WHEELING CREEK WATERSHED COMPACT - RATIFICATION
                  Act of Aug. 2, 1967, P.L. 189, No. 61               Cl. 32
                                  AN ACT

     To ratify and adopt the Wheeling Creek Watershed Protection and
        Flood Prevention District Compact for the prevention of
        floods and the conservation, development, utilization and
        disposal of water within the Wheeling Creek watershed or
        subwatershed areas, and making the Commonwealth of
        Pennsylvania a party thereto; creating the "Wheeling Creek
        Watershed Protection and Flood Prevention Commission,"
        providing for the members of such commission from the
        Commonwealth of Pennsylvania; and providing for the carrying
        out of said compact. follows:

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  The following Wheeling Creek Watershed Protection
     and Flood Prevention District Compact, which has been negotiated
     by representatives of the Commonwealth of Pennsylvania and the
     State of West Virginia, is ratified, adopted, and entered into
     by the Commonwealth of Pennsylvania as a party thereto and
     signatory state:

                 WHEELING CREEK WATERSHED PROTECTION AND
                    FLOOD PREVENTION DISTRICT COMPACT
              ARTICLE I.  RECITATION OF REASONS FOR COMPACT

        Whereas, Wheeling Creek, a tributary of the Ohio River,
     arises in Pennsylvania, flows through Washington and Greene
     Counties of that Commonwealth, enters the State of West
     Virginia, flows through Marshall and Ohio Counties, West
     Virginia, and empties into the Ohio River at Wheeling, West
     Virginia; and
        Whereas, the inhabitants of Marshall and Ohio Counties, West
     Virginia, and also, but to a much lesser degree, the inhabitants
     of Washington and Greene Counties, Pennsylvania, living along
     Wheeling Creek have over the years experienced loss of life and
     property from flooding of that stream; and
        Whereas, surveys made by the Soil Conservation Service of the
     United States Department of Agriculture indicate that the
     inhabitants of the four counties named can best be protected
     from the flooding of Wheeling Creek by flood prevention dams
     constructed thereon with some of the dams being located on the
     upper reaches of the stream and its tributaries in the
     Commonwealth of Pennsylvania; and
        Whereas, the Federal Watershed Protection and Flood
     Prevention Act of 1954, as amended, authorizes, under certain
     circumstances, federal assistance to local organizations in
     preparing and carrying out undertakings for flood prevention and
     the conservation, development, utilization and disposal of water
     in watershed or subwatershed areas; and
        Whereas, no local organization within the meaning of the
     federal act aforesaid established by or organized under the laws
     of West Virginia is competent under state laws to acquire land
     for, construct, and operate with or without federal assistance
     flood prevention facilities in the Commonwealth of Pennsylvania,
     and it appears that no such local organization established by or
     organized under the laws of the Commonwealth of Pennsylvania can
     justify the expenditure of locally raised funds to construct and
     operate flood prevention facilities which will benefit primarily
     the inhabitants of the neighboring State of West Virginia; and
        Whereas, facilities erected on the upper reaches of Wheeling
     Creek and its tributaries for flood control and prevention can
     nevertheless have a recreational value for the citizens of both
     West Virginia and Pennsylvania and particularly the citizens of
     Ohio and Marshall Counties, West Virginia, and Washington and
     Greene Counties, Pennsylvania; accordingly, for purposes of
     promoting that potential, as well as providing a vehicle or
     means whereby federal assistance may be enlisted for the
     protection of citizens of her neighboring State of West Virginia
     from the flooding of Wheeling Creek, the Commonwealth of
     Pennsylvania joins with the State of West Virginia in
     negotiating and ratifying this Compact; now therefore,

             ARTICLE II.  WHEELING CREEK WATERSHED PROTECTION
                  AND FLOOD PREVENTION DISTRICT CREATED

        The Commonwealth of Pennsylvania and the State of West
     Virginia hereby create as an agency and instrumentality of the
     governments thereof a district to be known as the "Wheeling
     Creek Watershed Protection and Flood Prevention District,"
     hereinafter called the District, which shall embrace all
     territory in the Commonwealth of Pennsylvania and the State of
     West Virginia, the water in which flows ultimately into Wheeling
     Creek or its tributaries.

            ARTICLE III.  WHEELING CREEK WATERSHED PROTECTION
                 AND FLOOD PREVENTION COMMISSION CREATED

        The Commonwealth of Pennsylvania and the State of West
     Virginia hereby create as the governing body of the District
     the, "Wheeling Creek Watershed Protection and Flood Prevention
     Commission," hereinafter called the Commission, which shall be a
     body corporate, with the powers and duties set forth herein, and
     such additional powers as may be conferred upon it by subsequent
     concurrent action of the General Assembly of Pennsylvania and
     the Legislature of West Virginia or by act or acts of the
     Congress of the United States.

                  ARTICLE IV.  COMPOSITION OF COMMISSION

        The Commission shall consist of five commissioners from
     Pennsylvania and five commissioners from West Virginia, each of
     whom shall be a citizen of the commonwealth or state from which
     he is appointed. The commissioners from the commonwealth and
     from the state shall be chosen in the manner and for the terms
     provided by the laws of the commonwealth or state from which
     they shall be appointed, and any commissioner may be removed or
     suspended from office as provided by the law of the commonwealth
     or state from which he shall be appointed. Vacancies on the
     Commission shall be filled in the manner provided by the laws of
     the commonwealth or state among whose representation on the
     Commission the vacancy occurs.
        The commissioners shall serve without compensation from the
     Commission, but they shall be paid by the Commission their
     actual expenses incurred and incident to the performance of
     their duties.

                  ARTICLE V.  ORGANIZATION OF COMMISSION

        The Commission shall meet and organize within sixty days
     after the effective date of this Compact, shall elect from its
     number a chairman and vice chairman, and shall appoint, and at
     its pleasure remove or discharge, such officers and legal,
     clerical, expert and other assistants as may be required to
     carry the provisions of this Compact into effect, and shall
     determine their qualifications and fix their duties and
     compensation. It shall adopt a seal and suitable bylaws, and
     shall adopt and promulgate rules and regulations for its
     management and control. It may establish and maintain one or
     more offices within the District for the transaction of its
     business, and may meet at any time or place. The presence of
     three commissioners from the Commonwealth of Pennsylvania and
     three commissioners from the State of West Virginia shall
     constitute a quorum, and a majority vote of the quorum shall be
     necessary to pass upon matters before the Commission.

                      ARTICLE VI.  POWERS AND DUTIES

        The Commission is hereby authorized and empowered:
        (A)  To be and serve in the capacity of a local organization
     within the meaning of the Watershed Protection and Flood
     Prevention Act of the 83rd Congress of the United States, Second
     Session, (Public Law 566), approved August 4, 1954, as from time
     to time amended, and in that capacity the Commission shall have
     the following authority and powers:
        (1)  To apply for and receive federal financial and other
     assistance in preparing and carrying out plans for works of
     improvement as that term is defined in said federal act, as from
     time to time amended, hereinafter referred to as works of
     improvement, and to apply for and receive federal financial and
     other assistance under the aforementioned or other federal acts
     in preparing and carrying out plans for public fish and wildlife
     or recreational development in connection with works of
     improvement, including the construction and operation of all
     facilities which may be necessary or incident to such works of
     improvement and public fish and wildlife or recreational
     development in connection therewith.
        (2)  To acquire, or with respect to interests in land to be
     acquired by condemnation, provide assurances satisfactory to the
     Secretary of Agriculture of the United States or other agent or
     agency of the United States that the Commission will acquire
     such land, easements, or rights-of-way as will be needed in
     connection with works of improvement, and public fish and
     wildlife or recreational development and facilities in
     connection with works of improvement, installed with federal
     assistance.
        (3)  To agree to operate and maintain any reservoir or other
     area included in a plan for works of improvement or public fish
     and wildlife or recreational development and facilities.
        (4)  To assume all or such proportionate share, as is
     determined by the Secretary of Agriculture of the United States
     or other agent or agency of the United States, of the costs of
     installing any works of improvement, involving federal
     assistance, which is applicable to the agricultural phases of
     the conservation, development, utilization, and disposal of
     water or for fish and wildlife or recreational development and
     facilities or to purposes other than flood prevention and
     features relating thereto.
        (5)  To make arrangements satisfactory to the Secretary of
     Agriculture of the United States or other agent or agency of the
     United States for defraying costs of operating and maintaining
     works of improvement and public fish and wildlife or
     recreational development and facilities in connection with works
     of improvement; provided, that such arrangements shall be based
     solely upon contributions, allotments or commitments of funds to
     the District or Commission.
        (6)  To acquire, or provide assurance that landowners or
     water users have acquired, such water rights, pursuant to the
     law of the commonwealth or state applicable thereto, as may be
     needed in the installation and operation of the works of
     improvement and public fish and wildlife or recreational
     development and facilities in connection with works of
     improvement.
        (7)  To cooperate with soil conservation districts in
     obtaining agreements to carry out recommended soil conservation
     measures and proper farm plans from owners of land situated in
     the drainage area above each retention reservoir to be installed
     with or without federal assistance.
        (8)  To apply for and receive federal loans or advancements
     to finance the local share of costs of carrying out works of
     improvement and public fish and wildlife or recreational
     development and facilities in connection with works of
     improvement, and to submit a plan of repayment satisfactory to
     the Secretary of Agriculture or other agent or agency of the
     United States for any loan or advancement; provided, that such
     plan of repayment shall be based solely upon contributions,
     allotments or commitments of funds to the District or
     Commission.
        (9)  To cooperate, and enter into agreements with, the
     Secretary of Agriculture of the United States or other agent or
     agency of the United States, and to do all other things
     required, not inconsistent with the provisions of this Compact
     and the laws of the Commonwealth of Pennsylvania and the State
     of West Virginia, to obtain maximum federal financial assistance
     for works of improvement and public fish and wildlife or
     recreational development and facilities in connection with such
     works of improvement.
        (B)  To acquire within the District, land, easements, rights-
     of-way and other property rights as may be needed in connection
     with works of improvement and public fish and wildlife or
     recreational development and facilities in connection with such
     works of improvement and to make studies respecting, and to
     plan, construct, maintain and operate, works of improvement
     within the District and public fish and wildlife or recreational
     development and facilities in connection with such works of
     improvement.
        (C)  To obtain options upon and to acquire, by purchase,
     exchange, lease, gift, grant, bequest, devise, eminent domain,
     or otherwise, any property, real or personal, or rights therein,
     for any of the purposes specified in this Article of the
     Compact; provided, that eminent domain proceedings shall be
     instituted and prosecuted in the manner and forms provided by
     the laws of the commonwealth or state in which the property or
     property rights proceeded against are situate; provided,
     however, that no property now or hereafter vested in or held by
     the Commonwealth of Pennsylvania or the State of West Virginia,
     or by any county, city, town, village, district, township,
     municipality or other political subdivision thereof shall be
     taken by the District without the consent of the commonwealth,
     state or political subdivision which owns the same.
        (D)  To maintain, administer and improve any properties
     acquired, to charge fees for use of, and receive income from,
     such properties and to expend such income in carrying out the
     purposes and provisions of this Compact, and to lease any of its
     property or interests therein in accordance with the following
     provisions and requirements: the Board of Commissioners of the
     County of Ohio, West Virginia, the County Court of Marshall
     County, West Virginia, the Board of Commissioners of Greene
     County, Pennsylvania, and the Board of Commissioners of
     Washington County, Pennsylvania, shall each have the option of
     leasing from the Commission for such period as the lessee may
     specify all or any part of the works of improvement and the
     public fish and wildlife and recreational development and
     facilities in connection with works of improvement located
     within their respective counties upon the following terms and
     conditions:
            (a)  That in each such lease the lessee in consideration
        thereof pay to the lessor the sum of one dollar ($1.00) and
        agree to fully maintain at its  (the lessee's) expense all
        works of improvement and all such development and facilities
        in connection therewith located within the county of the
        lessee in accordance with the requirements of the Watershed
        Protection and Flood Prevention Act of the 83rd Congress of
        the United States, Second Session, (Public Law 566), approved
        August 4, 1954, as from time to time amended, and all
        agreements and work plans made or formulated thereunder with
        respect to such works of improvement and such development and
        facilities in connection therewith located within the county
        of the lessee, and that for failure of the lessee to comply
        with such agreement, the lessor shall be given the right in
        the lease agreement to cancel the lease upon thirty days'
        written notice to the lessee.
            (b)  That any such lease not be inconsistent with the
        provisions, or impair the purposes, of this Compact.
            (c)  That any such lease be approved by the Secretary of
        Agriculture of the United States or other federal agent or
        agencies having authority to extend approval under the
        provisions of said act and agreements and work plans made or
        formulated thereunder. In the event the Board of
        Commissioners or County Court of any one of the four counties
        named does not, within six (6) months from the completion of
        the works of improvement and all such development and
        facilities in connection therewith located in such county,
        elect in writing transmitted to the Commission to exercise
        the option given to it by the foregoing provisions, or in the
        event such option is exercised and the lease to such Board of
        Commissioners or County Court is subsequently cancelled
        because of violation of the provisions of the lease by the
        lessee, or in the event such option is exercised and the
        Board of Commissioners or County Court subsequently chooses
        not to renew its lease, the commissioners may lease all or
        any part of the works of improvement and all such development
        and facilities in connection therewith located within such
        county to any other lessee which the Commission may choose,
        and upon such terms as may be agreed upon; provided,
                a.  That any such lease be approved by the Board of
            Commissioners or County Court of the county in which any
            part or all of the works of improvement and all such
            development and facilities in connection therewith are
            located.
                b.  That any such lease not be inconsistent with the
            provisions, or impair the purposes of this Compact.
                c.  That any such lease be approved by the Secretary
            of Agriculture of the United States or other federal
            agent or agencies having authority to extend approval
            under the provisions of said act and agreements and work
            plans made or formulated thereunder.
                d.  The option of leasing in the Board of
            Commissioners of the County of Ohio, West Virginia, the
            County Court of Marshall County, West Virginia, the Board
            of Commissioners of Greene County, Pennsylvania, and the
            Board of Commissioners of Washington County,
            Pennsylvania, shall include the right to sublease on the
            same terms and conditions set out in this paragraph to
            any individual, corporation, municipal subdivision or
            municipal authority without the approval of the Wheeling
            Creek Watershed Protection and Flood Prevention
            Commission.
        (E)  To enter into contracts and other arrangements with
     agencies of the United States, with persons, firms or
     corporations, including both public and private corporations,
     with the government of the state and the government of the
     commonwealth, or any department or agency of the United States,
     the state or the commonwealth, with governmental divisions, with
     soil conservation, drainage, flood control, soil erosion or
     other improvement districts in the state or the commonwealth,
     for cooperation or assistance in constructing, improving,
     operating or maintaining works of improvement within the
     District, and public fish and wildlife or recreational
     development and facilities in connection with works of
     improvement, or in preventing floods, damage from sediment
     deposited by floodwaters, or in clearance of stream beds, or in
     conserving, developing, utilizing and disposing of waters in the
     District, or for making surveys, investigations or reports
     thereof.
        (F)  To apply for, receive and use grants-in-aid, donations
     and contributions from any source or sources, and to accept and
     use consistent with the purposes of this Compact, bequests,
     devises, gifts and donations from any person, firm, corporation,
     state, commonwealth or agency or political subdivision thereof.
        (G)  To do any and all things necessary or convenient for the
     purpose of promoting, developing and advancing the purposes of
     said District herein set forth, and in promoting, developing and
     advancing the recreational development and facilities incidental
     to the works of improvement that shall be constructed to achieve
     said purposes.
        (H)  To delegate any authority given to it by law to any of
     its agents or employes, and to expend its funds in the execution
     of the powers and authority herein given.
        (I)  The Commission, subject to the conditions herein, may
     sell, exchange or lease property, real or personal, or any
     interest therein.
        When the property, or any interest or right therein, is being
     held for future use, it may be leased. When the real property,
     or any part thereof, or any interest or right therein, is deemed
     by the Commission not necessary, or desirable for present or
     presently foreseeable future use, it may be exchanged for other
     property, or any interest or right therein, deemed by the
     Commission to be necessary or desirable for present or presently
     foreseeable future use, or may be sold. In addition the
     Commission may exchange real property, or any part thereof, or
     any interest or right therein, even though it may be desirable
     or necessary for present or presently foreseeable future use, if
     the exchange is made for other real property, or any interest or
     right therein, in close proximity thereto which the Commission
     deems of equal or superior value for presently foreseeable
     future use. In making exchanges the Commission may make
     allowances for differences in values of the properties being
     exchanged and may move or pay the cost of moving buildings,
     structures, or appurtenances in connection with the exchange.
        Every such sale of real property, or any interest or right
     therein or structure thereon, shall be at public auction in the
     county in which the real property, or the greater part thereof
     in value, is located, and the Commission shall advertise, by
     publication or otherwise, the time, place and terms of such sale
     at least twenty days prior thereto. The property shall be sold
     in the manner which will bring the highest and best price
     therefor. The Commission may reject any and all bids received at
     the sale. The Commission shall keep a record, open to public
     inspection, indicating the manner in which such real property,
     or any interest or right therein or structure thereon, was
     publicly advertised for sale, the highest bid received therefor
     and from whom, the person to whom sold, and payment received
     therefor. Such record shall be kept for a period of five years
     and may thereafter be destroyed.
        The Commission may insert in any deed or conveyance, whether
     it involves an exchange, lease or sale, such conditions as are
     in the public interest.
        All moneys received from the exchange, sale or lease of real
     or personal property, or any right or interest therein, shall be
     paid into the Commission's treasury and used for the purpose for
     which the Commission was created.
        If the Commission has heretofore sold and conveyed away or
     leased any such property, such transactions and the documents of
     lease or transfer therefor are hereby approved and confirmed and
     shall be as effective as if the authority to lease or convey the
     said property had been given in this statute as originally
     enacted.
        ((I) added Oct. 5, 1978, P.L.1081, No.252)

                       ARTICLE VII.  FISCAL AFFAIRS

        The Commission shall submit at the appropriate or designated
     time to the Board of Commissioners of the County of Ohio, West
     Virginia, the County Court of Marshall County, West Virginia,
     the Board of Commissioners of Greene County, Pennsylvania, and
     the Board of Commissioners of Washington County, Pennsylvania,
     an annual budget of its estimated expenditures, which budget
     shall contain specific recommendations of the amount or amounts
     to be appropriated by each of the named governing bodies.
        The Commission shall not incur any obligation prior to the
     commitment or allotment of funds by the named governing bodies
     or by other sources adequate to meet the same.
        The Commission shall keep accurate accounts of all receipts
     and disbursements, which accounts shall be open for inspection
     at any reasonable time and shall be subject to audit by
     representatives of contributing political subdivisions and of
     the Commonwealth of Pennsylvania and the State of West Virginia.
     The receipts and disbursements of the Commission shall be
     subject to the audit and accounting procedures established under
     its bylaws; provided, that all receipts and disbursements of the
     Commission shall be audited yearly by a qualified public
     accountant, and the report of the audit shall be transmitted to
     each contributor of funds to the District or Commission.

               ARTICLE VIII.  EXEMPTION FROM TAXES AND FEES

        The District and the property belonging to the District shall
     be exempt from the payment of all taxes or fees imposed by the
     Commonwealth of Pennsylvania or the State of West Virginia and
     by any agency and political subdivision thereof.

                  ARTICLE IX.  EFFECTIVE DATE OF COMPACT

        This Compact shall become effective upon ratification by the
     General Assembly of the Commonwealth of Pennsylvania and the
     Legislature of the State of West Virginia and upon approval by
     the Congress of the United States.
        Compiler's Note:  Section 2 of Act 252 of 1978, which amended
            clause I of Article VI, provided that Act 252 shall take
            effect immediately insofar as it relates to property
            situated in the Commonwealth of Pennsylvania, but shall
            not apply to property situated in the State of West
            Virginia until similar provisions are enacted by the
            State of West Virginia.
        Section 2.  In pursuance of Article IV of the above Compact,
     there shall be five members of the Wheeling Creek Watershed
     Protection and Flood Control Commission from the Commonwealth of
     Pennsylvania, one of whom shall be a member of the Board of
     Commissioners of Greene County, Pennsylvania, appointed by that
     body to serve at its will and pleasure; one of whom shall be a
     citizen of Greene County, Pennsylvania, appointed by the Board
     of Commissioners of Greene County, Pennsylvania, to serve at its
     will and pleasure; one of whom shall be a member of the Board of
     Commissioners of Washington County, Pennsylvania, appointed by
     that body to serve at its will and pleasure; one of whom shall
     be a citizen of Washington County, Pennsylvania, appointed by
     the Board of Commissioners of Washington County, Pennsylvania,
     to serve at its will and pleasure; and one of whom shall be a
     member of the Water and Power Resources Board, Department of
     Forests and Waters, Commonwealth of Pennsylvania, appointed by
     the Governor of Pennsylvania to serve at his will and pleasure:
     Provided, That,
        (1)  The citizen appointed by the Board of Commissioners of
     Greene County, Pennsylvania, shall not be a member of that body.
        (2)  The citizen appointed by the Board of Commissioners of
     Washington County, Pennsylvania, shall not be a member of that
     body.
        (3)  The member appointed by the Governor of Pennsylvania
     from the Water and Power Resources Board, Department of Forests
     and Waters, Commonwealth of Pennsylvania shall not be a resident
     of either Greene or Washington Counties, Pennsylvania.
        Vacancies shall be filled by the appointing authority
     responsible for making the appointment to the position vacated.
        Section 3.  The Board of Commissioners of Greene County,
     Pennsylvania, and the Board of Commissioners of Washington
     County, Pennsylvania, and any municipality therein, which may
     reasonably be expected to receive a benefit from the
     construction, improvement, operation or maintenance of any works
     of improvement, are hereby authorized and empowered to
     contribute moneys to the District by appropriation from their
     respective general funds not otherwise appropriated, and may set
     up in their respective budgets funds to be spent for such
     purposes, and such counties or municipalities may levy and
     collect taxes for such purposes, in the manner provided by law.
        Such boards of commissioners, and municipal corporations are
     hereby authorized and empowered to transfer and convey to the
     District property of any kind heretofore acquired by said boards
     of commissioners, and municipalities, if acceptable to the
     District as adaptable to use for the purposes of the District,
     such transfers or conveyances to be without consideration or for
     such price and upon such terms and conditions as such boards of
     commissioners or municipalities shall determine to be proper.
        Section 4.  This act shall take effect immediately.