II

105TH CONGRESS

1ST SESSION S. J. RES. 32

Granting the consent of Congress to the Apalachicola-Chattahoochee-Flint

River Basin Compact.

IN THE SENATE OF THE UNITED STATES

JUNE 27, 1997

Mr. SHELBY (for himself, Mr. SESSIONS, Mr. COVERDELL, Mr. MACK, Mr.

CLELAND, and Mr. GRAHAM) introduced the following joint resolution;

which was read twice and referred to the Committee on the Judiciary

JOINT RESOLUTION

Granting the consent of Congress to the ApalachicolaChattahoochee-Flint River Basin Compact.

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled,

3 SECTION 1. CONGRESSIONAL CONSENT.

4 Congress consents to the Apalachicola-Chattahoo5 chee-Flint River Basin Compact entered into between the

6 States of Alabama, Florida, and Georgia. The compact is

7 substantially as follows:
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1 ‘‘APALACHICOLA-CHATTAHOOCHEE-FLINT RIVER BASIN

2 COMPACT

3 ‘‘The States of Alabama, Florida, and Georgia and

4 the United States of America hereby agree to the following

5 compact which shall become effective upon enactment of

6 concurrent legislation by each respective State legislature

7 and the Congress of the United States.

8 ‘‘SHORT TITLE

9 ‘‘This Act shall be known and may be cited as the

10 ‘Apalachicola-Chattahoochee-Flint River Basin Compact’

11 and shall be referred to hereafter in this document as the

12 ‘ACF Compact’ or ‘Compact.’

13 ‘‘ARTICLE—I

14 ‘‘COMPACT PURPOSES

15 ‘‘This Compact among the States of Alabama, Flor16 ida and Georgia and the United States of America has

17 been entered into for the purposes of promoting interstate

18 comity, removing causes of present and future controver19 sies, equitably apportioning the surface waters of the

20 ACF, engaging in water planning, and developing and

21 sharing common data bases.

22 ‘‘ARTICLE—II

23 ‘‘SCOPE OF THE COMPACT

24 ‘‘This Compact shall extend to all of the waters aris25 ing within the drainage basin of the ACF in the States

26 of Alabama, Florida and Georgia.
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1 ‘‘ARTICLE—III

2 ‘‘PARTIES

3 ‘‘The parties to this Compact are the States of Ala4 bama, Florida and Georgia and the United States of

5 America.

6 ‘‘ARTICLE—IV

7 ‘‘DEFINITIONS

8 ‘‘For the purposes of this Compact, the following

9 words, phrases and terms shall have the following mean10 ings:

11 ‘‘(a) ‘ACF Basin’ or ‘ACF’ means the area of

12 natural drainage into the Apalachicola River and its

13 tributaries, the Chattahoochee River and its tribu14 taries, and the Flint River and its tributaries. Any

15 reference to the rivers within this Compact will be

16 designated using the letters ‘ACF’ and when so ref17 erenced will mean each of these three rivers and

18 each of the tributaries to each such river.

19 ‘‘(b) ‘Allocation formula’ means the methodol20 ogy, in whatever form, by which the ACF Basin

21 Commission determines an equitable apportionment

22 of surface waters within the ACF Basin among the

23 three States. Such formula may be represented by a

24 table, chart, mathematical calculation or any other
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1 expression of the Commission’s apportionment of

2 waters pursuant to this compact.

3 ‘‘(c) ‘Commission’ or ‘ACF Basin Commission’

4 means the Apalachicola-Chattahoochee-Flint River

5 Basin Commission created and established pursuant

6 to this Compact.

7 ‘‘(d) ‘Ground waters’ means waters within a

8 saturated zone or stratum beneath the surface of

9 land, whether or not flowing through known and

10 definite channels.

11 ‘‘(e) ‘Person’ means any individual, firm, asso12 ciation, organization, partnership, business, trust,

13 corporation, public corporation, company, the United

14 States of America, any State, and all political sub15 divisions, regions, districts, municipalities, and pub16 lic agencies thereof.

17 ‘‘(f) ‘Surface waters’ means waters upon the

18 surface of the earth, whether contained in bounds

19 created naturally or artificially or diffused. Water

20 from natural springs shall be considered ‘surface wa21 ters’ when it exits from the spring onto the surface

22 of the earth.

23 ‘‘(g) ‘United States’ means the executive branch

24 of the government of the United States of America,
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1 and any department, agency, bureau or division

2 thereof.

3 ‘‘(h) ‘Water Resource Facility’ means any facil4 ity or project constructed for the impoundment, di5 version, retention, control or regulation of waters

6 within the ACF Basin for any purpose.

7 ‘‘(i) ‘Water resources,’ or ‘waters’ means all

8 surface waters and ground waters contained or oth9 erwise originating within the ACF Basin.

10 ‘‘ARTICLE—V

11 ‘‘CONDITIONS PRECEDENT TO LEGAL VIABILITY OF THE

12 COMPACT

13 ‘‘This Compact shall not be binding on any party

14 until it has been enacted into law by the legislatures of

15 the States of Alabama, Florida and Georgia and by the

16 Congress of the United States of America.

17 ‘‘ARTICLE—VI

18 ‘‘ACF BASIN COMMISSION CREATED

19 ‘‘(a) There is hereby created an interstate adminis20 trative agency to be known as the ‘ACF Basin Commis21 sion.’ The Commission shall be comprised of one member

22 representing the State of Alabama, one member represent23 ing the State of Florida, one member representing the

24 State of Georgia, and one non-voting member representing

25 the United States of America. The State members shall
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1 be known as ‘State Commissioners’ and the Federal mem2 ber shall be known as ‘Federal Commissioner.’ The ACF

3 Basin Commission is a body politic and corporate, with

4 succession for the duration of this Compact.

5 ‘‘(b) The Governor of each of the States shall serve

6 as the State Commissioner for his or her State. Each

7 State Commissioner shall appoint one or more alternate

8 members and one of such alternates as designated by the

9 State Commissioner shall serve in the State Commis10 sioner’s place and carry out the functions of the State

11 Commissioner, including voting on Commission matters,

12 in the event the State Commissioner is unable to attend

13 a meeting of the Commission. The alternate members

14 from each State shall be knowledgeable in the field of

15 water resources management. Unless otherwise provided

16 by law of the State for which an alternate State Commis17 sioner is appointed, each alternate State Commissioner

18 shall serve at the pleasure of the State Commissioner. In

19 the event of a vacancy in the office of an alternate, it shall

20 be filled in the same manner as an original appointment.

21 ‘‘(c) The President of the United States of America

22 shall appoint the Federal Commissioner who shall serve

23 as the representative of all Federal agencies with an inter24 est in the ACF. The President shall also appoint an alter25 nate Federal Commissioner to attend and participate in
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1 the meetings of the Commission in the event the Federal

2 Commissioner is unable to attend meetings. When at

3 meetings, the alternate Federal Commissioner shall pos4 sess all of the powers of the Federal Commissioner. The

5 Federal Commissioner and alternate appointed by the

6 President shall serve until they resign or their replace7 ments are appointed.

8 ‘‘(d) Each State shall have one vote on the ACF

9 Basin Commission and the Commission shall make all de10 cisions and exercise all powers by unanimous vote of the

11 three State Commissioners. The Federal Commissioner

12 shall not have a vote, but shall attend and participate in

13 all meetings of the ACF Basin Commission to the same

14 extent as the State Commissioners.

15 ‘‘(e) The ACF Basin Commission shall meet at least

16 once a year at a date set at its initial meeting. Such initial

17 meeting shall take place within ninety days of the ratifica18 tion of the Compact by the Congress of the United States

19 and shall be called by the chairman of the Commission.

20 Special meetings of the Commission may be called at the

21 discretion of the chairman of the Commission and shall

22 be called by the chairman of the Commission upon written

23 request of any member of the Commission. All members

24 shall be notified of the time and place designated for any

25 regular or special meeting at least five days prior to such
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1 meeting in one of the following ways: by written notice

2 mailed to the last mailing address given to the Commission

3 by each member, by facsimile, telegram or by telephone.

4 The Chairmanship of the Commission shall rotate annu5 ally among the voting members of the Commission on an

6 alphabetical basis, with the first chairman to be the State

7 Commissioner representing the State of Alabama.

8 ‘‘(f) All meetings of the Commission shall be open

9 to the public.

10 ‘‘(g) The ACF Basin Commission, so long as the ex11 ercise of power is consistent with this Compact, shall have

12 the following general powers:

13 ‘‘(1) to adopt bylaws and procedures governing

14 its conduct;

15 ‘‘(2) to sue and be sued in any court of com16 petent jurisdiction;

17 ‘‘(3) to retain and discharge professional, tech18 nical, clerical and other staff and such consultants

19 as are necessary to accomplish the purposes of this

20 Compact;

21 ‘‘(4) to receive funds from any lawful source

22 and expend funds for any lawful purpose;

23 ‘‘(5) to enter into agreements or contracts,

24 where appropriate, in order to accomplish the pur25 poses of this Compact;
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1 ‘‘(6) to create committees and delegate respon2 sibilities;

3 ‘‘(7) to plan, coordinate, monitor, and make

4 recommendations for the water resources of the

5 ACF Basin for the purposes of, but not limited to,

6 minimizing adverse impacts of floods and droughts

7 and improving water quality, water supply, and con8 servation as may be deemed necessary by the Com9 mission;

10 ‘‘(8) to participate with other governmental and

11 non-governmental entities in carrying out the pur12 poses of this Compact;

13 ‘‘(9) to conduct studies, to generate information

14 regarding the water resources of the ACF Basin,

15 and to share this information among the Commis16 sion members and with others;

17 ‘‘(10) to cooperate with appropriate State, Fed18 eral, and local agencies or any other person in the

19 development, ownership, sponsorship, and operation

20 of water resource facilities in the ACF Basin; pro21 vided, however, that the Commission shall not own

22 or operate a federally-owned water resource facility

23 unless authorized by the United States Congress;

24 ‘‘(11) to acquire, receive, hold and convey such

25 personal and real property as may be necessary for
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1 the performance of its duties under the Compact;

2 provided, however, that nothing in this Compact

3 shall be construed as granting the ACF Basin Com4 mission authority to issue bonds or to exercise any

5 right of eminent domain or power of condemnation;

6 ‘‘(12) to establish and modify an allocation for7 mula for apportioning the surface waters of the ACF

8 Basin among the States of Alabama, Florida and

9 Georgia; and

10 ‘‘(13) to perform all functions required of it by

11 this Compact and to do all things necessary, proper

12 or convenient in the performance of its duties here13 under, either independently or in cooperation with

14 any State or the United States.

15 ‘‘ARTICLE—VII

16 ‘‘EQUITABLE APPORTIONMENT

17 ‘‘(a) It is the intent of the parties to this Compact

18 to develop an allocation formula for equitably apportioning

19 the surface waters of the ACF Basin among the States

20 while protecting the water quality, ecology and biodiversity

21 of the ACF, as provided in the Clean Water Act, 33

22 U.S.C. Sections 1251 et seq., the Endangered Species Act,

23 16 U.S.C. Sections 1532 et seq., the National Environ24 mental Policy Act, 42 U.S.C. Sections 4321 et seq., the

25 Rivers and Harbors Act of 1899, 33 U.S.C. Sections 401
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1 et seq., and other applicable Federal laws. For this pur2 pose, all members of the ACF Basin Commission, includ3 ing the Federal Commissioner, shall have full rights to no4 tice of and participation in all meetings of the ACF Basin

5 Commission and technical committees in which the basis

6 and terms and conditions of the allocation formula are to

7 be discussed or negotiated. When an allocation formula

8 is unanimously approved by the State Commissioners,

9 there shall be an agreement among the States regarding

10 an allocation formula. The allocation formula thus agreed

11 upon shall become effective and binding upon the parties

12 to this Compact upon receipt by the Commission of a let13 ter of concurrence with said formula from the Federal

14 Commissioner. If, however, the Federal Commissioner

15 fails to submit a letter of concurrence to the Commission

16 within two hundred ten (210) days after the allocation for17 mula is agreed upon by the State Commissioners, the Fed18 eral Commissioner shall within forty-five (45) days there19 after submit to the ACF Basin Commission a letter of

20 nonconcurrence with the allocation formula setting forth

21 therein specifically and in detail the reasons for non22 concurrence; provided, however, the reasons for non23 concurrence as contained in the letter of nonconcurrence

24 shall be based solely upon Federal law. The allocation for25 mula shall also become effective and binding upon the par-
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1 ties to this Compact if the Federal Commissioner fails to

2 submit to the ACF Basin Commission a letter of non3 concurrence in accordance with this Article. Once adopted

4 pursuant to this Article, the allocation formula may only

5 be modified by unanimous decision of the State Commis6 sioners and the concurrence by the Federal Commissioner

7 in accordance with the procedures set forth in this Article.

8 ‘‘(b) The parties to this Compact recognize that the

9 United States operates certain projects within the ACF

10 Basin that may influence the water resources within the

11 ACF Basin. The parties to this Compact further acknowl12 edge and recognize that various agencies of the United

13 States have responsibilities for administering certain Fed14 eral laws and exercising certain Federal powers that may

15 influence the water resources within the ACF Basin. It

16 is the intent of the parties to this Compact, including the

17 United States, to achieve compliance with the allocation

18 formula adopted in accordance with this Article. Accord19 ingly, once an allocation formula is adopted, each and

20 every officer, agency, and instrumentality of the United

21 States shall have an obligation and duty, to the maximum

22 extent practicable, to exercise their powers, authority, and

23 discretion in a manner consistent with the allocation for24 mula so long as the exercise of such powers, authority,

25 and discretion is not in conflict with Federal law.
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1 ‘‘(c) Between the effective date of this Compact and

2 the approval of the allocation formula under this Article,

3 the signatories to this Compact agree that any person who

4 is withdrawing, diverting, or consuming water resources

5 of the ACF Basin as of the effective date of this Compact,

6 may continue to withdraw, divert or consume such water

7 resources in accordance with the laws of the State where

8 such person resides or does business and in accordance

9 with applicable Federal laws. The parties to this Compact

10 further agree that any such person may increase the

11 amount of water resources withdrawn, diverted or

12 consumed to satisfy reasonable increases in the demand

13 of such person for water between the effective date of this

14 Compact and the date on which an allocation formula is

15 approved by the ACF Basin Commission as permitted by

16 applicable law. Each of the State parties to this Compact

17 further agree to provide written notice to each of the other

18 parties to this Compact in the event any person increases

19 the withdrawal, diversion or consumption of such water

20 resources by more than 10 million gallons per day on an

21 average annual daily basis, or in the event any person,

22 who was not withdrawing, diverting or consuming any

23 water resources from the ACF Basin as of the effective

24 date of this Compact, seeks to withdraw, divert or

25 consume more than one million gallons per day on an aver-
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1 age annual daily basis from such resources. This Article

2 shall not be construed as granting any permanent, vested

3 or perpetual rights to the amounts of water used between

4 January 3, 1992 and the date on which the Commission

5 adopts an allocation formula.

6 ‘‘(d) As the owner, operator, licensor, permitting au7 thority or regulator of a water resource facility under its

8 jurisdiction, each State shall be responsible for using its

9 best efforts to achieve compliance with the allocation for10 mula adopted pursuant to this Article. Each such State

11 agrees to take such actions as may be necessary to achieve

12 compliance with the allocation formula.

13 ‘‘(e) This Compact shall not commit any State to

14 agree to any data generated by any study or commit any

15 State to any allocation formula not acceptable to such

16 State.

17 ‘‘ARTICLE—VIII

18 ‘‘CONDITIONS RESULTING IN TERMINATION OF THE

19 COMPACT

20 ‘‘(a) This Compact shall be terminated and thereby

21 be void and of no further force and effect if any of the

22 following events occur:

23 ‘‘(1) The legislatures of the States of Alabama,

24 Florida and Georgia each agree by general laws en-
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1 acted by each State within any three consecutive

2 years that this Compact should be terminated.

3 ‘‘(2) The United States Congress enacts a law

4 expressly repealing this Compact.

5 ‘‘(3) The States of Alabama, Florida and Geor6 gia fail to agree on an equitable apportionment of

7 the surface waters of the ACF as provided in Article

8 VII(a) of this Compact by December 31, 1998, un9 less the voting members of the ACF Basin Commis10 sion unanimously agree to extend this deadline.

11 ‘‘(4) The Federal Commissioner submits to the

12 Commission a letter of nonconcurrence in the initial

13 allocation formula in accordance with Article VII(a)

14 of the Compact, unless the voting members of the

15 ACF Basin Commission unanimously agree to allow

16 a single 45 day period in which the non-voting Fed17 eral Commissioner and the voting State Commis18 sioners may renegotiate an allocation formula and

19 the Federal Commissioner withdraws the letter of

20 nonconcurrence upon completion of this renegoti21 ation.

22 ‘‘(b) If the Compact is terminated in accordance with

23 this Article it shall be of no further force and effect and

24 shall not be the subject of any proceeding for the enforce25 ment thereof in any Federal or State court. Further, if
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1 so terminated, no party shall be deemed to have acquired

2 a specific right to any quantity of water because it has

3 become a signatory to this Compact.

4 ‘‘ARTICLE—IX

5 ‘‘COMPLETION OF STUDIES PENDING ADOPTION OF

6 ALLOCATION FORMULA

7 ‘‘The ACF Basin Commission, in conjunction with

8 one or more interstate, Federal, State or local agencies,

9 is hereby authorized to participate in any study in process

10 as of the effective date of this Compact, including, without

11 limitation, all or any part of the Alabama-Coosa12 Tallapoosa/Apalachicola-Chattahoochee-Flint River Basin

13 Comprehensive Water Resource Study, as may be deter14 mined by the Commission in its sole discretion.

15 ‘‘ARTICLE—X

16 ‘‘RELATIONSHIP TO OTHER LAWS

17 ‘‘(a) It is the intent of the party States and of the

18 United States Congress by ratifying this Compact, that

19 all State and Federal officials enforcing, implementing or

20 administering other State and Federal laws affecting the

21 ACF Basin shall, to the maximum extent practicable, en22 force, implement or administer those laws in furtherance

23 of the purposes of this Compact and the allocation formula

24 adopted by the Commission insofar as such actions are

25 not in conflict with applicable Federal laws.
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1 ‘‘(b) Nothing contained in this Compact shall be

2 deemed to restrict the executive powers of the President

3 in the event of a national emergency.

4 ‘‘(c) Nothing contained in this Compact shall impair

5 or affect the constitutional authority of the United States

6 or any of its powers, rights, functions or jurisdiction under

7 other existing or future laws in and over the area or wa8 ters which are the subject of the Compact, including

9 projects of the Commission, nor shall any act of the Com10 mission have the effect of repealing, modifying or amend11 ing any Federal law. All officers, agencies and instrumen12 talities of the United States shall exercise their powers and

13 authority over water resources in the ACF Basin and

14 water resource facilities, and to the maximum extent prac15 ticable, shall exercise their discretion in carrying out their

16 responsibilities, powers, and authorities over water re17 sources in the ACF Basin and water resource facilities in

18 the ACF Basin in a manner consistent with and that effec19 tuates the allocation formula developed pursuant to this

20 Compact or any modification of the allocation formula so

21 long as the actions are not in conflict with any applicable

22 Federal law. The United States Army Corps of Engineers,

23 or its successors, and all other Federal agencies and in24 strumentalities shall cooperate with the ACF Basin Com25 mission in accomplishing the purposes of the Compact and
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1 fulfilling the obligations of each of the parties to the Com2 pact regarding the allocation formula.

3 ‘‘(d) Once adopted by the three States and ratified

4 by the United States Congress, this Compact shall have

5 the full force and effect of Federal law, and shall super6 sede State and local laws operating contrary to the provi7 sions herein or the purposes of this Compact; provided,

8 however, nothing contained in this Compact shall be con9 strued as affecting or intending to affect or in any way

10 to interfere with the laws of the respective signatory

11 States relating to water quality, and riparian rights as

12 among persons exclusively within each State.

13 ‘‘ARTICLE—XI

14 ‘‘PUBLIC PARTICIPATION

15 ‘‘All meetings of the Commission shall be open to the

16 public. The signatory parties recognize the importance and

17 necessity of public participation in activities of the Com18 mission, including the development and adoption of the

19 initial allocation formula and any modification thereto.

20 Prior to the adoption of the initial allocation formula, the

21 Commission shall adopt procedures ensuring public par22 ticipation in the development, review, and approval of the

23 initial allocation formula and any subsequent modification

24 thereto. At a minimum, public notice to interested parties
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1 and a comment period shall be provided. The Commission

2 shall respond in writing to relevant comments.

3 ‘‘ARTICLE—XII

4 ‘‘FUNDING AND EXPENSES OF THE COMMISSION

5 ‘‘Commissioners shall serve without compensation

6 from the ACF Basin Commission. All general operational

7 funding required by the Commission and agreed to by the

8 voting members shall obligate each State to pay an equal

9 share of such agreed upon funding. Funds remitted to the

10 Commission by a State in payment of such obligation shall

11 not lapse; provided, however, that if any State fails to

12 remit payment within 90 days after payment is due, such

13 obligation shall terminate and any State which has made

14 payment may have such payment returned. Costs of at15 tendance and participation at meetings of the Commission

16 by the Federal Commissioner shall be paid by the United

17 States.

18 ‘‘ARTICLE—XIII

19 ‘‘DISPUTE RESOLUTION

20 ‘‘(a) In the event of a dispute between two or more

21 voting members of this Compact involving a claim relating

22 to compliance with the allocation formula adopted by the

23 Commission under this Compact, the following procedures

24 shall govern:
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1 ‘‘(1) Notice of claim shall be filed with the

2 Commission by a voting member of this Compact

3 and served upon each member of the Commission.

4 The notice shall provide a written statement of the

5 claim, including a brief narrative of the relevant

6 matters supporting the claimant’s position.

7 ‘‘(2) Within twenty (20) days of the Commis8 sion’s receipt of a written statement of a claim, the

9 party or parties to the Compact against whom the

10 complaint is made may prepare a brief narrative of

11 the relevant matters and file it with the Commission

12 and serve it upon each member of the Commission.

13 ‘‘(3) Upon receipt of a claim and any response

14 or responses thereto, the Commission shall convene

15 as soon as reasonably practicable, but in no event

16 later than twenty (20) days from receipt of any re17 sponse to the claim, and shall determine if a resolu18 tion of the dispute is possible.

19 ‘‘(4) A resolution of a dispute under this Article

20 through unanimous vote of the State Commissioners

21 shall be binding upon the State parties and any

22 State party determined to be in violation of the allo23 cation formula shall correct such violation without

24 delay.
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1 ‘‘(5) If the Commission is unable to resolve the

2 dispute within 10 days from the date of the meeting

3 convened pursuant to subparagraph (a)(3) of this

4 Article, the Commission shall select, by unanimous

5 decision of the voting members of the Commission,

6 an independent mediator to conduct a non-binding

7 mediation of the dispute. The mediator shall not be

8 a resident or domiciliary of any member State, shall

9 not be an employee or agent of any member of the

10 Commission, shall be a person knowledgeable in

11 water resource management issues, and shall dis12 close any and all current or prior contractual or

13 other relations to any member of the Commission.

14 The expenses of the mediator shall be paid by the

15 Commission. If the mediator becomes unwilling or

16 unable to serve, the Commission by unanimous deci17 sion of the voting members of the Commission, shall

18 appoint another independent mediator.

19 ‘‘(6) If the Commission fails to appoint an inde20 pendent mediator to conduct a non-binding medi21 ation of the dispute within seventy-five (75) days of

22 the filing of the original claim or within thirty (30)

23 days of the date on which the Commission learns

24 that a mediator is unwilling or unable to serve, the

25 party submitting the claim shall have no further ob-
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1 ligation to bring the claim before the Commission

2 and may proceed by pursuing any appropriate rem3 edies, including any and all judicial remedies.

4 ‘‘(7) If an independent mediator is selected, the

5 mediator shall establish the time and location for the

6 mediation session or sessions and may request that

7 each party to the Compact submit, in writing, to the

8 mediator a statement of its position regarding the

9 issue or issues in dispute. Such statements shall not

10 be exchanged by the parties except upon the unani11 mous agreement of the parties to the mediation.

12 ‘‘(8) The mediator shall not divulge confidential

13 information disclosed to the mediator by the parties

14 or by witnesses, if any, in the course of the medi15 ation. All records, reports, or other documents re16 ceived by a mediator while serving as a mediator

17 shall be considered confidential. The mediator shall

18 not be compelled in any adversary proceeding or ju19 dicial forum to divulge the contents of such docu20 ments or the fact that such documents exist or to

21 testify in regard to the mediation.

22 ‘‘(9) Each party to the mediation shall maintain

23 the confidentiality of the information received during

24 the mediation and shall not rely on or introduce in

25 any judicial proceeding as evidence:
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1 ‘‘(a) Views expressed or suggestions made

2 by another party regarding a settlement of the

3 dispute;

4 ‘‘(b) Proposals made or views expressed by

5 the mediator; or

6 ‘‘(c) The fact that another party to the

7 hearing had or had not indicated a willingness

8 to accept a proposal for settlement of the dis9 pute.

10 ‘‘(10) The mediator may terminate the non11 binding mediation session or sessions whenever, in

12 the judgment of the mediator, further efforts to re13 solve the dispute would not lead to a resolution of

14 the dispute between or among the parties. Any party

15 to the dispute may terminate the mediation process

16 at any time by giving written notification to the me17 diator and the Commission. If terminated prior to

18 reaching a resolution, the party submitting the origi19 nal claim to the Commission shall have no further

20 obligation to bring its claim before the Commission

21 and may proceed by pursuing any appropriate rem22 edies, including any and all judicial remedies.

23 ‘‘(11) The mediator shall have no authority to

24 require the parties to enter into a settlement of any

25 dispute regarding the Compact. The mediator may
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1 simply attempt to assist the parties in reaching a

2 mutually acceptable resolution of their dispute. The

3 mediator is authorized to conduct joint and separate

4 meetings with the parties to the mediation and to

5 make oral or written recommendations for a settle6 ment of the dispute.

7 ‘‘(12) At any time during the mediation proc8 ess, the Commission is encouraged to take whatever

9 steps it deems necessary to assist the mediator or

10 the parties to resolve the dispute.

11 ‘‘(13) In the event of a proceeding seeking en12 forcement of the allocation formula, this Compact

13 creates a cause of action solely for equitable relief.

14 No action for money damages may be maintained.

15 The party or parties alleging a violation of the Com16 pact shall have the burden of proof.

17 ‘‘(b) In the event of a dispute between any voting

18 member and the United States relating to a State’s non19 compliance with the allocation formula as a result of ac20 tions or a refusal to act by officers, agencies or instrumen21 talities of the United States, the provisions set forth in

22 paragraph (a) of this Article (other than the provisions

23 of subparagraph (a)(4)) shall apply.
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1 ‘‘(c) The United States may initiate dispute resolu2 tion under paragraph (a) in the same manner as other

3 parties to this Compact.

4 ‘‘(d) Any signatory party who is affected by any ac5 tion of the Commission, other than the adoption or en6 forcement of or compliance with the allocation formula,

7 may file a complaint before the ACF Basin Commission

8 seeking to enforce any provision of this Compact.

9 ‘‘(1) The Commission shall refer the dispute to

10 an independent hearing officer or mediator, to con11 duct a hearing or mediation of the dispute. If the

12 parties are unable to settle their dispute through

13 mediation, a hearing shall be held by the Commis14 sion or its designated hearing officer. Following a

15 hearing conducted by a hearing officer, the hearing

16 officer shall submit a report to the Commission set17 ting forth findings of fact and conclusions of law,

18 and making recommendations to the Commission for

19 the resolution of the dispute.

20 ‘‘(2) The Commission may adopt or modify the

21 recommendations of the hearing officer within 60

22 days of submittal of the report. If the Commission

23 is unable to reach unanimous agreement on the reso24 lution of the dispute within 60 days of submittal of

25 the report with the concurrence of the Federal Com-
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1 missioner in disputes involving or affecting Federal

2 interests, the affected party may file an action in

3 any court of competent jurisdiction to enforce the

4 provisions of this Compact. The hearing officer’s re5 port shall be of no force and effect and shall not be

6 admissible as evidence in any further proceedings.

7 ‘‘(e) All actions under this Article shall be subject to

8 the following provisions:

9 ‘‘(1) The Commission shall adopt guidelines

10 and procedures for the appointment of hearing offi11 cers or independent mediators to conduct all hear12 ings and mediations required under this Article. The

13 hearing officer or mediator appointed under this Ar14 ticle shall be compensated by the Commission.

15 ‘‘(2) All hearings or mediations conducted

16 under this article may be conducted utilizing the

17 Federal Administrative Procedures Act, the Federal

18 Rules of Civil Procedure, and the Federal Rules of

19 Evidence. The Commission may also choose to adopt

20 some or all of its own procedural and evidentiary

21 rules for the conduct of hearings or mediations

22 under this Compact.

23 ‘‘(3) Any action brought under this Article shall

24 be limited to equitable relief only. This Compact
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1 shall not give rise to a cause of action for money

2 damages.

3 ‘‘(4) Any signatory party bringing an action be4 fore the Commission under this Article shall have

5 the burdens of proof and persuasion.

6 ‘‘ARTICLE—XIV

7 ‘‘ENFORCEMENT

8 ‘‘The Commission may, upon unanimous decision,

9 bring an action against any person to enforce any provi10 sion of this Compact, other than the adoption or enforce11 ment of or compliance with the allocation formula, in any

12 court of competent jurisdiction.

13 ‘‘ARTICLE—XV

14 ‘‘IMPACTS ON OTHER STREAM SYSTEMS

15 ‘‘This Compact shall not be construed as establishing

16 any general principle or precedent applicable to any other

17 interstate streams.

18 ‘‘ARTICLE—XVI

19 ‘‘IMPACT OF COMPACT ON USE OF WATER WITHIN THE

20 BOUNDARIES OF THE COMPACTING STATES

21 ‘‘The provisions of this Compact shall not interfere

22 with the right or power of any State to regulate the use

23 and control of water within the boundaries of the State,

24 providing such State action is not inconsistent with the

25 allocation formula.
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1 ‘‘ARTICLE—XVII

2 ‘‘AGREEMENT REGARDING WATER QUALITY

3 ‘‘(a) The States of Alabama, Florida, and Georgia

4 mutually agree to the principle of individual State efforts

5 to control man-made water pollution from sources located

6 and operating within each State and to the continuing

7 support of each State in active water pollution control pro8 grams.

9 ‘‘(b) The States of Alabama, Florida, and Georgia

10 agree to cooperate, through their appropriate State agen11 cies, in the investigation, abatement, and control of

12 sources of alleged interstate pollution within the ACF

13 River Basin whenever such sources are called to their at14 tention by the Commission.

15 ‘‘(c) The States of Alabama, Florida, and Georgia

16 agree to cooperate in maintaining the quality of the waters

17 of the ACF River Basin.

18 ‘‘(d) The States of Alabama, Florida, and Georgia

19 agree that no State may require another State to provide

20 water for the purpose of water quality control as a sub21 stitute for or in lieu of adequate waste treatment.
29

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1 ‘‘ARTICLE—XVIII

2 ‘‘EFFECT OF OVER OR UNDER DELIVERIES UNDER THE

3 COMPACT

4 ‘‘No State shall acquire any right or expectation to

5 the use of water because of any other State’s failure to

6 use the full amount of water allocated to it under this

7 Compact.

8 ‘‘ARTICLE—XIX

9 ‘‘SEVERABILITY

10 ‘‘If any portion of this Compact is held invalid for

11 any reason, the remaining portions, to the fullest extent

12 possible, shall be severed from the void portion and given

13 the fullest possible force, effect, and application.

14 ‘‘ARTICLE—XX

15 ‘‘NOTICE AND FORMS OF SIGNATURE

16 ‘‘Notice of ratification of this Compact by the legisla17 ture of each State shall promptly be given by the Governor

18 of the ratifying State to the Governors of the other partici19 pating States. When all three State legislatures have rati20 fied the Compact, notice of their mutual ratification shall

21 be forwarded to the Congressional delegation of the signa22 tory States for submission to the Congress of the United

23 States for ratification. When the Compact is ratified by

24 the Congress of the United States, the President, upon

25 signing the Federal ratification legislation, shall promptly
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1 notify the Governors of the participating States and ap2 point the Federal Commissioner. The Compact shall be

3 signed by all four Commissioners as their first order of

4 business at their first meeting and shall be filed of record

5 in the party States.’’.

6 SEC. 2. INCONSISTENCY OF LANGUAGE.

7 The validity of the compacts consented to by this Act

8 shall not be affected by any insubstantial difference in

9 their form or language as adopted by the States.

10 SEC. 3. RIGHT TO ALTER, AMEND, OR REPEAL.

11 The right to alter, amend, or repeal this joint resolu12 tion is hereby expressly reserved.

Æ