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sioners 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 ACF
Basin that may influence the water resources within the
ACF Basin. The parties to this Compact further acknowl-
edge and recognize that various agencies of the United
States have responsibilities for administering certain fed-
eral laws and exercising certain federal powers that may
influence the water resources within the ACF 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. Accord-
ingly, once an allocation formula is adopted, each and
every officer, agency, and instrumentality of the United
States shall have an obligation and duty, to the maximum
extent practicable, to exercise their powers, authority, and
discretion in a manner consistent with the allocation for-
mula so long as the exercise of such powers, authority,
and discretion is not in conflict with federal law.
‘‘(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 ACF Basin as of the effective date of this Compact,
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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amount of water resources withdrawn, diverted or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 ACF 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 ACF Basin as of the effective
date of this Compact, seeks to withdraw, divert or
consume more than one million gallons per day on an aver-
age 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.
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‘‘(d) As the owner, operator, licensor, permitting au-
thority or regulator of a water resource facility under its
jurisdiction, each state shall be responsible for using its
best efforts to achieve compliance with the allocation for-
mula 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, Flor-
ida 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 ex-
pressly repealing this Compact.
‘‘(3) The States of Alabama, Florida and Georgia fail
to agree on an equitable apportionment of the surface wa-
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ters of the ACF as provided in Article VII(a) of this Com-
pact by December 31, 1998, unless the voting members
of the ACF Basin Commission unanimously agree to ex-
tend this deadline.
‘‘(4) The Federal Commissioner submits to the Com-
mission a letter of nonconcurrence in the initial allocation
formula in accordance with Article VII(a) of the Compact,
unless the voting members of the ACF 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 non-
concurrence 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 enforce-
ment 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 be-
come a signatory to this Compact.
‘‘ARTICLE IX
‘‘COMPLETION OF STUDIES PENDING
ADOPTION OF ALLOCATION FORMULA
‘‘The ACF Basin Commission, in conjunction with
one or more interstate, federal, state or local agencies, is
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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
ACF Basin shall, to the maximum extent practicable, en-
force, implement or administer those laws in furtherance
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 wa-
ters which are the subject of the Compact, including
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projects of the Commission, nor shall any act of the Com-
mission have the effect of repealing, modifying or amend-
ing any federal law. All officers, agencies and instrumen-
talities of the United States shall exercise their powers and
authority over water resources in the ACF Basin and
water resource facilities, and to the maximum extent prac-
ticable, shall exercise their discretion in carrying out their
responsibilities, powers, and authorities over water re-
sources in the ACF Basin and water resource facilities in
the ACF Basin in a manner consistent with and that effec-
tuates 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 instru-
mentalities shall cooperate with the ACF Basin Commis-
sion in accomplishing the purposes of the Compact and
fulfilling the obligations of each of the parties to the Com-
pact regarding the allocation formula.
‘‘(d) Once adopted by the three 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
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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 ex-
clusively 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 Com-
mission, including the development and adoption of the
initial allocation formula and any modification thereto.
Prior to the adoption of the initial allocation formula, the
Commission shall adopt procedures ensuring public par-
ticipation 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 ACF 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