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The Vermont Statutes Online
Title
10
:
Conservation and Development
Chapter
045
:
CONNECTICUT RIVER FLOOD CONTROL COMPACT
Subchapter
001
:
CONNECTICUT RIVER FLOOD CONTROL COMPACT
§
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 United States Senate and the
members of the United States 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.
