105TH CONGRESS
1ST SESSION
H. J. RES. 92
JOINT RESOLUTION
Granting the consent of Congress to the Alabama-
Coosa-Tallapoosa River Basin Compact.
105TH CONGRESS
1ST SESSION
H. J. RES. 92
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,
•HJ 92 EH
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 substan-
tially 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 en-
tered into for the purposes of promoting interstate comity,
removing causes of present and future controversies, equi-
tably apportioning the surface waters of the ACT, engag-
ing in water planning, and developing and sharing com-
mon data bases.
•HJ 92 EH
‘‘ARTICLE II
‘‘SCOPE OF THE COMPACT
‘‘This Compact shall extend to all of the waters aris-
ing within the drainage basin of the ACT in the states
of Alabama and Georgia.
‘‘ARTICLE III
‘‘PARTIES
‘‘The parties to this Compact are the states of Ala-
bama 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 mean-
ings:
‘‘(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 de-
termines an equitable apportionment of surface waters
within the ACT Basin among the two states. Such formula
•HJ 92 EH
may be represented by a table, chart, mathematical cal-
culation or any other expression of the Commission’s ap-
portionment 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 satu-
rated zone or stratum beneath the surface of land, wheth-
er or not flowing through known and definite channels.
‘‘(e) ‘Person’ means any individual, firm, association,
organization, partnership, business, trust, corporation,
public corporation, company, the United States of Amer-
ica, any state, and all political subdivisions, regions, dis-
tricts, municipalities, and public agencies thereof.
‘‘(f) ‘Surface waters’ means waters upon the surface
of the earth, whether contained in bounds created natu-
rally 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 Government 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, reten-
•HJ 92 EH
tion, 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 originat-
ing within the ACT Basin.
‘‘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 adminis-
trative agency to be known as the ‘ACT Basin Commis-
sion.’ The Commission shall be comprised of one member
representing the State of Alabama, one member represent-
ing the State of Georgia, and one non-voting member rep-
resenting the United States of America. The State mem-
bers shall be known as ‘State Commissioners’ and the
Federal member shall be known as ‘Federal Commis-
sioner.’ The ACT Basin Commission is a body politic and
corporate, with succession for the duration of this Com-
pact.
•HJ 92 EH
‘‘(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 Commis-
sioner’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 Commis-
sioner is appointed, each alternate State Commissioner
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 inter-
est in the ACT. The President shall also appoint an alter-
nate 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 pos-
sess all of the powers of the Federal Commissioner. The
•HJ 92 EH
Federal Commissioner and alternate appointed by the
President shall serve until they resign or their replace-
ments are appointed.
‘‘(d) Each state shall have one vote on the ACT Basin
Commission 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 ratifica-
tion 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 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 annu-
•HJ 92 EH
ally 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 ex-
ercise 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 nec-
essary to accomplish the purposes of this Compact;
‘‘(4) to receive funds from any lawful source and ex-
pend funds for any lawful purpose;
‘‘(5) to enter into agreements or contracts, where ap-
propriate, in order to accomplish the purposes of this
Compact;
‘‘(6) to create committees and delegate responsibil-
ities;
‘‘(7) to plan, coordinate, monitor, and make rec-
ommendations for the water resources of the ACT Basin
for the purposes of, but not limited to, minimizing adverse
•HJ 92 EH
impacts of floods and droughts and improving water qual-
ity, water supply, and conservation as may be deemed nec-
essary by the Commission;
‘‘(8) to participate with other governmental and non-
governmental entities in carrying out the purposes of this
Compact;
‘‘(9) to conduct studies, to generate information re-
garding 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 per-
sonal and real property as may be necessary for the per-
formance of its duties under the Compact; provided, how-
ever, 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;
•HJ 92 EH
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 ACT
Basin that may influence the water resources within the
ACT 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 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. 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 ACT Basin as of the effective date of this Compact,
•HJ 92 EH
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 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.
•HJ 92 EH
‘‘(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 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 and Georgia fail to agree
on an equitable apportionment of the surface waters of
•HJ 92 EH
the ACT as provided in Article VII(a) of this Compact
by December 31, 1998, unless the voting members of the
ACT Basin Commission unanimously agree to extend 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 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 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 ACT Basin Commission, in conjunction with
one or more interstate, federal, state or local agencies, is
•HJ 92 EH
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, 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
•HJ 92 EH
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 ACT 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 ACT Basin and water resource facilities in
the ACT 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 ACT 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 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
•HJ 92 EH
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 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
•HJ 92 EH
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 at-
tendance 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 Commis-
sion 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 nar-
rative of the relevant matters supporting the claimant’s
position.
‘‘(2) Within twenty (20) days of the Commission’s re-
ceipt of a written statement of a claim, the party or parties
to the Compact against whom the complaint is made may
•HJ 92 EH
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 re-
sponses thereto, the Commission shall convene as soon as
reasonably practicable, 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 unanimous vote of the State Commissioners shall
be binding upon the state parties and any state party de-
termined to be in violation of the allocation formula shall
correct such violation without delay.
‘‘(5) If the Commission is unable to resolve the dis-
pute within 10 days from the date of the meeting convened
pursuant to subparagraph (a)(3) of this Article, the Com-
mission shall select, by unanimous decision of the voting
members of the Commission, an independent mediator to
conduct a non-binding mediation of the dispute. The medi-
ator 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 Commission. The expenses of the medi-
•HJ 92 EH
ator shall be paid by the Commission. If the mediator be-
comes unwilling or unable to serve, the Commission by
unanimous decision of the voting members of the Commis-
sion, shall appoint another independent mediator.
‘‘(6) If the Commission fails to appoint an independ-
ent 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 medi-
ator 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 state-
ment of its position regarding the issue or issues in dis-
pute. Such statements shall not be exchanged by the par-
ties except upon the unanimous agreement of the parties
to the mediation.
‘‘(8) The mediator shall not divulge confidential in-
formation disclosed to the mediator by the parties or by
witnesses, if any, in the course of the mediation. All
records, reports, or other documents received by a medi-
•HJ 92 EH
ator while serving as a mediator shall be considered con-
fidential. The mediator shall not be compelled in any ad-
versary 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
confidentiality of the information received during the me-
diation 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 medi-
ator; or
‘‘c. The fact that another party to the hearing had
or had not indicated a willingness to accept a proposal
for settlement of the dispute.
‘‘(10) The mediator may terminate the non-binding
mediation session or sessions whenever, in the judgment
of the mediator, further efforts to resolve the dispute
would not lead to a resolution of the dispute between or
among the parties. Any party to the dispute may termi-
nate the mediation process at any time by giving written
notification to the mediator and the Commission. If termi-
nated prior to reaching a resolution, the party submitting
the original claim to the Commission shall have no further
•HJ 92 EH
obligation to bring its claim before the Commission and
may proceed by pursuing any appropriate remedies, in-
cluding any and all judicial remedies.
‘‘(11) The mediator shall have no authority to require
the parties to enter into a settlement of any dispute re-
garding the Compact. The mediator may simply attempt
to assist the parties in reaching a mutually acceptable res-
olution of their dispute. The mediator is authorized to con-
duct joint and separate meetings with the parties to the
mediation and to make oral or written recommendations
for a settlement of the dispute.
‘‘(12) At any time during the mediation process, the
Commission is encouraged to take whatever steps it deems
necessary to assist the mediator or the parties to resolve
the dispute.
‘‘(13) In the event of a proceeding seeking enforce-
ment of the allocation formula, this Compact creates a
cause of action solely for equitable relief. No action for
money damages may be maintained. The party or parties
alleging a violation of the Compact shall have the burden
of proof.
‘‘(b) In the event of a dispute between any voting
member and the United States relating to a state’s non-
compliance with the allocation formula as a result of ac-
tions or a refusal to act by officers, agencies or instrumen-
•HJ 92 EH
talities of the United States, the provisions set forth in
paragraph (a) of this Article (other than the provisions
of subparagraph (a)(4)) shall apply.
‘‘(c) The United States may initiate dispute resolu-
tion under paragraph (a) in the same manner as other
parties to this Compact.
‘‘(d) Any signatory party who is affected by any ac-
tion of the Commission, other than the adoption or en-
forcement of or compliance with the allocation formula,
may file a complaint before the ACT Basin Commission
seeking to enforce any provision of this Compact.
‘‘(1) The Commission shall refer the dispute to an
independent hearing officer or mediator, to conduct a
hearing or mediation of the dispute. If the parties are un-
able to settle their dispute through mediation, a hearing
shall be held by the Commission or its designated hearing
officer. Following a hearing conducted by a hearing offi-
cer, the hearing officer shall submit a report to the Com-
mission setting forth findings of fact and conclusions of
law, and making recommendations to the Commission for
the resolution of the dispute.
‘‘(2) The Commission may adopt or modify the rec-
ommendations of the hearing officer within 60 days of
submittal of the report. If the Commission is unable to
reach unanimous agreement on the resolution of the dis-
•HJ 92 EH
pute within 60 days of submittal of the report with the
concurrence of the Federal Commissioner in disputes in-
volving or affecting federal interests, the affected party
may file an action in any court of competent jurisdiction
to enforce the provisions of this Compact. The hearing of-
ficer’s report shall be of no force and effect and shall not
be admissible as evidence in any further proceedings.
‘‘(e) All actions under this Article shall be subject to
the following provisions:
‘‘(1) The Commission shall adopt guidelines and pro-
cedures for the appointment of hearing officers or inde-
pendent mediators to conduct all hearings and mediations
required under this Article. The hearing officer or medi-
ator appointed under this Article shall be compensated by
the Commission.
‘‘(2) All hearings or mediations conducted under this
article may be conducted utilizing the Federal Administra-
tive Procedures Act, the Federal Rules of Civil Procedure,
and the Federal Rules of Evidence. The Commission may
also choose to adopt some or all of its own procedural and
evidentiary rules for the conduct of hearings or mediations
under this Compact.
‘‘(3) Any action brought under this Article shall be
limited to equitable relief only. This Compact shall not
give rise to a cause of action for money damages.
•HJ 92 EH
‘‘(4) Any signatory party bringing an action before
the Commission under this Article shall have the burdens
of proof and persuasion.
‘‘ARTICLE XIV
‘‘ENFORCEMENT
‘‘The Commission may, upon unanimous decision,
bring an action against any person to enforce any provi-
sion of this Compact, other than the adoption or enforce-
ment of or compliance with the allocation formula, in any
court of competent jurisdiction.
‘‘ARTICLE XV
‘‘IMPACTS ON OTHER STREAM SYSTEMS
‘‘This Compact shall not be construed as establishing
any general principle or precedent applicable to any other
interstate streams.
‘‘ARTICLE XVI
‘‘IMPACT OF COMPACT ON USE OF WATER
WITHIN THE BOUNDARIES OF THE COM-
PACTING STATES
‘‘The provisions of this Compact shall not interfere
with the right or power of any state to regulate the use
and control of water within the boundaries of the state,
providing such state action is not inconsistent with the al-
location formula.
•HJ 92 EH
‘‘ARTICLE XVII
‘‘AGREEMENT REGARDING WATER QUALITY
‘‘(a) The States of Alabama and Georgia mutually
agree to the principle of individual State efforts to control
man-made water pollution from sources located and oper-
ating within each State and to the continuing support of
each State in active water pollution control programs.
‘‘(b) The States of Alabama and Georgia agree to co-
operate, through their appropriate State agencies, in the
investigation, abatement, and control of sources of alleged
interstate pollution within the ACT River Basin whenever
such sources are called to their attention by the Commis-
sion.
‘‘(c) The States of Alabama and Georgia agree to co-
operate in maintaining the quality of the waters of the
ACT River Basin.
‘‘(d) The States of Alabama and Georgia agree that
no State may require another state to provide water for
the purpose of water quality control as a substitute for
or in lieu of adequate waste treatment.
‘‘ARTICLE XVIII
‘‘EFFECT OF OVER OR UNDER DELIVERIES
UNDER THE COMPACT
‘‘No state shall acquire any right or expectation to
the use of water because of any other state’s failure to
•HJ 92 EH
use the full amount of water allocated to it under this
Compact.
‘‘ARTICLE XIX
‘‘SEVERABILITY
‘‘If any portion of this Compact is held invalid for
any reason, the remaining portions, to the fullest extent
possible, shall be severed from the void portion and given
the fullest possible force, effect, and application.
‘‘ARTICLE XX
‘‘NOTICE AND FORMS OF SIGNATURE
‘‘Notice of ratification of this Compact by the legisla-
ture of each state shall promptly be given by the Governor
of the ratifying state to the Governor of the other partici-
pating state. When the two state legislatures have ratified
the Compact, notice of their mutual ratification shall be
forwarded to the Congressional delegation of the signatory
states for submission to the Congress of the United States
for ratification. When the Compact is ratified by the Con-
gress of the United States, the President, upon signing
the federal ratification legislation, shall promptly notify
the Governors of the participating states and appoint the
Federal Commissioner. The Compact shall be signed by
all three Commissioners as their first order of business
at their first meeting and shall be filed of record in the
party states.’’.
•HJ 92 EH
SEC. 2. INCONSISTENCY OF LANGUAGE.
The validity of the compact consented to by this Act
shall not be affected by any insubstantial difference in its
form or language as adopted by the States.
SEC. 3. RIGHT TO ALTER, AMEND, OR REPEAL.
The right to alter, amend, or repeal this joint resolu-
tion is hereby expressly reserved.
SEC. 4. RESERVATIONS.
To ensure participation of Federal agencies during
the development of the allocation formula and participa-
tion in all technical working groups and meetings in which
the terms and conditions of the allocation formula are ne-
gotiated and to preserve Federal discretion under law, the
consent of Congress to, and participation of the United
States in, the Alabama-Coosa-Tallapoosa River Basin
Compact, is subject to the following conditions and res-
ervations:
(1) Representatives of any Federal agency may
attend any and all meetings of the Commission.
(2) Upon the request of the Federal Commis-
sioner, representatives of any Federal agency may
participate in any meetings of technical committees,
if any, of the Commission at which the basis or
terms and conditions of the allocation formula or
modifications to the allocation formula are to be dis-
cussed or negotiated.
•HJ 92 EH
(3) The Federal Commissioner shall be given
notice of any meeting of the Commission or any
meeting of technical committees, if any, of the Com-
mission at which compliance with the allocation for-
mula by one or more officers, agencies, or instru-
mentalities of the United States is to be discussed.
(4) Under the provisions of Article VII(a), the
Federal Commissioner may submit a letter of con-
currence with the allocation formula unanimously
adopted by the State Commissioners within 255
days of such adoption.
(5) No mediator shall be selected under Article
XIII(b) or Article XIII(c) without the concurrence of
the Federal Commissioner and no resolution of a
dispute under Article XIII(c) shall be made binding
on the United States without the concurrence of the
Federal Commissioner.
(6) The obligations of employees, agencies, and
instrumentalities of the United States pursuant to
Articles VII(b), X(a), and X(c) to exercise their dis-
cretion, to the maximum extent practicable, in a
manner consistent with the allocation formula shall
not be construed to interfere with the ability of such
employees, agencies, and instrumentalities to take
actions during emergency situations.
•HJ 92 EH
(7) As among water right holders within any
one State, nothing in this Compact shall be con-
strued as affecting or intending to affect or in any
way to interfere with the laws of the respective sig-
natory States relating to riparian rights of the Unit-
ed States in and to the waters of the Alabama-
Coosa-Tallapoosa River Basin.
SEC. 5. EFFECTUATION.
(a) FEDERAL AGENCY AUTHORITY.—To carry out
the purposes of this Compact, Federal agencies are au-
thorized, as they may deem appropriate—
(1) to engage in cooperative relationships with
the Commission;
(2) to conduct studies and monitoring programs
in cooperation with the Commission;
(3) to enter into agreements to indemnify pri-
vate landowners against liability that may arise from
studies and monitoring programs undertaken in co-
operation with the Commission; and
(4) to furnish assistance, including the provi-
sion of services, facilities, and personnel, to the Fed-
eral Commissioner.
(b) APPROPRIATIONS.—Appropriations are author-
ized as necessary for implementing the Compact, including
appropriations for carrying out the functions of the Fed-
•HJ 92 EH
eral Commissioner and alternates and for employment of
personnel by the Federal Commissioner.
Passed the House of Representatives November 4,
1997.
Attest:
Clerk.