On January 16, Rep. Cris Dush (R-Jefferson) announced plans to introduce legislation to terminate the Susquehanna and Delaware River Basin Compacts.

The legislation would require the Governor to negotiate with the parties to the compacts to seek either an early termination of the compacts themselves or allow for the withdrawal of Pennsylvania as a party.

If no agreement on termination or Pennsylvania’s withdraw is reached in five years, the Governor would be required to give notice it is the Commonwealth’s intention to terminate its participation at the end of the initial term.

Click Here for the Delaware Compact announcement.  Click Here for the Susquehanna Compact announcement.

Rep. Dush has announced his retirement at the end of his current term.

Background - Delaware

The Delaware River Basin Compact was enacted in 1961 with an initial term of 100 years after being adopted by each state legislature and Congress. 

It created the interstate Delaware River Basin Commission made up of representatives of the states of Delaware, New Jersey, New York and Pennsylvania and the federal government to manage the Delaware River without regard to political boundaries.

Gov. Wolf represents Pennsylvania on the Commission.

Republicans in the House and Senate have an ongoing concern about a proposed ban on fracking being considered by the Delaware River Basin Commission and have pushed through legislation and hearings for landowners with gas rights to be compensated for those rights if the ban is adopted. 

The cost of reimbursement could be from $10 billion to $30.4 billion. House Bill 827 (Fritz-R-Wayne) is now on the House Calendar for action.  Senate Bill 305 is in the Senate Appropriations Committee.   Click Here for more- House.  Click Here for more- Senate.

Republican members of the Senate have also taken the extraordinary step of seeking to intervene in a federal court case on the side of Wayne County landowners opposing the DRBC moratorium on drilling unconventional gas wells.  Click Here for more.

Republicans in the General Assembly have cut funding for Pennsylvania’s share of the Commission’s expenses in half for the last several years.

For more information on programs, initiatives and upcoming events, visit the Delaware River Basin Commission website.  Click Here to sign up for regulator updates.  Follow DRBC on Twitter.  Visit them on YouTube.

Background - Susquehanna

The Susquehanna River Basin Compact was signed in 1970 and went into effect in 1971 with an initial term of 100 years after being adopted by each state legislature and Congress. 

It created the Susquehanna River Basin Commission made up of representatives of Maryland, New York, Pennsylvania and the federal government.   

Gov. Wolf represents Pennsylvania on the Commission.

The House State Government Committee, chaired at the time by Rep. Daryl Metcalfe (R-Butler), held several hearings on the alleged “regulatory overreach” by the Susquehanna River Basin Commission, in particular in its dealings with smaller municipalities seeking permits for water withdrawals.  Click Here for more.

House Republicans also objected to the fees charged by the Commission for their services, which are actually at a reduced rate compared to other entities, while at the same time they cut funding for Pennsylvania’s share of the Commission’s expenses in half for the last several years.

Republicans said the Commission duplicated responsibilities being implemented by the Department of Environmental Protection in regulating water withdrawals. 

A 2018 Auditor General’s report found neither the Delaware nor the Susquehanna River Basin Commissions duplicated efforts with DEP.  Click Here for more.

For more information on programs, training opportunities and upcoming events, visit the Susquehanna River Basin Commission website.  Click Here to sign up for SRBC’s newsletter.   Follow SRBC on Twitter, visit them on YouTube.

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[Posted: January 16, 2020]

1/20/2020