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Subchapter 001: CONNECTICUT RIVER FLOOD CONTROL COMPACT
§ 1151. Preamble
Whereas, the federal government exercises jurisdiction over the nation’s navigable
rivers and their tributaries through passage of the Flood Control Act of nineteen
hundred and thirty-six and various other acts amendatory thereto; and
Whereas, these acts provide for construction by the United States of dams for flood
control and, where feasible, in addition to flood control for storage of water to
be used for irrigation, recreation or hydroelectric power or for any of these purposes;
and
Whereas, the Connecticut is an interstate river and control of major floods on it
can be obtained only by the construction of dams by the United States under authorization
of the above mentioned acts; and
Whereas, the Commonwealth of Massachusetts and the States of Connecticut, New Hampshire
and Vermont recognize that it is in the interest of their general welfare that the
United States construct in the Connecticut River Valley a comprehensive system of
local protection works and dams and reservoirs to control floods and prevent loss
of life and property, the disruption of orderly processes and the impairment of commerce
between the aforesaid states; and
Whereas, the United States has constructed dikes, flood walls and other local protection
works at Hartford and East Hartford in the State of Connecticut and at Springfield,
Riverdale, West Springfield, Chicopee, Northampton, Holyoke, and Springdale, in the
Commonwealth of Massachusetts and dams and reservoirs for the storage of flood waters
at Knightville, Birch Hill and Tully in the Commonwealth of Massachusetts, at Surry
Mountain in the State of New Hampshire and at Union Village in the State of Vermont
and has reached agreements with the state wherein located for construction of dams
and reservoirs for the storage of flood waters at Barre Falls in the Commonwealth
of Massachusetts and at Ball Mountain and at Townshend in the State of Vermont; and
Whereas, the Congress has at various times authorized construction by the United States
of other dams and reservoirs for the storage of flood waters in the Commonwealth of
Massachusetts and in the States of New Hampshire and Vermont and has more recently
instructed the corps of engineers to determine what additional local protection works
and dams and reservoirs are required for a comprehensive system to control floods
in the Connecticut River and its tributaries; and
Whereas, it is believed that such a comprehensive flood control system should include
dams and reservoirs controlling flood run-off from approximately twenty-five (25)
percent of the total drainage area of the Connecticut River above Hartford, Connecticut,
and strategically located in reference to characteristics of tributaries and to damage
centers; and
Whereas, construction by the United States of additional dams and reservoirs in the
Commonwealth of Massachusetts and in the States of New Hampshire and Vermont, to complete
such a comprehensive flood control system, will remove from the tax rolls of local
governments of those states such property as is acquired by the United States and
may work other hardships against the people of Massachusetts, New Hampshire and Vermont;
and
Whereas, it is highly desirable that any flood control dam and reservoir constructed
by the United States in the Connecticut River Valley have the approval of the state
wherein it is located and that states benefiting from construction of such dam and
reservoir make reimbursement for such loss of taxes and for such hardships; and
Whereas, a comprehensive system for the prevention of destructive floods and for water
resources utilization in the Connecticut River Valley can best be accomplished by
cooperation between the several states in the valley and by and through a common and
joint agency of said several states;
Now, therefore, the said Commonwealth of Massachusetts and States of Connecticut,
New Hampshire and Vermont do hereby enter into the following compact, to-wit:
§ 1152. Purposes—Article I
The principal purposes of this compact are: (a) to promote interstate comity among
and between the signatory states; (b) to assure adequate storage capacity for impounding
the waters of the Connecticut River and its tributaries for the protection of life
and property from flood; (c) to provide a joint or common agency through which the
signatory states, while promoting, protecting and preserving to each the local interest
and sovereignty of the respective signatory states, may more effectively cooperate
in accomplishing the object of flood control and water resources utilization in the
basin of the Connecticut River and its tributaries.
§ 1153. Creation of Commission—Article II
There is hereby created “The Connecticut River Valley Flood Control Commission,” hereinafter
referred to as the “Commission,” which shall consist of 12 members, three of whom
shall be residents of the Commonwealth of Massachusetts; three of whom shall be residents
of the State of Connecticut; three of whom shall be residents of the State of New
Hampshire; and three of whom shall be residents of the State of Vermont.
The members of the Commission shall be chosen by their respective states in such manner
and for such term as may be fixed and determined from time to time by the law of each
of said states respectively by which they are appointed. A member of the Commission
may be removed or suspended from office as provided by the law of the state for which
he or she shall be appointed, and any vacancy occurring in the Commission shall be
filled in accordance with the laws of the state wherein such vacancy exists.
A majority of the members from each state shall constitute a quorum for the transaction
of business, the exercise of any of its powers or the performance of any of its duties,
but no action of the Commission shall be binding unless at least two of the members
from each state shall vote in favor thereof.
The compensation of members of the Commission shall be fixed, determined, and paid
by the state which they respectively represent. All necessary expenses incurred in
the performance of their duties shall be paid from the funds of the Commission.
The Commission shall elect from its members a Chair, Vice Chair, Clerk and Treasurer.
Such treasurer shall furnish to the Commission, at its expense, a bond with corporate
surety, to be approved by the Commission, in such amount as the Commission may determine,
conditioned for the faithful performance of his or her duties.
The Commission shall adopt suitable bylaws and shall make such rules and regulations
as it may deem advisable not inconsistent with laws of the United States, of the signatory
states or with any rules or regulations lawfully promulgated thereunder.
The Commission shall make an annual report to the governor and legislature of each
of the signatory states, setting forth in detail the operations and transactions conducted
by it pursuant to this compact.
The Commission shall keep a record of all its meetings and proceedings, contracts
and accounts, and shall maintain a suitable office, where its maps, plans, documents,
records and accounts shall be kept, subject to public inspection at such times and
under such regulations as the Commission shall determine.
§ 1154. Powers of Commission—Article III
The Commission shall constitute a body, both corporate and politic, with full power
and authority: (1) to sue and be sued; (2) to have a seal and alter the same at pleasure;
(3) to appoint and employ such agents and employees as may be required in the proper
performance of the duties hereby committed to it and to fix and determine their qualifications,
duties and compensation; (4) to enter into such contracts and agreements and to do
and perform any and all other acts, matters and things as may be necessary and essential
to the full and complete performance of the powers and duties hereby committed to
and imposed upon it and as may be incidental thereto; (5) to have such additional
powers and duties as may hereafter be delegated to or imposed upon it from time to
time by the action of the legislature of any of said states, concurred in by the legislatures
of the other states and by the Congress of the United States.
The Commission shall make, or cause to be made, such studies as it may deem necessary,
in cooperation with the corps of engineers and other federal agencies, for the development
of a comprehensive plan for flood control and for utilization of the water resources
of the Connecticut River Valley.
The Commission shall not pledge the credit of the signatory states or any of them.
§ 1155. Construction of dams; agreements—Article IV
The signatory state wherein is located the site of each of the following dams and
reservoirs agrees to the construction by the United States of each such dam and reservoir
in accordance with authorization by the Congress:
In the Commonwealth of Massachusetts, At Barre Falls on the Ware River controlling
a drainage area of approximately fifty-seven (57) square miles and providing flood
storage of approximately eight (8) inches of run-off from said drainage area.
In the State of Vermont, (1) At West Townshend on the West River controlling a new
drainage area of approximately one hundred six (106) square miles and providing flood
control storage of approximately six (6) inches of run-off from said drainage area.
(2) At Ball Mountain on the West River controlling a net drainage area of approximately
one hundred thirty-two (132) square miles and providing flood control storage of approximately
six (6) inches of run-off from said drainage area.
(3) At North Hartland on the Ottauquechee River controlling a drainage area of approximately
two hundred twenty-two (222) square miles and providing flood control storage for
approximately six (6) inches of run-off from said drainage area.
(4) At Groton Pond on the Wells River controlling a drainage area of approximately seventeen
and three tenths (17.3) square miles and providing flood control storage for approximately
eight (8) inches of run-off from said drainage area.
(5) At Victory on the Moose River controlling a drainage area of approximately sixty-six
(66) square miles and providing flood control storage for approximately seven (7)
inches of run-off from said drainage area.
(6) In Bloomfield on the Nulhegan River controlling a drainage area of approximately seventy
(70) square miles and providing flood control storage for approximately nine (9) inches
of run-off from said drainage area.
In the State of New Hampshire, (1) At South Keene on the Otter Brook, tributary of
the Ashuelot River, controlling a drainage area of approximately forty-seven (47)
square miles and providing flood control storage for approximately seven (7) inches
of run-off from said drainage area.
(2) At Walpole on the Cold River controlling a drainage area of approximately one hundred
one (101) square miles and providing flood control storage for approximately eight
(8) inches of run-off from said drainage area.
(3) At Bethlehem Junction on the Ammonoosuc River controlling a drainage area of approximately
ninety (90) square miles and providing flood control storage for approximately six
(6) inches of run-off from said drainage area.
(4) At Franconia on the Ammonoosuc River controlling a drainage area of approximately
thirty (30) square miles and providing flood control storage for approximately eight
(8) inches of run-off from said drainage area.
(5) At Swiftwater on the Wild Ammonoosuc River controlling a drainage area of approximately
fifty-seven (57) square miles and providing flood control storage for approximately
ten (10) inches of run-off from said drainage area.
§ 1156. Reimbursement for economic losses—Article V
The Commonwealth of Massachusetts agrees to reimburse the State of New Hampshire fifty
(50) percent and the State of Vermont fifty (50) percent of the amount of taxes lost
to their political subdivisions by reason of ownership by the United States of lands,
rights or other property therein for the flood control dams and reservoirs at Surry
Mountain in New Hampshire and at Union Village in Vermont.
The State of Connecticut agrees to reimburse the Commonwealth of Massachusetts forty
(40) percent, the State of New Hampshire forty (40) percent and the State of Vermont
forty (40) percent of the amount of taxes lost to their political subdivisions by
reason of ownership by the United States of lands, rights or other property therein
for the flood control dams and reservoirs at Tully, at Knightville and at Birch Hill
in Massachusetts, at Surry Mountain in New Hampshire and at Union Village in Vermont.
The Commonwealth of Massachusetts agrees to reimburse the State of New Hampshire fifty
(50) percent and the State of Vermont fifty (50) percent of the amount of taxes lost
to their political subdivisions by reason of acquisition and ownership by the United
States of lands, rights or other property therein for construction in the future of
any flood control dam and reservoir specified in Article IV (section 1155 of this title) and also for any other flood control dam and reservoir hereafter constructed by
the United States in the Connecticut River Valley.
The State of Connecticut agrees to reimburse the Commonwealth of Massachusetts forty
(40) percent, the State of New Hampshire forty (40) percent and the State of Vermont
forty (40) percent of the amount of taxes lost to their political subdivisions by
reason of acquisition and ownership by the United States of lands, rights or other
property therein for construction in the future of any flood control dam and reservoir
specified in Article IV and also for any other flood control dam and reservoir hereafter
constructed by the United States in the Connecticut River Valley.
Annually, not later than November first of each year, the Commission shall determine
the loss of taxes resulting to political subdivisions of each signatory state by reason
of acquisition and ownership therein by the United States of lands, rights or other
property in connection with each flood control dam and reservoir for which provision
for tax reimbursement has been made in the four paragraphs next above. Such losses
of taxes as determined by the Commission shall be based on the tax rate then current
in each such political subdivision and on the average assessed valuation for a period
of five years prior to the acquisition by the United States of such property, provided
that whenever a political subdivision wherein a flood control dam and reservoir or
portion thereof is located shall have made a general revaluation of property subject
to the annual municipal taxes of such subdivision, the Commission may use such revaluation
for the purpose of determining the amount of taxes for which reimbursement shall be
made. Using the percentage of payment agreed to in said four paragraphs, the Commission
shall then compute the sum, if any, due from each signatory state to each other signatory
state and shall send a notice to the Treasurer of each signatory state setting forth
in detail the sums, if any, each is to pay to and to receive from each other signatory
state in reimbursement of tax losses.
Each signatory state on receipt of formal notification from the Commission of the
sum which it is to pay in reimbursement for tax losses shall, not later than July
first of the following year, make its payment for such tax losses to the signatory
state wherein such loss or losses occur, except that in case of the first annual payment
for tax losses at any dam or reservoir such payment shall be made by payor states
not later than July first of the year in which the next regular session of its legislature
is held.
Payment by a signatory state of its share of reimbursement for taxes in accordance
with formal notification received from the Commission shall be a complete and final
discharge of all liability by the payor state to the payee state for each flood control
dam and reservoir within the payee state for the time specified in such formal notification.
Each payee signatory state shall have full responsibility for distributing or expending
all such sums received, and no agency or political subdivision shall have any claim
against any signatory state other than the payee state, nor against the Commission
relative to tax losses covered by such payments.
Whenever a state which makes reimbursement for tax losses and a state which received
such reimbursement from it shall agree, through the Commission, on a lump sum payment
in lieu of annual payments and such lump sum payment has been made and received, the
requirement that the Commission annually shall determine the tax losses, compute sums
due from each state and send notice thereof to the treasurer of each state shall no
longer apply to the aforesaid states with respect to any flood control dam and reservoir
for which lump sum payment has been made and received.
The Commonwealth of Massachusetts and the State of Connecticut each agrees to pay
its respective share in reimbursement, as determined by the Commission under the procedure
following, for economic losses and damages occurring by reason of ownership of property
by the United States for construction and operation of a flood control dam and reservoir
at any site specified in Article IV, and for any other flood control dam and reservoir
constructed hereafter by the United States in the Connecticut River Valley, provided,
however, that no reimbursement shall be made for speculative losses and damages or
losses or damages for which the United States is liable.
On receipt of information from the Chief of Engineers that request is to be made for
funds for the purpose of preparing detailed plans and specifications for any flood
control dam and reservoir proposed to be constructed in the Connecticut River Valley,
including those specified in Article IV, the Commission shall make an estimate of
the amount of taxes which would be lost to and of economic losses and damages which
would occur in political subdivisions of the signatory state wherein such dam and
reservoir would be located, wholly or in part, by reason of acquisition and ownership
by the United States of lands, rights or other property for the construction and operation
of such flood control dam and reservoir and shall decide whether the flood control
benefits to be derived in the signatory states from such flood control dam and reservoir,
both by itself and as a unit of a comprehensive flood control plan, justifies, in
the opinion of the Commission, the assumption by signatory states of the obligation
to make reimbursement for loss of taxes and for economic losses and damages. Such
estimate and decision shall thereafter be reviewed by the Commission at five-year
intervals until such time as the United States shall have acquired title to the site
of such flood control dam or plans for its construction are abandoned. The Commission
shall notify the governor, the members of the United States Senate and the members
of the United States House of Representatives from each signatory state and the Chief
of Engineers as to the Commission’s decision and as to any change in such decision.
On receipt of information from the Chief of Engineers that any flood control dam and
reservoir is to be constructed, reconstructed, altered or used for any purpose in
addition to flood control, including those flood control dams and reservoirs heretofore
constructed and those specified in Article IV, the Commission shall make a separate
estimate of the amount of taxes which would be lost to and of economic losses and
damages which would occur in political subdivisions of the signatory state wherein
such dam and reservoir would be located, wholly or in part, by reason of acquisition
and ownership by the United States of lands, rights or other property for the construction
and operation of such dam and reservoir in excess of the estimated amount of taxes
which would be lost and of the economic losses and damages which would occur if the
dam were constructed and operated for flood control only and the Commission shall
decide the extent to which, in its opinion, the signatory states would be justified
in making reimbursement for loss of taxes and for economic losses and damages in addition
to reimbursement for such dam and reservoir if constructed and used for flood control
only. Such estimate and decision shall thereafter be reviewed by the Commission at
five-year intervals until such time as such dam and reservoir shall be so constructed,
reconstructed, altered or used or plans for such construction, reconstruction, alteration
or use are abandoned. The Commission shall notify the governor, the members of the
U.S. Senate and the members of the U.S. House of Representatives from each signatory
state as to the Commission’s decision and as to any change in such decision.
Within thirty days after acquisition by the United States of the site of any flood
control dam the Commission shall proceed to make a final determination of economic
losses and damages occasioned by such dam and reservoir. The Commission shall not
include in such determination either speculative losses and damages or losses and
damages for which the United States is liable.
The Commission shall compute the share the Commonwealth of Massachusetts and the State
of Connecticut shall each pay to the state wherein such dam and reservoir is located
by multiplying the percentage of flood and damages, as previously determined, by the
percentage of flood control benefits which the Commonwealth of Massachusetts and the
State of Connecticut each receives, in the allocation by states, of the flood control
benefits resulting from the dam and reservoir.
The Commission shall send a notice to the Treasurer of the Commonwealth of Massachusetts
and to the Treasurer of the State of Connecticut setting forth in detail the sum,
if any, each is to pay to the state wherein such dam and reservoir is located in reimbursement
for economic losses and damages and shall also send such notice to the Treasurer of
the state wherein such dam and reservoir is located.
The Commonwealth of Massachusetts and the State of Connecticut on receipt of such
formal notification by the Commission shall each pay its share of such economic losses
or damages to the signatory states wherein such losses or damages occur. Full payment
by either state of the sum specified in such formal notification from the Commission
as to the amount of economic losses and damages for which such state is to make reimbursement
shall be a complete and final discharge of all liability by the payor state to the
payee state for economic losses and damages for each flood control dam and reservoir
within the payee state designated in such formal notification. Each payee signatory
state shall have full responsibility for distributing or expending all such sums received
and no agency, political subdivision, private person, partnership, firm, association
or corporation shall have any claim against any signatory state other than the payee
state, nor against the Commission relative to such economic losses and damages.
A signatory state may, in agreement with the Commission and the Chief of Engineers,
acquire title or option to acquire title to any or all lands, rights or other property
required for any flood control dam and reservoir within its boundaries and transfer
such titles or options to the United States. Whenever the fair cost to said signatory
state for such titles or options, as determined by the Commission, is greater than
the amount received therefor from the United States, the Commonwealth of Massachusetts
and the State of Connecticut shall each pay its share of such excess cost to said
signatory state, such share to be determined by the Commission in accordance with
procedure herein contained for determining reimbursement for economic losses and damages.
Whenever the Commission shall not agree, within a reasonable time or within sixty
days after a formal request from the governor of any signatory state, concerning reimbursement
for loss of taxes or for economic losses and damages at any flood control dam and
reservoir heretofore or hereafter constructed by the United States in the Connecticut
River Valley, or concerning the extent, if any, to which reimbursement shall be made
for additional loss of taxes and for additional economic losses and damages caused
by construction, reconstruction, alteration or use of any such dam for purposes other
than flood control, the governor of each signatory state shall designate a person
from his state as a member of a Board of Arbitration, hereinafter called the Board,
and the members so designated shall choose one additional member who shall be Chair
of such Board. Whenever the members appointed by the governors to such Board shall
not agree within sixty days on such additional member of the Board, the governors
of such signatory states shall jointly designate the additional member. The Board
shall by majority vote decide the question referred to it and shall do so in accordance
with the provisions of this compact concerning such reimbursement. The decision of
the Board on each question referred to it concerning reimbursement for loss of taxes
and for economic losses and damages shall be binding on the Commission and on each
signatory state, notwithstanding any other provision of this compact.
§ 1157. Authority of United States—Article VI
Nothing contained in this compact shall be construed as a limitation upon the authority
of the United States.
§ 1158. Expenses of Commission—Article VII
The signatory states agree to appropriate for compensation of agents and employees
of the Commission and for office, administrative, travel and other expenses on recommendation
of the Commission subject to limitations as follows: The Commonwealth of Massachusetts
obligates itself to not more than seventy-five hundred ($7500) dollars in any one
year, the State of New Hampshire obligates itself to not more than one thousand ($1000)
dollars in any one year, the State of Vermont obligates itself to not more than two
thousand ($2000) dollars in any one year and the State of Connecticut obligates itself
to not more than sixty-five hundred ($6500) dollars in any one year. (Amended 1989, No. 210 (Adj. Sess.), § 196; 1991, No. 5, § 63, eff. March 13, 1991.)
§ 1159. Separability of provisions—Article VIII
Should any part of this compact be held to be contrary to the constitution of any
signatory state or of the United States, all other parts thereof shall continue to
be in full force and effect.
§ 1160. Compact effective, when; notice of ratification—Article IX
This compact shall become operative and effective when ratified by the Commonwealth
of Massachusetts and the States of New Hampshire, Vermont and Connecticut and approved
by the Congress of the United States. Notice of ratification shall be given by the
governor of each state to the governors of other states and to the President of the
United States, and the President of the United States is requested to give notice
to the governors of each of the signatory states of approval by the Congress of the
United States.
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Subchapter 002: PROVISIONS RELATING TO FLOOD CONTROL COMPACT
§ 1171. Connecticut River Valley Flood Control Commission; appointment; term of office
The Connecticut River Valley Flood Control Commission shall consist of three members.
Biennially, in the month of February, the Governor, by and with the advice and consent
of the Senate, shall appoint one member of the Commission whose term of office shall
be six years from and after March 1 of the year in which he or she is appointed.
§ 1172. Vacancies in Commission membership; power of removal
The provisions of 3 V.S.A. §§ 257-259 shall apply to vacancies that may occur in the membership of said Commission from
this State, and to the power of removal of any such commissioner; except that if a
vacancy occurs among such membership, either by death, resignation, removal, or otherwise,
between sessions of the General Assembly, the Governor shall have power to fill such
vacancy by appointment until March 1 of the next biennial year.
§ 1173. Expenses of members of Commission
The members of said Commission appointed by the State of Vermont shall each receive
as compensation for their services the sum of $30.00 a day for each day’s service
performed in connection with the duties of such office.
§ 1174. Expenditure for support of the Connecticut Commission
The Department of Environmental Conservation shall make an expenditure for the purpose
of carrying out the provisions of Article VII of the Compact, section 1158 of this title, relating to payment by the State to the Connecticut Commission of the proportionate
share of the State in the expenses of said Commission. This expenditure is conditioned
upon payment by the other compacting states of their proportionate amounts. (Amended 2011, No. 162 (Adj. Sess.), § E.709.)
§ 1175. Notification of funds received; tax and economic loss
(a) The State Treasurer shall notify the Commissioner of Finance and Management when he
or she receives funds from either the State of Connecticut or the Commonwealth of
Massachusetts, as provided in the Connecticut River Flood Control Compact, sections
1151-1160 of this title, in reimbursement for loss of taxes and for economic losses and damages for any tax
year in a town or towns of this State occasioned by ownership therein by the United
States of lands, rights or other property in a flood control dam and reservoir.
(b) At the same time the State Treasurer shall transmit to the Secretary of the Agency
of Natural Resources the official notification he or she has received from the Connecticut
River Valley Flood Control Commission setting forth the tax loss or the economic losses
and damages, as determined by the Commission according to the terms of said Compact,
or as otherwise determined by the Commission, together with the part of each such
loss the State of Connecticut and the Commonwealth of Massachusetts are obligated
to pay.
(c) Funds received pursuant to subsection (a) of this section shall be credited to a special
fund, established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5, from which payments shall be made in accordance with section 1176 of this title. (Amended 1959, No. 108, § 1; 1959, No. 328 (Adj. Sess.), § 8; 1961, No. 100, § 2; 1981, No. 222 (Adj. Sess.), § 5; 1983, No. 195 (Adj. Sess.), § 5; 1987, No. 76, § 18; 2011, No. 162 (Adj. Sess.), § E.709.1.)
§ 1176. Certifications of sums due towns; warrants
On receipt of information from the State Treasurer under section 1175 of this title, the Secretary of Natural Resources shall certify to the Commissioner of Finance
and Management the sums due under the terms of the compact payable by the Commonwealth
of Massachusetts and the State of Connecticut and the name of each person, partnership,
corporation, or municipality to whom the sums are due. The Commissioner of Finance
and Management shall issue his or her warrants accordingly. (Amended 1959, No. 108, § 2; 1959, No. 328 (Adj. Sess.), § 8; 1961, No. 100, § 2; 1981, No. 222 (Adj. Sess.), § 6; 1983, No. 195 (Adj. Sess.), § 5(b); 1987, No. 76, § 18.)
§ 1177. Maintenance of records by Secretary of Natural Resources
It shall be the sole responsibility of the Secretary of Natural Resources to keep
and maintain all records, except records of warrants issued by the Commissioner of
Finance and Management, in connection with and compiled as a result of sections 1175 and 1176 of this title. All departments or agencies of the State maintaining these records shall forthwith
deliver the same to the Secretary of Natural Resources. (Amended 1959, No. 328 Adj. Sess.), § 8; 1961, No. 100, § 2; 1981, No. 222 (Adj. Sess.), § 7; 1983, No. 195 (Adj. Sess.), § 5(b); 1987, No. 76, § 18.)
§ 1178. Reimbursement for tax losses not covered by Compact
(a) The State of Vermont shall annually reimburse its political subdivisions for the ten
percent of the amount of real property, personal property is lost to them by reason
of acquisition and ownership by the United States of land, rights or other property
acquired by the United States for flood control dams and reservoirs, and not reimbursed
by the Commonwealth of Massachusetts and the State of Connecticut under the terms
of the Connecticut River Flood Control Compact, sections 1151-1160 of this title. Such total annual reimbursement by the State of Vermont under the terms of this
section shall equal one-ninth of the aggregate amount determined by the Connecticut
River Flood Control Commission as being due by the State of Connecticut and the Commonwealth
of Massachusetts to the State of Vermont solely for the aforesaid tax losses under
the terms of said compact.
(b) The Commissioner of Finance and Management shall annually issue his or her warrants
in favor of those political subdivisions upon vouchers issued by the Secretary of
Natural Resources at the same time as vouchers are issued for payments of reimbursement
of the loss of that political subdivision by the State of Connecticut and Commonwealth
of Massachusetts. (Amended 1959, No. 328 (Adj. Sess.), § 8; 1961, No. 100, § 2; 1981, No. 222 (Adj. Sess.), § 8; 1983, No. 195 (Adj. Sess.), § 5(b); 1987, No. 76, § 18.)
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Subchapter 003: CONNECTICUT RIVER WATERSHED ADVISORY COMMISSION
§ 1191. Purpose
The purpose of this subchapter is to provide a mechanism for a cooperative effort
with the State of New Hampshire to guide any development that may occur, in a way
that maximizes the conservation of the visual, ecological, and agricultural integrity
of the Connecticut River watershed. (Added 1987, No. 208 (Adj. Sess.), § 2.)
§ 1192. Policy
It is the policy of this State to join with the State of New Hampshire in a common
effort to ensure that development within the Connecticut River watershed proceeds
in ways that protect its outstanding ecological, scenic, recreational, historic, cultural,
agricultural, fish, and wildlife values. (Added 1987, No. 208 (Adj. Sess.), § 2.)
§ 1193. Connecticut River Watershed Advisory Commission established
(a) A Connecticut River Watershed Advisory Commission is established to develop ways to
cooperate, and to initiate and encourage interstate cooperation and coordination with
and between the appropriate officers of the State of Vermont and the State of New
Hampshire to achieve the purpose of this subchapter. In a manner consistent with New
Hampshire law, the Advisory Commission may designate citizens from Vermont municipalities
bordering the Connecticut River to serve on, or coordinate with, local river management
advisory groups established pursuant to New Hampshire law.
(b) The Advisory Commission shall consist of 15 members: the Secretary of Natural Resources;
one member selected by each of the five regional planning commissions bordering the
Connecticut River and nine at-large members appointed by the Governor who shall be
residents of the Connecticut River watershed. The at-large members may include persons
who are members of the General Assembly and shall include others who represent diverse
interests such as forestry, tourism, fishing, boating, and land preservation and historic
preservation. One or more members shall be actively farming land they own bordering
the Connecticut River or its tributaries.
(c) The Secretary of Natural Resources shall promptly convene the first meeting of the
Advisory Commission at which time a chairperson will be elected by the members. The
chairperson shall serve for one year or until his or her successor is elected.
(d) A majority of the members of the Commission shall constitute a quorum.
(e) Members shall be entitled to compensation in accordance with the provisions of 32 V.S.A. § 1010.
(f) In the event of a vacancy occurring in the membership of the Commission, the vacancy
shall be filled in the same manner as the original appointment. (Added 1987, No. 208 (Adj. Sess.), § 2; amended 1991, No. 224 (Adj. Sess.), § 2.)
§ 1194. Support services
The Secretary of Natural Resources shall provide supportive services to the Advisory
Commission. (Added 1987, No. 208 (Adj. Sess.), § 2.)
§ 1195. Acceptance of grants and contributions
The Commission may receive and accept grants, aid, or contributions of money, property,
labor, or other things of value, to be expended to carry out the purposes of this
subchapter. (Added 1987, No. 208 (Adj. Sess.), § 2.)
§ 1196. Report
Beginning in 1989 and annually thereafter, the Advisory Commission shall file a report
on its activities under this subchapter. The report shall be filed with the Agency
of Natural Resources, the Governor, and the General Assembly on or before July 15. (Added 1987, No. 208 (Adj. Sess.), § 2; amended 2017, No. 113 (Adj. Sess.), § 44b.)
§ 1197. [Reserved for future use.]
§ 1198. Recodified. 1987, No. 208 (Adj. Sess.), § 1.