IA 

110TH CONGRESS 

2D SESSION S. J. RES. 45 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 8, 2008 

Referred to the Committee on the Judiciary 

JOINT RESOLUTION 

Expressing the consent and approval of Congress to an interstate compact regarding water resources in the Great 

Lakes—St. Lawrence River Basin. 

Whereas the interstate compact regarding water resources in 

the Great Lakes—St. Lawrence River Basin reads as follows: 

‘‘AGREEMENT 

‘‘Section 1. The states of Illinois, Indiana, Michigan, 

Minnesota, New York, Ohio and Wisconsin and the Commonwealth of Pennsylvania hereby solemnly covenant and agree 

with each other, upon enactment of concurrent legislation by 

the respective state legislatures and consent by the Congress 

of the United States as follows: 


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‘‘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. 


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‘‘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 deVerDate Aug 31 2005 23:21 Sep 09, 2008 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6300 E:\BILLS\SJ45.RFH SJ45

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fined 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 decisionmaking 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. 


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‘‘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. 


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‘‘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 


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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 waVerDate Aug 31 2005 23:21 Sep 09, 2008 Jkt 069200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6300 E:\BILLS\SJ45.RFH SJ45

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tershed 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. 


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‘‘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 


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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 DeVerDate Aug 31 2005 23:21 Sep 09, 2008 Jkt 069200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6300 E:\BILLS\SJ45.RFH SJ45

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pendent 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 reVerDate Aug 31 2005 23:21 Sep 09, 2008 Jkt 069200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6300 E:\BILLS\SJ45.RFH SJ45

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sources, 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, 


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‘‘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. 


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‘‘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 


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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 


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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. 


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‘‘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 

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ance 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. 


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‘‘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 


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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. 


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‘‘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 


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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. 

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gated 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; 


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‘‘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 Basinwide 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. 


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‘‘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. 


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‘‘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. 


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‘‘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 


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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. 


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‘‘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. 


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‘‘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 reVerDate Aug 31 2005 23:21 Sep 09, 2008 Jkt 069200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6300 E:\BILLS\SJ45.RFH SJ45

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quests, 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. 


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‘‘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 


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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. 


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‘‘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; 


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‘‘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 reVerDate Aug 31 2005 23:21 Sep 09, 2008 Jkt 069200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6300 E:\BILLS\SJ45.RFH SJ45

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sulting 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; 


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‘‘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; 


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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: 


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‘‘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; 


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‘‘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 


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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 


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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 


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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, 


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‘‘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 


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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. 


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‘‘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. 


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‘‘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 shortterm 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. 


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‘‘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 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 


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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. 


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‘‘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 


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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 


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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 mutuallyagreed 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 


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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: 


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‘‘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. 


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‘‘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 


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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, 


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‘‘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. 


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‘‘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 regVerDate Aug 31 2005 23:21 Sep 09, 2008 Jkt 069200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6300 E:\BILLS\SJ45.RFH SJ45

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ulations; 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. 


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‘‘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 proVerDate Aug 31 2005 23:21 Sep 09, 2008 Jkt 069200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6300 E:\BILLS\SJ45.RFH SJ45

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visions. 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 


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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 respecVerDate Aug 31 2005 23:21 Sep 09, 2008 Jkt 069200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6300 E:\BILLS\SJ45.RFH SJ45

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tive states to be hereunto affixed this llll day of 

(month), (year).’’: Now, therefore, be it 

1 Resolved by the Senate and House of Representatives 

2 of the United States of America in Congress assembled, 

3 That— 

4 (1) Congress consents to and approves the 

5 interstate compact regarding water resources in the 

6 Great Lakes—St. Lawrence River Basin described 

7 in the preamble; 

8 (2) until a Great Lakes Water Compact is rati9 fied and enforceable, laws in effect as of the date of 

10 enactment of this resolution provide protection suffi11 cient to prevent Great Lakes water diversions; and 

12 (3) Congress expressly reserves the right to 

13 alter, amend, or repeal this resolution. 

Passed the Senate August 1, 2008. 

Attest: NANCY ERICKSON, 

Secretary. 


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