```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 45 Engrossed in Senate (ES)]

  2d Session
S. J. RES. 45

_______________________________________________________________________

                            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;
            (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.

            Passed the Senate August 1, 2008.

            Attest:

                                                             Secretary.
110th CONGRESS

  2d Session

                             S. J. RES. 45

_______________________________________________________________________

                            JOINT RESOLUTION

   Expressing the consent and approval of Congress to an interstate 
  compact regarding water resources in the Great Lakes--St. Lawrence 
                              River Basin.
```