[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 45 Introduced in Senate (IS)]
2d Session
S. J. RES. 45
Expressing the consent and approval of Congress to an interstate
compact regarding water resources in the Great Lakes--St. Lawrence
River Basin.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 23, 2008
Mr. Levin (for himself, Mr. Voinovich, Mr. Bayh, Mr. Brown, Mr. Casey,
Mrs. Clinton, Mr. Coleman, Mr. Durbin, Mr. Feingold, Ms. Klobuchar, Mr.
Kohl, Mr. Lugar, Mr. Obama, Ms. Stabenow, and Mr. Schumer) introduced
the following joint resolution; which was read twice and referred to
the Committee on the Judiciary
_______________________________________________________________________
JOINT RESOLUTION
Expressing the consent and approval of Congress to an interstate
compact regarding water resources in the Great Lakes--St. Lawrence
River Basin.
Whereas the interstate compact regarding water resources in the Great Lakes--St.
Lawrence River Basin reads as follows:
``AGREEMENT
``Section 1. The states of Illinois, Indiana, Michigan, Minnesota, New York,
Ohio and Wisconsin and the Commonwealth of Pennsylvania hereby solemnly covenant
and agree with each other, upon enactment of concurrent legislation by the
respective state legislatures and consent by the Congress of the United States
as follows:
``GREAT LAKES--ST. LAWRENCE RIVER BASIN WATER RESOURCES COMPACT
``ARTICLE 1
``SHORT TITLE, DEFINITIONS, PURPOSES AND DURATION
``Section 1.1. Short Title. This act shall be known and may be cited as the
``Great Lakes--St. Lawrence River Basin Water Resources Compact.''
``Section 1.2. Definitions. For the purposes of this Compact, and of any
supplemental or concurring legislation enacted pursuant thereto, except as may
be otherwise required by the context:
``Adaptive Management means a Water resources management system that
provides a systematic process for evaluation, monitoring and learning from the
outcomes of operational programs and adjustment of policies, plans and programs
based on experience and the evolution of scientific knowledge concerning Water
resources and Water Dependent Natural Resources.
``Agreement means the Great Lakes--St. Lawrence River Basin Sustainable
Water Resources Agreement.
``Applicant means a Person who is required to submit a Proposal that is
subject to management and regulation under this Compact. Application has a
corresponding meaning.
``Basin or Great Lakes--St. Lawrence River Basin means the watershed of the
Great Lakes and the St. Lawrence River upstream from Trois-Rivieres, Quebec
within the jurisdiction of the Parties.
``Basin Ecosystem or Great Lakes--St. Lawrence River Basin Ecosystem means
the interacting components of air, land, Water and living organisms, including
humankind, within the Basin.
``Community within a Straddling County means any incorporated city, town or
the equivalent thereof, that is located outside the Basin but wholly within a
County that lies partly within the Basin and that is not a Straddling Community.
``Compact means this Compact.
``Consumptive Use means that portion of the Water Withdrawn or withheld from
the Basin that is lost or otherwise not returned to the Basin due to
evaporation, incorporation into Products, or other processes.
``Council means the Great Lakes--St. Lawrence River Basin Water Resources
Council, created by this Compact.
``Council Review means the collective review by the Council members as
described in Article 4 of this Compact.
``County means the largest territorial division for local government in a
State. The County boundaries shall be defined as those boundaries that exist as
of December 13, 2005.
``Cumulative Impacts mean the impact on the Basin Ecosystem that results
from incremental effects of all aspects of a Withdrawal, Diversion or
Consumptive Use in addition to other past, present, and reasonably foreseeable
future Withdrawals, Diversions and Consumptive Uses regardless of who undertakes
the other Withdrawals, Diversions and Consumptive Uses. Cumulative Impacts can
result from individually minor but collectively significant Withdrawals,
Diversions and Consumptive Uses taking place over a period of time.
``Decision-Making Standard means the decision-making standard established by
Section 4.11 for Proposals subject to management and regulation in Section 4.10.
``Diversion means a transfer of Water from the Basin into another watershed,
or from the watershed of one of the Great Lakes into that of another by any
means of transfer, including but not limited to a pipeline, canal, tunnel,
aqueduct, channel, modification of the direction of a water course, a tanker
ship, tanker truck or rail tanker but does not apply to Water that is used in
the Basin or a Great Lake watershed to manufacture or produce a Product that is
then transferred out of the Basin or watershed. Divert has a corresponding
meaning.
``Environmentally Sound and Economically Feasible Water Conservation
Measures mean those measures, methods, technologies or practices for efficient
water use and for reduction of water loss and waste or for reducing a
Withdrawal, Consumptive Use or Diversion that i) are environmentally sound, ii)
reflect best practices applicable to the water use sector, iii) are technically
feasible and available, iv) are economically feasible and cost effective based
on an analysis that considers direct and avoided economic and environmental
costs and v) consider the particular facilities and processes involved, taking
into account the environmental impact, age of equipment and facilities involved,
the processes employed, energy impacts and other appropriate factors.
``Exception means a transfer of Water that is excepted under Section 4.9
from the prohibition against Diversions in Section 4.8.
``Exception Standard means the standard for Exceptions established in
Section 4.9.4.
``Intra-Basin Transfer means the transfer of Water from the watershed of one
of the Great Lakes into the watershed of another Great Lake.
``Measures means any legislation, law, regulation, directive, requirement,
guideline, program, policy, administrative practice or other procedure.
``New or Increased Diversion means a new Diversion, an increase in an
existing Diversion, or the alteration of an existing Withdrawal so that it
becomes a Diversion.
``New or Increased Withdrawal or Consumptive Use means a new Withdrawal or
Consumptive Use or an increase in an existing Withdrawal or Consumptive Use.
``Originating Party means the Party within whose jurisdiction an Application
or registration is made or required.
``Party means a State party to this Compact.
``Person means a human being or a legal person, including a government or a
nongovernmental organization, including any scientific, professional, business,
non-profit, or public interest organization or association that is neither
affiliated with, nor under the direction of a government.
``Product means something produced in the Basin by human or mechanical
effort or through agricultural processes and used in manufacturing, commercial
or other processes or intended for intermediate or end use consumers. (i) Water
used as part of the packaging of a Product shall be considered to be part of the
Product. (ii) Other than Water used as part of the packaging of a Product, Water
that is used primarily to transport materials in or out of the Basin is not a
Product or part of a Product. (iii) Except as provided in (i) above, Water which
is transferred as part of a public or private supply is not a Product or part of
a Product. (iv) Water in its natural state such as in lakes, rivers, reservoirs,
aquifers, or water basins is not a Product.
``Proposal means a Withdrawal, Diversion or Consumptive Use of Water that is
subject to this Compact.
``Province means Ontario or Quebec.
``Public Water Supply Purposes means water distributed to the public through
a physically connected system of treatment, storage and distribution facilities
serving a group of largely residential customers that may also serve industrial,
commercial, and other institutional operators. Water Withdrawn directly from the
Basin and not through such a system shall not be considered to be used for
Public Water Supply Purposes.
``Regional Body means the members of the Council and the Premiers of Ontario
and Quebec or their designee as established by the Agreement.
``Regional Review means the collective review by the Regional Body as
described in Article 4 of this Compact.
``Source Watershed means the watershed from which a Withdrawal originates.
If Water is Withdrawn directly from a Great Lake or from the St. Lawrence River,
then the Source Watershed shall be considered to be the watershed of that Great
Lake or the watershed of the St. Lawrence River, respectively. If Water is
Withdrawn from the watershed of a stream that is a direct tributary to a Great
Lake or a direct tributary to the St. Lawrence River, then the Source Watershed
shall be considered to be the watershed of that Great Lake or the watershed of
the St. Lawrence River, respectively, with a preference to the direct tributary
stream watershed from which it was Withdrawn.
``Standard of Review and Decision means the Exception Standard, Decision-
Making Standard and reviews as outlined in Article 4 of this Compact.
``State means one of the states of Illinois, Indiana, Michigan, Minnesota,
New York, Ohio or Wisconsin or the Commonwealth of Pennsylvania.
``Straddling Community means any incorporated city, town or the equivalent
thereof, wholly within any County that lies partly or completely within the
Basin, whose corporate boundary existing as of the effective date of this
Compact, is partly within the Basin or partly within two Great Lakes watersheds.
``Technical Review means a detailed review conducted to determine whether or
not a Proposal that requires Regional Review under this Compact meets the
Standard of Review and Decision following procedures and guidelines as set out
in this Compact.
``Water means ground or surface water contained within the Basin.
``Water Dependent Natural Resources means the interacting components of
land, Water and living organisms affected by the Waters of the Basin.
``Waters of the Basin or Basin Water means the Great Lakes and all streams,
rivers, lakes, connecting channels and other bodies of water, including
tributary groundwater, within the Basin.
``Withdrawal means the taking of water from surface water or groundwater.
Withdraw has a corresponding meaning.
``Section 1.3. Findings and Purposes.
``The legislative bodies of the respective Parties hereby find and declare:
``1. Findings:
``a. The Waters of the Basin are precious public natural
resources shared and held in trust by the States;
``b. The Waters of the Basin are interconnected and part of
a single hydrologic system;
``c. The Waters of the Basin can concurrently serve multiple
uses. Such multiple uses include municipal, public, industrial,
commercial, agriculture, mining, navigation, energy development
and production, recreation, the subsistence, economic and
cultural activities of native peoples, Water quality
maintenance, and the maintenance of fish and wildlife habitat
and a balanced ecosystem. And, other purposes are encouraged,
recognizing that such uses are interdependent and must be
balanced;
``d. Future Diversions and Consumptive Uses of Basin Water
resources have the potential to significantly impact the
environment, economy and welfare of the Great Lakes--St.
Lawrence River region;
``e. Continued sustainable, accessible and adequate Water
supplies for the people and economy of the Basin are of vital
importance; and,
``f. The Parties have a shared duty to protect, conserve,
restore, improve and manage the renewable but finite Waters of
the Basin for the use, benefit and enjoyment of all their
citizens, including generations yet to come. The most effective
means of protecting, conserving, restoring, improving and
managing the Basin Waters is through the joint pursuit of
unified and cooperative principles, policies and programs
mutually-agreed upon, enacted and adhered to by all Parties.
``2. Purposes:
``a. To act together to protect, conserve, restore, improve and
effectively manage the Waters and Water Dependent Natural Resources of
the Basin under appropriate arrangements for intergovernmental
cooperation and consultation because current lack of full scientific
certainty should not be used as a reason for postponing measures to
protect the Basin Ecosystem;
``b. To remove causes of present and future controversies;
``c. To provide for cooperative planning and action by the Parties
with respect to such Water resources;
``d. To facilitate consistent approaches to Water management across
the Basin while retaining State management authority over Water
management decisions within the Basin;
``e. To facilitate the exchange of data, strengthen the scientific
information base upon which decisions are made and engage in
consultation on the potential effects of proposed Withdrawals and losses
on the Waters and Water Dependent Natural Resources of the Basin;
``f. To prevent significant adverse impacts of Withdrawals and
losses on the Basin's ecosystems and watersheds;
``g. To promote interstate and State-Provincial comity; and,
``h. To promote an Adaptive Management approach to the conservation
and management of Basin Water resources, which recognizes, considers and
provides adjustments for the uncertainties in, and evolution of,
scientific knowledge concerning the Basin's Waters and Water Dependent
Natural Resources.
``Section 1.4. Science.
``1. The Parties commit to provide leadership for the development of a
collaborative strategy with other regional partners to strengthen the scientific
basis for sound Water management decision making under this Compact.
``2. The strategy shall guide the collection and application of scientific
information to support:
``a. An improved understanding of the individual and Cumulative
Impacts of Withdrawals from various locations and Water sources on the
Basin Ecosystem and to develop a mechanism by which impacts of
Withdrawals may be assessed;
``b. The periodic assessment of Cumulative Impacts of Withdrawals,
Diversions and Consumptive Uses on a Great Lake and St. Lawrence River
watershed basis;
``c. Improved scientific understanding of the Waters of the Basin;
``d. Improved understanding of the role of groundwater in Basin
Water resources management; and,
``e. The development, transfer and application of science and
research related to Water conservation and Water use efficiency.
``ARTICLE 2
``ORGANIZATION
``Section 2.1. Council Created.
``The Great Lakes--St. Lawrence River Basin Water Resources Council is
hereby created as a body politic and corporate, with succession for the duration
of this Compact, as an agency and instrumentality of the governments of the
respective Parties.
``Section 2.2. Council Membership.
``The Council shall consist of the Governors of the Parties, ex officio.
``Section 2.3. Alternates.
``Each member of the Council shall appoint at least one alternate who may
act in his or her place and stead, with authority to attend all meetings of the
Council and with power to vote in the absence of the member. Unless otherwise
provided by law of the Party for which he or she is appointed, each alternate
shall serve during the term of the member appointing him or her, subject to
removal at the pleasure of the member. In the event of a vacancy in the office
of alternate, it shall be filled in the same manner as an original appointment
for the unexpired term only.
``Section 2.4. Voting.
``1. Each member is entitled to one vote on all matters that may come before
the Council.
``2. Unless otherwise stated, the rule of decision shall be by a simple
majority.
``3. The Council shall annually adopt a budget for each fiscal year and the
amount required to balance the budget shall be apportioned equitably among the
Parties by unanimous vote of the Council. The appropriation of such amounts
shall be subject to such review and approval as may be required by the budgetary
processes of the respective Parties.
``4. The participation of Council members from a majority of the Parties
shall constitute a quorum for the transaction of business at any meeting of the
Council.
``Section 2.5. Organization and Procedure.
``The Council shall provide for its own organization and procedure, and may
adopt rules and regulations governing its meetings and transactions, as well as
the procedures and timeline for submission, review and consideration of
Proposals that come before the Council for its review and action. The Council
shall organize, annually, by the election of a Chair and Vice Chair from among
its members. Each member may appoint an advisor, who may attend all meetings of
the Council and its committees, but shall not have voting power. The Council may
employ or appoint professional and administrative personnel, including an
Executive Director, as it may deem advisable, to carry out the purposes of this
Compact.
``Section 2.6. Use of Existing Offices and Agencies.
``It is the policy of the Parties to preserve and utilize the functions,
powers and duties of existing offices and agencies of government to the extent
consistent with this Compact. Further, the Council shall promote and aid the
coordination of the activities and programs of the Parties concerned with Water
resources management in the Basin. To this end, but without limitation, the
Council may:
``1. Advise, consult, contract, assist or otherwise cooperate with
any and all such agencies;
``2. Employ any other agency or instrumentality of any of the
Parties for any purpose; and,
``3. Develop and adopt plans consistent with the Water resources
plans of the Parties.
``Section 2.7. Jurisdiction.
``The Council shall have, exercise and discharge its functions, powers and
duties within the limits of the Basin. Outside the Basin, it may act in its
discretion, but only to the extent such action may be necessary or convenient to
effectuate or implement its powers or responsibilities within the Basin and
subject to the consent of the jurisdiction wherein it proposes to act.
``Section 2.8. Status, Immunities and Privileges.
``1. The Council, its members and personnel in their official capacity and
when engaged directly in the affairs of the Council, its property and its
assets, wherever located and by whomsoever held, shall enjoy the same immunity
from suit and every form of judicial process as is enjoyed by the Parties,
except to the extent that the Council may expressly waive its immunity for the
purposes of any proceedings or by the terms of any contract.
``2. The property and assets of the Council, wherever located and by
whomsoever held, shall be considered public property and shall be immune from
search, requisition, confiscation, expropriation or any other form of taking or
foreclosure by executive or legislative action.
``3. The Council, its property and its assets, income and the operations it
carries out pursuant to this Compact shall be immune from all taxation by or
under the authority of any of the Parties or any political subdivision thereof;
provided, however, that in lieu of property taxes the Council may make
reasonable payments to local taxing districts in annual amounts which shall
approximate the taxes lawfully assessed upon similar property.
``Section 2.9. Advisory Committees.
``The Council may constitute and empower advisory committees, which may be
comprised of representatives of the public and of federal, State, tribal, county
and local governments, water resources agencies, water-using industries and
sectors, water-interest groups and academic experts in related fields.
``ARTICLE 3
``GENERAL POWERS AND DUTIES
``Section 3.1. General.
``The Waters and Water Dependent Natural Resources of the Basin are subject
to the sovereign right and responsibilities of the Parties, and it is the
purpose of this Compact to provide for joint exercise of such powers of
sovereignty by the Council in the common interests of the people of the region,
in the manner and to the extent provided in this Compact. The Council and the
Parties shall use the Standard of Review and Decision and procedures contained
in or adopted pursuant to this Compact as the means to exercise their authority
under this Compact.
The Council may revise the Standard of Review and Decision, after consultation
with the Provinces and upon unanimous vote of all Council members, by regulation
duly adopted in accordance with Section 3.3 of this Compact and in accordance
with each Party's respective statutory authorities and applicable procedures.
The Council shall identify priorities and develop plans and policies relating to
Basin Water resources. It shall adopt and promote uniform and coordinated
policies for Water resources conservation and management in the Basin.
``Section 3.2. Council Powers.
``The Council may: plan; conduct research and collect, compile, analyze,
interpret, report and disseminate data on Water resources and uses; forecast
Water levels; conduct investigations; institute court actions; design, acquire,
construct, reconstruct, own, operate, maintain, control, sell and convey real
and personal property and any interest therein as it may deem necessary, useful
or convenient to carry out the purposes of this Compact; make contracts; receive
and accept such payments, appropriations, grants, gifts, loans, advances and
other funds, properties and services as may be transferred or made available to
it by any Party or by any other public or private agency, corporation or
individual; and, exercise such other and different powers as may be delegated to
it by this Compact or otherwise pursuant to law, and have and exercise all
powers necessary or convenient to carry out its express powers or which may be
reasonably implied therefrom.
``Section 3.3. Rules and Regulations.
``1. The Council may promulgate and enforce such rules and regulations as
may be necessary for the implementation and enforcement of this Compact. The
Council may adopt by regulation, after public notice and public hearing,
reasonable Application fees with respect to those Proposals for Exceptions that
are subject to Council review under Section 4.9. Any rule or regulation of the
Council, other than one which deals solely with the internal management of the
Council or its property, shall be adopted only after public notice and hearing.
``2. Each Party, in accordance with its respective statutory authorities and
applicable procedures, may adopt and enforce rules and regulations to implement
and enforce this Compact and the programs adopted by such Party to carry out the
management programs contemplated by this Compact.
``Section 3.4. Program Review and Findings.
``1. Each Party shall submit a report to the Council and the Regional Body
detailing its Water management and conservation and efficiency programs that
implement this Compact. The report shall set out the manner in which Water
Withdrawals are managed by sector, Water source, quantity or any other means,
and how the provisions of the Standard of Review and Decision and conservation
and efficiency programs are implemented. The first report shall be provided by
each Party one year from the effective date of this Compact and thereafter every
5 years.
``2. The Council, in cooperation with the Provinces, shall review its Water
management and conservation and efficiency programs and those of the Parties
that are established in this Compact and make findings on whether the Water
management program provisions in this Compact are being met, and if not,
recommend options to assist the Parties in meeting the provisions of this
Compact. Such review shall take place:
``a. 30 days after the first report is submitted by all Parties;
and,
``b. Every five years after the effective date of this Compact; and,
``c. At any other time at the request of one of the Parties.
``3. As one of its duties and responsibilities, the Council may recommend a
range of approaches to the Parties with respect to the development, enhancement
and application of Water management and conservation and efficiency programs to
implement the Standard of Review and Decision reflecting improved scientific
understanding of the Waters of the Basin, including groundwater, and the impacts
of Withdrawals on the Basin Ecosystem.
``ARTICLE 4
``WATER MANAGEMENT AND REGULATION
``Section 4.1. Water Resources Inventory, Registration and Reporting.
``1. Within five years of the effective date of this Compact, each Party
shall develop and maintain a Water resources inventory for the collection,
interpretation, storage, retrieval exchange, and dissemination of information
concerning the Water resources of the Party, including, but not limited to,
information on the location, type, quantity, and use of those resources and the
location, type, and quantity of Withdrawals, Diversions and Consumptive Uses. To
the extent feasible, the Water resources inventory shall be developed in
cooperation with local, State, federal, tribal and other private agencies and
entities, as well as the Council. Each Party's agencies shall cooperate with
that Party in the development and maintenance of the inventory.
``2. The Council shall assist each Party to develop a common base of data
regarding the management of the Water Resources of the Basin and to establish
systematic arrangements for the exchange of those data with other States and
Provinces.
``3. To develop and maintain a compatible base of Water use information,
within five years of the effective date of this Compact any Person who Withdraws
Water in an amount of 100,000 gallons per day or greater average in any 30-day
period (including Consumptive Uses) from all sources, or Diverts Water of any
amount, shall register the Withdrawal or Diversion by a date set by the Council
unless the Person has previously registered in accordance with an existing State
program. The Person shall register the Withdrawal or Diversion with the
Originating Party using a form prescribed by the Originating Party that shall
include, at a minimum and without limitation: the name and address of the
registrant and date of registration; the locations and sources of the Withdrawal
or Diversion; the capacity of the Withdrawal or Diversion per day and the amount
Withdrawn or Diverted from each source; the uses made of the Water; places of
use and places of discharge; and, such other information as the Originating
Party may require. All registrations shall include an estimate of the volume of
the Withdrawal or Diversion in terms of gallons per day average in any 30-day
period.
``4. All registrants shall annually report the monthly volumes of the
Withdrawal, Consumptive Use and Diversion in gallons to the Originating Party
and any other information requested by the Originating Party.
``5. Each Party shall annually report the information gathered pursuant to
this Section to a Great Lakes--St. Lawrence River Water use data base repository
and aggregated information shall be made publicly available, consistent with the
confidentiality requirements in Section 8.3.
``6. Information gathered by the Parties pursuant to this Section shall be
used to improve the sources and applications of scientific information regarding
the Waters of the Basin and the impacts of the Withdrawals and Diversions from
various locations and Water sources on the Basin Ecosystem, and to better
understand the role of groundwater in the Basin. The Council and the Parties
shall coordinate the collection and application of scientific information to
further develop a mechanism by which individual and Cumulative Impacts of
Withdrawals, Consumptive Uses and Diversions shall be assessed.
``Section 4.2. Water Conservation and Efficiency Programs.
``1. The Council commits to identify, in cooperation with the Provinces,
Basin-wide Water conservation and efficiency objectives to assist the Parties in
developing their Water conservation and efficiency program. These objectives are
based on the goals of:
``a. Ensuring improvement of the Waters and Water Dependent Natural
Resources;
``b. Protecting and restoring the hydrologic and ecosystem integrity
of the Basin;
``c. Retaining the quantity of surface water and groundwater in the
Basin;
``d. Ensuring sustainable use of Waters of the Basin; and,
``e. Promoting the efficiency of use and reducing losses and waste
of Water.
``2. Within two years of the effective date of this Compact, each Party
shall develop its own Water conservation and efficiency goals and objectives
consistent with the Basin-wide goals and objectives, and shall develop and
implement a Water conservation and efficiency program, either voluntary or
mandatory, within its jurisdiction based on the Party's goals and objectives.
Each Party shall annually assess its programs in meeting the Party's goals and
objectives, report to the Council and the Regional Body and make this annual
assessment available to the public.
``3. Beginning five years after the effective date of this Compact, and
every five years thereafter, the Council, in cooperation with the Provinces,
shall review and modify as appropriate the Basin-wide objectives, and the
Parties shall have regard for any such modifications in implementing their
programs. This assessment will be based on examining new technologies, new
patterns of Water use, new resource demands and threats, and Cumulative Impact
assessment under Section 4.15.
``4. Within two years of the effective date of this Compact, the Parties
commit to promote Environmentally Sound and Economically Feasible Water
Conservation Measures such as:
``a. Measures that promote efficient use of Water;
``b. Identification and sharing of best management practices and
state of the art conservation and efficiency technologies;
``c. Application of sound planning principles;
``d. Demand-side and supply-side Measures or incentives; and,
``e. Development, transfer and application of science and research.
``5. Each Party shall implement in accordance with paragraph 2 above a
voluntary or mandatory Water conservation program for all, including existing,
Basin Water users. Conservation programs need to adjust to new demands and the
potential impacts of cumulative effects and climate.
``Section 4.3. Party Powers and Duties.
``1. Each Party, within its jurisdiction, shall manage and regulate New or
Increased Withdrawals, Consumptive Uses and Diversions, including Exceptions, in
accordance with this Compact.
``2. Each Party shall require an Applicant to submit an Application in such
manner and with such accompanying information as the Party shall prescribe.
``3. No Party may approve a Proposal if the Party determines that the
Proposal is inconsistent with this Compact or the Standard of Review and
Decision or any implementing rules or regulations promulgated thereunder. The
Party may approve, approve with modifications or disapprove any Proposal
depending on the Proposal's consistency with this Compact and the Standard of
Review and Decision.
``4. Each Party shall monitor the implementation of any approved Proposal to
ensure consistency with the approval and may take all necessary enforcement
actions.
``5. No Party shall approve a Proposal subject to Council or Regional
Review, or both, pursuant to this Compact unless it shall have been first
submitted to and reviewed by either the Council or Regional Body, or both, and
approved by the Council, as applicable. Sufficient opportunity shall be provided
for comment on the Proposal's consistency with this Compact and the Standard of
Review and Decision. All such comments shall become part of the Party's formal
record of decision, and the Party shall take into consideration any such
comments received.
``Section 4.4. Requirement for Originating Party Approval.
``No Proposal subject to management and regulation under this Compact shall
hereafter be undertaken by any Person unless it shall have been approved by the
Originating Party.
``Section 4.5. Regional Review.
``1. General.
``a. It is the intention of the Parties to participate in Regional
Review of Proposals with the Provinces, as described in this Compact and
the Agreement.
``b. Unless the Applicant or the Originating Party otherwise
requests, it shall be the goal of the Regional Body to conclude its
review no later than 90 days after notice under Section 4.5.2 of such
Proposal is received from the Originating Party.
``c. Proposals for Exceptions subject to Regional Review shall be
submitted by the Originating Party to the Regional Body for Regional
Review, and where applicable, to the Council for concurrent review.
``d. The Parties agree that the protection of the integrity of the
Great Lakes - St. Lawrence River Basin Ecosystem shall be the
overarching principle for reviewing Proposals subject to Regional
Review, recognizing uncertainties with respect to demands that may be
placed on Basin Water, including groundwater, levels and flows of the
Great Lakes and the St. Lawrence River, future changes in environmental
conditions, the reliability of existing data and the extent to which
Diversions may harm the integrity of the Basin Ecosystem.
``e. The Originating Party shall have lead responsibility for
coordinating information for resolution of issues related to evaluation
of a Proposal, and shall consult with the Applicant throughout the
Regional Review Process.
``f. A majority of the members of the Regional Body may request
Regional Review of a regionally significant or potentially precedent
setting Proposal. Such Regional Review must be conducted, to the extent
possible, within the time frames set forth in this Section. Any such
Regional Review shall be undertaken only after consulting the Applicant.
``2. Notice from Originating Party to the Regional Body.
``a. The Originating Party shall determine if a Proposal is subject
to Regional Review. If so, the Originating Party shall provide timely
notice to the Regional Body and the public.
``b. Such notice shall not be given unless and until all
information, documents and the Originating Party's Technical Review
needed to evaluate whether the Proposal meets the Standard of Review and
Decision have been provided.
``c. An Originating Party may:
``i. Provide notice to the Regional Body of an Application,
even if notification is not required; or,
``ii. Request Regional Review of an application, even if
Regional Review is not required. Any such Regional Review shall
be undertaken only after consulting the Applicant.
``d. An Originating Party may provide preliminary notice of a
potential Proposal.
``3. Public Participation.
``a. To ensure adequate public participation, the Regional Body
shall adopt procedures for the review of Proposals that are subject to
Regional Review in accordance with this Article.
``b. The Regional Body shall provide notice to the public of a
Proposal undergoing Regional Review. Such notice shall indicate that the
public has an opportunity to comment in writing to the Regional Body on
whether the Proposal meets the Standard of Review and Decision.
``c. The Regional Body shall hold a public meeting in the State or
Province of the Originating Party in order to receive public comment on
the issue of whether the Proposal under consideration meets the Standard
of Review and Decision.
``d. The Regional Body shall consider the comments received before
issuing a Declaration of Finding.
``e. The Regional Body shall forward the comments it receives to the
Originating Party.
``4. Technical Review.
``a. The Originating Party shall provide the Regional Body with its
Technical Review of the Proposal under consideration.
``b. The Originating Party's Technical Review shall thoroughly
analyze the Proposal and provide an evaluation of the Proposal
sufficient for a determination of whether the Proposal meets the
Standard of Review and Decision.
``c. Any member of the Regional Body may conduct their own Technical
Review of any Proposal subject to Regional Review.
``d. At the request of the majority of its members, the Regional
Body shall make such arrangements as it considers appropriate for an
independent Technical Review of a Proposal.
``e. All Parties shall exercise their best efforts to ensure that a
Technical Review undertaken under Sections 4.5.4.c and 4.5.4.d does not
unnecessarily delay the decision by the Originating Party on the
Application. Unless the Applicant or the Originating Party otherwise
requests, all Technical Reviews shall be completed no later than 60 days
after the date the notice of the Proposal was given to the Regional
Body.
``5. Declaration of Finding.
``a. The Regional Body shall meet to consider a Proposal. The
Applicant shall be provided with an opportunity to present the Proposal
to the Regional Body at such time.
``b. The Regional Body, having considered the notice, the
Originating Party's Technical Review, any other independent Technical
Review that is made, any comments or objections including the analysis
of comments made by the public, First Nations and federally recognized
Tribes, and any other information that is provided under this Compact
shall issue a Declaration of Finding that the Proposal under
consideration:
``i. Meets the Standard of Review and Decision;
``ii. Does not meet the Standard of Review and Decision; or,
``iii. Would meet the Standard of Review and Decision if
certain conditions were met.
``c. An Originating Party may decline to participate in a
Declaration of Finding made by the Regional Body.
``d. The Parties recognize and affirm that it is preferable for all
members of the Regional Body to agree whether the Proposal meets the
Standard of Review and Decision.
``e. If the members of the Regional Body who participate in the
Declaration of Finding all agree, they shall issue a written Declaration
of Finding with consensus.
``f. In the event that the members cannot agree, the Regional Body
shall make every reasonable effort to achieve consensus within 25 days.
``g. Should consensus not be achieved, the Regional Body may issue a
Declaration of Finding that presents different points of view and
indicates each Party's conclusions.
``h. The Regional Body shall release the Declarations of Finding to
the public.
``i. The Originating Party and the Council shall consider the
Declaration of Finding before making a decision on the Proposal.
``Section 4.6. Proposals Subject to Prior Notice.
``1. Beginning no later than five years of the effective date of this
Compact, the Originating Party shall provide all Parties and the Provinces with
detailed and timely notice and an opportunity to comment within 90 days on any
Proposal for a New or Increased Consumptive Use of 5 million gallons per day or
greater average in any 90- day period. Comments shall address whether or not the
Proposal is consistent with the Standard of Review and Decision. The Originating
Party shall provide a response to any such comment received from another Party.
``2. A Party may provide notice, an opportunity to comment and a response to
comments even if this is not required under paragraph 1 of this Section. Any
provision of such notice and opportunity to comment shall be undertaken only
after consulting the Applicant.
``Section 4.7. Council Actions.
``1. Proposals for Exceptions subject to Council Review shall be submitted
by the Originating Party to the Council for Council Review, and where
applicable, to the Regional Body for concurrent review.
``2. The Council shall review and take action on Proposals in accordance
with this Compact and the Standard of Review and Decision. The Council shall not
take action on a Proposal subject to Regional Review pursuant to this Compact
unless the Proposal shall have been first submitted to and reviewed by the
Regional Body. The Council shall consider any findings resulting from such
review.
``Section 4.8. Prohibition of New or Increased Diversions.
``All New or Increased Diversions are prohibited, except as provided for in
this Article.
``Section 4.9. Exceptions to the Prohibition of Diversions.
``1. Straddling Communities. A Proposal to transfer Water to an area within
a Straddling Community but outside the Basin or outside the source Great Lake
Watershed shall be excepted from the prohibition against Diversions and be
managed and regulated by the Originating Party provided that, regardless of the
volume of Water transferred, all the Water so transferred shall be used solely
for Public Water Supply Purposes within the Straddling Community, and:
``a. All Water Withdrawn from the Basin shall be returned, either
naturally or after use, to the Source Watershed less an allowance for
Consumptive Use. No surface water or groundwater from outside the Basin
may be used to satisfy any portion of this criterion except if it:
``i. Is part of a water supply or wastewater treatment
system that combines water from inside and outside of the Basin;
``ii. Is treated to meet applicable water quality discharge
standards and to prevent the introduction of invasive species
into the Basin;
``iii. Maximizes the portion of water returned to the Source
Watershed as Basin Water and minimizes the surface water or
groundwater from outside the Basin;
``b. If the Proposal results from a New or Increased Withdrawal of
100,000 gallons per day or greater average over any 90-day period, the
Proposal shall also meet the Exception Standard; and,
``c. If the Proposal results in a New or Increased Consumptive Use
of 5 million gallons per day or greater average over any 90-day period,
the Proposal shall also undergo Regional Review.
``2. Intra-Basin Transfer. A Proposal for an Intra-Basin Transfer that would
be considered a Diversion under this Compact, and not already excepted pursuant
to paragraph 1 of this Section, shall be excepted from the prohibition against
Diversions, provided that:
``a. If the Proposal results from a New or Increased Withdrawal less
than 100,000 gallons per day average over any 90-day period, the
Proposal shall be subject to management and regulation at the discretion
of the Originating Party.
``b. If the Proposal results from a New or Increased Withdrawal
100,000 gallons per day or greater average over any 90-day period and if
the Consumptive Use resulting from the Withdrawal is less than 5 million
gallons per day average over any 90-day period:
``i. The Proposal shall meet the Exception Standard and be
subject to management and regulation by the Originating Party,
except that the Water may be returned to another Great Lake
watershed rather than the Source Watershed;
``ii. The Applicant shall demonstrate that there is no
feasible, cost effective, and environmentally sound water supply
alternative within the Great Lake watershed to which the Water
will be transferred, including conservation of existing water
supplies; and,
``iii. The Originating Party shall provide notice to the
other Parties prior to making any decision with respect to the
Proposal.
``c. If the Proposal results in a New or Increased Consumptive Use
of 5 million gallons per day or greater average over any 90-day period:
``i. The Proposal shall be subject to management and
regulation by the Originating Party and shall meet the Exception
Standard, ensuring that Water Withdrawn shall be returned to the
Source Watershed;
``ii. The Applicant shall demonstrate that there is no
feasible, cost effective, and environmentally sound water supply
alternative within the Great Lake watershed to which the Water
will be transferred, including conservation of existing water
supplies;
``iii. The Proposal undergoes Regional Review; and,
``iv. The Proposal is approved by the Council. Council
approval shall be given unless one or more Council Members vote
to disapprove.
``3. Straddling Counties. A Proposal to transfer Water to a Community within
a Straddling County that would be considered a Diversion under this Compact
shall be excepted from the prohibition against Diversions, provided that it
satisfies all of the following conditions:
``a. The Water shall be used solely for the Public Water Supply
Purposes of the Community within a Straddling County that is without
adequate supplies of potable water;
``b. The Proposal meets the Exception Standard, maximizing the
portion of water returned to the Source Watershed as Basin Water and
minimizing the surface water or groundwater from outside the Basin;
``c. The Proposal shall be subject to management and regulation by
the Originating Party, regardless of its size;
``d. There is no reasonable water supply alternative within the
basin in which the community is located, including conservation of
existing water supplies;
``e. Caution shall be used in determining whether or not the
Proposal meets the conditions for this Exception. This Exception should
not be authorized unless it can be shown that it will not endanger the
integrity of the Basin Ecosystem;
``f. The Proposal undergoes Regional Review; and,
``g. The Proposal is approved by the Council. Council approval shall
be given unless one or more Council Members vote to disapprove.
A Proposal must satisfy all of the conditions listed above. Further, substantive
consideration will also be given to whether or not the Proposal can provide
sufficient scientifically based evidence that the existing water supply is
derived from groundwater that is hydrologically interconnected to Waters of the
Basin.
``4. Exception Standard. Proposals subject to management and regulation in
this Section shall be declared to meet this Exception Standard and may be
approved as appropriate only when the following criteria are met:
``a. The need for all or part of the proposed Exception cannot be
reasonably avoided through the efficient use and conservation of
existing water supplies;
``b. The Exception will be limited to quantities that are considered
reasonable for the purposes for which it is proposed;
``c. All Water Withdrawn shall be returned, either naturally or
after use, to the Source Watershed less an allowance for Consumptive
Use. No surface water or groundwater from the outside the Basin may be
used to satisfy any portion of this criterion except if it:
``i. Is part of a water supply or wastewater treatment
system that combines water from inside and outside of the Basin;
``ii. Is treated to meet applicable water quality discharge
standards and to prevent the introduction of invasive species
into the Basin;
``d. The Exception will be implemented so as to ensure that it will
result in no significant individual or cumulative adverse impacts to the
quantity or quality of the Waters and Water Dependent Natural Resources
of the Basin with consideration given to the potential Cumulative
Impacts of any precedent-setting consequences associated with the
Proposal;
``e. The Exception will be implemented so as to incorporate
Environmentally Sound and Economically Feasible Water Conservation
Measures to minimize Water Withdrawals or Consumptive Use;
``f. The Exception will be implemented so as to ensure that it is in
compliance with all applicable municipal, State and federal laws as well
as regional interstate and international agreements, including the
Boundary Waters Treaty of 1909; and,
``g. All other applicable criteria in Section 4.9 have also been
met.
``Section 4.10. Management and Regulation of New or Increased Withdrawals and
Consumptive Uses.
``1. Within five years of the effective date of this Compact, each Party
shall create a program for the management and regulation of New or Increased
Withdrawals and Consumptive Uses by adopting and implementing Measures
consistent with the Decision-Making Standard. Each Party, through a considered
process, shall set and may modify threshold levels for the regulation of New or
Increased Withdrawals in order to assure an effective and efficient Water
management program that will ensure that uses overall are reasonable, that
Withdrawals overall will not result in significant impacts to the Waters and
Water Dependent Natural Resources of the Basin, determined on the basis of
significant impacts to the physical, chemical, and biological integrity of
Source Watersheds, and that all other objectives of the Compact are achieved.
Each Party may determine the scope and thresholds of its program, including
which New or Increased Withdrawals and Consumptive Uses will be subject to the
program.
``2. Any Party that fails to set threshold levels that comply with Section
4.10.1 any time before 10 years after the effective date of this Compact shall
apply a threshold level for management and regulation of all New or Increased
Withdrawals of 100,000 gallons per day or greater average in any 90 day period.
``3. The Parties intend programs for New or Increased Withdrawals and
Consumptive Uses to evolve as may be necessary to protect Basin Waters. Pursuant
to Section 3.4, the Council, in cooperation with the Provinces, shall
periodically assess the Water management programs of the Parties. Such
assessments may produce recommendations for the strengthening of the programs,
including without limitation, establishing lower thresholds for management and
regulation in accordance with the Decision-Making Standard.
``Section 4.11. Decision-Making Standard.
``Proposals subject to management and regulation in Section 4.10 shall be
declared to meet this Decision-Making Standard and may be approved as
appropriate only when the following criteria are met:
``1. All Water Withdrawn shall be returned, either naturally or
after use, to the Source Watershed less an allowance for Consumptive
Use;
``2. The Withdrawal or Consumptive Use will be implemented so as to
ensure that the Proposal will result in no significant individual or
cumulative adverse impacts to the quantity or quality of the Waters and
Water Dependent Natural Resources and the applicable Source Watershed;
``3. The Withdrawal or Consumptive Use will be implemented so as to
incorporate Environmentally Sound and Economically Feasible Water
Conservation Measures;
``4. The Withdrawal or Consumptive Use will be implemented so as to
ensure that it is in compliance with all applicable municipal, State and
federal laws as well as regional interstate and international
agreements, including the Boundary Waters Treaty of 1909;
``5. The proposed use is reasonable, based upon a consideration of
the following factors:
``a. Whether the proposed Withdrawal or Consumptive Use is
planned in a fashion that provides for efficient use of the
water, and will avoid or minimize the waste of Water;
``b. If the Proposal is for an increased Withdrawal or
Consumptive use, whether efficient use is made of existing water
supplies;
``c. The balance between economic development, social
development and environmental protection of the proposed
Withdrawal and use and other existing or planned withdrawals and
water uses sharing the water source;
``d. The supply potential of the water source, considering
quantity, quality, and reliability and safe yield of
hydrologically interconnected water sources;
``e. The probable degree and duration of any adverse impacts
caused or expected to be caused by the proposed Withdrawal and
use under foreseeable conditions, to other lawful consumptive or
non-consumptive uses of water or to the quantity or quality of
the Waters and Water Dependent Natural Resources of the Basin,
and the proposed plans and arrangements for avoidance or
mitigation of such impacts; and,
``f. If a Proposal includes restoration of hydrologic
conditions and functions of the Source Watershed, the Party may
consider that.
``Section 4.12. Applicability.
``1. Minimum Standard. This Standard of Review and Decision shall be used as
a minimum standard. Parties may impose a more restrictive decision-making
standard for Withdrawals under their authority. It is also acknowledged that
although a Proposal meets the Standard of Review and Decision it may not be
approved under the laws of the Originating Party that has implemented more
restrictive Measures.
``2. Baseline.
``a. To establish a baseline for determining a New or Increased
Diversion, Consumptive Use or Withdrawal, each Party shall develop
either or both of the following lists for their jurisdiction:
``i. A list of existing Withdrawal approvals as of the
effective date of the Compact;
``ii. A list of the capacity of existing systems as of the
effective date of this Compact. The capacity of the existing
systems should be presented in terms of Withdrawal capacity,
treatment capacity, distribution capacity, or other capacity
limiting factors. The capacity of the existing systems must
represent the state of the systems. Existing capacity
determinations shall be based upon approval limits or the most
restrictive capacity information.
``b. For all purposes of this Compact, volumes of Diversions,
Consumptive Uses, or Withdrawals of Water set forth in the list(s)
prepared by each Party in accordance with this Section, shall constitute
the baseline volume.
``c. The list(s) shall be furnished to the Regional Body and the
Council within one year of the effective date of this Compact.
``3. Timing of Additional Applications. Applications for New or Increased
Withdrawals, Consumptive Uses or Exceptions shall be considered cumulatively
within ten years of any application.
``4. Change of Ownership. Unless a new owner proposes a project that shall
result in a Proposal for a New or Increased Diversion or Consumptive Use subject
to Regional Review or Council approval, the change of ownership in and of itself
shall not require Regional Review or Council approval.
``5. Groundwater. The Basin surface water divide shall be used for the
purpose of managing and regulating New or Increased Diversions, Consumptive Uses
or Withdrawals of surface water and groundwater.
``6. Withdrawal Systems. The total volume of surface water and groundwater
resources that supply a common distribution system shall determine the volume of
a Withdrawal, Consumptive Use or Diversion.
``7. Connecting Channels. The watershed of each Great Lake shall include its
upstream and downstream connecting channels.
``8. Transmission in Water Lines. Transmission of Water within a line that
extends outside the Basin as it conveys Water from one point to another within
the Basin shall not be considered a Diversion if none of the Water is used
outside the Basin.
``9. Hydrologic Units. The Lake Michigan and Lake Huron watersheds shall be
considered to be a single hydrologic unit and watershed.
``10. Bulk Water Transfer. A Proposal to Withdraw Water and to remove it
from the Basin in any container greater than 5.7 gallons shall be treated under
this Compact in the same manner as a Proposal for a Diversion. Each Party shall
have the discretion, within its jurisdiction, to determine the treatment of
Proposals to Withdraw Water and to remove it from the Basin in any container of
5.7 gallons or less.
``Section 4.13. Exemptions.
``Withdrawals from the Basin for the following purposes are exempt from the
requirements of Article 4.
``1. To supply vehicles, including vessels and aircraft, whether for
the needs of the persons or animals being transported or for ballast or
other needs related to the operation of the vehicles.
``2. To use in a non-commercial project on a short-term basis for
firefighting, humanitarian, or emergency response purposes.
``Section 4.14. U.S. Supreme Court Decree: Wisconsin et al. v. Illinois et al.
``1. Notwithstanding any terms of this Compact to the contrary, with the
exception of Paragraph 5 of this Section, current, New or Increased Withdrawals,
Consumptive Uses and Diversions of Basin Water by the State of Illinois shall be
governed by the terms of the United States Supreme Court decree in Wisconsin et
al. v. Illinois et al. and shall not be subject to the terms of this Compact nor
any rules or regulations promulgated pursuant to this Compact. This means that,
with the exception of Paragraph 5 of this Section, for purposes of this Compact,
current, New or Increased Withdrawals, Consumptive Uses and Diversions of Basin
Water within the State of Illinois shall be allowed unless prohibited by the
terms of the United States Supreme Court decree in Wisconsin et al. v. Illinois
et al.
``2. The Parties acknowledge that the United States Supreme Court decree in
Wisconsin et al. v. Illinois et al. shall continue in full force and effect,
that this Compact shall not modify any terms thereof, and that this Compact
shall grant the parties no additional rights, obligations, remedies or defenses
thereto. The Parties specifically acknowledge that this Compact shall not
prohibit or limit the State of Illinois in any manner from seeking additional
Basin Water as allowed under the terms of the United States Supreme Court decree
in Wisconsin et al. v. Illinois et al., any other party from objecting to any
request by the State of Illinois for additional Basin Water under the terms of
said decree, or any party from seeking any other type of modification to said
decree. If an application is made by any party to the Supreme Court of the
United States to modify said decree, the Parties to this Compact who are also
parties to the decree shall seek formal input from the Canadian Provinces of
Ontario and Quebec, with respect to the proposed modification, use best efforts
to facilitate the appropriate participation of said Provinces in the proceedings
to modify the decree, and shall not unreasonably impede or restrict such
participation.
``3. With the exception of Paragraph 5 of this Section, because current, New
or Increased Withdrawals, Consumptive Uses and Diversions of Basin Water by the
State of Illinois are not subject to the terms of this Compact, the State of
Illinois is prohibited from using any term of this Compact, including Section
4.9, to seek New or Increased Withdrawals, Consumptive Uses or Diversions of
Basin Water.
``4. With the exception of Paragraph 5 of this Section, because Sections
4.3, 4.4, 4.5, 4.6, 4.7, 4.8, 4.9, 4.10, 4.11, 4.12 (Paragraphs 1, 2, 3, 4, 6
and 10 only), and 4.13 of this Compact all relate to current, New or Increased
Withdrawals, Consumptive Uses and Diversions of Basin Waters, said provisions do
not apply to the State of Illinois. All other provisions of this Compact not
listed in the preceding sentence shall apply to the State of Illinois, including
the Water Conservation Programs provision of Section 4.2.
``5. In the event of a Proposal for a Diversion of Basin Water for use
outside the territorial boundaries of the Parties to this Compact, decisions by
the State of Illinois regarding such a Proposal would be subject to all terms of
this Compact, except Paragraphs 1, 3 and 4 of this Section.
``6. For purposes of the State of Illinois' participation in this Compact,
the entirety of this Section 4.14 is necessary for the continued implementation
of this Compact and, if severed, this Compact shall no longer be binding on or
enforceable by or against the State of Illinois.
``Section 4.15. Assessment of Cumulative Impacts.
``1. The Parties in cooperation with the Provinces shall collectively
conduct within the Basin, on a Lake watershed and St. Lawrence River Basin
basis, a periodic assessment of the Cumulative Impacts of Withdrawals,
Diversions and Consumptive Uses from the Waters of the Basin, every 5 years or
each time the incremental Basin Water losses reach 50 million gallons per day
average in any 90-day period in excess of the quantity at the time of the most
recent assessment, whichever comes first, or at the request of one or more of
the Parties. The assessment shall form the basis for a review of the Standard of
Review and Decision, Council and Party regulations and their application. This
assessment shall:
``a. Utilize the most current and appropriate guidelines for such a
review, which may include but not be limited to Council on Environmental
Quality and Environment Canada guidelines;
``b. Give substantive consideration to climate change or other
significant threats to Basin Waters and take into account the current
state of scientific knowledge, or uncertainty, and appropriate Measures
to exercise caution in cases of uncertainty if serious damage may
result;
``c. Consider adaptive management principles and approaches,
recognizing, considering and providing adjustments for the uncertainties
in, and evolution of science concerning the Basin's water resources,
watersheds and ecosystems, including potential changes to Basin-wide
processes, such as lake level cycles and climate.
``2. The Parties have the responsibility of conducting this Cumulative
Impact assessment. Applicants are not required to participate in this
assessment.
``3. Unless required by other statutes, Applicants are not required to
conduct a separate cumulative impact assessment in connection with an
Application but shall submit information about the potential impacts of a
Proposal to the quantity or quality of the Waters and Water Dependent Natural
Resources of the applicable Source Watershed. An Applicant may, however, provide
an analysis of how their Proposal meets the no significant adverse Cumulative
Impact provision of the Standard of Review and Decision.
``ARTICLE 5
``TRIBAL CONSULTATION
``Section 5.1. Consultation with Tribes.
``1. In addition to all other opportunities to comment pursuant to Section
6.2, appropriate consultations shall occur with federally recognized Tribes in
the Originating Party for all Proposals subject to Council or Regional Review
pursuant to this Compact. Such consultations shall be organized in the manner
suitable to the individual Proposal and the laws and policies of the Originating
Party.
``2. All federally recognized Tribes within the Basin shall receive
reasonable notice indicating that they have an opportunity to comment in writing
to the Council or the Regional Body, or both, and other relevant organizations
on whether the Proposal meets the requirements of the Standard of Review and
Decision when a Proposal is subject to Regional Review or Council approval. Any
notice from the Council shall inform the Tribes of any meeting or hearing that
is to be held under Section 6.2 and invite them to attend. The Parties and the
Council shall consider the comments received under this Section before
approving, approving with modifications or disapproving any Proposal subject to
Council or Regional Review.
``3. In addition to the specific consultation mechanisms described above,
the Council shall seek to establish mutually-agreed upon mechanisms or processes
to facilitate dialogue with, and input from federally recognized Tribes on
matters to be dealt with by the Council; and, the Council shall seek to
establish mechanisms and processes with federally recognized Tribes designed to
facilitate on-going scientific and technical interaction and data exchange
regarding matters falling within the scope of this Compact. This may include
participation of tribal representatives on advisory committees established under
this Compact or such other processes that are mutually-agreed upon with
federally recognized Tribes individually or through duly-authorized intertribal
agencies or bodies.
``ARTICLE 6
``PUBLIC PARTICIPATION
``Section 6.1. Meetings, Public Hearings and Records.
``1. The Parties recognize the importance and necessity of public
participation in promoting management of the Water Resources of the Basin.
Consequently, all meetings of the Council shall be open to the public, except
with respect to issues of personnel.
``2. The minutes of the Council shall be a public record open to inspection
at its offices during regular business hours.
``Section 6.2. Public Participation.
``It is the intent of the Council to conduct public participation processes
concurrently and jointly with processes undertaken by the Parties and through
Regional Review. To ensure adequate public participation, each Party or the
Council shall ensure procedures for the review of Proposals subject to the
Standard of Review and Decision consistent with the following requirements:
``1. Provide public notification of receipt of all Applications and
a reasonable opportunity for the public to submit comments before
Applications are acted upon.
``2. Assure public accessibility to all documents relevant to an
Application, including public comment received.
``3. Provide guidance on standards for determining whether to
conduct a public meeting or hearing for an Application, time and place
of such a meeting(s) or hearing(s), and procedures for conducting of the
same.
``4. Provide the record of decision for public inspection including
comments, objections, responses and approvals, approvals with conditions
and disapprovals.
``ARTICLE 7
``DISPUTE RESOLUTION AND ENFORCEMENT
``Section 7.1. Good Faith Implementation.
``Each of the Parties pledges to support implementation of all provisions of
this Compact, and covenants that its officers and agencies shall not hinder,
impair, or prevent any other Party carrying out any provision of this Compact.
``Section 7.2. Alternative Dispute Resolution.
``1. Desiring that this Compact be carried out in full, the Parties agree
that disputes between the Parties regarding interpretation, application and
implementation of this Compact shall be settled by alternative dispute
resolution.
``2. The Council, in consultation with the Provinces, shall provide by rule
procedures for the resolution of disputes pursuant to this section.
``Section 7.3. Enforcement.
``1. Any Person aggrieved by any action taken by the Council pursuant to the
authorities contained in this Compact shall be entitled to a hearing before the
Council. Any Person aggrieved by a Party action shall be entitled to a hearing
pursuant to the relevant Party's administrative procedures and laws. After
exhaustion of such administrative remedies, (i) any aggrieved Person shall have
the right to judicial review of a Council action in the United States District
Courts for the District of Columbia or the District Court in which the Council
maintains offices, provided such action is commenced within 90 days; and, (ii)
any aggrieved Person shall have the right to judicial review of a Party's action
in the relevant Party's court of competent jurisdiction, provided that an action
or proceeding for such review is commenced within the time frames provided for
by the Party's law. For the purposes of this paragraph, a State or Province is
deemed to be an aggrieved Person with respect to any Party action pursuant to
this Compact.
``2. a. Any Party or the Council may initiate actions to compel compliance
with the provisions of this Compact, and the rules and regulations promulgated
hereunder by the Council. Jurisdiction over such actions is granted to the court
of the relevant Party, as well as the United States District Courts for the
District of Columbia and the District Court in which the Council maintains
offices. The remedies available to any such court shall include, but not be
limited to, equitable relief and civil penalties.
``b. Each Party may issue orders within its respective jurisdiction and may
initiate actions to compel compliance with the provisions of its respective
statutes and regulations adopted to implement the authorities contemplated by
this Compact in accordance with the provisions of the laws adopted in each
Party's jurisdiction.
``3. Any aggrieved Person, Party or the Council may commence a civil action
in the relevant Party's courts and administrative systems to compel any Person
to comply with this Compact should any such Person, without approval having been
given, undertake a New or Increased Withdrawal, Consumptive Use or Diversion
that is prohibited or subject to approval pursuant to this Compact.
``a. No action under this subsection may be commenced if:
``i. The Originating Party or Council approval for the New
or Increased Withdrawal, Consumptive Use or Diversion has been
granted; or,
``ii. The Originating Party or Council has found that the
New or Increased Withdrawal, Consumptive Use or Diversion is not
subject to approval pursuant to this Compact.
``b. No action under this subsection may be commenced unless:
``i. A Person commencing such action has first given 60 days
prior notice to the Originating Party, the Council and Person
alleged to be in noncompliance; and,
``ii. Neither the Originating Party nor the Council has
commenced and is diligently prosecuting appropriate enforcement
actions to compel compliance with this Compact.
The available remedies shall include equitable relief, and the
prevailing or substantially prevailing party may recover the costs of
litigation, including reasonable attorney and expert witness fees,
whenever the court determines that such an award is appropriate.
``4. Each of the Parties may adopt provisions providing additional
enforcement mechanisms and remedies including equitable relief and civil
penalties applicable within its jurisdiction to assist in the implementation of
this Compact.
``ARTICLE 8
``ADDITIONAL PROVISIONS
``Section 8.1. Effect on Existing Rights.
``1. Nothing in this Compact shall be construed to affect, limit, diminish
or impair any rights validly established and existing as of the effective date
of this Compact under State or federal law governing the Withdrawal of Waters of
the Basin.
``2. Nothing contained in this Compact shall be construed as affecting or
intending to affect or in any way to interfere with the law of the respective
Parties relating to common law Water rights.
``3. Nothing in this Compact is intended to abrogate or derogate from treaty
rights or rights held by any Tribe recognized by the federal government of the
United States based upon its status as a Tribe recognized by the federal
government of the United States.
``4. An approval by a Party or the Council under this Compact does not give
any property rights, nor any exclusive privileges, nor shall it be construed to
grant or confer any right, title, easement, or interest in, to or over any land
belonging to or held in trust by a Party; neither does it authorize any injury
to private property or invasion of private rights, nor infringement of federal,
State or local laws or regulations; nor does it obviate the necessity of
obtaining federal assent when necessary.
``Section 8.2. Relationship to Agreements Concluded by the United States of
America.
``1. Nothing in this Compact is intended to provide nor shall be construed
to provide, directly or indirectly, to any Person any right, claim or remedy
under any treaty or international agreement nor is it intended to derogate any
right, claim, or remedy that already exists under any treaty or international
agreement.
``2. Nothing in this Compact is intended to infringe nor shall be construed
to infringe upon the treaty power of the United States of America, nor shall any
term hereof be construed to alter or amend any treaty or term thereof that has
been or may hereafter be executed by the United States of America.
``3. Nothing in this Compact is intended to affect nor shall be construed to
affect the application of the Boundary Waters Treaty of 1909 whose requirements
continue to apply in addition to the requirements of this Compact.
``Section 8.3. Confidentiality.
``1. Nothing in this Compact requires a Party to breach confidentiality
obligations or requirements prohibiting disclosure, or to compromise security of
commercially sensitive or proprietary information.
``2. A Party may take measures, including but not limited to deletion and
redaction, deemed necessary to protect any confidential, proprietary or
commercially sensitive information when distributing information to other
Parties. The Party shall summarize or paraphrase any such information in a
manner sufficient for the Council to exercise its authorities contained in this
Compact.
``Section 8.4. Additional Laws.
``Nothing in this Compact shall be construed to repeal, modify or qualify
the authority of any Party to enact any legislation or enforce any additional
conditions and restrictions regarding the management and regulation of Waters
within its jurisdiction.
``Section 8.5. Amendments and Supplements.
``The provisions of this Compact shall remain in full force and effect until
amended by action of the governing bodies of the Parties and consented to and
approved by any other necessary authority in the same manner as this Compact is
required to be ratified to become effective.
``Section 8.6. Severability.
``Should a court of competent jurisdiction hold any part of this Compact to
be void or unenforceable, it shall be considered severable from those portions
of the Compact capable of continued implementation in the absence of the voided
provisions. All other provisions capable of continued implementation shall
continue in full force and effect.
``Section 8.7. Duration of Compact and Termination.
``Once effective, the Compact shall continue in force and remain binding
upon each and every Party unless terminated.
This Compact may be terminated at any time by a majority vote of the Parties. In
the event of such termination, all rights established under it shall continue
unimpaired.
``ARTICLE 9
``EFFECTUATION
``Section 9.1. Repealer.
``All acts and parts of acts inconsistent with this act are to the extent of
such inconsistency hereby repealed.
``Section 9.2. Effectuation by Chief Executive.
``The Governor is authorized to take such action as may be necessary and
proper in his or her discretion to effectuate the Compact and the initial
organization and operation thereunder.
``Section 9.3. Entire Agreement.
``The Parties consider this Compact to be complete and an integral whole.
Each provision of this Compact is considered material to the entire Compact, and
failure to implement or adhere to any provision may be considered a material
breach. Unless otherwise noted in this Compact, any change or amendment made to
the Compact by any Party in its implementing legislation or by the U.S. Congress
when giving its consent to this Compact is not considered effective unless
concurred in by all Parties.
``Section 9.4. Effective Date and Execution.
``This Compact shall become binding and effective when ratified through
concurring legislation by the states of Illinois, Indiana, Michigan, Minnesota,
New York, Ohio and Wisconsin and the Commonwealth of Pennsylvania and consented
to by the Congress of the United States. This Compact shall be signed and sealed
in nine identical original copies by the respective chief executives of the
signatory Parties. One such copy shall be filed with the Secretary of State of
each of the signatory Parties or in accordance with the laws of the state in
which the filing is made, and one copy shall be filed and retained in the
archives of the Council upon its organization. The signatures shall be affixed
and attested under the following form:
``In Witness Whereof, and in evidence of the adoption and enactment into law
of this Compact by the legislatures of the signatory parties and consent by the
Congress of the United States, the respective Governors do hereby, in accordance
with the authority conferred by law, sign this Compact in nine duplicate
original copies, attested by the respective Secretaries of State, and have
caused the seals of the respective states to be hereunto affixed this ____ day
of (month), (year).'': Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That--
(1) Congress consents to and approves the interstate
compact regarding water resources in the Great Lakes--St.
Lawrence River Basin described in the preamble; and
(2) until a Great Lakes Water Compact is ratified and
enforceable, laws in effect as of the date of enactment of this
resolution provide protection sufficient to prevent Great Lakes
water diversions.
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