PUBLIC LAW 110–342—OCT. 3, 2008 122 STAT. 3739 

Public Law 110–342 

110th Congress 

Joint Resolution 

Expressing the consent and approval of Congress to an interstate compact regarding 

water resources in the Great Lakes—St. Lawrence River Basin. 

Resolved by the Senate and House of Representatives of the 

United States of America in Congress assembled, That 

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. 

Great Lakes— 

St. Lawrence 

River Basin 

Water Resources 

Compact. 

State listing. 

Oct. 3, 2008 

[S.J. Res. 45] 


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122 STAT. 3740 PUBLIC LAW 110–342—OCT. 3, 2008 

‘‘Basin or Great Lakes—St. Lawrence River Basin means 

the watershed of the Great Lakes and the St. Lawrence River 

upstream from Trois-Rivie`res, Que ́bec 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. 


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‘‘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 Que ́bec. 

‘‘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 Que ́bec 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 


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122 STAT. 3742 PUBLIC LAW 110–342—OCT. 3, 2008 

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 


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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. 


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122 STAT. 3744 PUBLIC LAW 110–342—OCT. 3, 2008 

‘‘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 


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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 


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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 

Deadlines. 

Reports. 

Plans. 

Policies. 


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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 

Deadline. 

Deadline. 

Deadlines. 


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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 Basinwide 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: 

Deadline. 

Effective date. 

Deadlines. 

Reports. 

Public 

information. 

Deadline. 

Reports. 

Reports. 


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‘‘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. 

Deadline. 


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‘‘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. 

Public meetings. 

Notification. 

Notification. 


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‘‘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 

Effective date. 

Deadlines. 

Deadline. 


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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 

Proposals. 


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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; 

Notification. 


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‘‘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. 


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‘‘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 DecisionMaking 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 DecisionMaking 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; 

Assessment. 

Deadline. 

Applicability. 

Deadline. 


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‘‘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 

Records. 


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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 


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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 

Que ́bec, 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 

Deadlines. 


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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 

Notification. 


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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. 

Records. 

Guidance. 

Notification. 


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PUBLIC LAW 110–342—OCT. 3, 2008 122 STAT. 3761 

‘‘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. 

Deadline. 

Notification. 

Deadlines. 

Procedures. 


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122 STAT. 3762 PUBLIC LAW 110–342—OCT. 3, 2008 

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. 


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PUBLIC LAW 110–342—OCT. 3, 2008 122 STAT. 3763 

‘‘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. 


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122 STAT. 3764 PUBLIC LAW 110–342—OCT. 3, 2008 

LEGISLATIVE HISTORY—S.J. Res. 45 (H.R. 6577): 

CONGRESSIONAL RECORD, Vol. 154 (2008): 

Aug. 1, considered and passed Senate. 

Sept. 22, 23, considered and passed House. 

Æ 

‘‘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 llll 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; 

(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; and 

(3) Congress expressly reserves the right to alter, amend, 

or repeal this resolution. 

Approved October 3, 2008. 


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