II

105TH CONGRESS

1ST SESSION S. J. RES. 33

Granting the consent of Congress to the Alabama-Coosa-Tallapoosa River

Basin Compact.

IN THE SENATE OF THE UNITED STATES

JUNE 27, 1997

Mr. SHELBY (for himself, Mr. SESSIONS, Mr. CLELAND, and Mr. COVERDELL)

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 Alabama-CoosaTallapoosa 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 Alabama-Coosa-Tallapoosa

5 River Basin Compact entered into between the States of

6 Alabama and Georgia. The compact is substantially as fol7 lows:

8 ‘‘ALABAMA-COOSA-TALLAPOOSA RIVER BASIN COMPACT

9 ‘‘The States of Alabama and Georgia and the United

10 States of America hereby agree to the following compact
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1 which shall become effective upon enactment of concurrent

2 legislation by each respective State legislature and the

3 Congress of the United States.

4 ‘‘SHORT TITLE

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

6 ‘Alabama-Coosa-Tallapoosa River Basin Compact’ and

7 shall be referred to hereafter in this document as the ‘ACT

8 Compact’ or ‘Compact.’

9 ‘‘ARTICLE—I

10 ‘‘COMPACT PURPOSES

11 ‘‘This Compact among the States of Alabama and

12 Georgia and the United States of America has been en13 tered into for the purposes of promoting interstate comity,

14 removing causes of present and future controversies, equi15 tably apportioning the surface waters of the ACT, engag16 ing in water planning, and developing and sharing com17 mon data bases.

18 ‘‘ARTICLE—II

19 ‘‘SCOPE OF THE COMPACT

20 ‘‘This Compact shall extend to all of the waters aris21 ing within the drainage basin of the ACT in the States

22 of Alabama and Georgia.

23 ‘‘ARTICLE—III

24 ‘‘PARTIES

25 ‘‘The parties to this Compact are the States of Ala26 bama and Georgia and the United States of America.
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1 ‘‘ARTICLE—IV

2 ‘‘DEFINITIONS

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

4 words, phrases and terms shall have the following mean5 ings:

6 ‘‘(a) ‘ACT Basin’ or ‘ACT’ means the area of

7 natural drainage into the Alabama River and its

8 tributaries, the Coosa River and its tributaries, and

9 the Tallapoosa River and its tributaries. Any ref10 erence to the rivers within this Compact will be des11 ignated using the letters ‘ACT’ and when so ref12 erenced will mean each of these three rivers and

13 each of the tributaries to each such river.

14 ‘‘(b) ‘Allocation formula’ means the methodology, in

15 whatever form, by which the ACT Basin Commission de16 termines an equitable apportionment of surface waters

17 within the ACT Basin among the two States. Such for18 mula may be represented by a table, chart, mathematical

19 calculation or any other expression of the Commission’s

20 apportionment of waters pursuant to this compact.

21 ‘‘(c) ‘Commission’ or ‘ACT Basin Commission’ means

22 the Alabama-Coosa-Tallapoosa River Basin Commission

23 created and established pursuant to this Compact.
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1 ‘‘(d) ‘Ground waters’ means waters within a satu2 rated zone or stratum beneath the surface of land, wheth3 er or not flowing through known and definite channels.

4 ‘‘(e) ‘Person’ means any individual, firm, association,

5 organization, partnership, business, trust, corporation,

6 public corporation, company, the United States of Amer7 ica, any State, and all political subdivisions, regions, dis8 tricts, municipalities, and public agencies thereof.

9 ‘‘(f) ‘Surface waters’ means waters upon the surface

10 of the earth, whether contained in bounds created natu11 rally or artificially or diffused. Water from natural springs

12 shall be considered ‘surface waters’ when it exits from the

13 spring onto the surface of the earth.

14 ‘‘(g) ‘United States’ means the executive branch of

15 the government of the United States of America, and any

16 department, agency, bureau or division thereof.

17 ‘‘(h) ‘Water Resource Facility’ means any facility or

18 project constructed for the impoundment, diversion, reten19 tion, control or regulation of waters within the ACT Basin

20 for any purpose.

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

22 waters and ground waters contained or otherwise originat23 ing within the ACT Basin.
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1 ‘‘ARTICLE—V

2 ‘‘CONDITIONS PRECEDENT TO LEGAL VIABILITY OF THE

3 COMPACT

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

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

6 the States of Alabama and Georgia and by the Congress

7 of the United States of America.

8 ‘‘ARTICLE—VI

9 ‘‘ACT BASIN COMMISSION CREATED

10 ‘‘(a) There is hereby created an interstate adminis11 trative agency to be known as the ‘ACT Basin Commis12 sion.’ The Commission shall be comprised of one member

13 representing the State of Alabama, one member represent14 ing the State of Georgia, and one non-voting member rep15 resenting the United States of America. The State mem16 bers shall be known as ‘State Commissioners’ and the

17 Federal member shall be known as ‘Federal Commis18 sioner.’ The ACT Basin Commission is a body politic and

19 corporate, with succession for the duration of this Com20 pact.

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

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

23 State Commissioner shall appoint one or more alternate

24 members and one of such alternates as designated by the

25 State Commissioner shall serve in the State Commis-
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1 sioner’s place and carry out the functions of the State

2 Commissioner, including voting on Commission matters,

3 in the event the State Commissioner is unable to attend

4 a meeting of the Commission. The alternate members

5 from each State shall be knowledgeable in the field of

6 water resources management. Unless otherwise provided

7 by law of the State for which an alternate State Commis8 sioner is appointed, each alternate State Commissioner

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

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

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

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

13 shall appoint the Federal Commissioner who shall serve

14 as the representative of all Federal agencies with an inter15 est in the ACT. The President shall also appoint an alter16 nate Federal Commissioner to attend and participate in

17 the meetings of the Commission in the event the Federal

18 Commissioner is unable to attend meetings. When at

19 meetings, the alternate Federal Commissioner shall pos20 sess all of the powers of the Federal Commissioner. The

21 Federal Commissioner and alternate appointed by the

22 President shall serve until they resign or their replace23 ments are appointed.

24 ‘‘(d) Each State shall have one vote on the ACT

25 Basin Commission and the Commission shall make all de-
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1 cisions and exercise all powers by unanimous vote of the

2 two State Commissioners. The Federal Commissioner

3 shall not have a vote but shall attend and participate in

4 all meetings of the ACT Basin Commission to the same

5 extent as the State Commissioners.

6 ‘‘(e) The ACT Basin Commission shall meet at least

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

8 meeting shall take place within ninety days of the ratifica9 tion of the Compact by the Congress of the United States

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

11 Special meetings of the Commission may be called at the

12 discretion of the chairman of the Commission and shall

13 be called by the chairman of the Commission upon written

14 request of any member of the Commission. All members

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

16 regular or special meeting at least five days prior to such

17 meeting in one of the following ways: by written notice

18 mailed to the last mailing address given to the Commission

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

20 The Chairmanship of the Commission shall rotate annu21 ally among the voting members of the Commission on an

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

23 Commissioner representing the State of Alabama.

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

25 to the public.
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1 ‘‘(g) The ACT Basin Commission, so long as the ex2 ercise of power is consistent with this Compact, shall have

3 the following general powers:

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

5 its conduct;

6 ‘‘(2) to sue and be sued in any court of com7 petent jurisdiction;

8 ‘‘(3) to retain and discharge professional, tech9 nical, clerical and other staff and such consultants

10 as are necessary to accomplish the purposes of this

11 Compact;

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

13 and expend funds for any lawful purpose;

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

15 where appropriate, in order to accomplish the pur16 poses of this Compact;

17 ‘‘(6) to create committees and delegate respon18 sibilities;

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

20 recommendations for the water resources of the ACT

21 Basin for the purposes of, but not limited to, mini22 mizing adverse impacts of floods and droughts and

23 improving water quality, water supply, and conserva24 tion as may be deemed necessary by the Commis25 sion;
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1 ‘‘(8) to participate with other governmental and

2 non-governmental entities in carrying out the pur3 poses of this Compact;

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

5 regarding the water resources of the ACT Basin,

6 and to share this information among the Commis7 sion members and with others;

8 ‘‘(10) to cooperate with appropriate State, Fed9 eral, and local agencies or any other person in the

10 development, ownership, sponsorship, and operation

11 of water resource facilities in the ACT Basin; pro12 vided, however, that the Commission shall not own

13 or operate a federally-owned water resource facility

14 unless authorized by the United States Congress;

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

16 personal and real property as may be necessary for

17 the performance of its duties under the Compact;

18 provided, however, that nothing in this Compact

19 shall be construed as granting the ACT Basin Com20 mission authority to issue bonds or to exercise any

21 right of eminent domain or power of condemnation;

22 ‘‘(12) to establish and modify an allocation for23 mula for apportioning the surface waters of the ACT

24 Basin among the States of Alabama and Georgia;

25 and
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1 ‘‘(13) to perform all functions required of it by

2 this Compact and to do all things necessary, proper

3 or convenient in the performance of its duties here4 under, either independently or in cooperation with

5 any State or the United States.

6 ‘‘ARTICLE—VII

7 ‘‘EQUITABLE APPORTIONMENT

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

9 to develop an allocation formula for equitably apportioning

10 the surface waters of the ACT Basin among the States

11 while protecting the water quality, ecology and biodiversity

12 of the ACT, as provided in the Clean Water Act, 33 U.S.C.

13 Sections 1251 et seq., the Endangered Species Act, 16

14 U.S.C. Sections 1532 et seq., the National Environmental

15 Policy Act, 42 U.S.C. Sections 4321 et seq., the Rivers

16 and Harbors Act of 1899, 33 U.S.C. Sections 401 et seq.,

17 and other applicable Federal laws. For this purpose, all

18 members of the ACT Basin Commission, including the

19 Federal Commissioner, shall have full rights to notice of

20 and participation in all meetings of the ACT Basin Com21 mission and technical committees in which the basis and

22 terms and conditions of the allocation formula are to be

23 discussed or negotiated. When an allocation formula is

24 unanimously approved by the State Commissioners, there

25 shall be an agreement among the States regarding an allo-
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1 cation formula. The allocation formula thus agreed upon

2 shall become effective and binding upon the parties to this

3 Compact upon receipt by the Commission of a letter of

4 concurrence with said formula from the Federal Commis5 sioner. If, however, the Federal Commissioner fails to sub6 mit a letter of concurrence to the Commission within two

7 hundred ten (210) days after the allocation formula is

8 agreed upon by the State Commissioners, the Federal

9 Commissioner shall within forty-five (45) days thereafter

10 submit to the ACT Basin Commission a letter of non11 concurrence with the allocation formula setting forth

12 therein specifically and in detail the reasons for non13 concurrence; provided, however, the reasons for non14 concurrence as contained in the letter of nonconcurrence

15 shall be based solely upon Federal law. The allocation for16 mula shall also become effective and binding upon the par17 ties to this Compact if the Federal Commissioner fails to

18 submit to the ACT Basin Commission a letter of non19 concurrence in accordance with this Article. Once adopted

20 pursuant to this Article, the allocation formula may only

21 be modified by unanimous decision of the State Commis22 sioners and the concurrence by the Federal Commissioner

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

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

25 United States operates certain projects within the ACT
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1 Basin that may influence the water resources within the

2 ACT Basin. The parties to this Compact further acknowl3 edge and recognize that various agencies of the United

4 States have responsibilities for administering certain Fed5 eral laws and exercising certain Federal powers that may

6 influence the water resources within the ACT Basin. It

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

8 United States, to achieve compliance with the allocation

9 formula adopted in accordance with this Article. Accord10 ingly, once an allocation formula is adopted, each and

11 every officer, agency, and instrumentality of the United

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

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

14 discretion in a manner consistent with the allocation for15 mula so long as the exercise of such powers, authority,

16 and discretion is not in conflict with Federal law.

17 ‘‘(c) Between the effective date of this Compact and

18 the approval of the allocation formula under this Article,

19 the signatories to this Compact agree that any person who

20 is withdrawing, diverting, or consuming water resources

21 of the ACT Basin as of the effective date of this Compact,

22 may continue to withdraw, divert or consume such water

23 resources in accordance with the laws of the State where

24 such person resides or does business and in accordance

25 with applicable Federal laws. The parties to this Compact
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1 further agree that any such person may increase the

2 amount of water resources withdrawn, diverted or

3 consumed to satisfy reasonable increases in the demand

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

5 Compact and the date on which an allocation formula is

6 approved by the ACT Basin Commission as permitted by

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

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

9 parties to this Compact in the event any person increases

10 the withdrawal, diversion or consumption of such water

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

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

13 who was not withdrawing, diverting or consuming any

14 water resources from the ACT Basin as of the effective

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

16 consume more than one million gallons per day on an aver17 age annual daily basis from such resources. This Article

18 shall not be construed as granting any permanent, vested

19 or perpetual rights to the amounts of water used between

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

21 adopts an allocation formula.

22 ‘‘(d) As the owner, operator, licensor, permitting au23 thority or regulator of a water resource facility under its

24 jurisdiction, each State shall be responsible for using its

25 best efforts to achieve compliance with the allocation for-
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1 mula adopted pursuant to this Article. Each such State

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

3 compliance with the allocation formula.

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

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

6 State to any allocation formula not acceptable to such

7 State.

8 ‘‘ARTICLE—VIII

9 ‘‘CONDITIONS RESULTING IN TERMINATION OF THE

10 COMPACT

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

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

13 following events occur:

14 ‘‘(1) The legislatures of the States of Alabama

15 and Georgia each agree by general laws enacted by

16 each State within any three consecutive years that

17 this Compact should be terminated.

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

19 expressly repealing this Compact.

20 ‘‘(3) The States of Alabama and Georgia fail to

21 agree on an equitable apportionment of the surface

22 waters of the ACT as provided in Article VII(a) of

23 this Compact by December 31, 1998, unless the vot24 ing members of the ACT Basin Commission unani25 mously agree to extend this deadline.
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1 ‘‘(4) The Federal Commissioner submits to the

2 Commission a letter of nonconcurrence in the initial

3 allocation formula in accordance with Article VII(a)

4 of the Compact, unless the voting members of the

5 ACT Basin Commission unanimously agree to allow

6 a single 45 day period in which the non-voting Fed7 eral Commissioner and the voting State Commis8 sioners may renegotiate an allocation formula and

9 the Federal Commissioner withdraws the letter of

10 nonconcurrence upon completion of this renegoti11 ation.

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

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

14 shall not be the subject of any proceeding for the enforce15 ment thereof in any Federal or State court. Further, if

16 so terminated, no party shall be deemed to have acquired

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

18 become a signatory to this Compact.

19 ‘‘ARTICLE—IX

20 ‘‘COMPLETION OF STUDIES PENDING ADOP21 TION OF ALLOCATION FORMULA

22 ‘‘The ACT Basin Commission, in conjunction with

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

24 is hereby authorized to participate in any study in process

25 as of the effective date of this Compact, including, without
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1 limitation, all or any part of the Alabama-Coosa2 Tallapoosa/ Apalachicola-Chattahoochee-Flint River Basin

3 Comprehensive Water Resource Study, as may be deter4 mined by the Commission in its sole discretion.

5 ‘‘ARTICLE—X

6 ‘‘RELATIONSHIP TO OTHER LAWS

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

8 United States Congress by ratifying this Compact, that

9 all State and Federal officials enforcing, implementing or

10 administering other State and Federal laws affecting the

11 ACT Basin shall, to the maximum extent practicable, en12 force, implement or administer those laws in furtherance

13 of the purposes of this Compact and the allocation formula

14 adopted by the Commission insofar as such actions are

15 not in conflict with applicable Federal laws.

16 ‘‘(b) Nothing contained in this Compact shall be

17 deemed to restrict the executive powers of the President

18 in the event of a national emergency.

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

20 or affect the constitutional authority of the United States

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

22 other existing or future laws in and over the area or wa23 ters which are the subject of the Compact, including

24 projects of the Commission, nor shall any act of the Com25 mission have the effect of repealing, modifying or amend-
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1 ing any Federal law. All officers, agencies and instrumen2 talities of the United States shall exercise their powers and

3 authority over water resources in the ACT Basin and

4 water resource facilities, and to the maximum extent prac5 ticable, shall exercise their discretion in carrying out their

6 responsibilities, powers, and authorities over water re7 sources in the ACT Basin and water resource facilities in

8 the ACT Basin in a manner consistent with and that effec9 tuates the allocation formula developed pursuant to this

10 Compact or any modification of the allocation formula so

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

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

13 or its successors, and all other Federal agencies and in14 strumentalities shall cooperate with the ACT Basin Com15 mission in accomplishing the purposes of the Compact and

16 fulfilling the obligations of each of the parties to the Com17 pact regarding the allocation formula.

18 ‘‘(d) Once adopted by the two States and ratified by

19 the United States Congress, this Compact shall have the

20 full force and effect of Federal law, and shall supersede

21 State and local laws operating contrary to the provisions

22 herein or the purposes of this Compact; provided, however,

23 nothing contained in this Compact shall be construed as

24 affecting or intending to affect or in any way to interfere

25 with the laws of the respective signatory States relating
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1 to water quality, and riparian rights as among persons ex2 clusively within each State.

3 ‘‘ARTICLE—XI

4 ‘‘PUBLIC PARTICIPATION

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

6 public. The signatory parties recognize the importance and

7 necessity of public participation in activities of the Com8 mission, including the development and adoption of the

9 initial allocation formula and any modification thereto.

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

11 Commission shall adopt procedures ensuring public par12 ticipation in the development, review, and approval of the

13 initial allocation formula and any subsequent modification

14 thereto. At a minimum, public notice to interested parties

15 and a comment period shall be provided. The Commission

16 shall respond in writing to relevant comments.

17 ‘‘ARTICLE—XII

18 ‘‘FUNDING AND EXPENSES OF THE COMMISSION

19 ‘‘Commissioners shall serve without compensation

20 from the ACT Basin Commission. All general operational

21 funding required by the Commission and agreed to by the

22 voting members shall obligate each State to pay an equal

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

24 Commission by a State in payment of such obligation shall

25 not lapse; provided, however, that if any State fails to
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1 remit payment within 90 days after payment is due, such

2 obligation shall terminate and any State which has made

3 payment may have such payment returned. Costs of at4 tendance and participation at meetings of the Commission

5 by the Federal Commissioner shall be paid by the United

6 States.

7 ‘‘ARTICLE—XIII

8 ‘‘DISPUTE RESOLUTION

9 ‘‘(a) In the event of a dispute between the voting

10 members of this Compact involving a claim relating to

11 compliance with the allocation formula adopted by the

12 Commission under this Compact, the following procedures

13 shall govern:

14 ‘‘(1) Notice of claim shall be filed with the

15 Commission by a voting member of this Compact

16 and served upon each member of the Commission.

17 The notice shall provide a written statement of the

18 claim, including a brief narrative of the relevant

19 matters supporting the claimant’s position.

20 ‘‘(2) Within twenty (20) days of the Commis21 sion’s receipt of a written statement of a claim, the

22 party or parties to the Compact against whom the

23 complaint is made may prepare a brief narrative of

24 the relevant matters and file it with the Commission

25 and serve it upon each member of the Commission.
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1 ‘‘(3) Upon receipt of a claim and any response

2 or responses thereto, the Commission shall convene

3 as soon as reasonably practicable, but in no event

4 later than twenty (20) days from receipt of any re5 sponse to the claim, and shall determine if a resolu6 tion of the dispute is possible.

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

8 through unanimous vote of the State Commissioners

9 shall be binding upon the State parties and any

10 State party determined to be in violation of the allo11 cation formula shall correct such violation without

12 delay.

13 ‘‘(5) If the Commission is unable to resolve the

14 dispute within 10 days from the date of the meeting

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

16 Article, the Commission shall select, by unanimous

17 decision of the voting members of the Commission,

18 an independent mediator to conduct a non-binding

19 mediation of the dispute. The mediator shall not be

20 a resident or domiciliary of any member State, shall

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

22 Commission, shall be a person knowledgeable in

23 water resource management issues, and shall dis24 close any and all current or prior contractual or

25 other relations to any member of the Commission.
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1 The expenses of the mediator shall be paid by the

2 Commission. If the mediator becomes unwilling or

3 unable to serve, the Commission by unanimous deci4 sion of the voting members of the Commission, shall

5 appoint another independent mediator.

6 ‘‘(6) If the Commission fails to appoint an inde7 pendent mediator to conduct a non-binding medi8 ation of the dispute within seventy-five (75) days of

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

10 days of the date on which the Commission learns

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

12 party submitting the claim shall have no further ob13 ligation to bring the claim before the Commission

14 and may proceed by pursuing any appropriate rem15 edies, including any and all judicial remedies.

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

17 mediator shall establish the time and location for the

18 mediation session or sessions and may request that

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

20 mediator a statement of its position regarding the

21 issue or issues in dispute. Such statements shall not

22 be exchanged by the parties except upon the unani23 mous agreement of the parties to the mediation.

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

25 information disclosed to the mediator by the parties
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1 or by witnesses, if any, in the course of the medi2 ation. All records, reports, or other documents re3 ceived by a mediator while serving as a mediator

4 shall be considered confidential. The mediator shall

5 not be compelled in any adversary proceeding or ju6 dicial forum to divulge the contents of such docu7 ments or the fact that such documents exist or to

8 testify in regard to the mediation.

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

10 the confidentiality of the information received during

11 the mediation and shall not rely on or introduce in

12 any judicial proceeding as evidence:

13 ‘‘(a) Views expressed or suggestions made

14 by another party regarding a settlement of the

15 dispute;

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

17 the mediator; or

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

19 hearing had or had not indicated a willingness

20 to accept a proposal for settlement of the dis21 pute.

22 ‘‘(10) The mediator may terminate the non23 binding mediation session or sessions whenever, in

24 the judgment of the mediator, further efforts to re25 solve the dispute would not lead to a resolution of
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1 the dispute between or among the parties. Any party

2 to the dispute may terminate the mediation process

3 at any time by giving written notification to the me4 diator and the Commission. If terminated prior to

5 reaching a resolution, the party submitting the origi6 nal claim to the Commission shall have no further

7 obligation to bring its claim before the Commission

8 and may proceed by pursuing any appropriate rem9 edies, including any and all judicial remedies.

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

11 require the parties to enter into a settlement of any

12 dispute regarding the Compact. The mediator may

13 simply attempt to assist the parties in reaching a

14 mutually acceptable resolution of their dispute. The

15 mediator is authorized to conduct joint and separate

16 meetings with the parties to the mediation and to

17 make oral or written recommendations for a settle18 ment of the dispute.

19 ‘‘(12) At any time during the mediation proc20 ess, the Commission is encouraged to take whatever

21 steps it deems necessary to assist the mediator or

22 the parties to resolve the dispute.

23 ‘‘(13) In the event of a proceeding seeking en24 forcement of the allocation formula, this Compact

25 creates a cause of action solely for equitable relief.
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1 No action for money damages may be maintained.

2 The party or parties alleging a violation of the Com3 pact shall have the burden of proof.

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

5 member and the United States relating to a State’s non6 compliance with the allocation formula as a result of ac7 tions or a refusal to act by officers, agencies or instrumen8 talities of the United States, the provisions set forth in

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

10 of subparagraph (a)(4)) shall apply.

11 ‘‘(c) The United States may initiate dispute resolu12 tion under paragraph (a) in the same manner as other

13 parties to this Compact.

14 ‘‘(d) Any signatory party who is affected by any ac15 tion of the Commission, other than the adoption or en16 forcement of or compliance with the allocation formula,

17 may file a complaint before the ACT Basin Commission

18 seeking to enforce any provision of this Compact.

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

20 an independent hearing officer or mediator, to con21 duct a hearing or mediation of the dispute. If the

22 parties are unable to settle their dispute through

23 mediation, a hearing shall be held by the Commis24 sion or its designated hearing officer. Following a

25 hearing conducted by a hearing officer, the hearing
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1 officer shall submit a report to the Commission set2 ting forth findings of fact and conclusions of law,

3 and making recommendations to the Commission for

4 the resolution of the dispute.

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

6 recommendations of the hearing officer within 60

7 days of submittal of the report. If the Commission

8 is unable to reach unanimous agreement on the reso9 lution of the dispute within 60 days of submittal of

10 the report with the concurrence of the Federal Com11 missioner in disputes involving or affecting Federal

12 interests, the affected party may file an action in

13 any court of competent jurisdiction to enforce the

14 provisions of this Compact. The hearing officer’s re15 port shall be of no force and effect and shall not be

16 admissible as evidence in any further proceedings.

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

18 the following provisions:

19 ‘‘(1) The Commission shall adopt guidelines

20 and procedures for the appointment of hearing offi21 cers or independent mediators to conduct all hear22 ings and mediations required under this Article. The

23 hearing officer or mediator appointed under this Ar24 ticle shall be compensated by the Commission.
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1 ‘‘(2) All hearings or mediations conducted

2 under this article may be conducted utilizing the

3 Federal Administrative Procedures Act, the Federal

4 Rules of Civil Procedure, and the Federal Rules of

5 Evidence. The Commission may also choose to adopt

6 some or all of its own procedural and evidentiary

7 rules for the conduct of hearings or mediations

8 under this Compact.

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

10 be limited to equitable relief only. This Compact

11 shall not give rise to a cause of action for money

12 damages.

13 ‘‘(4) Any signatory party bringing an action be14 fore the Commission under this Article shall have

15 the burdens of proof and persuasion.

16 ‘‘ARTICLE—XIV

17 ‘‘ENFORCEMENT

18 ‘‘The Commission may, upon unanimous decision,

19 bring an action against any person to enforce any provi20 sion of this Compact, other than the adoption or enforce21 ment of or compliance with the allocation formula, in any

22 court of competent jurisdiction.
27

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1 ‘‘ARTICLE—XV

2 ‘‘IMPACTS ON OTHER STREAM SYSTEMS

3 ‘‘This Compact shall not be construed as establishing

4 any general principle or precedent applicable to any other

5 interstate streams.

6 ‘‘ARTICLE—XVI

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

8 BOUNDARIES OF THE COMPACTING STATES

9 ‘‘The provisions of this Compact shall not interfere

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

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

12 providing such State action is not inconsistent with the

13 allocation formula.

14 ‘‘ARTICLE—XVII

15 ‘‘AGREEMENT REGARDING WATER QUALITY

16 ‘‘(a) The States of Alabama and Georgia mutually

17 agree to the principle of individual State efforts to control

18 man-made water pollution from sources located and oper19 ating within each State and to the continuing support of

20 each State in active water pollution control programs.

21 ‘‘(b) The States of Alabama and Georgia agree to co22 operate, through their appropriate State agencies, in the

23 investigation, abatement, and control of sources of alleged

24 interstate pollution within the ACT River Basin whenever
28

•SJ 33 IS

1 such sources are called to their attention by the Commis2 sion.

3 ‘‘(c) The States of Alabama and Georgia agree to co4 operate in maintaining the quality of the waters of the

5 ACT River Basin.

6 ‘‘(d) The States of Alabama and Georgia agree that

7 no State may require another State to provide water for

8 the purpose of water quality control as a substitute for

9 or in lieu of adequate waste treatment.

10 ‘‘ARTICLE—XVIII

11 ‘‘EFFECT OF OVER OR UNDER DELIVERIES UNDER THE

12 COMPACT

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

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

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

16 Compact.

17 ‘‘ARTICLE—XIX

18 ‘‘SEVERABILITY

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

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

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

22 the fullest possible force, effect, and application.
29

•SJ 33 IS

1 ‘‘ARTICLE—XX

2 ‘‘NOTICE AND FORMS OF SIGNATURE

3 ‘‘Notice of ratification of this Compact by the legisla4 ture of each State shall promptly be given by the Governor

5 of the ratifying State to the Governor of the other partici6 pating State. When the two State legislatures have ratified

7 the Compact, notice of their mutual ratification shall be

8 forwarded to the Congressional delegation of the signatory

9 States for submission to the Congress of the United States

10 for ratification. When the Compact is ratified by the Con11 gress of the United States, the President, upon signing

12 the Federal ratification legislation, shall promptly notify

13 the Governors of the participating States and appoint the

14 Federal Commissioner. The Compact shall be signed by

15 all three Commissioners as their first order of business

16 at their first meeting and shall be filed of record in the

17 party States.’’.

18 SEC. 2. INCONSISTENCY OF LANGUAGE.

19 The validity of the compacts consented to by this Act

20 shall not be affected by any insubstantial difference in

21 their form or language as adopted by the States.

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

23 The right to alter, amend, or repeal this joint resolu24 tion is hereby expressly reserved.

Æ