Pennsylvania Act 1959-337 — "BRANDYWINE RIVER VALLEY COMPACT"

Act text

"BRANDYWINE RIVER VALLEY COMPACT"
                  Act of Sep. 9, 1959, P.L. 848, No. 337              Cl. 32
                                  AN ACT

     Authorizing a compact between the Commonwealth of Pennsylvania
        and the State of Delaware for the construction of a series of
        multipurpose dams and reservoirs on the Brandywine Creek and
        its tributaries and authorizing a diversion for the Borough
        of West Chester.

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

        The Governor is hereby authorized and directed to execute a
     compact on behalf of the Commonwealth of Pennsylvania and the
     State of Delaware in form substantially as follows:

                     BRANDYWINE RIVER VALLEY COMPACT

        The contracting states solemnly agree that:

                               ARTICLE  I.

        The purposes of this compact are through means of joint and
     cooperative action to promote the orderly development of the
     water resources of the Brandywine Valley for water supply,
     improvement of the quality of the water, flood prevention and
     control, watershed protection, low flow augmentation,
     conservation and recreation.

                               ARTICLE  II.

        This compact shall enter into force and become binding when
     it has been enacted by the State of Delaware.

                              ARTICLE  III.

        The Department of Forests and Waters of the Commonwealth of
     Pennsylvania is authorized:
        (a) To construct, operate and maintain a series of
     multipurpose dams and reservoirs on the Brandywine Creek and its
     tributaries.
        (b) To construct, operate and maintain State parks at one or
     more of the said dam sites.
        (c) To cooperate with the State of Delaware and the City of
     Wilmington with respect to the financing of the said dams and
     reservoirs and the low flow augmentation of the creek at the
     Delaware state line.
        (d) To cooperate with the residents, industries, counties and
     municipalities of southeastern Pennsylvania with respect to the
     financing of the aforesaid dams and reservoirs and the
     apportionment of waters.
        (e) To cooperate with and receive assistance from the United
     States government
        (f) To divert and supply to the Borough of West Chester,
     Pennsylvania, not more than six million gallons per day of water
     from the said dams and reservoirs upon the payment by the
     Borough of West Chester of its proportionate share of the costs
     of this project.
        (g) To maintain for the benefit of the City of Wilmington and
     the State of Delaware, upon the payment of a proportionate share
     of the costs, a low flow augmentation of the Brandywine Creek.
        (h) To permit inspection of the operation of the dams and
     reservoirs by the State of Delaware, the City of Wilmington, the
     Borough of West Chester and the local interests in southeastern
     Pennsylvania and Delaware.

                               ARTICLE  IV.

        The Commonwealth of Pennsylvania and the State of Delaware
     agree to reconsider the needs of the City of Wilmington and of
     the local interests in southeastern Pennsylvania for changes in
     the apportionment of waters in order to provide equitably for
     all users whenever changing conditions or population, land use,
     water supply or other factors make such changes necessary or
     desirable.

                               ARTICLE  V.

        It is intended that the provisions of this compact shall be
     reasonably and liberally construed to effectuate the purposes
     thereof.