Page:United States Statutes at Large Volume 84 Part 2.djvu/187

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[84 STAT. 1517]
PUBLIC LAW 91-000—MMMM. DD, 1970
[84 STAT. 1517]

84 STAT. ]

PUBLIC LAW 91-575-DEC. 24, 1970

po\vers, luid duties in the planning, conservation, development, manao-enient, or control of water resources. The sponsors of those projects are not required to obtain a permit or other form of permission to proceed with construction or implementation, unless it is determined by the commission or by the agency of a signatory party that such project or projects may cause an adverse, adverse cumulative, or an interstate elfect on water resources of the basin, and the project sponsor has been notified in writing by the commission or by the agency of a signatory party that commission approval is required. (ii) Projects which are classified by the commission as not requiring its review and approval, for so long as they are so classified. "4. The commission shall approve a project if it determines that the project is not detrimental to the proper conservation, development, management, or control of the water resources of the basin and may modify and approve as modified, or may disapprove the project, if it determines that the project is not in the best interest of the conservation, development, management, or control of the basin's water I'esources, or is in conflict with the comprehensive plan. "5. The commission, after consultation with the appropriate offices or agencies of the signatory parties shall establish the procedure of submission, review, and consideration of projects. And procedure for review and approval of diversions of water shall include public hearing on due notice given, with opportunity for interested persons, agencies, governmental units, and signatory parties to be heard and to present evidence. A complete transcript of the proceedings at the hearing shall be made and preserved, and it shall be made available under rules for that purpose adopted by the commission. "6. Any determination of the commission pursuant to this article or any article of the compact providing for judicial review shall be subject to such judicial review m any court of competent jurisdiction, provided that an action or proceeding for such review is commenced within 90 days from the effective date of the determination sought to be reviewed; but a determination of the commission concerning a diversion, under Section 3.10-2(ii) with the claimed effect of reducing below a proper minimum the flow of water in that portion of the basin within the area of a signatory party, shall be subject to judicial review under the particular provisions of paragraph 7 below.

  • '7. Any signatory party deeming itself aggrieved by an action of

the commission concerning a diversion under Section 3.10-2(ii) with the claimed effect of reducing below a proper minimum the flow of water in that portion of the basin which lies within the area of that signatory party, and notwithstanding the powers provided to the commission by this compact, may have review of commission action approving the diversion in the Supreme Court of the United States; provided that a proceeding for such review is commenced within one year from the date of action sought to be reviewed. Any such review shall be on the record made before the commission. The action of the commission shall be affirmed, unless the court finds that it is not supported by substantial evidence. "3.11—ADVISORY COMMITTEES. The commission may constitute and empower advisory committees. "ARTICLE 4 "WATER SUPPLY

The commission shall have power to develop, implement, and effectuate plans and projects for the use of "SECTION 4.1—GENERALLY.

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