[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.


0
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