I 
110TH CONGRESS 
2D SESSION 
H. R. 6577 
To express the consent and approval of Congress to an interstate compact 
regarding water resources in the Great Lakes-St. Lawrence River Basin. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 23, 2008 
Mr. OBERSTAR (for himself, Mr. LATOURETTE, Mr. CONYERS, Mr. EHLERS, 
Mr. HIGGINS, Mr. ENGLISH of Pennsylvania, Ms. SUTTON, Mr. SENSEN-
BRENNER, Mr. RYAN of Ohio, Mrs. MILLER of Michigan, Ms. BALDWIN, 
Mr. CAMP of Michigan, Ms. KAPTUR, Mr. PETRI, Mrs. JONES of Ohio, 
Mr. EMANUEL, Mr. KAGEN, Mr. LIPINSKI, Mr. NADLER, Mr. VISCLOSKY, 
Ms. MOORE of Wisconsin, Mr. OBEY, Mr. LEVIN, Mr. ROGERS of Michi-
gan, Mr. KIRK, Mr. DINGELL, and Mr. KILDEE) introduced the following 
bill; which was referred to the Committee on the Judiciary 
A BILL 
To express the consent and approval of Congress to an 
interstate compact regarding water resources in the 
Great Lakes-St. Lawrence River Basin. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. CONSENT OF CONGRESS. 
(a) IN GENERAL.—The consent and approval of Con-
gress is given to the Great Lakes-St. Lawrence River 
Basin Water Resources Compact entered into between the 
States of Illinois, Indiana, Michigan, Minnesota, New 
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York, Ohio, and Wisconsin, and the Commonwealth of 
Pennsylvania, as set out in subsection (b). 
(b) COMPACT.—The compact reads substantially as 
follows: 
‘‘AGREEMENT 
‘‘Section 1. The states of Illinois, Indiana, Michi-
gan, Minnesota, New York, Ohio and Wisconsin and the 
Commonwealth of Pennsylvania hereby solemnly covenant 
and agree with each other, upon enactment of concurrent 
legislation by the respective state legislatures and consent 
by the Congress of the United States as follows: 
‘‘GREAT LAKES-ST. LAWRENCE RIVER 
BASIN WATER RESOURCES COMPACT 
‘‘ARTICLE 1 
‘‘SHORT TITLE, DEFINITIONS, PURPOSES 
AND DURATION 
‘‘Section 1.1. Short Title. This act shall be known 
and may be cited as the ‘‘Great Lakes-St. Lawrence River 
Basin Water Resources Compact’’. 
‘‘Section 1.2. Definitions. For the purposes of this 
Compact, and of any supplemental or concurring legisla-
tion enacted pursuant thereto, except as may be otherwise 
required by the context: 
‘‘ ‘Adaptive Management’ means a Water resources 
management system that provides a systematic process for 
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evaluation, monitoring and learning from the outcomes of 
operational programs and adjustment of policies, plans 
and programs based on experience and the evolution of 
scientific knowledge concerning Water resources and 
Water Dependent Natural Resources. 
‘‘ ‘Agreement’ means the Great Lakes-St. Lawrence 
River Basin Sustainable Water Resources Agreement. 
‘‘ ‘Applicant’ means a Person who is required to sub-
mit a Proposal that is subject to management and regula-
tion under this Compact. ‘Application’ has a cor-
responding meaning. 
‘‘ ‘Basin’ or ‘Great Lakes-St. Lawrence River Basin’ 
means the watershed of the Great Lakes and the St. Law-
rence River upstream from Trois-Rivie`res, Que´bec within 
the jurisdiction of the Parties. 
‘‘ ‘Basin Ecosystem’ or ‘Great Lakes-St. Lawrence 
River Basin Ecosystem’ means the interacting components 
of air, land, Water and living organisms, including human-
kind, within the Basin. 
‘‘ ‘Community within a Straddling County’ means any 
incorporated city, town or the equivalent thereof, that is 
located outside the Basin but wholly within a County that 
lies partly within the Basin and that is not a Straddling 
Community. 
‘‘ ‘Compact’ means this Compact. 
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‘‘ ‘Consumptive Use’ means that portion of the Water 
Withdrawn or withheld from the Basin that is lost or oth-
erwise not returned to the Basin due to evaporation, incor-
poration into Products, or other processes. 
‘‘ ‘Council’ means the Great Lakes-St. Lawrence 
River Basin Water Resources Council, created by this 
Compact. 
‘‘ ‘Council Review’ means the collective review by the 
Council members as described in Article 4 of this Com-
pact. 
‘‘ ‘County’ means the largest territorial division for 
local government in a State. The County boundaries shall 
be defined as those boundaries that exist as of December 
13, 2005. 
‘‘ ‘Cumulative Impacts’ means the impact on the 
Basin Ecosystem that results from incremental effects of 
all aspects of a Withdrawal, Diversion or Consumptive Use 
in addition to other past, present, and reasonably foresee-
able future Withdrawals, Diversions and Consumptive 
Uses regardless of who undertakes the other Withdrawals, 
Diversions and Consumptive Uses. Cumulative Impacts 
can result from individually minor but collectively signifi-
cant Withdrawals, Diversions and Consumptive Uses tak-
ing place over a period of time. 
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‘‘ ‘Decision-Making Standard’ means the decision- 
making standard established by Section 4.11 for Proposals 
subject to management and regulation in Section 4.10. 
‘‘ ‘Diversion’ means a transfer of Water from the 
Basin into another watershed, or from the watershed of 
one of the Great Lakes into that of another by any means 
of transfer, including but not limited to a pipeline, canal, 
tunnel, aqueduct, channel, modification of the direction of 
a water course, a tanker ship, tanker truck or rail tanker 
but does not apply to Water that is used in the Basin 
or a Great Lake watershed to manufacture or produce a 
Product that is then transferred out of the Basin or water-
shed. ‘Divert’ has a corresponding meaning. 
‘‘ ‘Environmentally Sound and Economically Feasible 
Water Conservation Measures’ means those measures, 
methods, technologies or practices for efficient water use 
and for reduction of water loss and waste or for reducing 
a Withdrawal, Consumptive Use or Diversion that i) are 
environmentally sound, ii) reflect best practices applicable 
to the water use sector, iii) are technically feasible and 
available, iv) are economically feasible and cost effective 
based on an analysis that considers direct and avoided eco-
nomic and environmental costs and v) consider the par-
ticular facilities and processes involved, taking into ac-
count the environmental impact, age of equipment and fa-
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cilities involved, the processes employed, energy impacts 
and other appropriate factors. 
‘‘ ‘Exception’ means a transfer of Water that is ex-
cepted under Section 4.9 from the prohibition against Di-
versions in Section 4.8. 
‘‘ ‘Exception Standard’ means the standard for Ex-
ceptions established in Section 4.9.4. 
‘‘ ‘Intra-Basin Transfer’ means the transfer of Water 
from the watershed of one of the Great Lakes into the 
watershed of another Great Lake. 
‘‘ ‘Measures’ means any legislation, law, regulation, 
directive, requirement, guideline, program, policy, admin-
istrative practice or other procedure. 
‘‘ ‘New or Increased Diversion’ means a new Diver-
sion, an increase in an existing Diversion, or the alteration 
of an existing Withdrawal so that it becomes a Diversion. 
‘‘ ‘New or Increased Withdrawal or Consumptive Use’ 
means a new Withdrawal or Consumptive Use or an in-
crease in an existing Withdrawal or Consumptive Use. 
‘‘ ‘Originating Party’ means the Party within whose 
jurisdiction an Application or registration is made or re-
quired. 
‘‘ ‘Party’ means a State party to this Compact. 
‘‘ ‘Person’ means a human being or a legal person, 
including a government or a nongovernmental organiza-
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tion, including any scientific, professional, business, non- 
profit, or public interest organization or association that 
is neither affiliated with, nor under the direction of a gov-
ernment. 
‘‘ ‘Product’ means something produced in the Basin 
by human or mechanical effort or through agricultural 
processes and used in manufacturing, commercial or other 
processes or intended for intermediate or end use con-
sumers. (i) Water used as part of the packaging of a Prod-
uct shall be considered to be part of the Product. (ii) 
Other than Water used as part of the packaging of a Prod-
uct, Water that is used primarily to transport materials 
in or out of the Basin is not a Product or part of a Prod-
uct. (iii) Except as provided in (i) above, Water which is 
transferred as part of a public or private supply is not 
a Product or part of a Product. (iv) Water in its natural 
state such as in lakes, rivers, reservoirs, aquifers, or water 
basins is not a Product. 
‘‘ ‘Proposal’ means a Withdrawal, Diversion or Con-
sumptive Use of Water that is subject to this Compact. 
‘‘ ‘Province’ means Ontario or Que´bec. 
‘‘ ‘Public Water Supply Purposes’ means water dis-
tributed to the public through a physically connected sys-
tem of treatment, storage and distribution facilities serv-
ing a group of largely residential customers that may also 
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‘‘ ‘State’ means one of the states of Illinois, Indiana, 
Michigan, Minnesota, New York, Ohio or Wisconsin or the 
Commonwealth of Pennsylvania. 
‘‘ ‘Straddling Community’ means any incorporated 
city, town or the equivalent thereof, wholly within any 
County that lies partly or completely within the Basin, 
whose corporate boundary existing as of the effective date 
of this Compact, is partly within the Basin or partly with-
in two Great Lakes watersheds. 
‘‘ ‘Technical Review’ means a detailed review con-
ducted to determine whether or not a Proposal that re-
quires Regional Review under this Compact meets the 
Standard of Review and Decision following procedures and 
guidelines as set out in this Compact. 
‘‘ ‘Water’ means ground or surface water contained 
within the Basin. 
‘‘ ‘Water Dependent Natural Resources’ means the 
interacting components of land, Water and living orga-
nisms affected by the Waters of the Basin. 
‘‘ ‘Waters of the Basin or Basin Water’ means the 
Great Lakes and all streams, rivers, lakes, connecting 
channels and other bodies of water, including tributary 
groundwater, within the Basin. 
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‘‘ ‘Withdrawal’ means the taking of water from sur-
face water or groundwater. ‘Withdraw’ has a cor-
responding meaning. 
‘‘Section 1.3. Findings and Purposes. 
‘‘The legislative bodies of the respective Parties here-
by find and declare: 
‘‘1. Findings: 
‘‘a. The Waters of the Basin are precious 
public natural resources shared and held in 
trust by the States; 
‘‘b. The Waters of the Basin are inter-
connected and part of a single hydrologic sys-
tem; 
‘‘c. The Waters of the Basin can concur-
rently serve multiple uses. Such multiple uses 
include municipal, public, industrial, commer-
cial, agriculture, mining, navigation, energy de-
velopment and production, recreation, the sub-
sistence, economic and cultural activities of na-
tive peoples, Water quality maintenance, and 
the maintenance of fish and wildlife habitat and 
a balanced ecosystem. And, other purposes are 
encouraged, recognizing that such uses are 
interdependent and must be balanced; 
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‘‘d. Future Diversions and Consumptive 
Uses of Basin Water resources have the poten-
tial to significantly impact the environment, 
economy and welfare of the Great Lakes-St. 
Lawrence River region; 
‘‘e. Continued sustainable, accessible and 
adequate Water supplies for the people and 
economy of the Basin are of vital importance; 
and, 
‘‘f. The Parties have a shared duty to pro-
tect, conserve, restore, improve and manage the 
renewable but finite Waters of the Basin for the 
use, benefit and enjoyment of all their citizens, 
including generations yet to come. The most ef-
fective means of protecting, conserving, restor-
ing, improving and managing the Basin Waters 
is through the joint pursuit of unified and coop-
erative principles, policies and programs mutu-
ally-agreed upon, enacted and adhered to by all 
Parties. 
‘‘2. Purposes: 
‘‘a. To act together to protect, conserve, re-
store, improve and effectively manage the Waters 
and Water Dependent Natural Resources of the 
Basin under appropriate arrangements for intergov-
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ernmental cooperation and consultation because cur-
rent lack of full scientific certainty should not be 
used as a reason for postponing measures to protect 
the Basin Ecosystem; 
‘‘b. To remove causes of present and future 
controversies; 
‘‘c. To provide for cooperative planning and ac-
tion by the Parties with respect to such Water re-
sources; 
‘‘d. To facilitate consistent approaches to Water 
management across the Basin while retaining State 
management authority over Water management de-
cisions within the Basin; 
‘‘e. To facilitate the exchange of data, strength-
en the scientific information base upon which deci-
sions are made and engage in consultation on the 
potential effects of proposed Withdrawals and losses 
on the Waters and Water Dependent Natural Re-
sources of the Basin; 
‘‘f. To prevent significant adverse impacts of 
Withdrawals and losses on the Basin’s ecosystems 
and watersheds; 
‘‘g. To promote interstate and State-Provincial 
comity; and, 
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‘‘h. To promote an Adaptive Management ap-
proach to the conservation and management of 
Basin Water resources, which recognizes, considers 
and provides adjustments for the uncertainties in, 
and evolution of, scientific knowledge concerning the 
Basin’s Waters and Water Dependent Natural Re-
sources. 
‘‘Section 1.4. Science. 
‘‘1. The Parties commit to provide leadership for the 
development of a collaborative strategy with other regional 
partners to strengthen the scientific basis for sound Water 
management decision making under this Compact. 
‘‘2. The strategy shall guide the collection and appli-
cation of scientific information to support: 
‘‘a. An improved understanding of the indi-
vidual and Cumulative Impacts of Withdrawals from 
various locations and Water sources on the Basin 
Ecosystem and to develop a mechanism by which im-
pacts of Withdrawals may be assessed; 
‘‘b. The periodic assessment of Cumulative Im-
pacts of Withdrawals, Diversions and Consumptive 
Uses on a Great Lake and St. Lawrence River wa-
tershed basis; 
‘‘c. Improved scientific understanding of the 
Waters of the Basin; 
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‘‘d. Improved understanding of the role of 
groundwater in Basin Water resources management; 
and, 
‘‘e. The development, transfer and application 
of science and research related to Water conserva-
tion and Water use efficiency. 
‘‘ARTICLE 2 
‘‘ORGANIZATION 
‘‘Section 2.1. Council Created. 
‘‘The Great Lakes-St. Lawrence River Basin Water 
Resources Council is hereby created as a body politic and 
corporate, with succession for the duration of this Com-
pact, as an agency and instrumentality of the governments 
of the respective Parties. 
‘‘Section 2.2. Council Membership. 
‘‘The Council shall consist of the Governors of the 
Parties, ex officio. 
‘‘Section 2.3. Alternates. 
‘‘Each member of the Council shall appoint at least 
one alternate who may act in his or her place and stead, 
with authority to attend all meetings of the Council and 
with power to vote in the absence of the member. Unless 
otherwise provided by law of the Party for which he or 
she is appointed, each alternate shall serve during the 
term of the member appointing him or her, subject to re-
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moval at the pleasure of the member. In the event of a 
vacancy in the office of alternate, it shall be filled in the 
same manner as an original appointment for the unexpired 
term only. 
‘‘Section 2.4. Voting. 
‘‘1. Each member is entitled to one vote on all mat-
ters that may come before the Council. 
‘‘2. Unless otherwise stated, the rule of decision shall 
be by a simple majority. 
‘‘3. The Council shall annually adopt a budget for 
each fiscal year and the amount required to balance the 
budget shall be apportioned equitably among the Parties 
by unanimous vote of the Council. The appropriation of 
such amounts shall be subject to such review and approval 
as may be required by the budgetary processes of the re-
spective Parties. 
‘‘4. The participation of Council members from a ma-
jority of the Parties shall constitute a quorum for the 
transaction of business at any meeting of the Council. 
‘‘Section 2.5. Organization and Procedure. 
‘‘The Council shall provide for its own organization 
and procedure, and may adopt rules and regulations gov-
erning its meetings and transactions, as well as the proce-
dures and timeline for submission, review and consider-
ation of Proposals that come before the Council for its 
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review and action. The Council shall organize, annually, 
by the election of a Chair and Vice Chair from among 
its members. Each member may appoint an advisor, who 
may attend all meetings of the Council and its committees, 
but shall not have voting power. The Council may employ 
or appoint professional and administrative personnel, in-
cluding an Executive Director, as it may deem advisable, 
to carry out the purposes of this Compact. 
‘‘Section 2.6. Use of Existing Offices and Agen-
cies. 
‘‘It is the policy of the Parties to preserve and utilize 
the functions, powers and duties of existing offices and 
agencies of government to the extent consistent with this 
Compact. Further, the Council shall promote and aid the 
coordination of the activities and programs of the Parties 
concerned with Water resources management in the Basin. 
To this end, but without limitation, the Council may: 
‘‘1. Advise, consult, contract, assist or otherwise 
cooperate with any and all such agencies; 
‘‘2. Employ any other agency or instrumentality 
of any of the Parties for any purpose; and, 
‘‘3. Develop and adopt plans consistent with the 
Water resources plans of the Parties. 
‘‘Section 2.7. Jurisdiction. 
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‘‘The Council shall have, exercise and discharge its 
functions, powers and duties within the limits of the 
Basin. Outside the Basin, it may act in its discretion, but 
only to the extent such action may be necessary or conven-
ient to effectuate or implement its powers or responsibil-
ities within the Basin and subject to the consent of the 
jurisdiction wherein it proposes to act. 
‘‘Section 2.8. Status, Immunities and Privi-
leges. 
‘‘1. The Council, its members and personnel in their 
official capacity and when engaged directly in the affairs 
of the Council, its property and its assets, wherever lo-
cated and by whomsoever held, shall enjoy the same immu-
nity from suit and every form of judicial process as is en-
joyed by the Parties, except to the extent that the Council 
may expressly waive its immunity for the purposes of any 
proceedings or by the terms of any contract. 
‘‘2. The property and assets of the Council, wherever 
located and by whomsoever held, shall be considered public 
property and shall be immune from search, requisition, 
confiscation, expropriation or any other form of taking or 
foreclosure by executive or legislative action. 
‘‘3. The Council, its property and its assets, income 
and the operations it carries out pursuant to this Compact 
shall be immune from all taxation by or under the author-
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ity of any of the Parties or any political subdivision there-
of; provided, however, that in lieu of property taxes the 
Council may make reasonable payments to local taxing 
districts in annual amounts which shall approximate the 
taxes lawfully assessed upon similar property. 
‘‘Section 2.9. Advisory Committees. 
‘‘The Council may constitute and empower advisory 
committees, which may be comprised of representatives of 
the public and of federal, State, tribal, county and local 
governments, water resources agencies, water-using indus-
tries and sectors, water-interest groups and academic ex-
perts in related fields. 
‘‘ARTICLE 3 
‘‘GENERAL POWERS AND DUTIES 
‘‘Section 3.1. General. 
‘‘The Waters and Water Dependent Natural Re-
sources of the Basin are subject to the sovereign right and 
responsibilities of the Parties, and it is the purpose of this 
Compact to provide for joint exercise of such powers of 
sovereignty by the Council in the common interests of the 
people of the region, in the manner and to the extent pro-
vided in this Compact. The Council and the Parties shall 
use the Standard of Review and Decision and procedures 
contained in or adopted pursuant to this Compact as the 
means to exercise their authority under this Compact. The 
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Council may revise the Standard of Review and Decision, 
after consultation with the Provinces and upon unanimous 
vote of all Council members, by regulation duly adopted 
in accordance with Section 3.3 of this Compact and in ac-
cordance with each Party’s respective statutory authorities 
and applicable procedures. The Council shall identify pri-
orities and develop plans and policies relating to Basin 
Water resources. It shall adopt and promote uniform and 
coordinated policies for Water resources conservation and 
management in the Basin. 
‘‘Section 3.2. Council Powers. 
‘‘The Council may: plan; conduct research and col-
lect, compile, analyze, interpret, report and disseminate 
data on Water resources and uses; forecast Water levels; 
conduct investigations; institute court actions; design, ac-
quire, construct, reconstruct, own, operate, maintain, con-
trol, sell and convey real and personal property and any 
interest therein as it may deem necessary, useful or con-
venient to carry out the purposes of this Compact; make 
contracts; receive and accept such payments, appropria-
tions, grants, gifts, loans, advances and other funds, prop-
erties and services as may be transferred or made avail-
able to it by any Party or by any other public or private 
agency, corporation or individual; and, exercise such other 
and different powers as may be delegated to it by this 
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Compact or otherwise pursuant to law, and have and exer-
cise all powers necessary or convenient to carry out its 
express powers or which may be reasonably implied there-
from. 
‘‘Section 3.3. Rules and Regulations. 
‘‘1. The Council may promulgate and enforce such 
rules and regulations as may be necessary for the imple-
mentation and enforcement of this Compact. The Council 
may adopt by regulation, after public notice and public 
hearing, reasonable Application fees with respect to those 
Proposals for Exceptions that are subject to Council re-
view under Section 4.9. Any rule or regulation of the 
Council, other than one which deals solely with the inter-
nal management of the Council or its property, shall be 
adopted only after public notice and hearing. 
‘‘2. Each Party, in accordance with its respective 
statutory authorities and applicable procedures, may 
adopt and enforce rules and regulations to implement and 
enforce this Compact and the programs adopted by such 
Party to carry out the management programs con-
templated by this Compact. 
‘‘Section 3.4. Program Review and Findings. 
‘‘1. Each Party shall submit a report to the Council 
and the Regional Body detailing its Water management 
and conservation and efficiency programs that implement 
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this Compact. The report shall set out the manner in 
which Water Withdrawals are managed by sector, Water 
source, quantity or any other means, and how the provi-
sions of the Standard of Review and Decision and con-
servation and efficiency programs are implemented. The 
first report shall be provided by each Party one year from 
the effective date of this Compact and thereafter every 5 
years. 
‘‘2. The Council, in cooperation with the Provinces, 
shall review its Water management and conservation and 
efficiency programs and those of the Parties that are es-
tablished in this Compact and make findings on whether 
the Water management program provisions in this Com-
pact are being met, and if not, recommend options to as-
sist the Parties in meeting the provisions of this Compact. 
Such review shall take place: 
‘‘a. 30 days after the first report is submitted 
by all Parties; and, 
‘‘b. Every five years after the effective date of 
this Compact; and, 
‘‘c. At any other time at the request of one of 
the Parties. 
‘‘3. As one of its duties and responsibilities, the 
Council may recommend a range of approaches to the Par-
ties with respect to the development, enhancement and ap-
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plication of Water management and conservation and effi-
ciency programs to implement the Standard of Review and 
Decision reflecting improved scientific understanding of 
the Waters of the Basin, including groundwater, and the 
impacts of Withdrawals on the Basin Ecosystem. 
‘‘ARTICLE 4 
‘‘WATER MANAGEMENT AND REGULATION 
‘‘Section 4.1. Water Resources Inventory, Reg-
istration and Reporting. 
‘‘1. Within five years of the effective date of this 
Compact, each Party shall develop and maintain a Water 
resources inventory for the collection, interpretation, stor-
age, retrieval exchange, and dissemination of information 
concerning the Water resources of the Party, including, 
but not limited to, information on the location, type, quan-
tity, and use of those resources and the location, type, and 
quantity of Withdrawals, Diversions and Consumptive 
Uses. To the extent feasible, the Water resources inven-
tory shall be developed in cooperation with local, State, 
federal, tribal and other private agencies and entities, as 
well as the Council. Each Party’s agencies shall cooperate 
with that Party in the development and maintenance of 
the inventory. 
‘‘2. The Council shall assist each Party to develop 
a common base of data regarding the management of the 
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Water Resources of the Basin and to establish systematic 
arrangements for the exchange of those data with other 
States and Provinces. 
‘‘3. To develop and maintain a compatible base of 
Water use information, within five years of the effective 
date of this Compact any Person who Withdraws Water 
in an amount of 100,000 gallons per day or greater aver-
age in any 30-day period (including Consumptive Uses) 
from all sources, or Diverts Water of any amount, shall 
register the Withdrawal or Diversion by a date set by the 
Council unless the Person has previously registered in ac-
cordance with an existing State program. The Person shall 
register the Withdrawal or Diversion with the Originating 
Party using a form prescribed by the Originating Party 
that shall include, at a minimum and without limitation: 
the name and address of the registrant and date of reg-
istration; the locations and sources of the Withdrawal or 
Diversion; the capacity of the Withdrawal or Diversion per 
day and the amount Withdrawn or Diverted from each 
source; the uses made of the Water; places of use and 
places of discharge; and, such other information as the 
Originating Party may require. All registrations shall in-
clude an estimate of the volume of the Withdrawal or Di-
version in terms of gallons per day average in any 30- 
day period. 
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‘‘4. All registrants shall annually report the monthly 
volumes of the Withdrawal, Consumptive Use and Diver-
sion in gallons to the Originating Party and any other in-
formation requested by the Originating Party. 
‘‘5. Each Party shall annually report the information 
gathered pursuant to this Section to a Great Lakes-St. 
Lawrence River Water use data base repository and aggre-
gated information shall be made publicly available, con-
sistent with the confidentiality requirements in Section 
8.3. 
‘‘6. Information gathered by the Parties pursuant to 
this Section shall be used to improve the sources and ap-
plications of scientific information regarding the Waters 
of the Basin and the impacts of the Withdrawals and Di-
versions from various locations and Water sources on the 
Basin Ecosystem, and to better understand the role of 
groundwater in the Basin. The Council and the Parties 
shall coordinate the collection and application of scientific 
information to further develop a mechanism by which indi-
vidual and Cumulative Impacts of Withdrawals, Consump-
tive Uses and Diversions shall be assessed. 
‘‘Section 4.2. Water Conservation and Effi-
ciency Programs. 
‘‘1. The Council commits to identify, in cooperation 
with the Provinces, Basin-wide Water conservation and ef-
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ficiency objectives to assist the Parties in developing their 
Water conservation and efficiency program. These objec-
tives are based on the goals of: 
‘‘a. Ensuring improvement of the Waters and 
Water Dependent Natural Resources; 
‘‘b. Protecting and restoring the hydrologic and 
ecosystem integrity of the Basin; 
‘‘c. Retaining the quantity of surface water and 
groundwater in the Basin; 
‘‘d. Ensuring sustainable use of Waters of the 
Basin; and, 
‘‘e. Promoting the efficiency of use and reduc-
ing losses and waste of Water. 
‘‘2. Within two years of the effective date of this 
Compact, each Party shall develop its own Water con-
servation and efficiency goals and objectives consistent 
with the Basin-wide goals and objectives, and shall develop 
and implement a Water conservation and efficiency pro-
gram, either voluntary or mandatory, within its jurisdic-
tion based on the Party’s goals and objectives. Each Party 
shall annually assess its programs in meeting the Party’s 
goals and objectives, report to the Council and the Re-
gional Body and make this annual assessment available 
to the public. 
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‘‘3. Beginning five years after the effective date of 
this Compact, and every five years thereafter, the Council, 
in cooperation with the Provinces, shall review and modify 
as appropriate the Basin-wide objectives, and the Parties 
shall have regard for any such modifications in imple-
menting their programs. This assessment will be based on 
examining new technologies, new patterns of Water use, 
new resource demands and threats, and the Cumulative 
Impact assessment under Section 4.15. 
‘‘4. Within two years of the effective date of this 
Compact, the Parties commit to promote Environmentally 
Sound and Economically Feasible Water Conservation 
Measures such as: 
‘‘a. Measures that promote efficient use of 
Water; 
‘‘b. Identification and sharing of best manage-
ment practices and state of the art conservation and 
efficiency technologies; 
‘‘c. Application of sound planning principles; 
‘‘d. Demand-side and supply-side Measures or 
incentives; and, 
‘‘e. Development, transfer and application of 
science and research. 
‘‘5. Each Party shall implement in accordance with 
paragraph 2 above a voluntary or mandatory Water con-
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servation program for all, including existing, Basin Water 
users. Conservation programs need to adjust to new de-
mands and the potential impacts of cumulative effects and 
climate. 
‘‘Section 4.3. Party Powers and Duties. 
‘‘1. Each Party, within its jurisdiction, shall manage 
and regulate New or Increased Withdrawals, Consumptive 
Uses and Diversions, including Exceptions, in accordance 
with this Compact. 
‘‘2. Each Party shall require an Applicant to submit 
an Application in such manner and with such accom-
panying information as the Party shall prescribe. 
‘‘3. No Party may approve a Proposal if the Party 
determines that the Proposal is inconsistent with this 
Compact or the Standard of Review and Decision or any 
implementing rules or regulations promulgated there-
under. The Party may approve, approve with modifica-
tions or disapprove any Proposal depending on the Pro-
posal’s consistency with this Compact and the Standard 
of Review and Decision. 
‘‘4. Each Party shall monitor the implementation of 
any approved Proposal to ensure consistency with the ap-
proval and may take all necessary enforcement actions. 
‘‘5. No Party shall approve a Proposal subject to 
Council or Regional Review, or both, pursuant to this 
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Compact unless it shall have been first submitted to and 
reviewed by either the Council or Regional Body, or both, 
and approved by the Council, as applicable. Sufficient op-
portunity shall be provided for comment on the Proposal’s 
consistency with this Compact and the Standard of Review 
and Decision. All such comments shall become part of the 
Party’s formal record of decision, and the Party shall take 
into consideration any such comments received. 
‘‘Section 4.4. Requirement for Originating 
Party Approval. 
‘‘No Proposal subject to management and regulation 
under this Compact shall hereafter be undertaken by any 
Person unless it shall have been approved by the Origi-
nating Party. 
‘‘Section 4.5. Regional Review. 
‘‘1. General. 
‘‘a. It is the intention of the Parties to partici-
pate in Regional Review of Proposals with the Prov-
inces, as described in this Compact and the Agree-
ment. 
‘‘b. Unless the Applicant or the Originating 
Party otherwise requests, it shall be the goal of the 
Regional Body to conclude its review no later than 
90 days after notice under Section 4.5.2 of such 
Proposal is received from the Originating Party. 
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‘‘c. Proposals for Exceptions subject to Re-
gional Review shall be submitted by the Originating 
Party to the Regional Body for Regional Review, 
and where applicable, to the Council for concurrent 
review. 
‘‘d. The Parties agree that the protection of the 
integrity of the Great Lakes-St. Lawrence River 
Basin Ecosystem shall be the overarching principle 
for reviewing Proposals subject to Regional Review, 
recognizing uncertainties with respect to demands 
that may be placed on Basin Water, including 
groundwater, levels and flows of the Great Lakes 
and the St. Lawrence River, future changes in envi-
ronmental conditions, the reliability of existing data 
and the extent to which Diversions may harm the in-
tegrity of the Basin Ecosystem. 
‘‘e. The Originating Party shall have lead re-
sponsibility for coordinating information for resolu-
tion of issues related to evaluation of a Proposal, 
and shall consult with the Applicant throughout the 
Regional Review Process. 
‘‘f. A majority of the members of the Regional 
Body may request Regional Review of a regionally 
significant or potentially precedent setting Proposal. 
Such Regional Review must be conducted, to the ex-
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tent possible, within the time frames set forth in this 
Section. Any such Regional Review shall be under-
taken only after consulting the Applicant. 
‘‘2. Notice from Originating Party to the Regional 
Body. 
‘‘a. The Originating Party shall determine if a 
Proposal is subject to Regional Review. If so, the 
Originating Party shall provide timely notice to the 
Regional Body and the public. 
‘‘b. Such notice shall not be given unless and 
until all information, documents and the Originating 
Party’s Technical Review needed to evaluate whether 
the Proposal meets the Standard of Review and De-
cision have been provided. 
‘‘c. An Originating Party may: 
‘‘i. Provide notice to the Regional Body of 
an Application, even if notification is not re-
quired; or, 
‘‘ii. Request Regional Review of an applica-
tion, even if Regional Review is not required. 
Any such Regional Review shall be undertaken 
only after consulting the Applicant. 
‘‘d. An Originating Party may provide prelimi-
nary notice of a potential Proposal. 
‘‘3. Public Participation. 
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‘‘a. To ensure adequate public participation, the 
Regional Body shall adopt procedures for the review 
of Proposals that are subject to Regional Review in 
accordance with this Article. 
‘‘b. The Regional Body shall provide notice to 
the public of a Proposal undergoing Regional Re-
view. Such notice shall indicate that the public has 
an opportunity to comment in writing to the Re-
gional Body on whether the Proposal meets the 
Standard of Review and Decision. 
‘‘c. The Regional Body shall hold a public meet-
ing in the State or Province of the Originating Party 
in order to receive public comment on the issue of 
whether the Proposal under consideration meets the 
Standard of Review and Decision. 
‘‘d. The Regional Body shall consider the com-
ments received before issuing a Declaration of Find-
ing. 
‘‘e. The Regional Body shall forward the com-
ments it receives to the Originating Party. 
‘‘4. Technical Review. 
‘‘a. The Originating Party shall provide the Re-
gional Body with its Technical Review of the Pro-
posal under consideration. 
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‘‘b. The Originating Party’s Technical Review 
shall thoroughly analyze the Proposal and provide an 
evaluation of the Proposal sufficient for a deter-
mination of whether the Proposal meets the Stand-
ard of Review and Decision. 
‘‘c. Any member of the Regional Body may con-
duct their own Technical Review of any Proposal 
subject to Regional Review. 
‘‘d. At the request of the majority of its mem-
bers, the Regional Body shall make such arrange-
ments as it considers appropriate for an independent 
Technical Review of a Proposal. 
‘‘e. All Parties shall exercise their best efforts 
to ensure that a Technical Review undertaken under 
Sections 4.5.4.c and 4.5.4.d does not unnecessarily 
delay the decision by the Originating Party on the 
Application. Unless the Applicant or the Originating 
Party otherwise requests, all Technical Reviews shall 
be completed no later than 60 days after the date 
the notice of the Proposal was given to the Regional 
Body. 
‘‘5. Declaration of Finding. 
‘‘a. The Regional Body shall meet to consider 
a Proposal. The Applicant shall be provided with an 
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‘‘e. If the members of the Regional Body who 
participate in the Declaration of Finding all agree, 
they shall issue a written Declaration of Finding 
with consensus. 
‘‘f. In the event that the members cannot agree, 
the Regional Body shall make every reasonable ef-
fort to achieve consensus within 25 days. 
‘‘g. Should consensus not be achieved, the Re-
gional Body may issue a Declaration of Finding that 
presents different points of view and indicates each 
Party’s conclusions. 
‘‘h. The Regional Body shall release the Dec-
larations of Finding to the public. 
‘‘i. The Originating Party and the Council shall 
consider the Declaration of Finding before making a 
decision on the Proposal. 
‘‘Section 4.6. Proposals Subject to Prior No-
tice. 
‘‘1. Beginning no later than five years of the effective 
date of this Compact, the Originating Party shall provide 
all Parties and the Provinces with detailed and timely no-
tice and an opportunity to comment within 90 days on 
any Proposal for a New or Increased Consumptive Use 
of 5 million gallons per day or greater average in any 90- 
day period. Comments shall address whether or not the 
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Proposal is consistent with the Standard of Review and 
Decision. The Originating Party shall provide a response 
to any such comment received from another Party. 
‘‘2. A Party may provide notice, an opportunity to 
comment and a response to comments even if this is not 
required under paragraph 1 of this Section. Any provision 
of such notice and opportunity to comment shall be under-
taken only after consulting the Applicant. 
‘‘Section 4.7. Council Actions. 
‘‘1. Proposals for Exceptions subject to Council Re-
view shall be submitted by the Originating Party to the 
Council for Council Review, and where applicable, to the 
Regional Body for concurrent review. 
‘‘2. The Council shall review and take action on Pro-
posals in accordance with this Compact and the Standard 
of Review and Decision. The Council shall not take action 
on a Proposal subject to Regional Review pursuant to this 
Compact unless the Proposal shall have been first sub-
mitted to and reviewed by the Regional Body. The Council 
shall consider any findings resulting from such review. 
‘‘Section 4.8. Prohibition of New or Increased 
Diversions. 
‘‘All New or Increased Diversions are prohibited, ex-
cept as provided for in this Article. 
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‘‘Section 4.9. Exceptions to the Prohibition of 
Diversions. 
‘‘1. Straddling Communities. A Proposal to transfer 
Water to an area within a Straddling Community but out-
side the Basin or outside the source Great Lake Water-
shed shall be excepted from the prohibition against Diver-
sions and be managed and regulated by the Originating 
Party provided that, regardless of the volume of Water 
transferred, all the Water so transferred shall be used 
solely for Public Water Supply Purposes within the Strad-
dling Community, and: 
‘‘a. All Water Withdrawn from the Basin shall 
be returned, either naturally or after use, to the 
Source Watershed less an allowance for Consumptive 
Use. No surface water or groundwater from outside 
the Basin may be used to satisfy any portion of this 
criterion except if it: 
‘‘i. Is part of a water supply or wastewater 
treatment system that combines water from in-
side and outside of the Basin; 
‘‘ii. Is treated to meet applicable water 
quality discharge standards and to prevent the 
introduction of invasive species into the Basin; 
‘‘iii. Maximizes the portion of water re-
turned to the Source Watershed as Basin 
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Water and minimizes the surface water or 
groundwater from outside the Basin; 
‘‘b. If the Proposal results from a New or In-
creased Withdrawal of 100,000 gallons per day or 
greater average over any 90-day period, the Proposal 
shall also meet the Exception Standard; and, 
‘‘c. If the Proposal results in a New or In-
creased Consumptive Use of 5 million gallons per 
day or greater average over any 90-day period, the 
Proposal shall also undergo Regional Review. 
‘‘2. Intra-Basin Transfer. A Proposal for an Intra- 
Basin Transfer that would be considered a Diversion 
under this Compact, and not already excepted pursuant 
to paragraph 1 of this Section, shall be excepted from the 
prohibition against Diversions, provided that: 
‘‘a. If the Proposal results from a New or In-
creased Withdrawal less than 100,000 gallons per 
day average over any 90-day period, the Proposal 
shall be subject to management and regulation at 
the discretion of the Originating Party. 
‘‘b. If the Proposal results from a New or In-
creased Withdrawal 100,000 gallons per day or 
greater average over any 90-day period and if the 
Consumptive Use resulting from the Withdrawal is 
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less than 5 million gallons per day average over any 
90-day period: 
‘‘i. The Proposal shall meet the Exception 
Standard and be subject to management and 
regulation by the Originating Party, except that 
the Water may be returned to another Great 
Lake watershed rather than the Source Water-
shed; 
‘‘ii. The Applicant shall demonstrate that 
there is no feasible, cost effective, and environ-
mentally sound water supply alternative within 
the Great Lake watershed to which the Water 
will be transferred, including conservation of ex-
isting water supplies; and, 
‘‘iii. The Originating Party shall provide 
notice to the other Parties prior to making any 
decision with respect to the Proposal. 
‘‘c. If the Proposal results in a New or In-
creased Consumptive Use of 5 million gallons per 
day or greater average over any 90-day period: 
‘‘i. The Proposal shall be subject to man-
agement and regulation by the Originating 
Party and shall meet the Exception Standard, 
ensuring that Water Withdrawn shall be re-
turned to the Source Watershed; 
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‘‘ii. The Applicant shall demonstrate that 
there is no feasible, cost effective, and environ-
mentally sound water supply alternative within 
the Great Lake watershed to which the Water 
will be transferred, including conservation of ex-
isting water supplies; 
‘‘iii. The Proposal undergoes Regional Re-
view; and, 
‘‘iv. The Proposal is approved by the 
Council. Council approval shall be given unless 
one or more Council Members vote to dis-
approve. 
‘‘3. Straddling Counties. A Proposal to transfer 
Water to a Community within a Straddling County that 
would be considered a Diversion under this Compact shall 
be excepted from the prohibition against Diversions, pro-
vided that it satisfies all of the following conditions: 
‘‘a. The Water shall be used solely for the Pub-
lic Water Supply Purposes of the Community within 
a Straddling County that is without adequate sup-
plies of potable water; 
‘‘b. The Proposal meets the Exception Stand-
ard, maximizing the portion of water returned to the 
Source Watershed as Basin Water and minimizing 
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