Current through Register Vol. 46, No. 39, September 25, 2024
(a)
Contracts. The commission will require contracts, which may be negotiated at
any time, for the use, withdrawal, or diversion of any surface water of the
basin taken after the effective date of the rates and charges required by these
regulations. Each of such contracts shall include:
(1) An undertaking by the contracting party
to pay for water used, withdrawn, or diverted, in accordance with the rates and
charges established by the commission pursuant to these regulations.
(2) Provision for a minimum annual payment
under the contract, in accordance with an estimated annual demand schedule,
regardless of use, withdrawal, or diversion.
(3) Such other and different terms and
conditions with respect to the availability of the supply, its quantity and
quality, its management and control, and the powers and duties and obligations
of the parties, as may be negotiated.
(b) Rates and charges. Rates and charges for
water supplied will include all costs associated with making the basin water
supply available and maintaining its continued availability in adequate
quantity and quality over time. Rates will be determined as follows:
(1) The commission will use the
weighted-average unit cost of all water stored by or on behalf of the
commission. The unit cost of water will be determined by dividing all of the
commission's annual project cost by the net yield of the water supply in
Federal reservoirs authorized in the Commission's Comprehensive Plan. Costs,
rates, and charges will be recomputed whenever new or additional storage is
provided and as often as necessary to reflect relevant changes in any cost
components associated with sustaining specified base flows.
(2) The commission will collect sufficient
annual revenue to meet all of its annual project costs, including debt service,
operation, maintenance, replacement, reserves, and associated administrative
costs. The minimum charge to specified users will be for the amount of water
specified in an estimated demand schedule according to a contractual agreement.
The maximum charge to these users will be for the amount of water they actually
use, withdraw, or divert. Revenue not collected from specific users of water
supply will be collected for the states in which general benefits of water
supply occur.
(3) The commission
will compute an annual adjusted rate in the form of a rebate to each
contracting party of a pro rata distribution of the net annual revenues of the
commission in excess of the amounts required under paragraph (1) of this
subdivision, provided that no such rebate will be made with respect to revenues
received by the commission on account of consumptive uses and exportations out
of the basin, and provided further that no rebates will be made until there are
no further annual costs allocated to the signatory states as general
beneficiaries.
(4) The commission
may make reasonable estimates of the components of combined withdrawals where
separate water accounting is not feasible, such as for combination of
exportations and in-basin use and consumptive and non-consumptive uses, and for
municipal systems.
(5) The
commission may exempt or classify such non-consumptive uses of surface flows as
it may determine to have no substantial effect on the water resources of the
basin. It may also provide for a reduced rate structure with respect to water
used for cooling purposes which is returned to a stream otherwise unimpaired in
quantity and quality. The commission may also classify rates and charges for
consumptive uses and out-of-basin exportations of surface waters to include a
surcharge to reflect any costs or adverse effects of such uses which are
greater in kind or degree than those associated with other water
uses.
(6) The rates and charges for
increased in-stream evaporative losses resulting from heated discharges will be
the same as those for a consumptive use.
(c) Special projects. Charges for water
supply from projects constructed pursuant to contractual arrangements between
the commission and local public agencies in advance of the time when the
project is scheduled by the commission in accordance with section
890.16 of this Part will be at
rates sufficient to provide the total annual debt service and other obligations
incurred by the commission for such project, until such time as the project
qualifies for commission scheduling under the provisions of section
890.16 of this Part.
(d) Sanctions for unauthorized use of water.
The commission will provide by regulation for the imposition of sanctions for
any unauthorized use, withdrawal, or diversion of surface waters of the basin
and for the assessment and collection of the value thereof.
(e) Effective date of rates and charges.
Rates and charges required by section
890.19(b) of this
Part shall apply to all surface waters of the basin used, withdrawn, or
diverted by any person, corporation or other entity, public or private, on and
after the date of the first impoundment of water for water supply purposes at
the Beltzville Reservoir, except that there shall be no charge to a person,
corporation or other entity for water used, withdrawn, or diverted at a monthly
volume which is not greater than the average monthly volume taken or legally
entitled to be taken by such person, corporation, or other entity during the 12
completed calendar months next preceding the effective date of these
regulations. (The effective date of charges was established by Resolution No.
74-6, adopted May 22, 1974.)
(f)
Legal entitlement. "Legally entitled to be taken" refers to water taken under
the following conditions:
(1) A valid and
subsisting permit, issued under the authority of one of the signatory
parties.
(2) Physical facilities in
being and operable as required for such taking.
(3) A beneficial use throughout the year for
the waters taken.
(4) That such
takings are within the limits of the total allocable flow without
augmentation.
