[104th Congress Public Law 126]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ126.104]
[[Page 883]]
VERMONT-NEW HAMPSHIRE INTERSTATE PUBLIC WATER SUPPLY COMPACT
[[Page 110 STAT. 884]]
Public Law 104-126
104th Congress
Joint Resolution
Granting the consent of Congress to the Vermont-New Hampshire Interstate
Public Water Supply Compact. <<NOTE: Apr. 1, 1996 - [S.J. Res. 38]>>
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. CONGRESSIONAL CONSENT.
The Congress consents to the Vermont-New Hampshire Interstate Public
Water Supply Compact entered into between the States of Vermont and New
Hampshire. The compact reads substantially as follows:
``Vermont-New Hampshire Interstate Public Water Supply Compact
``ARTICLE I
``general provisions
``(a) Statement of Policy.--It is recognized that in certain cases
municipalities in Vermont and New Hampshire may, in order to avoid
duplication of cost and effort, and in order to take advantage of
economies of scale, find it necessary or advisable to enter into
agreements whereby joint public water supply facilities are erected and
maintained. The States of Vermont and New Hampshire recognize the value
of and need for such agreements, and adopt this compact in order to
authorize their establishment.
``(b) Requirement of Congressional Approval.--This compact shall not
become effective until approved by the United States Congress.
``(c) Definitions.--
``(1) The term `public water supply facilities' shall mean
publicly owned water supply sources, storage, treatment,
transmission and distribution facilities, and ancillary
facilities regardless of whether or not the same qualify for
Federal or State construction grants-in-aid.
``(2) The term `municipalities' shall mean cities, towns,
village districts, or other incorporated units of local
government possessing authority to construct, maintain, and
operate public water supply facilities and to raise revenue
therefore by bonding and taxation, which may legally impose and
collect user charges and impose and enforce regulatory control
upon users of public water supply facilities.
``(3) The term `water supply agency' shall mean the agencies
within Vermont and New Hampshire possessing regulating
[[Page 110 STAT. 885]]
authority over the construction, maintenance, and operation of
public water supply facilities and the administration of grants-
in-aid from their respective State for the construction of such
facilities.
``(4) the term `governing body' shall mean the legislative
body of the municipality, including, in the case of a town, the
selectmen or town meeting, and, in the case of a city, the city
council, or the board of mayor and aldermen or any similar body
in any community not inconsistent with the intent of this
definition.
``ARTICLE II
``procedures and conditions governing intergovernmental agreements
``(a) Cooperative Agreements Authorized.--Any two or more
municipalities, one or more located in New Hampshire and one or more
located in Vermont, may enter into cooperative agreements for the
construction, maintenance, and operation of public water supply
facilities serving all the municipalities who are parties thereto.
``(b) Approval of Agreements.--Any agreement entered into under this
compact shall, prior to becoming effective, be approved by the water
supply agency of each State, and shall be in a form established jointly
by said agencies of both States.
``(c) Method of Adopting Agreements.--Agreements shall be adopted by
the governing body of each municipality in accordance with statutory
procedures for the adoption of interlocal agreements between
municipalities within each State; provided, that before a Vermont
municipality may enter into such agreement, the proposed agreement shall
be approved by the voters.
``(d) Review and Approval of Plans.--The water supply agency of the
State in which any part of a public water supply facility which is
proposed under an agreement pursuant to this compact is proposed to be
or is located, is hereby authorized and required, to the extent such
authority exists under its State law, to review and approve or
disapprove all reports, designs, plans, and other engineering documents
required to apply for Federal grants-in-aid or grants-in-aid from said
agency's State, and to supervise and regulate the planning, design,
construction, maintenance, and operation of said part of the facility.
``(e) Federal Grants and Financing.--(1) Application for Federal
grants-in-aid for the planning, design, and construction of public water
supply facilities other than distribution facilities shall be made
jointly by the agreeing municipalities, with the amount of the grant
attributable to each State's allotment to be based upon the relative
total capacity reserves allocated to the municipalities in the
respective States determined jointly by the respective State water
supply agencies. Each municipality shall be responsible for applying for
Federal and State grants for distribution facilities to be located
within the municipal boundaries.
``(2) Municipalities are hereby authorized to raise and appropriate
revenue for the purpose of contributing pro rata to the planning,
design, and construction cost of public water supply facilities
constructed and operated as joint facilities pursuant to this compact.
[[Page 110 STAT. 886]]
``(f) Contents of Agreements.--Agreements entered into pursuant to
this compact shall contain at least the following:
``(1) A system of charges for users of the joint public
water supply facilities.
``(2) A uniform set of standards for users of the joint
public water supply facilities.
``(3) A provision for the pro rata sharing of operating and
maintenance costs based upon the ratio of actual usage as
measured by devices installed to gauge such usage with
reasonable accuracy.
``(4) A provision establishing a procedure for the
arbitration and resolution of disputes.
``(5) A provision establishing a procedure for the carriage
of liability insurance, if such insurance is necessary under the
laws of either State.
``(6) A provision establishing a procedure for the
modification of the agreement.
``(7) A provision establishing a procedure for the adoption
of regulations for the use, operation, and maintenance of the
public water supply facilities.
``(8) A provision setting forth the means by which the
municipality that does not own the joint public water supply
facility will pay the other municipality its share of the
maintenance and operating costs of said facility.
``(g) Applicability of State Laws.--Cooperative agreements entered
into by municipalities under this compact shall be consistent with, and
shall not supersede, the laws of the State in which each municipality is
located. Notwithstanding any provision of this compact, actions taken by
a municipality pursuant to this compact, or pursuant to an agreement
entered into under this compact, including the incurring of obligations
or the raising and appropriating of revenue, shall be valid only if
taken in accordance with the laws of the State in which such
municipality is located.
``construction
``Nothing in this compact shall be construed to authorize the
establishment of interstate districts, authorities, or any other new
governmental or quasi-governmental entity.
``ARTICLE III
``effective date
``This compact shall become effective when ratified by the States of
Vermont and New Hampshire and approved by the United States Congress.''.
SEC. 2. RIGHT TO ALTER, AMEND, OR REPEAL.
The right to alter, amend, or repeal this joint resolution is hereby
expressly reserved. The consent granted by this joint resolution shall
not be construed as impairing or in any manner affecting any right or
jurisdiction of the United States in and over the region which forms the
subject of the compact.
SEC. 3. CONSTRUCTION AND SEVERABILITY.
It is intended that the provisions of this compact shall be
reasonably and liberally construed to effectuate the purposes thereof.
If any part or application of this compact, or legislation
[[Page 110 STAT. 887]]
enabling the compact, is held invalid, the remainder of the compact or
its application to other situations or persons shall not be affected.
SEC. 4. INCONSISTENCY OF LANGUAGE.
The validity of this compact shall not be affected by any
insubstantial difference in its form or language as adopted by the two
States.
Approved April 1, 1996.
LEGISLATIVE HISTORY--S.J. Res. 38 (H.J. Res. 129):
---------------------------------------------------------------------------
HOUSE REPORTS: No. 104-485 accompanying H.J. Res. 129 (Comm. on the
Judiciary).
CONGRESSIONAL RECORD:
Vol. 141 (1995):
Dec. 18, considered and passed
Senate.
Vol. 142 (1996):
Mar. 19, H.J. Res. 129 and S.J. Res.
38 considered and passed House.
<all>