This agreement made and concluded between the commonwealth
of | 11 |
Pennsylvania, acting by and through its lawfully authorized | 12 |
agency, namely, the water and power resources board, as party of | 13 |
the first part, and the state of Ohio, acting by and through its | 14 |
lawfully authorized agency, namely, its conservation
commissioner, | 15 |
as party of the second part, | 16 |
Whereas, By act of assembly of Pennsylvania approved May 2, | 18 |
1929, P. L. 1503, as amended by acts of May 5, 1931, P. O. 84, | 19 |
April 24, 1933, P. L. 67, and July 9, 1935, P. L. 619, the | 20 |
department of forests and waters of Pennsylvania, acting through | 21 |
the water and power resources board, was authorized, inter alia, | 22 |
to complete the work begun and continued under an act approved | 23 |
July 25, 1913, P. L. 1270, entitled "An act providing for the | 24 |
erection of a dam at the outlet of Pymatuning swamp, and the | 25 |
establishment of a reservoir to conserve the waters thereof; | 26 |
providing for the taking of land and materials necessary thereto; | 27 |
vesting certain powers and duties in the water supply commission; | 28 |
and making an appropriation", and did duly complete said work, | 29 |
whereby there was created a lake or reservoir, now known and | 30 |
hereinafter called Pymatuning Lake, extending in part across the | 31 |
boundary line between said states of Ohio and Pennsylvania into | 32 |
the state of Ohio, and | 33 |
Whereas, The primary purposes of the project by which said | 34 |
lake was created was to conserve water draining said swamp, all
of | 35 |
which has its source in Pennsylvania, as well as control
floods | 36 |
and regulate the flow of water in the Shenango and Beaver
rivers, | 37 |
and secondary thereto, permit the water and the land
surrounding | 38 |
the same to be used for fishing, hunting, recreation
and park | 39 |
purposes, under such terms and conditions as the water
and power | 40 |
resources board might determine, in such way or ways as
in the | 41 |
opinion of the said board will not materially interfere
with the | 42 |
primary purpose in said acts of assembly and
hereinbefore | 43 |
specifically referred to, and | 44 |
Whereas, In view of the fact that a certain part of the
lake | 45 |
extends into the state of Ohio, whereby it is necessary and | 46 |
desirable that the use of the lake for the secondary purposes, | 47 |
namely, hunting, fishing, and recreational use, be uniformly | 48 |
provided for, as well as to guard against inconvenience and | 49 |
mischiefs which might hereafter arise from the uncertainty of | 50 |
jurisdiction within and on said lake, to the end that the lake
may | 51 |
be adequately policed and conflicts of jurisdiction for the
arrest | 52 |
and punishment of offenders be avoided. | 53 |
1. General use. It is hereby agreed that the entire | 59 |
Pymatuning lake or reservoir, subject to the primary use thereof | 60 |
by the commonwealth of Pennsylvania for regulating the flow of
the | 61 |
water in the Shenango and Beaver rivers as in paragraph 9 | 62 |
hereinafter more specifically mentioned, shall be open for | 63 |
recreational use equally to the citizens of both contracting | 64 |
parties, save as restricted as to hunting, fishing, and boating in | 65 |
this agreement set forth, or hereafter mutually agreed upon by | 66 |
both parties but no person shall be permitted to hunt or fish | 67 |
therein or thereon unless the lawful holder of a fishing or | 68 |
hunting license, authorizing him or herthe holder so to do, | 69 |
issued by the
proper authorities of Pennsylvania or of Ohio. | 70 |
2. Arrest and prosecution of offenders. That each state
shall | 71 |
enjoy and exercise a concurrent jurisdiction upon the water
(but | 72 |
not upon the dry land), between the shores of said lake,
including | 73 |
the islands therein, with respect to the arrest and
prosecution of | 74 |
offenders, but in such sort that any boat or
vessel fastened to or | 75 |
aground on the shore of either state shall
be considered | 76 |
exclusively within the jurisdiction of said state;
but that all | 77 |
capital and other offenses, trespasses, or damages
committed on or | 78 |
over said lake, the judicial investigation and
determination | 79 |
thereof shall be exclusively vested in the state
wherein the | 80 |
offender or person charged with such offense shall be
first | 81 |
apprehended, arrested, prosecuted, or first brought to
trial; it | 82 |
being the intent of this agreement that an offender may
be pursued | 83 |
and arrested anywhere on or over said lake or shores
thereof or | 84 |
islands therein, regardless of the boundary lines, by
any peace | 85 |
officers or persons of either state authorized to make
arrests, | 86 |
whether the offenses be committed on or over any part of
the lake, | 87 |
on the shores or islands therein, regardless of the
state in which | 88 |
the place where the offense was committed lies. | 89 |
4. Pollution of water. The lake shall be forever
protected | 92 |
against pollution of its waters by industrial trade
waste, | 93 |
individual, or municipal sewage from shore or boat, and
the | 94 |
discharge of any noxious or deleterious substance, liquid or | 95 |
solid, into the waters of the lake which is or may become | 96 |
inimical, or injurious, to public health or to animal or aquatic | 97 |
life is hereby expressly forbidden. | 98 |
5. Boats and vessels. No hydroplanes or aquaplanes, nor
any | 102 |
type of boat motorperson shall operate any watercraft propelled | 103 |
by a single motor, or any combination of motors, that produces a | 104 |
horsepower rating in excess of a ten
horsepower rating shall be | 105 |
operated anywhere on said lake,
except suchon Pymatuning Lake, | 106 |
except a pontoon boat sixteen feet in length or longer propelled | 107 |
by a single motor, or any combination of motors, that produces a | 108 |
horsepower rating of twenty horsepower or less and police or | 109 |
administration motor boatswatercraft, to the number of
which | 110 |
shall be mutually agreed upon by the parties hereto. Sail
boats, | 111 |
row boats, canoes and boats propelled by a motor not in
excess of | 112 |
ten horsepower shall be permitted provided the owners | 113 |
No person shall operate a watercraft without
first obtain | 114 |
obtaining a license from the respective state of which the
owner | 115 |
is a resident under such regulations as each party to this | 116 |
agreement may now or hereafter adopt. Provided nevertheless that | 117 |
the use of any type of boatswatercraft equipped with a motor is | 118 |
expressly limited and
restricted to that portion of the lake | 119 |
extending from the main
dam near Jamestown northwardly to the | 120 |
causeway at or near
Linesville, and provided further, that any | 121 |
boat. Watercraft equipped with a
motor in excess of ten horsepower | 122 |
rating may be operated on said
lake so long as such motor is not | 123 |
used, except for a pontoon boat that is sixteen feet in length or | 124 |
longer. A motor of not more than ten
horsepower rating may
be | 125 |
attached to the boat and used for propelling the boat on said | 126 |
lake. | 127 |
Any one who violates any of the provisions of this
subsection | 135 |
or who operates any boat equipped with a motor on the
lake without | 136 |
being authorized to do so under the provisions of
this | 137 |
subdivision, shall upon conviction thereof, be sentenced to
pay a | 138 |
fine not to exceed fifty dollars and cost of prosecution
and, in | 139 |
default of payment of the fine and costs, shall undergo | 140 |
imprisonment not to exceed thirty daysin accordance with the | 141 |
applicable laws for the same or similar violations within the | 142 |
prosecuting jurisdiction, provided that the penalty for said | 143 |
violation shall not exceed a fine of five hundred dollars or | 144 |
imprisonment for thirty days. | 145 |
6. Fishing. Any person possessing a duly issued fishing | 146 |
license by either state shall be permitted to fish anywhere on
the | 147 |
entire lake (except such portion thereof as is closed to
fishing | 148 |
by paragraph 8 hereof or such further portion as may
hereafter by | 149 |
regulation be mutually agreed to by the parties
hereto), but no | 150 |
fishermanfisher shall be entitled to fish from
the
shores of the | 151 |
state of which hethe fisher is a nonresident
unless hethe fisher | 152 |
complies with the nonresident fishing license law of said state. | 153 |
7. Reciprocal hunting rights. Reciprocal hunting rights
are | 162 |
hereby granted to the licensed hunters of each state on the
water | 163 |
of that portion of the lake, both in Pennsylvania and Ohio,
over | 164 |
the area bounded on the south by an east and west line
crossing | 165 |
the state boundary 0.5 of a mile north of Simons, Ohio,
and on the | 166 |
north by a line drawn between the point at which the
Padanaram | 167 |
road crosses the state boundary and a point formerly
known as the | 168 |
Polleck bridge, but such reciprocal hunting rights
hereby granted | 169 |
shall extend only to such wild migratory birds as
are covered by | 170 |
the federal migratory bird treaty and federal laws
adopted | 171 |
thereunder. | 172 |
8. Wild game and fish sanctuaries. A. The game
commission of | 180 |
the state of Pennsylvania, having established a
wild migratory | 181 |
bird and game sanctuary or refuge in that part of
the lake located | 182 |
southeast of the Pennsylvania railroad crossing,
it is expressly | 183 |
agreed that nothing herein contained shall be
interpreted as | 184 |
entitling the residents of either state, whether
licensed to fish | 185 |
or hunt, or otherwise, to fish in, hunt,
tresspasstrespass, or | 186 |
enter upon said sanctuary for any
purpose whatsoever. Anyone so | 187 |
doing shall become amenable to prosecution
therefor under the game | 188 |
laws of the state of Pennsylvania
applicable to game refuges. | 189 |
Beginning at a point in the west line of lot No. 79, that
is | 197 |
1523 feet south of the north line of lot No. 79; also being
the | 198 |
center line of Padanaram road; thence southerly along the
county | 199 |
highway along the westerly side of lot No. 79, 1869.5 feet
to the | 200 |
north line of Andover township; thence westerly along the | 201 |
northerly line of Andover township, 939.7 feet to the northwest | 202 |
corner of lot No. 41; thence southerly along the highway that | 203 |
marks the westerly line of lot No. 41, 2809.8 feet to the north | 204 |
line of lot No. 42; thence easterly along the north line of lot | 205 |
No. 42, 1000 feet to a point; thence in a southerly direction | 206 |
parallel to and 1000 feet easterly from the westerly line of lot | 207 |
No. 42, 2734 feet, more or less, to the southerly line of lot No. | 208 |
42; thence easterly along the said southerly line of lot No. 42, | 209 |
5180.4 feet to the Ohio and Pennsylvania state line; thence | 210 |
northerly along the said Ohio and Pennsylvania state line, 7297.6 | 211 |
feet, more or less, to a point that is 1523 feet southerly from | 212 |
the north line of lot No. 80; thence in a westerly direction,
1523 | 213 |
feet southerly from and parallel to the north lines of lots
Nos. | 214 |
79 and 80, 5260 feet, more or less, to the place of
beginning. | 215 |
It is expressly agreed that nothing herein contained shall
be | 216 |
interpreted as entitling the residents of either state,
whether | 217 |
licensed to fish or otherwise, to fish in, hunt, trespass,
or | 218 |
enter upon said sanctuary for any purpose whatsoever. Anyone
so | 219 |
doing shall become amenable to prosecution therefor under the
laws | 220 |
of the state of Ohio applicable thereto. | 221 |
9. Reservation of Pennsylvania's right to the body of the | 222 |
water. It is expressly agreed that nothing herein contained
shall | 223 |
operate to deny, limit, or restrict the right of the water
and | 224 |
power resources board of Pennsylvania, or any authority | 225 |
established hereafter by said state to exercise such power, to at | 226 |
any time now or hereafter, raise or draw off so much of the
waters | 227 |
of the lake as in its sole judgment may be necessary to
maintain | 228 |
or regulate the flow of the Shenango and Beaver rivers
in | 229 |
furtherance of the primary purpose for which said lake was | 230 |
established, and said water and power resources board shall, | 231 |
without let or hindrance, have the full right irrespective of | 232 |
other considerations, to release so much of the water as they may | 233 |
deem proper to maintain the flow of the Shenango and Beaver | 234 |
rivers, irrespective of its effect on the level of the lake or
use | 235 |
thereof for other purposes. | 236 |