I 

111TH CONGRESS 

2D SESSION H. R. 6006 

To affirm that waters of the Great Lakes Basin are impressed with a 

public trust and managed consistent with public trust principles and 

other standards to protect the navigational, conservation, and public 

interests in such waters, to provide for enforcement, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 30, 2010 

Mr. KUCINICH introduced the following bill; which was referred to the 

Committee on Transportation and Infrastructure 

A BILL 

To affirm that waters of the Great Lakes Basin are impressed with a public trust and managed consistent with 

public trust principles and other standards to protect 

the navigational, conservation, and public interests in 

such waters, to provide for enforcement, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

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1 SECTION 1. PROTECTING WATER RESOURCES IN THE 

2 GREAT LAKES. 

3 (a) AMENDMENTS TO FINDINGS.—Section 1109(a) of 

4 the Water Resources Development Act of 1986 (42 U.S.C. 

5 1962d–20(a)) is amended— 

6 (1) in paragraph (1) by striking ‘‘the Great 

7 Lakes are a most important natural resource’’ and 

8 inserting ‘‘the Great Lakes and the waters of the 

9 Great Lakes Basin are impressed with a public trust 

10 and are critical’’; 

11 (2) by redesignating paragraphs (2) through 

12 (4) as paragraphs (3) through (5); and 

13 (3) by inserting after paragraph (1) the fol14 lowing: 

15 ‘‘(2) the Great Lakes, their connecting waters, 

16 tributary streams, lakes, and groundwater are a sin17 gle hydrologic system which must be protected, con18 served, and maintained as a whole;’’. 

19 (b) AMENDMENTS TO PURPOSE AND POLICY.—Sec20 tion 1109(b) of such Act (42 U.S.C. 1962d–20(b)) is 

21 amended— 

22 (1) in paragraph (2) by striking ‘‘water con23 servation and’’ and inserting ‘‘water conservation, 

24 public trust, maintaining flows and levels of navi25 gable waters, and water’’; 

26 (2) in paragraph (3)— 

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1 (A) by striking ‘‘diversion’’ both places it 

2 appears and inserting ‘‘diversion or export’’; 

3 and 

4 (B) by striking ‘‘; and’’ and inserting ‘‘in 

5 accordance and consistent with the mechanism, 

6 standard, and principles described in paragraph 

7 (2);’’; 

8 (3) in paragraph (4) by striking the period at 

9 the end and inserting ‘‘; and’’; and 

10 (4) by adding at the end the following: 

11 ‘‘(5) to provide for the enforcement of the pro12 hibitions and requirements of this section.’’. 

13 (c) OTHER TECHNICAL AND CONFORMING AMEND14 MENTS.—Section 1109(d) of such Act (42 U.S.C. 1962d– 

15 20(d)) is amended— 

16 (1) by striking ‘‘tributary’’ and inserting ‘‘trib17 utary, including tributary groundwater,’’; and 

18 (2) by striking the period at the end and insert19 ing ‘‘in accordance and consistent with the mecha20 nism, standard, and principles described in sub21 section (b)(2).’’ 

22 (d) CIVIL SUIT PROVISION.—Section 1109 of such 

23 Act (42 U.S.C. 1962d–20) is amended— 

24 (1) by redesignating subparagraph (f) as sub25 paragraph (g); and 

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1 (2) by inserting after subparagraph (e) the fol2 lowing: 

3 ‘‘(f) The prohibition on any diversion or export of 

4 water under subsection (d) may be enforced through a civil 

5 suit filed by the Federal Government, a State or local gov6 ernment, or by any person or organization whose property 

7 or other legally recognized interest will be adversely af8 fected. The proper venue for the civil suit shall be the Fed9 eral judicial district with jurisdiction over any portion of 

10 the Great Lakes Basin and from which the diversion or 

11 export of water will occur or has occurred. The court may 

12 award attorney fees, expert witness fees, and costs as the 

13 interests of justice may require.’’. 

Æ 

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