ing Standard and may be approved as appropriate only 
when the following criteria are met: 
‘‘1. All Water Withdrawn shall be returned, ei-
ther 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 ad-
verse impacts to the quantity or quality of the Wa-
ters 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 Conserva-
tion 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 
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provides for efficient use of the water, and will 
avoid or minimize the waste of Water; 
‘‘b. If the Proposal is for an increased 
Withdrawal or Consumptive use, whether effi-
cient use is made of existing water supplies; 
‘‘c. The balance between economic develop-
ment, 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 reli-
ability and safe yield of hydrologically inter-
connected 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 arrange-
ments for avoidance or mitigation of such im-
pacts; 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. Par-
ties may impose a more restrictive decision-making stand-
ard for Withdrawals under their authority. It is also ac-
knowledged 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 sys-
tems 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 
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other capacity limiting factors. The capacity of 
the existing systems must represent the state of 
the systems. Existing capacity determinations 
shall be based upon approval limits or the most 
restrictive capacity information. 
‘‘b. For all purposes of this Compact, volumes 
of Diversions, Consumptive Uses, or Withdrawals of 
Water set forth in the list(s) prepared by each Party 
in accordance with this Section, shall constitute the 
baseline volume. 
‘‘c. The list(s) shall be furnished to the Re-
gional 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 pro-
poses a project that shall result in a Proposal for a New 
or Increased Diversion or Consumptive Use subject to Re-
gional Review or Council approval, the change of owner-
ship 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 
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New or Increased Diversions, Consumptive Uses or With-
drawals of surface water and groundwater. 
‘‘6. Withdrawal Systems. The total volume of surface 
water and groundwater resources that supply a common 
distribution system shall determine the volume of a With-
drawal, 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 hydro-
logic 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 Com-
pact in the same manner as a Proposal for a Diversion. 
Each Party shall have the discretion, within its jurisdic-
tion, 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. 
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‘‘Section 4.13. Exemptions. 
‘‘Withdrawals from the Basin for the following pur-
poses are exempt from the requirements of Article 4. 
‘‘1. To supply vehicles, including vessels and 
aircraft, whether for the needs of the persons or ani-
mals being transported or for ballast or other needs 
related to the operation of the vehicles. 
‘‘2. To use in a non-commercial project on a 
short-term basis for firefighting, humanitarian, or 
emergency response purposes. 
‘‘Section 4.14. U.S. Supreme Court Decree: 
Wisconsin et al. v. Illinois et al. 
‘‘1. Notwithstanding any terms of this Compact to 
the contrary, with the exception of Paragraph 5 of this 
Section, current, New or Increased Withdrawals, Con-
sumptive 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 Para-
graph 5 of this Section, for purposes of this Compact, cur-
rent, 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 
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United States Supreme Court decree in Wisconsin et al. 
v. Illinois et al. 
‘‘2. The Parties acknowledge that the United States 
Supreme Court decree in Wisconsin et al. v. Illinois et al. 
shall continue in full force and effect, that this Compact 
shall not modify any terms thereof, and that this Compact 
shall grant the parties no additional rights, obligations, 
remedies or defenses thereto. The Parties specifically ac-
knowledge 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 un-
reasonably impede or restrict such participation. 
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‘‘3. With the exception of Paragraph 5 of this Sec-
tion, 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 Com-
pact, the State of Illinois is prohibited from using any 
term of this Compact, including Section 4.9, to seek New 
or Increased Withdrawals, Consumptive Uses or Diver-
sions of Basin Water. 
‘‘4. With the exception of Paragraph 5 of this Sec-
tion, 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 Illi-
nois, including the Water Conservation Programs provi-
sion 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 Illi-
nois regarding such a Proposal would be subject to all 
terms of this Compact, except Paragraphs 1, 3 and 4 of 
this Section. 
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‘‘6. For purposes of the State of Illinois’ participation 
in this Compact, the entirety of this Section 4.14 is nec-
essary 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 Im-
pacts. 
‘‘1. The Parties in cooperation with the Provinces 
shall collectively conduct within the Basin, on a Lake wa-
tershed and St. Lawrence River Basin basis, a periodic 
assessment of the Cumulative Impacts of Withdrawals, Di-
versions 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 assess-
ment 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; 
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‘‘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 Meas-
ures to exercise caution in cases of uncertainty if se-
rious damage may result; 
‘‘c. Consider adaptive management principles 
and approaches, recognizing, considering and pro-
viding adjustments for the uncertainties in, and evo-
lution of science concerning the Basin’s water re-
sources, watersheds and ecosystems, including poten-
tial 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 re-
quired to participate in this assessment. 
‘‘3. Unless required by other statutes, Applicants are 
not required to conduct a separate cumulative impact as-
sessment in connection with an Application but shall sub-
mit information about the potential impacts of a Proposal 
to the quantity or quality of the Waters and Water De-
pendent Natural Resources of the applicable Source Wa-
tershed. An Applicant may, however, provide an analysis 
of how their Proposal meets the no significant adverse Cu-
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mulative 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 Re-
view pursuant to this Compact. Such consultations shall 
be organized in the manner suitable to the individual Pro-
posal 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 organiza-
tions 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 no-
tice from the Council shall inform the Tribes of any meet-
ing 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. 
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‘‘3. In addition to the specific consultation mecha-
nisms described above, the Council shall seek to establish 
mutually-agreed upon mechanisms or processes to facili-
tate 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 proc-
esses with federally recognized Tribes designed to facili-
tate on-going scientific and technical interaction and data 
exchange regarding matters falling within the scope of this 
Compact. This may include participation of tribal rep-
resentatives on advisory committees established under this 
Compact or such other processes that are mutually-agreed 
upon with federally recognized Tribes individually or 
through duly-authorized intertribal agencies or bodies. 
‘‘ARTICLE 6 
‘‘PUBLIC PARTICIPATION 
‘‘Section 6.1. Meetings, Public Hearings and 
Records. 
‘‘1. The Parties recognize the importance and neces-
sity of public participation in promoting management of 
the Water Resources of the Basin. Consequently, all meet-
ings of the Council shall be open to the public, except with 
respect to issues of personnel. 
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‘‘2. The minutes of the Council shall be a public 
record open to inspection at its offices during regular busi-
ness hours. 
‘‘Section 6.2. Public Participation. 
‘‘It is the intent of the Council to conduct public par-
ticipation processes concurrently and jointly with proc-
esses undertaken by the Parties and through Regional Re-
view. To ensure adequate public participation, each Party 
or the Council shall ensure procedures for the review of 
Proposals subject to the Standard of Review and Decision 
consistent with the following requirements: 
‘‘1. Provide public notification of receipt of all 
Applications and a reasonable opportunity for the 
public to submit comments before Applications are 
acted upon. 
‘‘2. Assure public accessibility to all documents 
relevant to an Application, including public comment 
received. 
‘‘3. Provide guidance on standards for deter-
mining whether to conduct a public meeting or hear-
ing for an Application, time and place of such a 
meeting(s) or hearing(s), and procedures for con-
ducting of the same. 
‘‘4. Provide the record of decision for public in-
spection including comments, objections, responses 
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and approvals, approvals with conditions and dis-
approvals. 
‘‘ARTICLE 7 
‘‘DISPUTE RESOLUTION AND 
ENFORCEMENT 
‘‘Section 7.1. Good Faith Implementation. 
‘‘Each of the Parties pledges to support implementa-
tion of all provisions of this Compact, and covenants that 
its officers and agencies shall not hinder, impair, or pre-
vent 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 re-
garding interpretation, application and implementation of 
this Compact shall be settled by alternative dispute resolu-
tion. 
‘‘2. The Council, in consultation with the Provinces, 
shall provide by rule procedures for the resolution of dis-
putes 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 Com-
pact shall be entitled to a hearing before the Council. Any 
Person aggrieved by a Party action shall be entitled to 
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a hearing pursuant to the relevant Party’s administrative 
procedures and laws. After exhaustion of such administra-
tive 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 com-
petent jurisdiction, provided that an action or proceeding 
for such review is commenced within the time frames pro-
vided for by the Party’s law. For the purposes of this 
paragraph, a State or Province is deemed to be an ag-
grieved Person with respect to any Party action pursuant 
to this Compact. 
‘‘2. a. Any Party or the Council may initiate actions 
to compel compliance with the provisions of this Compact, 
and the rules and regulations promulgated hereunder by 
the Council. Jurisdiction over such actions is granted to 
the court of the relevant Party, as well as the United 
States District Courts for the District of Columbia and 
the District Court in which the Council maintains offices. 
The remedies available to any such court shall include, but 
not be limited to, equitable relief and civil penalties. 
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‘‘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 regula-
tions 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 ap-
proval having been given, undertake a New or Increased 
Withdrawal, Consumptive Use or Diversion that is prohib-
ited or subject to approval pursuant to this Compact. 
‘‘a. No action under this subsection may be 
commenced if: 
‘‘i. The Originating Party or Council ap-
proval for the New or Increased Withdrawal, 
Consumptive Use or Diversion has been grant-
ed; or, 
‘‘ii. The Originating Party or Council has 
found that the New or Increased Withdrawal, 
Consumptive Use or Diversion is not subject to 
approval pursuant to this Compact. 
‘‘b. No action under this subsection may be 
commenced unless: 
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‘‘i. A Person commencing such action has 
first given 60 days prior notice to the Origi-
nating Party, the Council and Person alleged to 
be in noncompliance; and, 
‘‘ii. Neither the Originating Party nor the 
Council has commenced and is diligently pros-
ecuting appropriate enforcement actions to com-
pel 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 reason-
able attorney and expert witness fees, whenever the 
court determines that such an award is appropriate. 
‘‘4. Each of the Parties may adopt provisions pro-
viding additional enforcement mechanisms and remedies 
including equitable relief and civil penalties applicable 
within its jurisdiction to assist in the implementation of 
this Compact. 
‘‘ARTICLE 8 
‘‘ADDITIONAL PROVISIONS 
‘‘Section 8.1. Effect on Existing Rights. 
‘‘1. Nothing in this Compact shall be construed to 
affect, limit, diminish or impair any rights validly estab-
lished and existing as of the effective date of this Compact 
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under State or federal law governing the Withdrawal of 
Waters of the Basin. 
‘‘2. Nothing contained in this Compact shall be con-
strued 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 exclu-
sive privileges, nor shall it be construed to grant or confer 
any right, title, easement, or interest in, to or over any 
land belonging to or held in trust by a Party; neither does 
it authorize any injury to private property or invasion of 
private rights, nor infringement of federal, State or local 
laws or regulations; nor does it obviate the necessity of 
obtaining federal assent when necessary. 
‘‘Section 8.2. Relationship to Agreements Con-
cluded 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 
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