natural or mangencies may be expected to develop in

made, which cause actual and immedi. portions of the basin due to drought

ate shortage of available and usable conditions or other causes. The Com

water supply, determine and delineate mission will act promptly to effect al

the area of shortage and by unanileviation of the condition to the

mous vote declare a state of water

supply emergency therein, and impose extent posible.

direct controls on any and all alloca(b) The Commission will require evi

tions, diversions and uses of water to dence that proposed interbasin trans

meet the emergency condition. fers of water will not jeopardize,

(5) In water emergencies coordinate impair or limit the efficient develop

the efforts of Federal, State, local, and ment and management of the Susque

other persons and entities in dealing hanna River Basin's water resources,

with the emergency. or any aspects of these resources for

(6) Determine and delineate, after in-basin use, or have a significant un

public hearing, areas within the basin favorable impact on the resources of

wherein the demands upon supply the basin and the receiving waters of

made by water users have developed the Chesapeake Bay.

or threaten to develop to such a (c) The Commission may, in making

degree as to create a water shortage or decisions on allocations, diversions, impair or conflict with the comprehenwithdrawals, and releases, consider the sive plan. following principles among others:

(7) When areas in need of protection (1) That allocations, diversions, or from overdemand of safe yield of the withdrawals of water be based on the

supply have been delineated, declare common law principles of riparian such areas protected from further derights which entitles landholders in pletion, with the consent of the any watershed to draw upon the natu member or members from the affected ral stream flow in reasonable amounts State or States. and be entitled to the stream flow not (8) Require that no person divert or unreasonably diminished in quality or withdraw from any protected area quantity by upstream use or diversion water for domestic, municipal, agricul. of water; and on the maintenance of tural, or industrial uses in excess of the historic seasional variations of the such quantities as the Commission flows into Chesapeake Bay.

may prescribe by general regulation or (d) When the need arises for action pursuant to a permit granted heretoon requests for allocations, diversions, fore under the laws of any of the sigor withdrawals of water from either natory States. surface or ground waters of the basin the Commission shall:

$ 801.4 Project review. (1) Allocate waters of the basin to (a) The Compact provides generally and among the signatory States to the that no project affecting the water reCompact as the need appears, and sources of the basin shall be undertak

en by any person, governmental au (ii) When a proposed project does thority, or other entity prior to ap not fall under the review jurisdiction proval by the Commission.

of any agency of the signatory parties. (b) In many instances, one or more of the signatory parties will exercise

$ 801.5 Comprehensive plan. project review authority regarding (a) The Compact requires that the proposed projects in the basin coming Commission formulate and adopt a under the purview of the Commission. comprehensive plan for the immediate Accordingly the Commission will and long-range development and use direct its attention to reviewing the of the water resources of the basin. completeness and effectiveness of the (1) The plan will include existing review procedures of the signatories and proposed public and private proand will endeavor to minimize duplica grams, projects, and facilities which tion of staff effort, and time and cost are required, in the judgment of the to the applicant.

Commission, to meet present and (c) The Commission will establish future water resources needs of the exempt categories in accordance with

basin. Consideration shall be given to the section 3.10-3 of the Compact, and

the effect of the plan, or any part of for projects determined not to have a

the plan, on the receiving waters of substantial effect on the water re

the Chesapeake Bay. The Commission sources of the basin. In dealing with

shall consult with interested public Federal or federally licensed projects,

bodies and public utilities and fully

consider the findings and recommenthe Commission will take the provi

dations of the signatory parties, their sions of reservations (r) and (w) of

various subdivisions and interested United States Pub. L. 91-575 (84 Stat.

groups. Prior to adoption of the plan 1509) and provisions of the Compact

the Commission shall conduct at least into account.

one public hearing in each signatory (d) It is expected that project review

State. procedures will be modified following

(2) The plan will reflect consideraadoption of the comprehensive plan. tion, of the multiobjectives of national In the meantime the Commission will:

economy, regional development and (1) Base its review and comments

environmental quality; and multipurpertaining to proposed projects within

pose use of projects. the basin coming under the purview of (3) Water quantity and water quality the Commission, on review and com

planning will be studied together and ments of signatory parties. In general, correlated to the extent feasible, with the Commission review will seek to as existing and proposed land uses. The certain the completeness of proce development of a basinwide land use dures followed by the signatory par study to enable full consideration of ties in their review, and will refrain basic and alternative proposals to from specifically rechecking detailed meet water resources needs will be exevaluations. (Susquehanna River plored. Basin Commission Resolution No. 72 (4) An important phase of the plan

formulation process is a thorough (2) Require as it determines neces review and evaluation of the Susquesary, submission of pertinent project

hanna River Basin Coordinating Complans and documents for its independ mittee Study report, pertinent plans ent review and approval. The purpose

and reports of the signatories, includof this review will be to ascertain

ing water quality standards and other whether all relevant provisions of the

data available. The findings and recCompact and actions taken pursuant

ommendations presented in the Susthereto have been observed:

quehanna River Basin Coordinating

Committee Study report will be con(i) When the Commission has deter

sidered for incorporation in the Commined that a project may have signifi- mission's plan to the extent they are cant effect on the water resources of

feasible and compatible with the curthe basin.

rent and projected needs and interests.

5)

within the basin and listings of discharge permits granted, and similar activities undertaken by offices or agencies of the signatory parties, be submitted to the Commission.

§ 801.3 Allocations, diversions, withdraw.

als and release. (a) The extremes in availability of water in the basin means that water will not always be available when and where it is needed. One of the responsibilities of the Commission is to act upon requests for allocations, withdrawals, or diversions of water for inbasin or out-of-basin use. Water emergencies may be expected to develop in portions of the basin due to drought conditions or other causes. The Commission will act promptly to effect alleviation of the condition to the extent posible.

(b) The Commission will require evi. dence that proposed interbasin transfers of water will not jeopardize, impair or limit the efficient development and management of the Susquehanna River Basin's water resources, or any aspects of these resources for in-basin use, or have a significant unfavorable impact on the resources of the basin and the receiving waters of the Chesapeake Bay.

(c) The Commission may, in making decisions on allocations, diversions, withdrawals, and releases, consider the following principles among others:

(1) That allocations, diversions, or withdrawals of water be based on the common law principles of riparian rights which entitles landholders in any watershed to draw upon the natural stream flow in reasonable amounts and be entitled to the stream flow not unreasonably diminished in quality or quantity by upstream use or diversion of water; and on the maintenance of the historic seasional variations of the flows into Chesapeake Bay.

(d) When the need arises for action on requests for allocations, diversions, or withdrawals of water from either surface or ground waters of the basin the Commission shall:

(1) Allocate waters of the basin to and among the signatory States to the Compact as the need appears, and

impose related conditions, obligations, and release requirements.

(2) Determine if a proposed allocation, withdrawal or diversion is in conflict with or will significantly affect the comprehensive plan, and assure existing immediate and projected long term local and regional uses are protected.

(3) Impose conditions, obligations and release requirements for dams and/or diversion structures to protect prior local interests, downstream interests, and environmental quality.

(4) In the matter of drought, disasters or catastrophes, natural or manmade, which cause actual and immediate shortage of available and usable water supply, determine and delineate the area of shortage and by unanimous vote declare a state of water supply emergency therein, and impose direct controls on any and all allocations, diversions and uses of water to meet the emergency condition.

(5) In water emergencies coordinate the efforts of Federal, State, local, and other persons and entities in dealing with the emergency.

(6) Determine and delineate, after public hearing, areas within the basin wherein the demands upon supply made by water users have developed or threaten to develop to such a degree as to create a water shortage or impair or conflict with the comprehensive plan.

(7) When areas in need of protection from overdemand of safe yield of the supply have been delineated, declare such areas protected from further depletion, with the consent of the member or members from the affected State or States.

(8) Require that no person divert or withdraw from any protected area water for domestic, municipal, agricultural, or industrial uses in excess of such quantities as the Commission may prescribe by general regulation or pursuant to a permit granted heretofore under the laws of any of the signatory States.

$ 801.4 Project review.

(a) The Compact provides generally that no project affecting the water resources of the basin shall be undertak

(ii) When a proposed project does not fall under the review jurisdiction of any agency of the signatory parties.

en by any person, governmental authority, or other entity prior to approval by the Commission.

(b) In many instances, one or more of the signatory parties will exercise project review authority regarding proposed projects in the basin coming under the purview of the Commission. Accordingly the Commission will direct its attention to reviewing the completeness and effectiveness of the review procedures of the signatories and will endeavor to minimize duplication of staff effort, and time and cost to the applicant.

(c) The Commission will establish exempt categories in accordance with the section 3.10-3 of the Compact, and for projects determined not to have a substantial effect on the water resources of the basin. In dealing with Federal or federally licensed projects, the Commission will take the provisions of reservations (r) and (w) of United States Pub. L. 91-575 (84 Stat. 1509) and provisions of the Compact into account.

(d) It is expected that project review procedures will be modified following adoption of the comprehensive plan. In the meantime the Commission will:

(1) Base its review and comments pertaining to proposed projects within the basin coming under the purview of the Commission, on review and comments of signatory parties. In general, the Commission review will seek to ascertain the completeness of procedures followed by the signatory parties in their review, and will refrain from specifically rechecking detailed evaluations. (Susquehanna River Basin Commission Resolution No. 72

$ 801.5 Comprehensive plan.

(a) The Compact requires that the Commission formulate and adopt a comprehensive plan for the immediate and long-range development and use of the water resources of the basin.

(1) The plan will include existing and proposed public and private programs, projects, and facilities which are required, in the judgment of the Commission, to meet present and future water resources needs of the basin. Consideration shall be given to the effect of the plan, or any part of the plan, on the receiving waters of the Chesapeake Bay. The Commission shall consult with interested public bodies and public utilities and fully consider the findings and recommendations of the signatory parties, their various subdivisions and interested groups. Prior to adoption of the plan the Commission shall conduct at least one public hearing in each signatory State.

(2) The plan will reflect consideration, of the multiobjectives of national economy, regional development and environmental quality; and multipurpose use of projects.

(3) Water quantity and water quality planning will be studied together and correlated to the extent feasible, with existing and proposed land uses. The development of a basinwide land use study to enable full consideration of basic and alternative proposals to meet water resources needs will be explored.

(4) An important phase of the plan formulation process is a thorough review and evaluation of the Susquehanna River Basin Coordinating Committee Study report, pertinent plans and reports of the signatories, including water quality standards and other data available. The findings and recommendations presented in the Susquehanna River Basin Coordinating Committee Study report will be considered for incorporation in the Commission's plan to the extent they are feasible and compatible with the current and projected needs and interests.

5)

(2) Require as it determines necessary, submission of pertinent project plans and documents for its independent review and approval. The purpose of this review will be to ascertain whether all relevant provisions of the Compact and actions taken pursuant thereto have been observed:

(i) When the Commission has determined that a project may have significant effect on the water resources of the basin.

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