Great Lakes--St. Lawrence River Basin Water Resources Compact
PL 110-342 (S.J.Res.45), enacted 10/03/2008

122 STAT. 3739 
PUBLIC LAW 110–342—OCT. 3, 2008 
Public Law 110–342 
110th Congress 
Joint Resolution 
Expressing the consent and approval of Congress to an interstate compact regarding 
water resources in the Great Lakes—St. Lawrence River Basin. 
Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled, That 
Whereas the interstate compact regarding water resources in the 
Great Lakes—St. Lawrence River Basin reads as follows: 
‘‘AGREEMENT 
‘‘Section 1. The states of Illinois, Indiana, Michigan, Min-
nesota, New York, Ohio and Wisconsin and the Commonwealth 
of Pennsylvania hereby solemnly covenant and agree with each 
other, upon enactment of concurrent legislation by the respective 
state legislatures and consent by the Congress of the United States 
as follows: 
‘‘GREAT LAKES—ST. LAWRENCE RIVER BASIN WATER 
RESOURCES COMPACT 
‘‘ARTICLE 1 
‘‘SHORT TITLE, DEFINITIONS, PURPOSES AND 
DURATION 
‘‘Section 1.1. Short Title. This act shall be known and may 
be cited as the ‘‘Great Lakes—St. Lawrence River Basin Water 
Resources Compact.’’ 
‘‘Section 1.2. Definitions. For the purposes of this Compact, and 
of any supplemental or concurring legislation enacted pursuant 
thereto, except as may be otherwise required by the context: 
‘‘Adaptive Management means a Water resources manage-
ment system that provides a systematic process for evaluation, 
monitoring and learning from the outcomes of operational programs 
and adjustment of policies, plans and programs based on experience 
and the evolution of scientific knowledge concerning Water 
resources and Water Dependent Natural Resources. 
‘‘Agreement means the Great Lakes—St. Lawrence River 
Basin Sustainable Water Resources Agreement. 
‘‘Applicant means a Person who is required to submit a Pro-
posal that is subject to management and regulation under this 
Compact. Application has a corresponding meaning. 
Great Lakes— 
St. Lawrence 
River Basin 
Water Resources 
Compact. 
State listing. 
Oct. 3, 2008 
[S.J. Res. 45] 
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122 STAT. 3740 
PUBLIC LAW 110–342—OCT. 3, 2008 
‘‘Basin or Great Lakes—St. Lawrence River Basin means 
the watershed of the Great Lakes and the St. Lawrence River 
upstream from Trois-Rivie
`res, Que
´bec within the jurisdiction of 
the Parties. 
‘‘Basin Ecosystem or Great Lakes—St. Lawrence River 
Basin Ecosystem means the interacting components of air, land, 
Water and living organisms, including humankind, within the 
Basin. 
‘‘Community within a Straddling County means any incor-
porated city, town or the equivalent thereof, that is located outside 
the Basin but wholly within a County that lies partly within the 
Basin and that is not a Straddling Community. 
‘‘Compact means this Compact. 
‘‘Consumptive Use means that portion of the Water With-
drawn or withheld from the Basin that is lost or otherwise not 
returned to the Basin due to evaporation, incorporation into Prod-
ucts, or other processes. 
‘‘Council means the Great Lakes—St. Lawrence River Basin 
Water Resources Council, created by this Compact. 
‘‘Council Review means the collective review by the Council 
members as described in Article 4 of this Compact. 
‘‘County means the largest territorial division for local govern-
ment in a State. The County boundaries shall be defined as those 
boundaries that exist as of December 13, 2005. 
‘‘Cumulative Impacts mean the impact on the Basin Eco-
system that results from incremental effects of all aspects of a 
Withdrawal, Diversion or Consumptive Use in addition to other 
past, present, and reasonably foreseeable future Withdrawals, 
Diversions and Consumptive Uses regardless of who undertakes 
the other Withdrawals, Diversions and Consumptive Uses. Cumu-
lative Impacts can result from individually minor but collectively 
significant Withdrawals, Diversions and Consumptive Uses taking 
place over a period of time. 
‘‘Decision-Making Standard means the decision-making 
standard established by Section 4.11 for Proposals subject to 
management and regulation in Section 4.10. 
‘‘Diversion means a transfer of Water from the Basin into 
another watershed, or from the watershed of one of the Great 
Lakes into that of another by any means of transfer, including 
but not limited to a pipeline, canal, tunnel, aqueduct, channel, 
modification of the direction of a water course, a tanker ship, 
tanker truck or rail tanker but does not apply to Water that 
is used in the Basin or a Great Lake watershed to manufacture 
or produce a Product that is then transferred out of the Basin 
or watershed. Divert has a corresponding meaning. 
‘‘Environmentally Sound and Economically Feasible 
Water Conservation Measures mean those measures, methods, 
technologies or practices for efficient water use and for reduction 
of water loss and waste or for reducing a Withdrawal, Consumptive 
Use or Diversion that i) are environmentally sound, ii) reflect best 
practices applicable to the water use sector, iii) are technically 
feasible and available, iv) are economically feasible and cost effective 
based on an analysis that considers direct and avoided economic 
and environmental costs and v) consider the particular facilities 
and processes involved, taking into account the environmental 
impact, age of equipment and facilities involved, the processes 
employed, energy impacts and other appropriate factors. 
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122 STAT. 3741 
PUBLIC LAW 110–342—OCT. 3, 2008 
‘‘Exception means a transfer of Water that is excepted under 
Section 4.9 from the prohibition against Diversions in Section 4.8. 
‘‘Exception Standard means the standard for Exceptions 
established in Section 4.9.4. 
‘‘Intra-Basin Transfer means the transfer of Water from the 
watershed of one of the Great Lakes into the watershed of another 
Great Lake. 
‘‘Measures means any legislation, law, regulation, directive, 
requirement, guideline, program, policy, administrative practice or 
other procedure. 
‘‘New or Increased Diversion means a new Diversion, an 
increase in an existing Diversion, or the alteration of an existing 
Withdrawal so that it becomes a Diversion. 
‘‘New or Increased Withdrawal or Consumptive Use 
means a new Withdrawal or Consumptive Use or an increase in 
an existing Withdrawal or Consumptive Use. 
‘‘Originating Party means the Party within whose jurisdiction 
an Application or registration is made or required. 
‘‘Party means a State party to this Compact. 
‘‘Person means a human being or a legal person, including 
a government or a nongovernmental organization, including any 
scientific, professional, business, non-profit, or public interest 
organization or association that is neither affiliated with, nor under 
the direction of a government. 
‘‘Product means something produced in the Basin by human 
or mechanical effort or through agricultural processes and used 
in manufacturing, commercial or other processes or intended for 
intermediate or end use consumers. (i) Water used as part of the 
packaging of a Product shall be considered to be part of the Product. 
(ii) Other than Water used as part of the packaging of a Product, 
Water that is used primarily to transport materials in or out of 
the Basin is not a Product or part of a Product. (iii) Except as 
provided in (i) above, Water which is transferred as part of a 
public or private supply is not a Product or part of a Product. 
(iv) Water in its natural state such as in lakes, rivers, reservoirs, 
aquifers, or water basins is not a Product. 
‘‘Proposal means a Withdrawal, Diversion or Consumptive 
Use of Water that is subject to this Compact. 
‘‘Province means Ontario or Que
´bec. 
‘‘Public Water Supply Purposes means water distributed 
to the public through a physically connected system of treatment, 
storage and distribution facilities serving a group of largely residen-
tial customers that may also serve industrial, commercial, and 
other institutional operators. Water Withdrawn directly from the 
Basin and not through such a system shall not be considered 
to be used for Public Water Supply Purposes. 
‘‘Regional Body means the members of the Council and the 
Premiers of Ontario and Que
´bec or their designee as established 
by the Agreement. 
‘‘Regional Review means the collective review by the Regional 
Body as described in Article 4 of this Compact. 
‘‘Source Watershed means the watershed from which a With-
drawal originates. If Water is Withdrawn directly from a Great 
Lake or from the St. Lawrence River, then the Source Watershed 
shall be considered to be the watershed of that Great Lake or 
the watershed of the St. Lawrence River, respectively. If Water 
is Withdrawn from the watershed of a stream that is a direct 
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122 STAT. 3742 
PUBLIC LAW 110–342—OCT. 3, 2008 
tributary to a Great Lake or a direct tributary to the St. Lawrence 
River, then the Source Watershed shall be considered to be the 
watershed of that Great Lake or the watershed of the St. Lawrence 
River, respectively, with a preference to the direct tributary stream 
watershed from which it was Withdrawn. 
‘‘Standard of Review and Decision means the Exception 
Standard, Decision-Making Standard and reviews as outlined in 
Article 4 of this Compact. 
‘‘State means one of the states of Illinois, Indiana, Michigan, 
Minnesota, New York, Ohio or Wisconsin or the Commonwealth 
of Pennsylvania. 
‘‘Straddling Community means any incorporated city, town 
or the equivalent thereof, wholly within any County that lies partly 
or completely within the Basin, whose corporate boundary existing 
as of the effective date of this Compact, is partly within the Basin 
or partly within two Great Lakes watersheds. 
‘‘Technical Review means a detailed review conducted to 
determine whether or not a Proposal that requires Regional Review 
under this Compact meets the Standard of Review and Decision 
following procedures and guidelines as set out in this Compact. 
‘‘Water means ground or surface water contained within the 
Basin. 
‘‘Water Dependent Natural Resources means the inter-
acting components of land, Water and living organisms affected 
by the Waters of the Basin. 
‘‘Waters of the Basin or Basin Water means the Great 
Lakes and all streams, rivers, lakes, connecting channels and other 
bodies of water, including tributary groundwater, within the Basin. 
‘‘Withdrawal means the taking of water from surface water 
or groundwater. Withdraw has a corresponding meaning. 
‘‘Section 1.3. Findings and Purposes. 
‘‘The legislative bodies of the respective Parties hereby find 
and declare: 
‘‘1. Findings: 
‘‘a. The Waters of the Basin are precious public natural 
resources shared and held in trust by the States; 
‘‘b. The Waters of the Basin are interconnected and 
part of a single hydrologic system; 
‘‘c. The Waters of the Basin can concurrently serve 
multiple uses. Such multiple uses include municipal, public, 
industrial, commercial, agriculture, mining, navigation, 
energy development and production, recreation, the subsist-
ence, economic and cultural activities of native peoples, 
Water quality maintenance, and the maintenance of fish 
and wildlife habitat and a balanced ecosystem. And, other 
purposes are encouraged, recognizing that such uses are 
interdependent and must be balanced; 
‘‘d. Future Diversions and Consumptive Uses of Basin 
Water resources have the potential to significantly impact 
the environment, economy and welfare of the Great Lakes— 
St. Lawrence River region; 
‘‘e. Continued sustainable, accessible and adequate 
Water supplies for the people and economy of the Basin 
are of vital importance; and, 
‘‘f. The Parties have a shared duty to protect, conserve, 
restore, improve and manage the renewable but finite 
Waters of the Basin for the use, benefit and enjoyment 
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122 STAT. 3743 
PUBLIC LAW 110–342—OCT. 3, 2008 
of all their citizens, including generations yet to come. 
The most effective means of protecting, conserving, 
restoring, improving and managing the Basin Waters is 
through the joint pursuit of unified and cooperative prin-
ciples, policies and programs mutually-agreed upon, 
enacted and adhered to by all Parties. 
‘‘2. Purposes: 
‘‘a. To act together to protect, conserve, restore, improve 
and effectively manage the Waters and Water Dependent Nat-
ural Resources of the Basin under appropriate arrangements 
for intergovernmental cooperation and consultation because 
current lack of full scientific certainty should not be used as 
a reason for postponing measures to protect the Basin Eco-
system; 
‘‘b. To remove causes of present and future controversies; 
‘‘c. To provide for cooperative planning and action by the 
Parties with respect to such Water resources; 
‘‘d. To facilitate consistent approaches to Water manage-
ment across the Basin while retaining State management 
authority over Water management decisions within the Basin; 
‘‘e. To facilitate the exchange of data, strengthen the sci-
entific information base upon which decisions are made and 
engage in consultation on the potential effects of proposed 
Withdrawals and losses on the Waters and Water Dependent 
Natural Resources of the Basin; 
‘‘f. To prevent significant adverse impacts of Withdrawals 
and losses on the Basin’s ecosystems and watersheds; 
‘‘g. To promote interstate and State-Provincial comity; and, 
‘‘h. To promote an Adaptive Management approach to the 
conservation and management of Basin Water resources, which 
recognizes, considers and provides adjustments for the 
uncertainties in, and evolution of, scientific knowledge con-
cerning the Basin’s Waters and Water Dependent Natural 
Resources. 
‘‘Section 1.4. Science. 
‘‘1. The Parties commit to provide leadership for the develop-
ment of a collaborative strategy with other regional partners to 
strengthen the scientific basis for sound Water management deci-
sion making under this Compact. 
‘‘2. The strategy shall guide the collection and application of 
scientific information to support: 
‘‘a. An improved understanding of the individual and 
Cumulative Impacts of Withdrawals from various locations and 
Water sources on the Basin Ecosystem and to develop a mecha-
nism by which impacts of Withdrawals may be assessed; 
‘‘b. The periodic assessment of Cumulative Impacts of With-
drawals, Diversions and Consumptive Uses on a Great Lake 
and St. Lawrence River watershed basis; 
‘‘c. Improved scientific understanding of the Waters of the 
Basin; 
‘‘d. Improved understanding of the role of groundwater 
in Basin Water resources management; and, 
‘‘e. The development, transfer and application of science 
and research related to Water conservation and Water use 
efficiency. 
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122 STAT. 3744 
PUBLIC LAW 110–342—OCT. 3, 2008 
‘‘ARTICLE 2 
‘‘ORGANIZATION 
‘‘Section 2.1. Council Created. 
‘‘The Great Lakes—St. Lawrence River Basin Water Resources 
Council is hereby created as a body politic and corporate, with 
succession for the duration of this Compact, as an agency and 
instrumentality of the governments of the respective Parties. 
‘‘Section 2.2. Council Membership. 
‘‘The Council shall consist of the Governors of the Parties, 
ex officio. 
‘‘Section 2.3. Alternates. 
‘‘Each member of the Council shall appoint at least one alter-
nate who may act in his or her place and stead, with authority 
to attend all meetings of the Council and with power to vote 
in the absence of the member. Unless otherwise provided by law 
of the Party for which he or she is appointed, each alternate 
shall serve during the term of the member appointing him or 
her, subject to removal at the pleasure of the member. In the 
event of a vacancy in the office of alternate, it shall be filled 
in the same manner as an original appointment for the unexpired 
term only. 
‘‘Section 2.4. Voting. 
‘‘1. Each member is entitled to one vote on all matters that 
may come before the Council. 
‘‘2. Unless otherwise stated, the rule of decision shall be by 
a simple majority. 
‘‘3. The Council shall annually adopt a budget for each fiscal 
year and the amount required to balance the budget shall be appor-
tioned equitably among the Parties by unanimous vote of the 
Council. The appropriation of such amounts shall be subject to 
such review and approval as may be required by the budgetary 
processes of the respective Parties. 
‘‘4. The participation of Council members from a majority of 
the Parties shall constitute a quorum for the transaction of business 
at any meeting of the Council. 
‘‘Section 2.5. Organization and Procedure. 
‘‘The Council shall provide for its own organization and proce-
dure, and may adopt rules and regulations governing its meetings 
and transactions, as well as the procedures and timeline for submis-
sion, review and consideration of Proposals that come before the 
Council for its review and action. The Council shall organize, 
annually, by the election of a Chair and Vice Chair from among 
its members. Each member may appoint an advisor, who may 
attend all meetings of the Council and its committees, but shall 
not have voting power. The Council may employ or appoint profes-
sional and administrative personnel, including an Executive 
Director, as it may deem advisable, to carry out the purposes 
of this Compact. 
‘‘Section 2.6. Use of Existing Offices and Agencies. 
‘‘It is the policy of the Parties to preserve and utilize the 
functions, powers and duties of existing offices and agencies of 
government to the extent consistent with this Compact. Further, 
the Council shall promote and aid the coordination of the activities 
and programs of the Parties concerned with Water resources 
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122 STAT. 3745 
PUBLIC LAW 110–342—OCT. 3, 2008 
management in the Basin. To this end, but without limitation, 
the Council may: 
‘‘1. Advise, consult, contract, assist or otherwise cooperate 
with any and all such agencies; 
‘‘2. Employ any other agency or instrumentality of any 
of the Parties for any purpose; and, 
‘‘3. Develop and adopt plans consistent with the Water 
resources plans of the Parties. 
‘‘Section 2.7. Jurisdiction. 
‘‘The Council shall have, exercise and discharge its functions, 
powers and duties within the limits of the Basin. Outside the 
Basin, it may act in its discretion, but only to the extent such 
action may be necessary or convenient to effectuate or implement 
its powers or responsibilities within the Basin and subject to the 
consent of the jurisdiction wherein it proposes to act. 
‘‘Section 2.8. Status, Immunities and Privileges. 
‘‘1. The Council, its members and personnel in their official 
capacity and when engaged directly in the affairs of the Council, 
its property and its assets, wherever located and by whomsoever 
held, shall enjoy the same immunity from suit and every form 
of judicial process as is enjoyed by the Parties, except to the extent 
that the Council may expressly waive its immunity for the purposes 
of any proceedings or by the terms of any contract. 
‘‘2. The property and assets of the Council, wherever located 
and by whomsoever held, shall be considered public property and 
shall be immune from search, requisition, confiscation, expropria-
tion or any other form of taking or foreclosure by executive or 
legislative action. 
‘‘3. The Council, its property and its assets, income and the 
operations it carries out pursuant to this Compact shall be immune 
from all taxation by or under the authority of any of the Parties 
or any political subdivision thereof; provided, however, that in lieu 
of property taxes the Council may make reasonable payments to 
local taxing districts in annual amounts which shall approximate 
the taxes lawfully assessed upon similar property. 
‘‘Section 2.9. Advisory Committees. 
‘‘The Council may constitute and empower advisory committees, 
which may be comprised of representatives of the public and of 
federal, State, tribal, county and local governments, water resources 
agencies, water-using industries and sectors, water-interest groups 
and academic experts in related fields. 
‘‘ARTICLE 3 
‘‘GENERAL POWERS AND DUTIES 
‘‘Section 3.1. General. 
‘‘The Waters and Water Dependent Natural Resources of the 
Basin are subject to the sovereign right and responsibilities of 
the Parties, and it is the purpose of this Compact to provide for 
joint exercise of such powers of sovereignty by the Council in 
the common interests of the people of the region, in the manner 
and to the extent provided in this Compact. The Council and the 
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122 STAT. 3746 
PUBLIC LAW 110–342—OCT. 3, 2008 
Parties shall use the Standard of Review and Decision and proce-
dures contained in or adopted pursuant to this Compact as the 
means to exercise their authority under this Compact. 
The Council may revise the Standard of Review and Decision, 
after consultation with the Provinces and upon unanimous vote 
of all Council members, by regulation duly adopted in accordance 
with Section 3.3 of this Compact and in accordance with each 
Party’s respective statutory authorities and applicable procedures. 
The Council shall identify priorities and develop plans and policies 
relating to Basin Water resources. It shall adopt and promote 
uniform and coordinated policies for Water resources conservation 
and management in the Basin. 
‘‘Section 3.2. Council Powers. 
‘‘The Council may: plan; conduct research and collect, compile, 
analyze, interpret, report and disseminate data on Water resources 
and uses; forecast Water levels; conduct investigations; institute 
court actions; design, acquire, construct, reconstruct, own, operate, 
maintain, control, sell and convey real and personal property and 
any interest therein as it may deem necessary, useful or convenient 
to carry out the purposes of this Compact; make contracts; receive 
and accept such payments, appropriations, grants, gifts, loans, 
advances and other funds, properties and services as may be trans-
ferred or made available to it by any Party or by any other public 
or private agency, corporation or individual; and, exercise such 
other and different powers as may be delegated to it by this Compact 
or otherwise pursuant to law, and have and exercise all powers 
necessary or convenient to carry out its express powers or which 
may be reasonably implied therefrom. 
‘‘Section 3.3. Rules and Regulations. 
‘‘1. The Council may promulgate and enforce such rules and 
regulations as may be necessary for the implementation and 
enforcement of this Compact. The Council may adopt by regulation, 
after public notice and public hearing, reasonable Application fees 
with respect to those Proposals for Exceptions that are subject 
to Council review under Section 4.9. Any rule or regulation of 
the Council, other than one which deals solely with the internal 
management of the Council or its property, shall be adopted only 
after public notice and hearing. 
‘‘2. Each Party, in accordance with its respective statutory 
authorities and applicable procedures, may adopt and enforce rules 
and regulations to implement and enforce this Compact and the 
programs adopted by such Party to carry out the management 
programs contemplated by this Compact. 
‘‘Section 3.4. Program Review and Findings. 
‘‘1. Each Party shall submit a report to the Council and the 
Regional Body detailing its Water management and conservation 
and efficiency programs that implement this Compact. The report 
shall set out the manner in which Water Withdrawals are managed 
by sector, Water source, quantity or any other means, and how 
the provisions of the Standard of Review and Decision and conserva-
tion and efficiency programs are implemented. The first report 
shall be provided by each Party one year from the effective date 
of this Compact and thereafter every 5 years. 
‘‘2. The Council, in cooperation with the Provinces, shall review 
its Water management and conservation and efficiency programs 
Deadlines. 
Reports. 
Plans. 
Policies. 
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122 STAT. 3747 
PUBLIC LAW 110–342—OCT. 3, 2008 
and those of the Parties that are established in this Compact 
and make findings on whether the Water management program 
provisions in this Compact are being met, and if not, recommend 
options to assist the Parties in meeting the provisions of this 
Compact. Such review shall take place: 
‘‘a. 30 days after the first report is submitted by all Parties; 
and, 
‘‘b. Every five years after the effective date of this Compact; 
and, 
‘‘c. At any other time at the request of one of the Parties. 
‘‘3. As one of its duties and responsibilities, the Council may 
recommend a range of approaches to the Parties with respect to 
the development, enhancement and application of Water manage-
ment and conservation and efficiency programs to implement the 
Standard of Review and Decision reflecting improved scientific 
understanding of the Waters of the Basin, including groundwater, 
and the impacts of Withdrawals on the Basin Ecosystem. 
‘‘ARTICLE 4 
‘‘WATER MANAGEMENT AND REGULATION 
‘‘Section 4.1. Water Resources Inventory, Registration and 
Reporting. 
‘‘1. Within five years of the effective date of this Compact, 
each Party shall develop and maintain a Water resources inventory 
for the collection, interpretation, storage, retrieval exchange, and 
dissemination of information concerning the Water resources of 
the Party, including, but not limited to, information on the location, 
type, quantity, and use of those resources and the location, type, 
and quantity of Withdrawals, Diversions and Consumptive Uses. 
To the extent feasible, the Water resources inventory shall be 
developed in cooperation with local, State, federal, tribal and other 
private agencies and entities, as well as the Council. Each Party’s 
agencies shall cooperate with that Party in the development and 
maintenance of the inventory. 
‘‘2. The Council shall assist each Party to develop a common 
base of data regarding the management of the Water Resources 
of the Basin and to establish systematic arrangements for the 
exchange of those data with other States and Provinces. 
‘‘3. To develop and maintain a compatible base of Water use 
information, within five years of the effective date of this Compact 
any Person who Withdraws Water in an amount of 100,000 gallons 
per day or greater average in any 30-day period (including 
Consumptive Uses) from all sources, or Diverts Water of any 
amount, shall register the Withdrawal or Diversion by a date set 
by the Council unless the Person has previously registered in 
accordance with an existing State program. The Person shall reg-
ister the Withdrawal or Diversion with the Originating Party using 
a form prescribed by the Originating Party that shall include, 
at a minimum and without limitation: the name and address of 
the registrant and date of registration; the locations and sources 
of the Withdrawal or Diversion; the capacity of the Withdrawal 
or Diversion per day and the amount Withdrawn or Diverted from 
each source; the uses made of the Water; places of use and places 
Deadline. 
Deadline. 
Deadlines. 
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122 STAT. 3748 
PUBLIC LAW 110–342—OCT. 3, 2008 
of discharge; and, such other information as the Originating Party 
may require. All registrations shall include an estimate of the 
volume of the Withdrawal or Diversion in terms of gallons per 
day average in any 30-day period. 
‘‘4. All registrants shall annually report the monthly volumes 
of the Withdrawal, Consumptive Use and Diversion in gallons to 
the Originating Party and any other information requested by the 
Originating Party. 
‘‘5. Each Party shall annually report the information gathered 
pursuant to this Section to a Great Lakes—St. Lawrence River 
Water use data base repository and aggregated information shall 
be made publicly available, consistent with the confidentiality 
requirements in Section 8.3. 
‘‘6. Information gathered by the Parties pursuant to this Section 
shall be used to improve the sources and applications of scientific 
information regarding the Waters of the Basin and the impacts 
of the Withdrawals and Diversions from various locations and Water 
sources on the Basin Ecosystem, and to better understand the 
role of groundwater in the Basin. The Council and the Parties 
shall coordinate the collection and application of scientific informa-
tion to further develop a mechanism by which individual and Cumu-
lative Impacts of Withdrawals, Consumptive Uses and Diversions 
shall be assessed. 
‘‘Section 4.2. Water Conservation and Efficiency Programs. 
‘‘1. The Council commits to identify, in cooperation with the 
Provinces, Basin-wide Water conservation and efficiency objectives 
to assist the Parties in developing their Water conservation and 
efficiency program. These objectives are based on the goals of: 
‘‘a. Ensuring improvement of the Waters and Water 
Dependent Natural Resources; 
‘‘b. Protecting and restoring the hydrologic and ecosystem 
integrity of the Basin; 
‘‘c. Retaining the quantity of surface water and ground-
water in the Basin; 
‘‘d. Ensuring sustainable use of Waters of the Basin; and, 
‘‘e. Promoting the efficiency of use and reducing losses 
and waste of Water. 
‘‘2. Within two years of the effective date of this Compact, 
each Party shall develop its own Water conservation and efficiency 
goals and objectives consistent with the Basin-wide goals and objec-
tives, and shall develop and implement a Water conservation and 
efficiency program, either voluntary or mandatory, within its juris-
diction based on the Party’s goals and objectives. Each Party shall 
annually assess its programs in meeting the Party’s goals and 
objectives, report to the Council and the Regional Body and make 
this annual assessment available to the public. 
‘‘3. Beginning five years after the effective date of this Compact, 
and every five years thereafter, the Council, in cooperation with 
the Provinces, shall review and modify as appropriate the Basin- 
wide objectives, and the Parties shall have regard for any such 
modifications in implementing their programs. This assessment 
will be based on examining new technologies, new patterns of 
Water use, new resource demands and threats, and Cumulative 
Impact assessment under Section 4.15. 
‘‘4. Within two years of the effective date of this Compact, 
the Parties commit to promote Environmentally Sound and 
Economically Feasible Water Conservation Measures such as: 
Deadline. 
Effective date. 
Deadlines. 
Reports. 
Public 
information. 
Deadline. 
Reports. 
Reports. 
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122 STAT. 3749 
PUBLIC LAW 110–342—OCT. 3, 2008 
‘‘a. Measures that promote efficient use of Water; 
‘‘b. Identification and sharing of best management practices 
and state of the art conservation and efficiency technologies; 
‘‘c. Application of sound planning principles; 
‘‘d. Demand-side and supply-side Measures or incentives; 
and, 
‘‘e. Development, transfer and application of science and 
research. 
‘‘5. Each Party shall implement in accordance with paragraph 
2 above a voluntary or mandatory Water conservation program 
for all, including existing, Basin Water users. Conservation pro-
grams need to adjust to new demands and the potential impacts 
of cumulative effects and climate. 
‘‘Section 4.3. Party Powers and Duties. 
‘‘1. Each Party, within its jurisdiction, shall manage and regu-
late New or Increased Withdrawals, Consumptive Uses and Diver-
sions, including Exceptions, in accordance with this Compact. 
‘‘2. Each Party shall require an Applicant to submit an Applica-
tion in such manner and with such accompanying information as 
the Party shall prescribe. 
‘‘3. No Party may approve a Proposal if the Party determines 
that the Proposal is inconsistent with this Compact or the Standard 
of Review and Decision or any implementing rules or regulations 
promulgated thereunder. The Party may approve, approve with 
modifications or disapprove any Proposal depending on the Pro-
posal’s consistency with this Compact and the Standard of Review 
and Decision. 
‘‘4. Each Party shall monitor the implementation of any 
approved Proposal to ensure consistency with the approval and 
may take all necessary enforcement actions. 
‘‘5. No Party shall approve a Proposal subject to Council or 
Regional Review, or both, pursuant to this Compact unless it shall 
have been first submitted to and reviewed by either the Council 
or Regional Body, or both, and approved by the Council, as 
applicable. Sufficient opportunity shall be provided for comment 
on the Proposal’s consistency with this Compact and the Standard 
of Review and Decision. All such comments shall become part 
of the Party’s formal record of decision, and the Party shall take 
into consideration any such comments received. 
‘‘Section 4.4. Requirement for Originating Party Approval. 
‘‘No Proposal subject to management and regulation under 
this Compact shall hereafter be undertaken by any Person unless 
it shall have been approved by the Originating Party. 
‘‘Section 4.5. Regional Review. 
‘‘1. General. 
‘‘a. It is the intention of the Parties to participate in 
Regional Review of Proposals with the Provinces, as described 
in this Compact and the Agreement. 
‘‘b. Unless the Applicant or the Originating Party otherwise 
requests, it shall be the goal of the Regional Body to conclude 
its review no later than 90 days after notice under Section 
4.5.2 of such Proposal is received from the Originating Party. 
‘‘c. Proposals for Exceptions subject to Regional Review 
shall be submitted by the Originating Party to the Regional 
Body for Regional Review, and where applicable, to the Council 
for concurrent review. 
Deadline. 
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122 STAT. 3750 
PUBLIC LAW 110–342—OCT. 3, 2008 
‘‘d. The Parties agree that the protection of the integrity 
of the Great Lakes—St. Lawrence River Basin Ecosystem shall 
be the overarching principle for reviewing Proposals subject 
to Regional Review, recognizing uncertainties with respect to 
demands that may be placed on Basin Water, including ground-
water, levels and flows of the Great Lakes and the St. Lawrence 
River, future changes in environmental conditions, the reli-
ability of existing data and the extent to which Diversions 
may harm the integrity of the Basin Ecosystem. 
‘‘e. The Originating Party shall have lead responsibility 
for coordinating information for resolution of issues related 
to evaluation of a Proposal, and shall consult with the Applicant 
throughout the Regional Review Process. 
‘‘f. A majority of the members of the Regional Body may 
request Regional Review of a regionally significant or poten-
tially precedent setting Proposal. Such Regional Review must 
be conducted, to the extent possible, within the time frames 
set forth in this Section. Any such Regional Review shall be 
undertaken only after consulting the Applicant. 
‘‘2. Notice from Originating Party to the Regional Body. 
‘‘a. The Originating Party shall determine if a Proposal 
is subject to Regional Review. If so, the Originating Party 
shall provide timely notice to the Regional Body and the public. 
‘‘b. Such notice shall not be given unless and until all 
information, documents and the Originating Party’s Technical 
Review needed to evaluate whether the Proposal meets the 
Standard of Review and Decision have been provided. 
‘‘c. An Originating Party may: 
‘‘i. Provide notice to the Regional Body of an Applica-
tion, even if notification is not required; or, 
‘‘ii. Request Regional Review of an application, even 
if Regional Review is not required. Any such Regional 
Review shall be undertaken only after consulting the 
Applicant. 
‘‘d. An Originating Party may provide preliminary notice 
of a potential Proposal. 
‘‘3. Public Participation. 
‘‘a. To ensure adequate public participation, the Regional 
Body shall adopt procedures for the review of Proposals that 
are subject to Regional Review in accordance with this Article. 
‘‘b. The Regional Body shall provide notice to the public 
of a Proposal undergoing Regional Review. Such notice shall 
indicate that the public has an opportunity to comment in 
writing to the Regional Body on whether the Proposal meets 
the Standard of Review and Decision. 
‘‘c. The Regional Body shall hold a public meeting in the 
State or Province of the Originating Party in order to receive 
public comment on the issue of whether the Proposal under 
consideration meets the Standard of Review and Decision. 
‘‘d. The Regional Body shall consider the comments received 
before issuing a Declaration of Finding. 
‘‘e. The Regional Body shall forward the comments it 
receives to the Originating Party. 
‘‘4. Technical Review. 
‘‘a. The Originating Party shall provide the Regional Body 
with its Technical Review of the Proposal under consideration. 
Public meetings. 
Notification. 
Notification. 
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122 STAT. 3751 
PUBLIC LAW 110–342—OCT. 3, 2008 
‘‘b. The Originating Party’s Technical Review shall thor-
oughly analyze the Proposal and provide an evaluation of the 
Proposal sufficient for a determination of whether the Proposal 
meets the Standard of Review and Decision. 
‘‘c. Any member of the Regional Body may conduct their 
own Technical Review of any Proposal subject to Regional 
Review. 
‘‘d. At the request of the majority of its members, the 
Regional Body shall make such arrangements as it considers 
appropriate for an independent Technical Review of a Proposal. 
‘‘e. All Parties shall exercise their best efforts to ensure 
that a Technical Review undertaken under Sections 4.5.4.c 
and 4.5.4.d does not unnecessarily delay the decision by the 
Originating Party on the Application. Unless the Applicant 
or the Originating Party otherwise requests, all Technical 
Reviews shall be completed no later than 60 days after the 
date the notice of the Proposal was given to the Regional 
Body. 
‘‘5. Declaration of Finding. 
‘‘a. The Regional Body shall meet to consider a Proposal. 
The Applicant shall be provided with an opportunity to present 
the Proposal to the Regional Body at such time. 
‘‘b. The Regional Body, having considered the notice, the 
Originating Party’s Technical Review, any other independent 
Technical Review that is made, any comments or objections 
including the analysis of comments made by the public, First 
Nations and federally recognized Tribes, and any other informa-
tion that is provided under this Compact shall issue a Declara-
tion of Finding that the Proposal under consideration: 
‘‘i. Meets the Standard of Review and Decision; 
‘‘ii. Does not meet the Standard of Review and Decision; 
or, 
‘‘iii. Would meet the Standard of Review and Decision 
if certain conditions were met. 
‘‘c. An Originating Party may decline to participate in 
a Declaration of Finding made by the Regional Body. 
‘‘d. The Parties recognize and affirm that it is preferable 
for all members of the Regional Body to agree whether the 
Proposal meets the Standard of Review and Decision. 
‘‘e. If the members of the Regional Body who participate 
in the Declaration of Finding all agree, they shall issue a 
written Declaration of Finding with consensus. 
‘‘f. In the event that the members cannot agree, the 
Regional Body shall make every reasonable effort to achieve 
consensus within 25 days. 
‘‘g. Should consensus not be achieved, the Regional Body 
may issue a Declaration of Finding that presents different 
points of view and indicates each Party’s conclusions. 
‘‘h. The Regional Body shall release the Declarations of 
Finding to the public. 
‘‘i. The Originating Party and the Council shall consider 
the Declaration of Finding before making a decision on the 
Proposal. 
‘‘Section 4.6. Proposals Subject to Prior Notice. 
‘‘1. Beginning no later than five years of the effective date 
of this Compact, the Originating Party shall provide all Parties 
Effective date. 
Deadlines. 
Deadline. 
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122 STAT. 3752 
PUBLIC LAW 110–342—OCT. 3, 2008 
and the Provinces with detailed and timely notice and an oppor-
tunity to comment within 90 days on any Proposal for a New 
or Increased Consumptive Use of 5 million gallons per day or 
greater average in any 90-day period. Comments shall address 
whether or not the Proposal is consistent with the Standard of 
Review and Decision. The Originating Party shall provide a 
response to any such comment received from another Party. 
‘‘2. A Party may provide notice, an opportunity to comment 
and a response to comments even if this is not required under 
paragraph 1 of this Section. Any provision of such notice and 
opportunity to comment shall be undertaken only after consulting 
the Applicant. 
‘‘Section 4.7. Council Actions. 
‘‘1. Proposals for Exceptions subject to Council Review shall 
be submitted by the Originating Party to the Council for Council 
Review, and where applicable, to the Regional Body for concurrent 
review. 
‘‘2. The Council shall review and take action on Proposals 
in accordance with this Compact and the Standard of Review and 
Decision. The Council shall not take action on a Proposal subject 
to Regional Review pursuant to this Compact unless the Proposal 
shall have been first submitted to and reviewed by the Regional 
Body. The Council shall consider any findings resulting from such 
review. 
‘‘Section 4.8. Prohibition of New or Increased Diversions. 
‘‘All New or Increased Diversions are prohibited, except as 
provided for in this Article. 
‘‘Section 4.9. Exceptions to the Prohibition of Diversions. 
‘‘1. Straddling Communities. A Proposal to transfer Water to 
an area within a Straddling Community but outside the Basin 
or outside the source Great Lake Watershed shall be excepted 
from the prohibition against Diversions and be managed and regu-
lated by the Originating Party provided that, regardless of the 
volume of Water transferred, all the Water so transferred shall 
be used solely for Public Water Supply Purposes within the Strad-
dling Community, and: 
‘‘a. All Water Withdrawn from the Basin shall be returned, 
either naturally or after use, to the Source Watershed less 
an allowance for Consumptive Use. No surface water or ground-
water from outside the Basin may be used to satisfy any portion 
of this criterion except if it: 
‘‘i. Is part of a water supply or wastewater treatment 
system that combines water from inside and outside of 
the Basin; 
‘‘ii. Is treated to meet applicable water quality dis-
charge standards and to prevent the introduction of 
invasive species into the Basin; 
‘‘iii. Maximizes the portion of water returned to the 
Source Watershed as Basin Water and minimizes the sur-
face water or groundwater from outside the Basin; 
‘‘b. If the Proposal results from a New or Increased With-
drawal of 100,000 gallons per day or greater average over 
any 90-day period, the Proposal shall also meet the Exception 
Standard; and, 
‘‘c. If the Proposal results in a New or Increased Consump-
tive Use of 5 million gallons per day or greater average over 
Proposals. 
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122 STAT. 3753 
PUBLIC LAW 110–342—OCT. 3, 2008 
any 90-day period, the Proposal shall also undergo Regional 
Review. 
‘‘2. Intra-Basin Transfer. A Proposal for an Intra-Basin Transfer 
that would be considered a Diversion under this Compact, and 
not already excepted pursuant to paragraph 1 of this Section, shall 
be excepted from the prohibition against Diversions, provided that: 
‘‘a. If the Proposal results from a New or Increased With-
drawal less than 100,000 gallons per day average over any 
90-day period, the Proposal shall be subject to management 
and regulation at the discretion of the Originating Party. 
‘‘b. If the Proposal results from a New or Increased With-
drawal 100,000 gallons per day or greater average over any 
90-day period and if the Consumptive Use resulting from the 
Withdrawal is less than 5 million gallons per day average 
over any 90-day period: 
‘‘i. The Proposal shall meet the Exception Standard 
and be subject to management and regulation by the Origi-
nating Party, except that the Water may be returned to 
another Great Lake watershed rather than the Source 
Watershed; 
‘‘ii. The Applicant shall demonstrate that there is no 
feasible, cost effective, and environmentally sound water 
supply alternative within the Great Lake watershed to 
which the Water will be transferred, including conservation 
of existing water supplies; and, 
‘‘iii. The Originating Party shall provide notice to the 
other Parties prior to making any decision with respect 
to the Proposal. 
‘‘c. If the Proposal results in a New or Increased Consump-
tive Use of 5 million gallons per day or greater average over 
any 90-day period: 
‘‘i. The Proposal shall be subject to management and 
regulation by the Originating Party and shall meet the 
Exception Standard, ensuring that Water Withdrawn shall 
be returned to the Source Watershed; 
‘‘ii. The Applicant shall demonstrate that there is no 
feasible, cost effective, and environmentally sound water 
supply alternative within the Great Lake watershed to 
which the Water will be transferred, including conservation 
of existing water supplies; 
‘‘iii. The Proposal undergoes Regional Review; and, 
‘‘iv. The Proposal is approved by the Council. Council 
approval shall be given unless one or more Council Mem-
bers vote to disapprove. 
‘‘3. Straddling Counties. A Proposal to transfer Water to a 
Community within a Straddling County that would be considered 
a Diversion under this Compact shall be excepted from the prohibi-
tion against Diversions, provided that it satisfies all of the following 
conditions: 
‘‘a. The Water shall be used solely for the Public Water 
Supply Purposes of the Community within a Straddling County 
that is without adequate supplies of potable water; 
‘‘b. The Proposal meets the Exception Standard, maxi-
mizing the portion of water returned to the Source Watershed 
as Basin Water and minimizing the surface water or ground-
water from outside the Basin; 
Notification. 
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122 STAT. 3754 
PUBLIC LAW 110–342—OCT. 3, 2008 
‘‘c. The Proposal shall be subject to management and regu-
lation by the Originating Party, regardless of its size; 
‘‘d. There is no reasonable water supply alternative within 
the basin in which the community is located, including con-
servation of existing water supplies; 
‘‘e. Caution shall be used in determining whether or not 
the Proposal meets the conditions for this Exception. This 
Exception should not be authorized unless it can be shown 
that it will not endanger the integrity of the Basin Ecosystem; 
‘‘f. The Proposal undergoes Regional Review; and, 
‘‘g. The Proposal is approved by the Council. Council 
approval shall be given unless one or more Council Members 
vote to disapprove. 
A Proposal must satisfy all of the conditions listed above. Further, 
substantive consideration will also be given to whether or not 
the Proposal can provide sufficient scientifically based evidence 
that the existing water supply is derived from groundwater that 
is hydrologically interconnected to Waters of the Basin. 
‘‘4. Exception Standard. Proposals subject to management and 
regulation in this Section shall be declared to meet this Exception 
Standard and may be approved as appropriate only when the fol-
lowing criteria are met: 
‘‘a. The need for all or part of the proposed Exception 
cannot be reasonably avoided through the efficient use and 
conservation of existing water supplies; 
‘‘b. The Exception will be limited to quantities that are 
considered reasonable for the purposes for which it is proposed; 
‘‘c. All Water Withdrawn shall be returned, either naturally 
or after use, to the Source Watershed less an allowance for 
Consumptive Use. No surface water or groundwater from the 
outside the Basin may be used to satisfy any portion of this 
criterion except if it: 
‘‘i. Is part of a water supply or wastewater treatment 
system that combines water from inside and outside of 
the Basin; 
‘‘ii. Is treated to meet applicable water quality dis-
charge standards and to prevent the introduction of 
invasive species into the Basin; 
‘‘d. The Exception will be implemented so as to ensure 
that it will result in no significant individual or cumulative 
adverse impacts to the quantity or quality of the Waters and 
Water Dependent Natural Resources of the Basin with consider-
ation given to the potential Cumulative Impacts of any prece-
dent-setting consequences associated with the Proposal; 
‘‘e. The Exception will be implemented so as to incorporate 
Environmentally Sound and Economically Feasible Water Con-
servation Measures to minimize Water Withdrawals or 
Consumptive Use; 
‘‘f. The Exception will be implemented so as to ensure 
that it is in compliance with all applicable municipal, State 
and federal laws as well as regional interstate and international 
agreements, including the Boundary Waters Treaty of 1909; 
and, 
‘‘g. All other applicable criteria in Section 4.9 have also 
been met. 
‘‘Section 4.10. Management and Regulation of New or 
Increased Withdrawals and Consumptive Uses. 
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122 STAT. 3755 
PUBLIC LAW 110–342—OCT. 3, 2008 
‘‘1. Within five years of the effective date of this Compact, 
each Party shall create a program for the management and regula-
tion of New or Increased Withdrawals and Consumptive Uses by 
adopting and implementing Measures consistent with the Decision- 
Making Standard. Each Party, through a considered process, shall 
set and may modify threshold levels for the regulation of New 
or Increased Withdrawals in order to assure an effective and effi-
cient Water management program that will ensure that uses overall 
are reasonable, that Withdrawals overall will not result in signifi-
cant impacts to the Waters and Water Dependent Natural Resources 
of the Basin, determined on the basis of significant impacts to 
the physical, chemical, and biological integrity of Source Water-
sheds, and that all other objectives of the Compact are achieved. 
Each Party may determine the scope and thresholds of its program, 
including which New or Increased Withdrawals and Consumptive 
Uses will be subject to the program. 
‘‘2. Any Party that fails to set threshold levels that comply 
with Section 4.10.1 any time before 10 years after the effective 
date of this Compact shall apply a threshold level for management 
and regulation of all New or Increased Withdrawals of 100,000 
gallons per day or greater average in any 90 day period. 
‘‘3. The Parties intend programs for New or Increased With-
drawals and Consumptive Uses to evolve as may be necessary 
to protect Basin Waters. Pursuant to Section 3.4, the Council, 
in cooperation with the Provinces, shall periodically assess the 
Water management programs of the Parties. Such assessments 
may produce recommendations for the strengthening of the pro-
grams, including without limitation, establishing lower thresholds 
for management and regulation in accordance with the Decision- 
Making Standard. 
‘‘Section 4.11. Decision-Making Standard. 
‘‘Proposals subject to management and regulation in Section 
4.10 shall be declared to meet this Decision-Making Standard and 
may be approved as appropriate only when the following criteria 
are met: 
‘‘1. All Water Withdrawn shall be returned, either naturally 
or after use, to the Source Watershed less an allowance for 
Consumptive Use; 
‘‘2. The Withdrawal or Consumptive Use will be imple-
mented so as to ensure that the Proposal will result in no 
significant individual or cumulative adverse impacts to the 
quantity or quality of the Waters and Water Dependent Natural 
Resources and the applicable Source Watershed; 
‘‘3. The Withdrawal or Consumptive Use will be imple-
mented so as to incorporate Environmentally Sound and 
Economically Feasible Water Conservation Measures; 
‘‘4. The Withdrawal or Consumptive Use will be imple-
mented so as to ensure that it is in compliance with all 
applicable municipal, State and federal laws as well as regional 
interstate 
and 
international 
agreements, 
including 
the 
Boundary Waters Treaty of 1909; 
‘‘5. The proposed use is reasonable, based upon a consider-
ation of the following factors: 
‘‘a. Whether the proposed Withdrawal or Consumptive 
Use is planned in a fashion that provides for efficient 
use of the water, and will avoid or minimize the waste 
of Water; 
Assessment. 
Deadline. 
Applicability. 
Deadline. 
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122 STAT. 3756 
PUBLIC LAW 110–342—OCT. 3, 2008 
‘‘b. If the Proposal is for an increased Withdrawal 
or Consumptive use, whether efficient use is made of 
existing water supplies; 
‘‘c. The balance between economic development, social 
development and environmental protection of the proposed 
Withdrawal and use and other existing or planned with-
drawals and water uses sharing the water source; 
‘‘d. The supply potential of the water source, consid-
ering quantity, quality, and reliability and safe yield of 
hydrologically interconnected water sources; 
‘‘e. The probable degree and duration of any adverse 
impacts caused or expected to be caused by the proposed 
Withdrawal and use under foreseeable conditions, to other 
lawful consumptive or non-consumptive uses of water or 
to the quantity or quality of the Waters and Water 
Dependent Natural Resources of the Basin, and the pro-
posed plans and arrangements for avoidance or mitigation 
of such impacts; and, 
‘‘f. If a Proposal includes restoration of hydrologic 
conditions and functions of the Source Watershed, the Party 
may consider that. 
‘‘Section 4.12. Applicability. 
‘‘1. Minimum Standard. This Standard of Review and Decision 
shall be used as a minimum standard. Parties may impose a more 
restrictive decision-making standard for Withdrawals under their 
authority. It is also acknowledged that although a Proposal meets 
the Standard of Review and Decision it may not be approved under 
the laws of the Originating Party that has implemented more 
restrictive Measures. 
‘‘2. Baseline. 
‘‘a. To establish a baseline for determining a New or 
Increased Diversion, Consumptive Use or Withdrawal, each 
Party shall develop either or both of the following lists for 
their jurisdiction: 
‘‘i. A list of existing Withdrawal approvals as of the 
effective date of the Compact; 
‘‘ii. A list of the capacity of existing systems as of 
the effective date of this Compact. The capacity of the 
existing systems should be presented in terms of With-
drawal capacity, treatment capacity, distribution capacity, 
or other capacity limiting factors. The capacity of the 
existing systems must represent the state of the systems. 
Existing capacity determinations shall be based upon 
approval limits or the most restrictive capacity information. 
‘‘b. For all purposes of this Compact, volumes of Diversions, 
Consumptive Uses, or Withdrawals of Water set forth in the 
list(s) prepared by each Party in accordance with this Section, 
shall constitute the baseline volume. 
‘‘c. The list(s) shall be furnished to the Regional Body 
and the Council within one year of the effective date of this 
Compact. 
‘‘3. Timing of Additional Applications. Applications for New 
or Increased Withdrawals, Consumptive Uses or Exceptions shall 
be considered cumulatively within ten years of any application. 
‘‘4. Change of Ownership. Unless a new owner proposes a 
project that shall result in a Proposal for a New or Increased 
Diversion or Consumptive Use subject to Regional Review or Council 
Records. 
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122 STAT. 3757 
PUBLIC LAW 110–342—OCT. 3, 2008 
approval, the change of ownership in and of itself shall not require 
Regional Review or Council approval. 
‘‘5. Groundwater. The Basin surface water divide shall be used 
for the purpose of managing and regulating New or Increased 
Diversions, Consumptive Uses or Withdrawals of surface water 
and groundwater. 
‘‘6. Withdrawal Systems. The total volume of surface water 
and groundwater resources that supply a common distribution 
system shall determine the volume of a Withdrawal, Consumptive 
Use or Diversion. 
‘‘7. Connecting Channels. The watershed of each Great Lake 
shall include its upstream and downstream connecting channels. 
‘‘8. Transmission in Water Lines. Transmission of Water within 
a line that extends outside the Basin as it conveys Water from 
one point to another within the Basin shall not be considered 
a Diversion if none of the Water is used outside the Basin. 
‘‘9. Hydrologic Units. The Lake Michigan and Lake Huron 
watersheds shall be considered to be a single hydrologic unit and 
watershed. 
‘‘10. Bulk Water Transfer. A Proposal to Withdraw Water and 
to remove it from the Basin in any container greater than 5.7 
gallons shall be treated under this Compact in the same manner 
as a Proposal for a Diversion. Each Party shall have the discretion, 
within its jurisdiction, to determine the treatment of Proposals 
to Withdraw Water and to remove it from the Basin in any container 
of 5.7 gallons or less. 
‘‘Section 4.13. Exemptions. 
‘‘Withdrawals from the Basin for the following purposes are 
exempt from the requirements of Article 4. 
‘‘1. To supply vehicles, including vessels and aircraft, 
whether for the needs of the persons or animals being trans-
ported or for ballast or other needs related to the operation 
of the vehicles. 
‘‘2. To use in a non-commercial project on a short-term 
basis for firefighting, humanitarian, or emergency response 
purposes. 
‘‘Section 4.14. U.S. Supreme Court Decree: Wisconsin et al. 
v. Illinois et al. 
‘‘1. Notwithstanding any terms of this Compact to the contrary, 
with the exception of Paragraph 5 of this Section, current, New 
or Increased Withdrawals, Consumptive Uses and Diversions of 
Basin Water by the State of Illinois shall be governed by the 
terms of the United States Supreme Court decree in Wisconsin 
et al. v. Illinois et al. and shall not be subject to the terms of 
this Compact nor any rules or regulations promulgated pursuant 
to this Compact. This means that, with the exception of Paragraph 
5 of this Section, for purposes of this Compact, current, New or 
Increased Withdrawals, Consumptive Uses and Diversions of Basin 
Water within the State of Illinois shall be allowed unless prohibited 
by the terms of the United States Supreme Court decree in Wis-
consin et al. v. Illinois et al. 
‘‘2. The Parties acknowledge that the United States Supreme 
Court decree in Wisconsin et al. v. Illinois et al. shall continue 
in full force and effect, that this Compact shall not modify any 
terms thereof, and that this Compact shall grant the parties no 
additional rights, obligations, remedies or defenses thereto. The 
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122 STAT. 3758 
PUBLIC LAW 110–342—OCT. 3, 2008 
Parties specifically acknowledge that this Compact shall not pro-
hibit or limit the State of Illinois in any manner from seeking 
additional Basin Water as allowed under the terms of the United 
States Supreme Court decree in Wisconsin et al. v. Illinois et 
al., any other party from objecting to any request by the State 
of Illinois for additional Basin Water under the terms of said 
decree, or any party from seeking any other type of modification 
to said decree. If an application is made by any party to the 
Supreme Court of the United States to modify said decree, the 
Parties to this Compact who are also parties to the decree shall 
seek formal input from the Canadian Provinces of Ontario and 
Que
´bec, with respect to the proposed modification, use best efforts 
to facilitate the appropriate participation of said Provinces in the 
proceedings to modify the decree, and shall not unreasonably 
impede or restrict such participation. 
‘‘3. With the exception of Paragraph 5 of this Section, because 
current, New or Increased Withdrawals, Consumptive Uses and 
Diversions of Basin Water by the State of Illinois are not subject 
to the terms of this Compact, the State of Illinois is prohibited 
from using any term of this Compact, including Section 4.9, to 
seek New or Increased Withdrawals, Consumptive Uses or Diver-
sions of Basin Water. 
‘‘4. With the exception of Paragraph 5 of this Section, because 
Sections 4.3, 4.4, 4.5, 4.6, 4.7, 4.8, 4.9, 4.10, 4.11, 4.12 (Paragraphs 
1, 2, 3, 4, 6 and 10 only), and 4.13 of this Compact all relate 
to current, New or Increased Withdrawals, Consumptive Uses and 
Diversions of Basin Waters, said provisions do not apply to the 
State of Illinois. All other provisions of this Compact not listed 
in the preceding sentence shall apply to the State of Illinois, 
including the Water Conservation Programs provision of Section 
4.2. 
‘‘5. In the event of a Proposal for a Diversion of Basin Water 
for use outside the territorial boundaries of the Parties to this 
Compact, decisions by the State of Illinois regarding such a Proposal 
would be subject to all terms of this Compact, except Paragraphs 
1, 3 and 4 of this Section. 
‘‘6. For purposes of the State of Illinois’ participation in this 
Compact, the entirety of this Section 4.14 is necessary for the 
continued implementation of this Compact and, if severed, this 
Compact shall no longer be binding on or enforceable by or against 
the State of Illinois. 
‘‘Section 4.15. Assessment of Cumulative Impacts. 
‘‘1. The Parties in cooperation with the Provinces shall collec-
tively conduct within the Basin, on a Lake watershed and St. 
Lawrence River Basin basis, a periodic assessment of the Cumu-
lative Impacts of Withdrawals, Diversions and Consumptive Uses 
from the Waters of the Basin, every 5 years or each time the 
incremental Basin Water losses reach 50 million gallons per day 
average in any 90-day period in excess of the quantity at the 
time of the most recent assessment, whichever comes first, or at 
the request of one or more of the Parties. The assessment shall 
form the basis for a review of the Standard of Review and Decision, 
Council and Party regulations and their application. This assess-
ment shall: 
‘‘a. Utilize the most current and appropriate guidelines 
for such a review, which may include but not be limited to 
Deadlines. 
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122 STAT. 3759 
PUBLIC LAW 110–342—OCT. 3, 2008 
Council on Environmental Quality and Environment Canada 
guidelines; 
‘‘b. Give substantive consideration to climate change or 
other significant threats to Basin Waters and take into account 
the current state of scientific knowledge, or uncertainty, and 
appropriate Measures to exercise caution in cases of uncertainty 
if serious damage may result; 
‘‘c. 
Consider 
adaptive 
management 
principles 
and 
approaches, recognizing, considering and providing adjustments 
for the uncertainties in, and evolution of science concerning 
the Basin’s water resources, watersheds and ecosystems, 
including potential changes to Basin-wide processes, such as 
lake level cycles and climate. 
‘‘2. The Parties have the responsibility of conducting this Cumu-
lative Impact assessment. Applicants are not required to participate 
in this assessment. 
‘‘3. Unless required by other statutes, Applicants are not 
required to conduct a separate cumulative impact assessment in 
connection with an Application but shall submit information about 
the potential impacts of a Proposal to the quantity or quality 
of the Waters and Water Dependent Natural Resources of the 
applicable Source Watershed. An Applicant may, however, provide 
an analysis of how their Proposal meets the no significant adverse 
Cumulative Impact provision of the Standard of Review and Deci-
sion. 
‘‘ARTICLE 5 
‘‘TRIBAL CONSULTATION 
‘‘Section 5.1. Consultation with Tribes. 
‘‘1. In addition to all other opportunities to comment pursuant 
to Section 6.2, appropriate consultations shall occur with federally 
recognized Tribes in the Originating Party for all Proposals subject 
to Council or Regional Review pursuant to this Compact. Such 
consultations shall be organized in the manner suitable to the 
individual Proposal and the laws and policies of the Originating 
Party. 
‘‘2. All federally recognized Tribes within the Basin shall receive 
reasonable notice indicating that they have an opportunity to com-
ment in writing to the Council or the Regional Body, or both, 
and other relevant organizations on whether the Proposal meets 
the requirements of the Standard of Review and Decision when 
a Proposal is subject to Regional Review or Council approval. Any 
notice from the Council shall inform the Tribes of any meeting 
or hearing that is to be held under Section 6.2 and invite them 
to attend. The Parties and the Council shall consider the comments 
received under this Section before approving, approving with modi-
fications or disapproving any Proposal subject to Council or Regional 
Review. 
‘‘3. In addition to the specific consultation mechanisms 
described above, the Council shall seek to establish mutually-agreed 
upon mechanisms or processes to facilitate dialogue with, and input 
from federally recognized Tribes on matters to be dealt with by 
the Council; and, the Council shall seek to establish mechanisms 
Notification. 
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122 STAT. 3760 
PUBLIC LAW 110–342—OCT. 3, 2008 
and processes with federally recognized Tribes designed to facilitate 
on-going scientific and technical interaction and data exchange 
regarding matters falling within the scope of this Compact. This 
may include participation of tribal representatives on advisory 
committees established under this Compact or such other processes 
that are mutually-agreed upon with federally recognized Tribes 
individually or through duly-authorized intertribal agencies or 
bodies. 
‘‘ARTICLE 6 
‘‘PUBLIC PARTICIPATION 
‘‘Section 6.1. Meetings, Public Hearings and Records. 
‘‘1. The Parties recognize the importance and necessity of public 
participation in promoting management of the Water Resources 
of the Basin. Consequently, all meetings of the Council shall be 
open to the public, except with respect to issues of personnel. 
‘‘2. The minutes of the Council shall be a public record open 
to inspection at its offices during regular business hours. 
‘‘Section 6.2. Public Participation. 
‘‘It is the intent of the Council to conduct public participation 
processes concurrently and jointly with processes undertaken by 
the Parties and through Regional Review. To ensure adequate public 
participation, each Party or the Council shall ensure procedures 
for the review of Proposals subject to the Standard of Review 
and Decision consistent with the following requirements: 
‘‘1. Provide public notification of receipt of all Applications 
and a reasonable opportunity for the public to submit comments 
before Applications are acted upon. 
‘‘2. Assure public accessibility to all documents relevant 
to an Application, including public comment received. 
‘‘3. Provide guidance on standards for determining whether 
to conduct a public meeting or hearing for an Application, 
time and place of such a meeting(s) or hearing(s), and proce-
dures for conducting of the same. 
‘‘4. Provide the record of decision for public inspection 
including comments, objections, responses and approvals, 
approvals with conditions and disapprovals. 
‘‘ARTICLE 7 
‘‘DISPUTE RESOLUTION AND ENFORCEMENT 
‘‘Section 7.1. Good Faith Implementation. 
‘‘Each of the Parties pledges to support implementation of all 
provisions of this Compact, and covenants that its officers and 
agencies shall not hinder, impair, or prevent any other Party car-
rying out any provision of this Compact. 
‘‘Section 7.2. Alternative Dispute Resolution. 
‘‘1. Desiring that this Compact be carried out in full, the Parties 
agree that disputes between the Parties regarding interpretation, 
application and implementation of this Compact shall be settled 
by alternative dispute resolution. 
Records. 
Guidance. 
Notification. 
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122 STAT. 3761 
PUBLIC LAW 110–342—OCT. 3, 2008 
‘‘2. The Council, in consultation with the Provinces, shall pro-
vide by rule procedures for the resolution of disputes pursuant 
to this section. 
‘‘Section 7.3. Enforcement. 
‘‘1. Any Person aggrieved by any action taken by the Council 
pursuant to the authorities contained in this Compact shall be 
entitled to a hearing before the Council. Any Person aggrieved 
by a Party action shall be entitled to a hearing pursuant to the 
relevant Party’s administrative procedures and laws. After exhaus-
tion of such administrative remedies, (i) any aggrieved Person shall 
have the right to judicial review of a Council action in the United 
States District Courts for the District of Columbia or the District 
Court in which the Council maintains offices, provided such action 
is commenced within 90 days; and, (ii) any aggrieved Person shall 
have the right to judicial review of a Party’s action in the relevant 
Party’s court of competent jurisdiction, provided that an action 
or proceeding for such review is commenced within the time frames 
provided for by the Party’s law. For the purposes of this paragraph, 
a State or Province is deemed to be an aggrieved Person with 
respect to any Party action pursuant to this Compact. 
‘‘2. a. Any Party or the Council may initiate actions to compel 
compliance with the provisions of this Compact, and the rules 
and regulations promulgated hereunder by the Council. Jurisdiction 
over such actions is granted to the court of the relevant Party, 
as well as the United States District Courts for the District of 
Columbia and the District Court in which the Council maintains 
offices. The remedies available to any such court shall include, 
but not be limited to, equitable relief and civil penalties. 
‘‘b. Each Party may issue orders within its respective jurisdic-
tion and may initiate actions to compel compliance with the provi-
sions of its respective statutes and regulations adopted to implement 
the authorities contemplated by this Compact in accordance with 
the provisions of the laws adopted in each Party’s jurisdiction. 
‘‘3. Any aggrieved Person, Party or the Council may commence 
a civil action in the relevant Party’s courts and administrative 
systems to compel any Person to comply with this Compact should 
any such Person, without approval having been given, undertake 
a New or Increased Withdrawal, Consumptive Use or Diversion 
that is prohibited or subject to approval pursuant to this Compact. 
‘‘a. No action under this subsection may be commenced 
if: 
‘‘i. The Originating Party or Council approval for the 
New or Increased Withdrawal, Consumptive Use or Diver-
sion has been granted; or, 
‘‘ii. The Originating Party or Council has found that 
the New or Increased Withdrawal, Consumptive Use or 
Diversion is not subject to approval pursuant to this Com-
pact. 
‘‘b. No action under this subsection may be commenced 
unless: 
‘‘i. A Person commencing such action has first given 
60 days prior notice to the Originating Party, the Council 
and Person alleged to be in noncompliance; and, 
‘‘ii. Neither the Originating Party nor the Council has 
commenced and is diligently prosecuting appropriate 
enforcement actions to compel compliance with this Com-
pact. 
Deadline. 
Notification. 
Deadlines. 
Procedures. 
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122 STAT. 3762 
PUBLIC LAW 110–342—OCT. 3, 2008 
The available remedies shall include equitable relief, and the 
prevailing or substantially prevailing party may recover the 
costs of litigation, including reasonable attorney and expert 
witness fees, whenever the court determines that such an award 
is appropriate. 
‘‘4. Each of the Parties may adopt provisions providing addi-
tional enforcement mechanisms and remedies including equitable 
relief and civil penalties applicable within its jurisdiction to assist 
in the implementation of this Compact. 
‘‘ARTICLE 8 
‘‘ADDITIONAL PROVISIONS 
‘‘Section 8.1. Effect on Existing Rights. 
‘‘1. Nothing in this Compact shall be construed to affect, limit, 
diminish or impair any rights validly established and existing as 
of the effective date of this Compact under State or federal law 
governing the Withdrawal of Waters of the Basin. 
‘‘2. Nothing contained in this Compact shall be construed as 
affecting or intending to affect or in any way to interfere with 
the law of the respective Parties relating to common law Water 
rights. 
‘‘3. Nothing in this Compact is intended to abrogate or derogate 
from treaty rights or rights held by any Tribe recognized by the 
federal government of the United States based upon its status 
as a Tribe recognized by the federal government of the United 
States. 
‘‘4. An approval by a Party or the Council under this Compact 
does not give any property rights, nor any exclusive privileges, 
nor shall it be construed to grant or confer any right, title, easement, 
or interest in, to or over any land belonging to or held in trust 
by a Party; neither does it authorize any injury to private property 
or invasion of private rights, nor infringement of federal, State 
or local laws or regulations; nor does it obviate the necessity of 
obtaining federal assent when necessary. 
‘‘Section 8.2. Relationship to Agreements Concluded by the 
United States of America. 
‘‘1. Nothing in this Compact is intended to provide nor shall 
be construed to provide, directly or indirectly, to any Person any 
right, claim or remedy under any treaty or international agreement 
nor is it intended to derogate any right, claim, or remedy that 
already exists under any treaty or international agreement. 
‘‘2. Nothing in this Compact is intended to infringe nor shall 
be construed to infringe upon the treaty power of the United States 
of America, nor shall any term hereof be construed to alter or 
amend any treaty or term thereof that has been or may hereafter 
be executed by the United States of America. 
‘‘3. Nothing in this Compact is intended to affect nor shall 
be construed to affect the application of the Boundary Waters 
Treaty of 1909 whose requirements continue to apply in addition 
to the requirements of this Compact. 
‘‘Section 8.3. Confidentiality. 
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122 STAT. 3763 
PUBLIC LAW 110–342—OCT. 3, 2008 
‘‘1. Nothing in this Compact requires a Party to breach confiden-
tiality obligations or requirements prohibiting disclosure, or to com-
promise security of commercially sensitive or proprietary informa-
tion. 
‘‘2. A Party may take measures, including but not limited 
to deletion and redaction, deemed necessary to protect any confiden-
tial, proprietary or commercially sensitive information when distrib-
uting information to other Parties. The Party shall summarize 
or paraphrase any such information in a manner sufficient for 
the Council to exercise its authorities contained in this Compact. 
‘‘Section 8.4. Additional Laws. 
‘‘Nothing in this Compact shall be construed to repeal, modify 
or qualify the authority of any Party to enact any legislation or 
enforce any additional conditions and restrictions regarding the 
management and regulation of Waters within its jurisdiction. 
‘‘Section 8.5. Amendments and Supplements. 
‘‘The provisions of this Compact shall remain in full force 
and effect until amended by action of the governing bodies of 
the Parties and consented to and approved by any other necessary 
authority in the same manner as this Compact is required to 
be ratified to become effective. 
‘‘Section 8.6. Severability. 
‘‘Should a court of competent jurisdiction hold any part of 
this Compact to be void or unenforceable, it shall be considered 
severable from those portions of the Compact capable of continued 
implementation in the absence of the voided provisions. All other 
provisions capable of continued implementation shall continue in 
full force and effect. 
‘‘Section 8.7. Duration of Compact and Termination. 
‘‘Once effective, the Compact shall continue in force and remain 
binding upon each and every Party unless terminated. 
This Compact may be terminated at any time by a majority vote 
of the Parties. In the event of such termination, all rights estab-
lished under it shall continue unimpaired. 
‘‘ARTICLE 9 
‘‘EFFECTUATION 
‘‘Section 9.1. Repealer. 
‘‘All acts and parts of acts inconsistent with this act are to 
the extent of such inconsistency hereby repealed. 
‘‘Section 9.2. Effectuation by Chief Executive. 
‘‘The Governor is authorized to take such action as may be 
necessary and proper in his or her discretion to effectuate the 
Compact and the initial organization and operation thereunder. 
‘‘Section 9.3. Entire Agreement. 
‘‘The Parties consider this Compact to be complete and an 
integral whole. Each provision of this Compact is considered mate-
rial to the entire Compact, and failure to implement or adhere 
to any provision may be considered a material breach. Unless 
otherwise noted in this Compact, any change or amendment made 
to the Compact by any Party in its implementing legislation or 
by the U.S. Congress when giving its consent to this Compact 
is not considered effective unless concurred in by all Parties. 
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122 STAT. 3764 
PUBLIC LAW 110–342—OCT. 3, 2008 
LEGISLATIVE HISTORY—S.J. Res. 45 (H.R. 6577): 
CONGRESSIONAL RECORD, Vol. 154 (2008): 
Aug. 1, considered and passed Senate. 
Sept. 22, 23, considered and passed House. 
‘‘Section 9.4. Effective Date and Execution. 
‘‘This Compact shall become binding and effective when ratified 
through concurring legislation by the states of Illinois, Indiana, 
Michigan, Minnesota, New York, Ohio and Wisconsin and the 
Commonwealth of Pennsylvania and consented to by the Congress 
of the United States. This Compact shall be signed and sealed 
in nine identical original copies by the respective chief executives 
of the signatory Parties. One such copy shall be filed with the 
Secretary of State of each of the signatory Parties or in accordance 
with the laws of the state in which the filing is made, and one 
copy shall be filed and retained in the archives of the Council 
upon its organization. The signatures shall be affixed and attested 
under the following form: 
‘‘In Witness Whereof, and in evidence of the adoption and 
enactment into law of this Compact by the legislatures of the 
signatory parties and consent by the Congress of the United States, 
the respective Governors do hereby, in accordance with the 
authority conferred by law, sign this Compact in nine duplicate 
original copies, attested by the respective Secretaries of State, and 
have caused the seals of the respective states to be hereunto affixed 
this llll day of (month), (year).’’: Now, therefore, be it 
Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled, That— 
(1) Congress consents to and approves the interstate com-
pact regarding water resources in the Great Lakes—St. Law-
rence River Basin described in the preamble; 
(2) until a Great Lakes Water Compact is ratified and 
enforceable, laws in effect as of the date of enactment of this 
resolution provide protection sufficient to prevent Great Lakes 
water diversions; and 
(3) Congress expressly reserves the right to alter, amend, 
or repeal this resolution. 
Approved October 3, 2008. 
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