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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or international agreement nor is it intended to derogate 
any right, claim, or remedy that already exists under any 
treaty or international agreement. 
‘‘2. Nothing in this Compact is intended to infringe 
nor shall be construed to infringe upon the treaty power 
of the United States of America, nor shall any term hereof 
be construed to alter or amend any treaty or term thereof 
that has been or may hereafter be executed by the United 
States of America. 
‘‘3. Nothing in this Compact is intended to affect nor 
shall be construed to affect the application of the Bound-
ary Waters Treaty of 1909 whose requirements continue 
to apply in addition to the requirements of this Compact. 
‘‘Section 8.3. Confidentiality. 
‘‘1. Nothing in this Compact requires a Party to 
breach confidentiality obligations or requirements prohib-
iting disclosure, or to compromise security of commercially 
sensitive or proprietary information. 
‘‘2. A Party may take measures, including but not 
limited to deletion and redaction, deemed necessary to pro-
tect any confidential, proprietary or commercially sensitive 
information when distributing information to other Par-
ties. The Party shall summarize or paraphrase any such 
information in a manner sufficient for the Council to exer-
cise its authorities contained in this Compact. 
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