New Jersey § 32:11d-16

§ 32:11d-16.

The commission shall have the power from time to time as need appears, in accordance

with the doctrine of equitable apportionment, to allocate the waters of the basin

to and among the States signatory to this compact and to and among their respective

political subdivisions, and to impose conditions, obligations and release requirements

related thereto, subject to the following limitations: (a) The commission, without the unanimous consent of the parties to the United States

Supreme Court decree in New Jersey v. New York, 347 U.S. 995 (1954) , shall not impair, diminish or otherwise adversely affect the diversions, compensating

releases, rights, conditions, obligations, and provisions for the administration thereof

as provided in said decree; provided, however, that after consultation with the river

master under said decree the commission may find and declare a state of emergency

resulting from a drought or catastrophe and it may thereupon by unanimous consent

of its members authorize and direct an increase or decrease in any allocation or diversion

permitted or releases required by the decree, in such manner and for such limited

time as may be necessary to meet such an emergency condition. (b) No allocation of waters hereafter made pursuant to this section shall constitute

a prior appropriation of the waters of the basin or confer any superiority of right

in respect to the use of those waters, nor shall any such action be deemed to constitute

an apportionment of the waters of the basin among the parties hereto; provided that

this paragraph shall not be deemed to limit or restrict the power of the commission

to enter into covenants with respect to water supply, with a duration not exceeding

the life of this compact, as it may deem necessary for the benefit or development

of the water resources of the basin. (c) Any proper party deeming itself aggrieved by action of the commission with respect

to an out-of-basin diversion or compensating releases in connection therewith, notwithstanding

the powers delegated to the commission by this compact may invoke the original jurisdiction

of the United States Supreme Court within 1 year after such action for an adjudication

and determination thereof de novo. Any other action of the commission pursuant to this section shall be subject to

judicial review in any court of competent jurisdiction.