H. J. Res. 92
One Hundred Fifth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, one thousand nine hundred and ninety-seven
Joint Resolution
Granting the consent of Congress to the Alabama-Coosa-Tallapoosa River Basin
Compact.
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. CONGRESSIONAL CONSENT.
The Congress consents to the Alabama-Coosa-Tallapoosa River
Basin Compact entered into by the States of Alabama and Georgia.
The compact is substantially as follows:
‘‘Alabama-Coosa-Tallapoosa River Basin Compact
‘‘The States of Alabama and Georgia and the United States
of America hereby agree to the following compact which shall
become effective upon enactment of concurrent legislation by each
respective state legislature and the Congress of the United States
‘‘SHORT TITLE
‘‘This Act shall be known and may be cited as the ‘Alabama-
Coosa-Tallapoosa River Basin Compact’ and shall be referred to
hereafter in this document as the ‘ACT Compact’ or ‘Compact’.
‘‘ARTICLE I
‘‘COMPACT PURPOSES
‘‘This Compact among the States of Alabama and Georgia and
the United States of America has been entered into for the purposes
of promoting interstate comity, removing causes of present and
future controversies, equitably apportioning the surface waters of
the ACT, engaging in water planning, and developing and sharing
common data bases.
‘‘ARTICLE II
‘‘SCOPE OF THE COMPACT
‘‘This Compact shall extend to all of the waters arising within
the drainage basin of the ACT in the states of Alabama and Georgia.
H. J. Res. 92—2
‘‘ARTICLE III
‘‘PARTIES
‘‘The parties to this Compact are the states of Alabama and
Georgia and the United States of America.
‘‘ARTICLE IV
‘‘DEFINITIONS
‘‘For the purposes of this Compact, the following words, phrases
and terms shall have the following meanings:
‘‘(a) ‘ACT Basin’ or ‘ACT ’ means the area of natural drainage
into the Alabama River and its tributaries, the Coosa River and
its tributaries, and the Tallapoosa River and its tributaries. Any
reference to the rivers within this Compact will be designated
using the letters ‘ACT ’ and when so referenced will mean each
of these three rivers and each of the tributaries to each such
river.
‘‘(b) ‘Allocation formula’ means the methodology, in whatever
form, by which the ACT Basin Commission determines an equitable
apportionment of surface waters within the ACT Basin among
the two states. Such formula may be represented by a table, chart,
mathematical calculation or any other expression of the Commis-
sion’s apportionment of waters pursuant to this compact.
‘‘(c) ‘Commission’ or ‘ACT Basin Commission’ means the
Alabama-Coosa-Tallapoosa River Basin Commission created and
established pursuant to this Compact.
‘‘(d) ‘Ground waters’ means waters within a saturated zone
or stratum beneath the surface of land, whether or not flowing
through known and definite channels.
‘‘(e) ‘Person’ means any individual, firm, association, organiza-
tion, partnership, business, trust, corporation, public corporation,
company, the United States of America, any state, and all political
subdivisions, regions, districts, municipalities, and public agencies
thereof.
‘‘(f ) ‘Surface waters’ means waters upon the surface of the
earth, whether contained in bounds created naturally or artificially
or diffused. Water from natural springs shall be considered ‘surface
waters’ when it exits from the spring onto the surface of the earth.
‘‘(g) ‘United States’ means the executive branch of the Govern-
ment of the United States of America, and any department, agency,
bureau or division thereof.
‘‘(h) ‘Water Resource Facility’ means any facility or project
constructed for the impoundment, diversion, retention, control or
regulation of waters within the ACT Basin for any purpose.
‘‘(i) ‘Water resources,’ or ‘waters’ means all surface waters and
ground waters contained or otherwise originating within the ACT
Basin.
H. J. Res. 92—3
‘‘ARTICLE V
‘‘CONDITIONS PRECEDENT TO LEGAL VIABILITY OF THE
COMPACT
‘‘This Compact shall not be binding on any party until it has
been enacted into law by the legislatures of the States of Alabama
and Georgia and by the Congress of the United States of America.
‘‘ARTICLE VI
‘‘ACT BASIN COMMISSION CREATED
‘‘(a) There is hereby created an interstate administrative agency
to be known as the ‘ACT Basin Commission.’ The Commission
shall be comprised of one member representing the State of Ala-
bama, one member representing the State of Georgia, and one
non-voting member representing the United States of America.
The State members shall be known as ‘State Commissioners’ and
the Federal member shall be known as ‘Federal Commissioner.’
The ACT Basin Commission is a body politic and corporate, with
succession for the duration of this Compact.
‘‘(b) The Governor of each of the States shall serve as the
State Commissioner for his or her State. Each State Commissioner
shall appoint one or more alternate members and one of such
alternates as designated by the State Commissioner shall serve
in the State Commissioner’s place and carry out the functions
of the State Commissioner, including voting on Commission matters,
in the event the State Commissioner is unable to attend a meeting
of the Commission. The alternate members from each State shall
be knowledgeable in the field of water resources management.
Unless otherwise provided by law of the State for which an alternate
State Commissioner is appointed, each alternate State Commis-
sioner shall serve at the pleasure of the State Commissioner. In
the event of a vacancy in the office of an alternate, it shall be
filled in the same manner as an original appointment.
‘‘(c) The President of the United States of America shall appoint
the Federal Commissioner who shall serve as the representative
of all Federal agencies with an interest in the ACT. The President
shall also appoint an alternate Federal Commissioner to attend
and participate in the meetings of the Commission in the event
the Federal Commissioner is unable to attend meetings. When
at meetings, the alternate Federal Commissioner shall possess all
of the powers of the Federal Commissioner. The Federal Commis-
sioner and alternate appointed by the President shall serve until
they resign or their replacements are appointed.
‘‘(d) Each state shall have one vote on the ACT Basin Commis-
sion and the Commission shall make all decisions and exercise
all powers by unanimous vote of the two State Commissioners.
The Federal Commissioner shall not have a vote but shall attend
and participate in all meetings of the ACT Basin Commission
to the same extent as the State Commissioners.
‘‘(e) The ACT Basin Commission shall meet at least once a
year at a date set at its initial meeting. Such initial meeting
shall take place within ninety days of the ratification of the Compact
by the Congress of the United States and shall be called by the
chairman of the Commission. Special meetings of the Commission
may be called at the discretion of the chairman of the Commission
H. J. Res. 92—4
and shall be called by the chairman of the Commission upon written
request of any member of the Commission. All members shall
be notified of the time and place designated for any regular or
special meeting at least five days prior to such meeting in one
of the following ways: by written notice mailed to the last mailing
address given to the Commission by each member, by facsimile,
telegram or by telephone. The Chairmanship of the Commission
shall rotate annually among the voting members of the Commission
on an alphabetical basis, with the first chairman to be the State
Commissioner representing the State of Alabama.
‘‘(f ) All meetings of the Commission shall be open to the public.
‘‘(g) The ACT Basin Commission, so long as the exercise of
power is consistent with this Compact, shall have the following
general powers:
‘‘(1) to adopt bylaws and procedures governing its conduct;
‘‘(2) to sue and be sued in any court of competent jurisdiction;
‘‘(3) to retain and discharge professional, technical, clerical and
other staff and such consultants as are necessary to accomplish
the purposes of this Compact;
‘‘(4) to receive funds from any lawful source and expend funds
for any lawful purpose;
‘‘(5) to enter into agreements or contracts, where appropriate,
in order to accomplish the purposes of this Compact;
‘‘(6) to create committees and delegate responsibilities;
‘‘(7) to plan, coordinate, monitor, and make recommendations
for the water resources of the ACT Basin for the purposes of,
but not limited to, minimizing adverse impacts of floods and
droughts and improving water quality, water supply, and conserva-
tion as may be deemed necessary by the Commission;
‘‘(8) to participate with other governmental and non-govern-
mental entities in carrying out the purposes of this Compact;
‘‘(9) to conduct studies, to generate information regarding the
water resources of the ACT Basin, and to share this information
among the Commission members and with others;
‘‘(10) to cooperate with appropriate state, federal, and local
agencies or any other person in the development, ownership,
sponsorship, and operation of water resource facilities in the ACT
Basin; provided, however, that the Commission shall not own or
operate a federally-owned water resource facility unless authorized
by the United States Congress;
‘‘(11) to acquire, receive, hold and convey such personal and
real property as may be necessary for the performance of its duties
under the Compact; provided, however, that nothing in this Compact
shall be construed as granting the ACT Basin Commission authority
to issue bonds or to exercise any right of eminent domain or power
of condemnation;
‘‘(12) to establish and modify an allocation formula for appor-
tioning the surface waters of the ACT Basin among the states
of Alabama and Georgia; and
‘‘(13) to perform all functions required of it by this Compact
and to do all things necessary, proper or convenient in the perform-
ance of its duties hereunder, either independently or in cooperation
with any state or the United States.
H. J. Res. 92—5
‘‘ARTICLE VII
‘‘EQUITABLE APPORTIONMENT
‘‘(a) It is the intent of the parties to this Compact to develop
an allocation formula for equitably apportioning the surface waters
of the ACT Basin among the states while protecting the water
quality, ecology and biodiversity of the ACT, as provided in the
Clean Water Act, 33 U.S.C. Sections 1251 et seq., the Endangered
Species Act, 16 U.S.C. Sections 1532 et seq., the National Environ-
mental Policy Act, 42 U.S.C. Sections 4321 et seq., the Rivers
and Harbors Act of 1899, 33 U.S.C. Sections 401 et seq., and
other applicable federal laws. For this purpose, all members of
the ACT Basin Commission, including the Federal Commissioner,
shall have full rights to notice of and participation in all meetings
of the ACT Basin Commission and technical committees in which
the basis and terms and conditions of the allocation formula are
to be discussed or negotiated. When an allocation formula is unani-
mously approved by the State Commissioners, there shall be an
agreement among the states regarding an allocation formula. The
allocation formula thus agreed upon shall become effective and
binding upon the parties to this Compact upon receipt by the
Commission of a letter of concurrence with said formula from the
Federal Commissioner. If, however, the Federal Commissioner fails
to submit a letter of concurrence to the Commission within two
hundred ten (210) days after the allocation formula is agreed upon
by the State Commissioners, the Federal Commissioner shall within
forty-five (45) days thereafter submit to the ACT Basin Commission
a letter of nonconcurrence with the allocation formula setting forth
therein specifically and in detail the reasons for nonconcurrence;
provided, however, the reasons for nonconcurrence as contained
in the letter of nonconcurrence shall be based solely upon federal
law. The allocation formula shall also become effective and binding
upon the parties to this Compact if the Federal Commissioner
fails to submit to the ACT Basin Commission a letter of nonconcur-
rence in accordance with this Article. Once adopted pursuant to
this Article, the allocation formula may only be modified by unani-
mous decision of the State Commissioners and the concurrence
by the Federal Commissioner in accordance with the procedures
set forth in this Article.
‘‘(b) The parties to this Compact recognize that the United
States operates certain projects within the ACT Basin that may
influence the water resources within the ACT Basin. The parties
to this Compact further acknowledge and recognize that various
agencies of the United States have responsibilities for administering
certain federal laws and exercising certain federal powers that
may influence the water resources within the ACT Basin. It is
the intent of the parties to this Compact, including the United
States, to achieve compliance with the allocation formula adopted
in accordance with this Article. Accordingly, once an allocation
formula is adopted, each and every officer, agency, and instrumen-
tality of the United States shall have an obligation and duty,
to the maximum extent practicable, to exercise their powers, author-
ity, and discretion in a manner consistent with the allocation for-
mula so long as the exercise of such powers, authority, and discre-
tion is not in conflict with federal law.
H. J. Res. 92—6
‘‘(c) Between the effective date of this Compact and the approval
of the allocation formula under this Article, the signatories to
this Compact agree that any person who is withdrawing, diverting,
or consuming water resources of the ACT Basin as of the effective
date of this Compact, may continue to withdraw, divert or consume
such water resources in accordance with the laws of the state
where such person resides or does business and in accordance
with applicable federal laws. The parties to this Compact further
agree that any such person may increase the amount of water
resources withdrawn, diverted or consumed to satisfy reasonable
increases in the demand of such person for water between the
effective date of this Compact and the date on which an allocation
formula is approved by the ACT Basin Commission as permitted
by applicable law. Each of the state parties to this Compact further
agree to provide written notice to each of the other parties to
this Compact in the event any person increases the withdrawal,
diversion or consumption of such water resources by more than
10 million gallons per day on an average annual daily basis, or
in the event any person, who was not withdrawing, diverting or
consuming any water resources from the ACT Basin as of the
effective date of this Compact, seeks to withdraw, divert or consume
more than one million gallons per day on an average annual daily
basis from such resources. This Article shall not be construed as
granting any permanent, vested or perpetual rights to the amounts
of water used between January 3, 1992 and the date on which
the Commission adopts an allocation formula.
‘‘(d) As the owner, operator, licensor, permitting authority or
regulator of a water resource facility under its jurisdiction, each
state shall be responsible for using its best efforts to achieve compli-
ance with the allocation formula adopted pursuant to this Article.
Each such state agrees to take such actions as may be necessary
to achieve compliance with the allocation formula.
‘‘(e) This Compact shall not commit any state to agree to
any data generated by any study or commit any state to any
allocation formula not acceptable to such state.
‘‘ARTICLE VIII
‘‘CONDITIONS RESULTING IN TERMINATION OF THE
COMPACT
‘‘(a) This Compact shall be terminated and thereby be void
and of no further force and effect if any of the following events
occur:
‘‘(1) The legislatures of the states of Alabama and Georgia
each agree by general laws enacted by each state within any three
consecutive years that this Compact should be terminated.
‘‘(2) The United States Congress enacts a law expressly repeal-
ing this Compact.
‘‘(3) The States of Alabama and Georgia fail to agree on an
equitable apportionment of the surface waters of the ACT as pro-
vided in Article VII(a) of this Compact by December 31, 1998,
unless the voting members of the ACT Basin Commission unani-
mously agree to extend this deadline.
‘‘(4) The Federal Commissioner submits to the Commission
a letter of nonconcurrence in the initial allocation formula in accord-
ance with Article VII(a) of the Compact, unless the voting members
H. J. Res. 92—7
of the ACT Basin Commission unanimously agree to allow a single
45 day period in which the non-voting Federal Commissioner and
the voting State Commissioners may renegotiate an allocation
formula and the Federal Commissioner withdraws the letter of
nonconcurrence upon completion of this renegotiation.
‘‘(b) If the Compact is terminated in accordance with this Article
it shall be of no further force and effect and shall not be the
subject of any proceeding for the enforcement thereof in any federal
or state court. Further, if so terminated, no party shall be deemed
to have acquired a specific right to any quantity of water because
it has become a signatory to this Compact.
‘‘ARTICLE IX
‘‘COMPLETION OF STUDIES PENDING ADOPTION OF
ALLOCATION FORMULA
‘‘The ACT Basin Commission, in conjunction with one or more
interstate, federal, state or local agencies, is hereby authorized
to participate in any study in process as of the effective date
of this Compact, including, without limitation, all or any part
of the Alabama-Coosa-Tallapoosa/Apalachicola-Chattahoochee-Flint
River Basin Comprehensive Water Resource Study, as may be deter-
mined by the Commission in its sole discretion.
‘‘ARTICLE X
‘‘RELATIONSHIP TO OTHER LAWS
‘‘(a) It is the intent of the party states and of the United
States Congress by ratifying this Compact, that all state and federal
officials enforcing, implementing or administering other state and
federal laws affecting the ACT Basin shall, to the maximum extent
practicable, enforce, implement or administer those laws in further-
ance of the purposes of this Compact and the allocation formula
adopted by the Commission insofar as such actions are not in
conflict with applicable federal laws.
‘‘(b) Nothing contained in this Compact shall be deemed to
restrict the executive powers of the President in the event of a
national emergency.
‘‘(c) Nothing contained in this Compact shall impair or affect
the constitutional authority of the United States or any of its
powers, rights, functions or jurisdiction under other existing or
future laws in and over the area or waters which are the subject
of the Compact, including projects of the Commission, nor shall
any act of the Commission have the effect of repealing, modifying
or amending any federal law. All officers, agencies and instrumen-
talities of the United States shall exercise their powers and author-
ity over water resources in the ACT Basin and water resource
facilities, and to the maximum extent practicable, shall exercise
their discretion in carrying out their responsibilities, powers, and
authorities over water resources in the ACT Basin and water
resource facilities in the ACT Basin in a manner consistent with
and that effectuates the allocation formula developed pursuant
to this Compact or any modification of the allocation formula so
long as the actions are not in conflict with any applicable federal
law. The United States Army Corps of Engineers, or its successors,
and all other federal agencies and instrumentalities shall cooperate
H. J. Res. 92—8
with the ACT Basin Commission in accomplishing the purposes
of the Compact and fulfilling the obligations of each of the parties
to the Compact regarding the allocation formula.
‘‘(d) Once adopted by the two states and ratified by the United
States Congress, this Compact shall have the full force and effect
of federal law, and shall supersede state and local laws operating
contrary to the provisions herein or the purposes of this Compact;
provided, however, nothing contained in this Compact shall be
construed as affecting or intending to affect or in any way to
interfere with the laws of the respective signatory states relating
to water quality, and riparian rights as among persons exclusively
within each state.
‘‘ARTICLE XI
‘‘PUBLIC PARTICIPATION
‘‘All meetings of the Commission shall be open to the public.
The signatory parties recognize the importance and necessity of
public participation in activities of the Commission, including the
development and adoption of the initial allocation formula and
any modification thereto. Prior to the adoption of the initial alloca-
tion formula, the Commission shall adopt procedures ensuring pub-
lic participation in the development, review, and approval of the
initial allocation formula and any subsequent modification thereto.
At a minimum, public notice to interested parties and a comment
period shall be provided. The Commission shall respond in writing
to relevant comments.
‘‘ARTICLE XII
‘‘FUNDING AND EXPENSES OF THE COMMISSION
‘‘Commissioners shall serve without compensation from the
ACT Basin Commission. All general operational funding required
by the Commission and agreed to by the voting members shall
obligate each state to pay an equal share of such agreed upon
funding. Funds remitted to the Commission by a state in payment
of such obligation shall not lapse; provided, however, that if any
state fails to remit payment within 90 days after payment is due,
such obligation shall terminate and any state which has made
payment may have such payment returned. Costs of attendance
and participation at meetings of the Commission by the Federal
Commissioner shall be paid by the United States.
‘‘ARTICLE XIII
‘‘DISPUTE RESOLUTION
‘‘(a) In the event of a dispute between the voting members
of this Compact involving a claim relating to compliance with the
allocation formula adopted by the Commission under this Compact,
the following procedures shall govern:
‘‘(1) Notice of claim shall be filed with the Commission by
a voting member of this Compact and served upon each member
of the Commission. The notice shall provide a written statement
of the claim, including a brief narrative of the relevant matters
supporting the claimant’s position.
H. J. Res. 92—9
‘‘(2) Within twenty (20) days of the Commission’s receipt of
a written statement of a claim, the party or parties to the Compact
against whom the complaint is made may prepare a brief narrative
of the relevant matters and file it with the Commission and serve
it upon each member of the Commission.
‘‘(3) Upon receipt of a claim and any response or responses
thereto, the Commission shall convene as soon as reasonably prac-
ticable, but in no event later than twenty (20) days from receipt
of any response to the claim, and shall determine if a resolution
of the dispute is possible.
‘‘(4) A resolution of a dispute under this Article through unani-
mous vote of the State Commissioners shall be binding upon the
state parties and any state party determined to be in violation
of the allocation formula shall correct such violation without delay.
‘‘(5) If the Commission is unable to resolve the dispute within
10 days from the date of the meeting convened pursuant to subpara-
graph (a)(3) of this Article, the Commission shall select, by unani-
mous decision of the voting members of the Commission, an
independent mediator to conduct a non-binding mediation of the
dispute. The mediator shall not be a resident or domiciliary of
any member state, shall not be an employee or agent of any member
of the Commission, shall be a person knowledgeable in water
resource management issues, and shall disclose any and all current
or prior contractual or other relations to any member of the Commis-
sion. The expenses of the mediator shall be paid by the Commission.
If the mediator becomes unwilling or unable to serve, the Commis-
sion by unanimous decision of the voting members of the Commis-
sion, shall appoint another independent mediator.
‘‘(6) If the Commission fails to appoint an independent mediator
to conduct a non-binding mediation of the dispute within seventy-
five (75) days of the filing of the original claim or within thirty
(30) days of the date on which the Commission learns that a
mediator is unwilling or unable to serve, the party submitting
the claim shall have no further obligation to bring the claim before
the Commission and may proceed by pursuing any appropriate
remedies, including any and all judicial remedies.
‘‘(7) If an independent mediator is selected, the mediator shall
establish the time and location for the mediation session or sessions
and may request that each party to the Compact submit, in writing,
to the mediator a statement of its position regarding the issue
or issues in dispute. Such statements shall not be exchanged by
the parties except upon the unanimous agreement of the parties
to the mediation.
‘‘(8) The mediator shall not divulge confidential information
disclosed to the mediator by the parties or by witnesses, if any,
in the course of the mediation. All records, reports, or other docu-
ments received by a mediator while serving as a mediator shall
be considered confidential. The mediator shall not be compelled
in any adversary proceeding or judicial forum to divulge the con-
tents of such documents or the fact that such documents exist
or to testify in regard to the mediation.
‘‘(9) Each party to the mediation shall maintain the confidential-
ity of the information received during the mediation and shall
not rely on or introduce in any judicial proceeding as evidence:
‘‘a. Views expressed or suggestions made by another party
regarding a settlement of the dispute;
‘‘b. Proposals made or views expressed by the mediator; or