New Jersey § 58:1a-4

§ 58:1a-4.

a. Upon a finding by the commissioner that there exists or impends a water supply

shortage of a dimension which endangers the public health, safety, or welfare in all

or any part of the State, the Governor is authorized to proclaim by executive order

a state of water emergency. The Governor may limit the applicability of any state of emergency to specific categories

of water supplies or to specific areas of the State in which a shortage exists or

impends. b. The department shall, within 180 days of the effective date of this act, adopt

an Emergency Water Supply Allocation Plan as a rule and regulation. This plan shall be utilized as the basis for imposing water usage restrictions during

a declared state of water emergency and shall include a priority system for the order

in which restrictions would be imposed upon the various categories of water usage. c. During the duration of a state of water emergency the commissioner, to the extent

not in conflict with applicable Federal law or regulation but notwithstanding any

State or local law or contractual agreement, shall be empowered to: (1) Order any person to reduce by a specified amount the use of any water supply;

to make use of an alternate water supply where possible; to make emergency interconnections

between systems; to transfer water from any public or private system; or to cease

the use of any water supply; (2) Order any person engaged in the distribution of any water supply to reduce or

increase by a specified amount or to cease the distribution of that water supply;

to distribute a specified amount of water to certain users as specified by the commissioner;

or to share any water supply with other distributors thereof; (3) Establish priorities for the distribution of any water supply; (4) Adopt rules and regulations as are necessary and proper to carry out the purposes

of this section; and (5) Direct any person engaged in the retail distribution of water to impose and collect

a surcharge on the cost of that water as a penalty for the violation of any order

to reduce water usage issued pursuant to this subsection. The disposition of all sums collected pursuant to this subsection shall be as provided

by law; and (6) Otherwise implement the Emergency Water Supply Allocation Plan adopted pursuant

to subsection b. of this section. Any order issued by the commissioner pursuant to this subsection shall be based upon

fair compensation, reasonable rate relief and just and equitable terms, to be determined

after notice and hearing which may occur subsequent to the order and compliance therewith. d. During the existence of a state of water emergency, the Governor may order the

suspension of any laws, rules, regulations, or orders of any department or agency

in State Government or within any political subdivision which deal with or affect

water and which impede his ability to alleviate or terminate a state of water emergency. e. Any aggrieved person, upon application to the commissioner, shall be granted a

review of whether the continuance of any order issued by the commissioner pursuant

to this section is unreasonable in light of then prevailing conditions of emergency. f. During a state of water emergency the commissioner may require any other department

or other agency within State Government to provide information, assistance, resources,

and personnel as shall be necessary to discharge his functions and responsibilities

under this act, rules and regulations adopted hereunder, or applicable Federal laws

and regulations. g. The powers granted to the Governor and the commissioner under this section shall

be in addition to and not in limitation of any emergency powers now or hereafter vested

in the Governor, the commissioner, or any other State department or agency pursuant

to any other laws; except that, upon declaring a state of energy emergency, the Governor

may supersede any other emergency powers. h. The state of water emergency declared by the Governor pursuant to this section

shall remain in effect until the Governor declares by a subsequent executive order

that the state of water emergency has terminated.