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Delaware Code Title 9 Sec. 2802 - Powers of County

Delaware Code > Title 9 > Chapter 28 > § 2802 - Powers of County


Current as of: 2011

In addition to the other powers which it has, the County may, under this chapter:

(1) Plan, construct, acquire by gift, or purchase any water supply system in the White Clay Creek Watershed, and acquire by gift, purchase or the exercise of eminent domain lands or rights in land in connection therewith;

(2) Plan and construct White Clay Creek Water Supply System, including a dam, reservoir and other structures on White Clay Creek above Newark extending into the Commonwealth of Pennsylvania and in connection therewith to acquire by gift or purchase (for money or other considerations), or a combination thereof in the Commonwealth of Pennsylvania and by gift, purchase (for money or other considerations), eminent domain, or a combination thereof in New Castle County, lands or rights in lands;

(3) Plan for and relocate or pay for the planning and relocation of existing roads, bridges, power lines, water mains, telephone lines, sewers and other utilities located within the aforementioned water supply system site which relocation is required by the exercise of the powers in subdivisions (1) and (2) of this section;

(4) Protect, relocate or pay for the protection or relocation of privately owned facilities such as dwellings, buildings, churches, cemeteries, private drives and private water systems and appurtenances located within or immediately adjacent to the site of such water supply system as part of the cost of acquiring land or rights in land whenever the County Council shall determine that such protection or relocation shall be economically justified or in the case of churches, historical buildings, and cemeteries, such relocation shall be in the public interest;

(5) Operate and maintain such water supply system and furnish the services and facilities available therefrom;

(6) Enter into and perform contracts deemed appropriate by the County Council with any public utility company or with any incorporated city or town operating a water treatment and distribution system providing for the use of water from such County water supply system or systems and for the payment to the County of fees for the use or for the availability of use of such water;

(7) Issue bonds to finance in whole or in part the cost of planning, acquisition, purchase, construction, reconstruction, improvement, betterment or extension of any such water supply system; and accept from the State, or the Commonwealth of Pennsylvania, the Delaware River Basin Commission, the federal government or any authorized agency of any of the above, any incorporated town or other local governmental agency or from persons, firms, or corporations, grants, loans or contributions for the planning, construction, acquisition, reconstruction, improvement or extension of any such water supply system and to enter into agreements with such parties with respect to such grants, loans or contributions;

(8) Make payments of taxes or in lieu of taxes levied by townships, counties, or other governmental bodies upon land and improvements owned in the Commonwealth of Pennsylvania, and enter into agreements with respect to said taxes or payments;

(9) Control and distribute within New Castle County the excess water collected or stored in any reservoir on White Clay Creek forming a part of any such County water supply system by releasing it into any stream, river, pond, lake, or water treatment and distribution system and prohibit or permit the use of excess water for such uses, in such amounts, and subject to such rules, regulations and fees as the County Council may from time to time determine; provided however, that the County at no time shall prevent the free flow in White Clay Creek of any and all water which is not excess water unless the right to appropriate, divert or use such nonexcess water shall have been previously legally acquired from the parties entitled thereto by the County. The fees may be based upon such use or uses or upon any combination thereof and the County Council may enter into contracts with municipalities, public water distributing utilities and industries with respect to said rights and fees;

(10) Sell any land acquired under this chapter which the County Council shall at any time determine to be surplus to its needs. Such sale shall be in accordance with § 1521 of this title whether said land is located in this State or in the Commonwealth of Pennsylvania, except that land acquired for the relocation of utilities, facilities or improvements may be conveyed upon such terms, in such way and manner and subject to such conditions and restrictions, if any, as the County may deem fit, to the appropriate governmental agency or persons, firms or corporations;

(11) Exercise full control of and make rules and regulations for access to and use of lands included as part of any water supply system.

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Questions & Answers: Water

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Delaware Laws: Water

Delaware Code Title 6 > Chapter 25B - Delaware Residential Water Treatment System Sales
Delaware Code Title 7 > Chapter 41 - Drainage Of Lands And Management Of Waters; Tax Ditches
Delaware Code Title 7 > Chapter 42 - Dam Safety
Delaware Code Title 7 > Chapter 43 - Dredging And Management Of Lagoons
Delaware Code Title 7 > Chapter 66 - Wetlands
Delaware Code Title 7 > Chapter 76 - Inland Bays' Watershed Enhancement
Delaware Code Title 9 > Chapter 28 - Water Supply
Delaware Code Title 9 > Chapter 45 - Sewers And Water
Delaware Code Title 9 > Chapter 46 - Sewers And Sewer Districts
Delaware Code Title 26 > Chapter 14 - Self-Sufficient Water Supply

U.S. Code Provisions: Water

U.S. Code > Title 7 > Chapter 86 - Water Quality Research, Education, And Coordination
U.S. Code Title 43 > Chapter 40 > Subchapter I - Drought Program
U.S. Code Title 43 > Chapter 40 > Subchapter II - Drought Contingency Planning
U.S. Code > Title 43 > Chapter 42 - Rural Water Supply
U.S. Code > Title 16 > Chapter 3C - Water Conservation
U.S. Code Title 16 > Chapter 12 > Subchapter IV - State And Municipal Water Conservation Facilities
U.S. Code > Title 16 > Chapter 18 - Watershed Protection And Flood Prevention
U.S. Code > Title 16 > Chapter 18A - Cooperative Watershed Management Program
U.S. Code > Title 16 > Chapter 29 - Water Bank Program For Wetlands Preservation
U.S. Code Title 16 > Chapter 58 > Subchapter III - Wetland Conservation
U.S. Code > Title 16 > Chapter 59 - Wetlands Resources
U.S. Code > Title 16 > Chapter 59A - Wetlands
U.S. Code > Title 16 > Chapter 64 - North American Wetlands Conservation
U.S. Code > Title 33 > Chapter 15 - Flood Control
U.S. Code > Title 33 > Chapter 35 - Artificial Reefs
U.S. Code > Title 33 > Chapter 36 - Water Resources Development
U.S. Code > Title 33 > Chapter 42 - Estuary Restoration
U.S. Code > Title 33 > Chapter 46 - National Levee Safety Program
U.S. Code > Title 33 > Chapter 47 - Ocean Exploration
U.S. Code > Title 33 > Chapter 48 - Ocean And Coastal Mapping Integration
U.S. Code > Title 33 > Chapter 49 - Integrated Coastal And Ocean Observation System
U.S. Code > Title 33 > Chapter 50 - Federal Ocean Acidification Research And Monitoring
U.S. Code Title 42 > Chapter 6A > Subchapter XII - Safety Of Public Water Systems
U.S. Code > Title 42 > Chapter 19B - Water Resources Planning
U.S. Code > Title 42 > Chapter 109 - Water Resources Research

Federal Regulations: Water

U.S. Code > Title 7 > Chapter 86 - Water Quality Research, Education, And Coordination
U.S. Code Title 43 > Chapter 40 > Subchapter I - Drought Program
U.S. Code Title 43 > Chapter 40 > Subchapter II - Drought Contingency Planning
U.S. Code > Title 43 > Chapter 42 - Rural Water Supply
U.S. Code > Title 16 > Chapter 3C - Water Conservation
U.S. Code Title 16 > Chapter 12 > Subchapter IV - State And Municipal Water Conservation Facilities
U.S. Code > Title 16 > Chapter 18 - Watershed Protection And Flood Prevention
U.S. Code > Title 16 > Chapter 18A - Cooperative Watershed Management Program
U.S. Code > Title 16 > Chapter 29 - Water Bank Program For Wetlands Preservation
U.S. Code Title 16 > Chapter 58 > Subchapter III - Wetland Conservation
U.S. Code > Title 16 > Chapter 59 - Wetlands Resources
U.S. Code > Title 16 > Chapter 59A - Wetlands
U.S. Code > Title 16 > Chapter 64 - North American Wetlands Conservation
U.S. Code > Title 33 > Chapter 15 - Flood Control
U.S. Code > Title 33 > Chapter 35 - Artificial Reefs
U.S. Code > Title 33 > Chapter 36 - Water Resources Development
U.S. Code > Title 33 > Chapter 42 - Estuary Restoration
U.S. Code > Title 33 > Chapter 46 - National Levee Safety Program
U.S. Code > Title 33 > Chapter 47 - Ocean Exploration
U.S. Code > Title 33 > Chapter 48 - Ocean And Coastal Mapping Integration
U.S. Code > Title 33 > Chapter 49 - Integrated Coastal And Ocean Observation System
U.S. Code > Title 33 > Chapter 50 - Federal Ocean Acidification Research And Monitoring
U.S. Code Title 42 > Chapter 6A > Subchapter XII - Safety Of Public Water Systems
U.S. Code > Title 42 > Chapter 19B - Water Resources Planning
U.S. Code > Title 42 > Chapter 109 - Water Resources Research

Tennessee Code > Title 65 > Chapter 4 > Part 1 > § 65-4-104. Authority's jurisdiction and control of public utilities


Current as of: 2010

The authority has general supervisory and regulatory power, jurisdiction, and control over all public utilities, and also over their property, property rights, facilities, and franchises, so far as may be necessary for the purpose of carrying out the provisions of this chapter. However, such general supervisory and regulatory power and jurisdiction and control shall not apply to street railway companies.

[Acts 1919, ch. 49, § 3; Shan. Supp., § 3059a85; Code 1932, § 5447; Acts 1943, ch. 51, § 1; C. Supp. 1950, § 5447; impl. am. Acts 1955, ch. 69, § 1; T.C.A. (orig. ed.), § 65-404; Acts 1995, ch. 305, § 20.]

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U.S. Code Provisions: Utilities

Federal Regulations: Utilities

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