Pennsylvania Act 1957-292 — CONCERNING CONSTRUCTION OF DAMS ACROSS THE DELAWARE RIVER

Act text

CONCERNING CONSTRUCTION OF DAMS ACROSS THE DELAWARE RIVER
                  Act of Jul. 5, 1957, P.L. 519, No. 292              Cl. 32
                                  AN ACT

     Concerning the construction and maintenance of one or more dams
        and reservoirs across the Delaware River; revoking in part
        upon the concurrence of the State of New Jersey, Paragraph
        First of the Compact of April 26, 1783, between the State of
        New Jersey and the Commonwealth of Pennsylvania; authorizing
        the General Assembly of the Commonwealth of Pennsylvania,
        subject to the consent of the State of New Jersey and
        Congress of the United States, to determine the location,
        size and construction of said dams or reservoirs; providing
        that diversion shall be subject to the decree of the Supreme
        Court of the United States or to a Compact between the State
        of New Jersey and the Commonwealth of Pennsylvania;
        authorizing the acquisition of land by purchase or by the
        exercise of the power of eminent domain; authorizing the
        Governor to apply to the Congress for consent and approval of
        this agreement upon the concurrence of the State of New
        Jersey; and repealing Act of June 30, 1955.

        Whereas, on June 30, 1955, the Governor of the Commonwealth
     of Pennsylvania approved Act No. 69 of the Public Laws which
     accepted the terms and conditions of Chapter 443 of the Public
     Laws of the State of New Jersey approved December 30, 1953,
     authorizing the construction by the Commonwealth of Pennsylvania
     of a dam across the Delaware River; and
        Whereas, on February 29, 1956, the United States Senate
     Committee on Public Works, 84th Congress, 2nd Session, adopted
     the following resolution:
        Resolved by the Committee on Public Works of the United
     States Senate, That the Board of Engineers for Rivers and
     Harbors, created under Section 3 of the River and Harbor Act,
     approved June 13, 1902, be, and is hereby, requested to review
     the report of the Chief of Engineers on the Delaware River, N.
     Y., N. J., and Pa., contained in House Document Numbered 179,
     Seventy-Third Congress, Second Session, and other reports, in
     connection with the pending comprehensive survey of said stream
     with a view to determining the feasibility of construction and
     operation of a reservoir on the Main Stem of the Delaware River
     above Delaware Water Gap near Wallpack Bend or Tocks Island, on
     a cooperative basis by the United States and the Commonwealth of
     Pennsylvania and the State of New Jersey, as an intergral unit
     of a comprehensive plan for the control and utilization of the
     water resources of the Delaware River in the interest of flood
     control, navigation, water supply, stream pollution abatement,
     recreation, control of the movement of salt water, electric
     power, and other purposes; and
        Whereas, the United States Army District Engineers have been
     making a survey of the Delaware River Watershed; and
        Whereas, the existing legislation of the Commonwealth of
     Pennsylvania is inadequate for the maximum development of the
     Delaware River and may hinder the action of the Congress of the
     United States in authorizing and providing for the development,
     control and utilization of the water resources of the Delaware
     River; and
        Whereas, the Commonwealth of Pennsylvania favors the maximum
     development, utilization and control of the water resources of
     the Delaware River by the construction of one or more dams and
     reservoirs in the interest of flood control, navigation, water
     supply, stream pollution abatement, recreation, control of the
     movement of salt water, electric power and other purposes
     therefor;

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Subject to the concurrence of the State of New
     Jersey, Paragraph First of the Compact of April 26, 1783,
     between the State of New Jersey and the Commonwealth of
     Pennsylvania and ratified by the New Jersey act of May 27, 1783,
     (P.L.1783, Chapter XX. 2nd Sitting) and by the Pennsylvania act
     of September 20, 1783, (2 Smith's Laws 77), is hereby revoked in
     so far as it would prevent the Commonwealth of Pennsylvania, the
     State of New Jersey and the Government of the United States or
     any commission or other body or agency, singly or collectively,
     designated by the Legislature of said Commonwealth to construct
     and maintain one or more dams and reservoirs across the Delaware
     River.
        Section 2.  The location, size and construction of the dam or
     dams, and reservoir or reservoirs to be constructed pursuant to
     this act is to be determined by the General Assembly of the
     Commonwealth of Pennsylvania, subject to the concurrence of the
     State of New Jersey and subject to the concurrence of the
     Congress of the United States if the Federal government or one
     or more of its departments or agencies participates in the
     construction or financing of said dam or dams and reservoir or
     reservoirs.
        Section 3.  This act shall not be construed as a consent by
     the Commonwealth of Pennsylvania to the diversion by the State
     of New Jersey of any specific volume of water from said dam or
     dams and reservoir or reservoirs. Any diversion by the State of
     New Jersey or the Commonwealth of Pennsylvania shall be subject
     to restrictions or conditions that may be imposed by decree of
     the Supreme Court of the United States, or restrictions or
     conditions arrived at by Compact between the Commonwealth of
     Pennsylvania and the State of New Jersey.
        Section 4.  In connection with the construction of any such
     dam or dams and reservoir or reservoirs, real property in
     Pennsylvania may be acquired by purchase or may be taken by the
     exercise of the power or eminent domain. In concurring in this
     legislation, the State of New Jersey shall authorize the
     acquisition of land in New Jersey by purchase and by the
     exercise of the power of eminent domain.
        Section 5.  This act shall become operative when the State of
     New Jersey shall, prior to July 1, 1959, by Statute, accept the
     terms and conditions of this act and shall concur in the
     revocation of the Compact of April 26, 1783, to the extent
     provided herein. Upon the concurrence of the State of New
     Jersey, the act of June 30, 1955 (P.L.216), will be repealed.
        Section 6.  This act shall become effective immediately.