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‘‘(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.
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‘‘ARTICLE XVII
‘‘AGREEMENT REGARDING WATER QUALITY
‘‘(a) The States of Alabama, Florida, and Georgia
mutually agree to the principle of individual State efforts
to control man-made water pollution from sources located
and operating within each State and to the continuing
support of each State in active water pollution control pro-
grams.
‘‘(b) The States of Alabama, Florida, and Georgia
agree to cooperate, through their appropriate State agen-
cies, in the investigation, abatement, and control of
sources of alleged interstate pollution within the ACF
River Basin whenever such sources are called to their at-
tention by the Commission.
‘‘(c) The States of Alabama, Florida, and Georgia
agree to cooperate in maintaining the quality of the waters
of the ACF River Basin.
‘‘(d) The States of Alabama, Florida, and Georgia
agree that no State may require another state to provide
water for the purpose of water quality control as a sub-
stitute for or in lieu of adequate waste treatment.
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‘‘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
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 Governors of the other partici-
pating states. When all three state legislatures have rati-
fied the Compact, notice of their mutual ratification shall
be forwarded to the Congressional delegation of the signa-
tory states for submission to the Congress of the United
States for ratification. When the Compact is ratified by
the Congress of the United States, the President, upon
signing the Federal ratification legislation, shall promptly
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notify the Governors of the participating states and ap-
point the Federal Commissioner. The Compact shall be
signed by all four Commissioners as their first order of
business at their first meeting and shall be filed of record
in the party states.’’.
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 Apalachicola-Chattahoochee-Flint River
Basin Compact, is subject to the following conditions and
reservations:
(1) Representatives of any Federal agency may
attend any and all meetings of the Commission.
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(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.
(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.
(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
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manner consistent with the allocation formula shall
not be construed to interfere with the ability of such
employees, agencies, and instrumentalities to take
actions mandated by Federal law or during emer-
gency situations.
(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 Apalachicola-
Chattahoochee-Flint 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
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(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-
eral Commissioner and alternates and for employment of
personnel by the Federal Commissioner.
Æ