[Federal Register Volume 76, Number 37 (Thursday, February 24, 2011)]
[Rules and Regulations]
[Pages 10233-10234]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-3969]
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DELAWARE RIVER BASIN COMMISSION
18 CFR Part 420
Schedule of Water Charges
AGENCY: Delaware River Basin Commission.
ACTION: Final rule.
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SUMMARY: By Resolution No. 2010-9 on September 15, 2010, the Delaware
River Basin Commission (DRBC or ``Commission'') approved amendments to
its Administrative Manual, Part III, Basin Regulations--Water Supply
Charges. Accordingly, the Commission's water charging rates for
consumptive use and non-consumptive use, as codified, are hereby
amended.
DATES: Applicability date: This rule is applicable beginning January 1,
2011, to first quarter 2011 payments due by April 30, 2011. Effective
Date: February 24, 2011.
FOR FURTHER INFORMATION CONTACT: For questions about the water charging
program, please contact Ms. Amy Shallcross at 609-477-7201.
SUPPLEMENTARY INFORMATION: The Delaware River Basin Commission is a
state and federal compact agency charged with managing the water
resources of the Delaware River Basin without regard to political
boundaries. Its members are the governors of the four basin states--
Delaware, New Jersey, New York, and Pennsylvania--and the North
Atlantic Division Commander of the U.S. Army Corps of Engineers,
representing the President of the United States and all Federal
agencies.
In order to fund certain water supply storage facility projects in
the Basin, the Commission between 1964 and 1974 established a system of
water supply charges consistent with section 3.7 of the Delaware River
Basin Compact. DRBC Resolution No. 71-4 established a schedule of rates
for water withdrawals and provided that ``the charges for water
supplied will include all costs associated with making basin water
supply available and maintaining its continued availability in adequate
quantity and quality over time.'' Res. No. 71-4, Apr. 7, 1971, par.
A.2. Revenues from the sale of water in accordance with the rule are
placed in a ``Water Supply Storage Facilities Fund,'' from which
payments are made to meet the annual cost of the Commission's water
storage projects--including ``debt service, operation, maintenance,
replacement, reserves and associated administrative costs.'' Id., par.
A.2.b. The schedule of water charges in effect from 1978 through 2010
was established by Resolution No. 78-14 in October of 1978, based on
the unit cost of water storage owned by the Commission in the Federal
government's Beltzville and Blue Marsh reservoirs. The rates
established in 1978--$60 per million gallons for consumptive use and
$.60 per million for non-consumptive use--remained unchanged for over
30 years.
Notice of the proposed amendments appeared in the Federal Register
on February 19, 2010 (75 FR 7411), as well as in the Delaware Register
of Regulations on March 1, 2010 (13 DE Reg. 1144), the New Jersey
Register on March 15, 2010 (42 N.J.R. 667(a)), the New York State
Register on March 3, 2010 (p. 5) and the Pennsylvania Bulletin on March
6, 2010 (40 Pa. B.
[[Page 10234]]
1201). The February-March 2010 proposal called for a two-stage
increase. The consumptive use rate was proposed to increase from $60 to
$90 per million gallons, effective January 1, 2011, and from $90 to
$120 per million gallons, effective January 1, 2012; and the non-
consumptive use rate was proposed to increase from $.60 to $.90 per
million gallons, effective January 1, 2011, and from $.90 to $1.20 per
million gallons, effective January 1, 2012. A public hearing on the
proposed rate increases was held on April 13, 2010 and written comments
were accepted through April 16, 2010.
On September 15, 2010, the Commission approved a single-stage
increase of $20 per million gallons in the consumptive use rate and
$.20 per million gallons in the non-consumptive use rate. Accordingly,
effective January 1, 2011, the Commission's water charging rates are
$80 per million gallons for consumptive use and $.80 per million
gallons for non-consumptive use. No change to the list of uses exempt
from charges was proposed or adopted. The Commission also authorized
the Executive Director to establish a Water Charges Advisory Committee
and to identify and develop proposals for studies to address issues
affecting water charges. A comment and response document setting forth
the Commission's responses in detail was approved by the Commission
simultaneously with adoption of the final rule.
Resolution No. 2010-9, the text of the final rule, and a copy of
the comment and response document are available on the Commission's Web
site, drbc.net.
List of Subjects in 18 CFR Part 420
Incorporation by reference, Water resources, Water reservoirs,
Water supply, Watersheds.
For the reasons set forth in the preamble, the Delaware River Basin
Commission amends 18 CFR part 420 as follows:
PART 420--BASIN REGULATIONS--WATER SUPPLY CHARGES
0
1. The authority citation for part 420 continues to read as follows:
Authority: Delaware River Basin Compact, 75 Stat. 688.
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2. Amend Sec. 420.41 by revising paragraphs (a) and (b) to read as
follows:
Sec. 420.41 Schedule of water charges.
* * * * *
(a) $80 per million gallons for consumptive use; and
(b) $.80 per million gallons for nonconsumptive use.
Dated: February 16, 2011.
Pamela M. Bush,
Commission Secretary and Assistant General Counsel.
[FR Doc. 2011-3969 Filed 2-23-11; 8:45 am]
BILLING CODE 6360-01-P