•HJ 91 IH
within the ACF Basin among the three states. Such for-
mula may be represented by a table, chart, mathematical
calculation or any other expression of the Commission’s
apportionment of waters pursuant to this compact.
‘‘(c) ‘Commission’ or ‘ACF Basin Commission’ means
the Apalachicola-Chattahoochee-Flint River Basin Com-
mission 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 91 IH
tion, control or regulation of waters within the ACF Basin
for any purpose.
‘‘(i) ‘Water resources,’ or ‘waters’ means all surface
waters and ground waters contained or otherwise originat-
ing within the ACF 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, Florida and Georgia and by the
Congress of the United States of America.
‘‘ARTICLE VI
‘‘ACF BASIN COMMISSION CREATED
‘‘(a) There is hereby created an interstate adminis-
trative agency to be known as the ‘ACF Basin Commis-
sion.’ The Commission shall be comprised of one member
representing the state of Alabama, one member represent-
ing the state of Florida, 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 mem-
ber shall be known as ‘Federal Commissioner.’ The ACF
Basin Commission is a body politic and corporate, with
succession for the duration of this Compact.
•HJ 91 IH
‘‘(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 mem-
bers 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 Commis-
sioner, including voting on Commission matters, in the
event the State Commissioner is unable to attend a meet-
ing 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 ap-
pointed, 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 ACF. 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 91 IH
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 ACF Basin
Commission and the Commission shall make all decisions
and exercise all powers by unanimous vote of the three
State Commissioners. The Federal Commissioner shall not
have a vote, but shall attend and participate in all meet-
ings of the ACF Basin Commission to the same extent
as the State Commissioners.
‘‘(e) The ACF 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 91 IH
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 ACF 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 ACF Basin
for the purposes of, but not limited to, minimizing adverse
•HJ 91 IH
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 ACF 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 ACF 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 ACF Basin Commission authority to issue
bonds or to exercise any right of eminent domain or power
of condemnation;
•HJ 91 IH
‘‘(12) to establish and modify an allocation formula
for apportioning the surface waters of the ACF Basin
among the states of Alabama, Florida and Georgia; and
‘‘(13) to perform all functions required of it by this
Compact and to do all things necessary, proper or conven-
ient in the performance of its duties hereunder, either
independently or in cooperation with any state or the
United States.
‘‘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 ACF Basin among the states
while protecting the water quality, ecology and biodiversity
of the ACF, 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 pur-
pose, all members of the ACF Basin Commission, includ-
ing the Federal Commissioner, shall have full rights to no-
tice of and participation in all meetings of the ACF Basin
Commission and technical committees in which the basis
and terms and conditions of the allocation formula are to