Alabama-Coosa-Tallapoosa River Basin Compact
PL 105-105 (H.J.Res.92), enacted 11/20/1997

PUBLIC LAW 105-105—NOV. 20, 1997 
111 STAT. 2233 
Public Law 105-105 
105th Congress 
Joint Resolution 
Granting the consent of Congress to the Alabama-Coosa-Tallapoosa River Basin 
Compact. 
Resolved by the Senate and House of Representatives 
of the 
United States of America in Congress assembled, 
SECTION 1. CONGRESSIONAL CONSENT. 
The Congress consents to the Alabama-Coosa-Tallapoosa River 
Basin Compact entered into by the States of Alabama and Georgia. 
The compact is substantially as follows: 
**Alaba]na-Coosa-Tallapoosa River Basin Compact 
'The States of Alabama and Georgia and the United States 
of America hereby agree to the following compact which shall 
become effective upon enactment of concurrent legislation by each 
respective state legislature and the Congress of the United States 
"SHORT TITLE 
"This Act shall be known and may be cited as the 'Alabama-
Coosa-Tallapoosa River Basin Compact' and shall be referred to 
hereafter in this document as the 'ACT Compact' or 'Compact'. 
"ARTICLE I 
"COMPACT PURPOSES 
'This Compact among the States of Alabama and Georgia and 
the United States of America has been entered into for the purposes 
of promoting interstate comity, removing causes of present and 
future controversies, equitably apportioning the surface waters of 
the ACT, engaging in water planning, and developing and sharing 
common data bases. 
"ARTICLE II 
Nov. 20, 1997 
[H.J. Res. 92] 
Alabama. 
Georgia. 
Alabama-Coosa-
Tallapoosa River 
Basin Compact. 
"SCOPE OF THE COMPACT 
'This Compact shall extend to £dl of the waters arising within 
the drainage basin of the ACT in the states of Alabsima and Georgia. 
I l l STAT. 2234 
PUBLIC LAW 105-105—NOV. 20, 1997 
"ARTICLE III 
"PARTIES 
"The parties to this Compact are the states of Alabama and 
Georgia and the United States of America. 
"ARTICLE IV 
"DEFINITIONS 
"For the purposes of this Compact, the following words, phrases 
and terms shall have the following meanings: 
"(a) ACT Basin' or 'ACT' means the area of natural drainage 
into the Alabama River and its tributaries, the Coosa River and 
its tributaries, and the Tallapoosa River and its tributaries. Any 
reference to the rivers within this Compact will be designated 
using the letters ACT' and when so referenced will mean each 
of these three rivers and each of the tributaries to each such 
river. 
"(b) 'Allocation formula' means the methodology, in whatever 
form, by which the ACT Basin Commission determines an equitable 
apportionment of surface waters within the ACT Basin among 
the two states. Such formula may be represented by a table, chart, 
mathematical calculation or any other expression of the Commis-
sion's apportionment of waters pursuant to this compact. 
"(c) 'Commission' or ACT Basin Commission' means the 
Alabama-Coosa-Tallapoosa River Basin Commission created and 
established pursuant to this Compact. 
"(d) 'Ground waters' means waters within a saturated zone 
or stratum beneath the surface of land, whether or not flowing 
through known and definite channels. 
"(e) 'Person' means any individual, firm, association, organiza-
tion, partnership, business, trust, corporation, public corporation, 
company, the United States of America, any state, and all political 
subdivisions, regions, districts, municipalities, and public agencies 
thereof 
"(f) 'Surface waters' means waters upon the surface of the 
earth, whether contained in bounds created naturally 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 Govern-
ment 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, retention, control or 
regulation of waters within the ACT Basin for any purpose. 
"(i) 'Water resources,' or 'waters' means all surface waters and 
ground waters contained or otherwise originating within the ACT 
Basin. 
^
" x-^af'j 
isreWtfs? 
J. 
PUBLIC LAW 105-105—NOV. 20, 1997 
111 STAT. 2235 
"ARTICLE V 
"CONDITIONS PRECEDENT TO LEGAL VIABILITY OF THE 
COMPACT 
"This Compact shall not be binding on any party until it has 
been enacted into law by the legislatures of the States of Alabama 
and Georgia and by the Congress of the United States of America. 
"ARTICLE VI 
"ACT BASIN COMMISSION CREATED 
"(a) There is hereby created an interstate administrative agency 
to be known as the ACT Basin Commission.' The Commission 
shall be comprised of one member representing the State of Ala-
bama, 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 member shall be known as 'Federal Commissioner.' 
The ACT Basin Commission is a body politic and corporate, with 
succession for the duration of this Compact. 
"(b) The Governor of each of the States shall serve as the 
State Commissioner for his or her State. Each State Commissioner 
shall appoint one or more alternate members and one of such 
alternates as designated by the State Commissioner shall serve 
in the State Commissioner's place and carry out the functions 
of the State Commissioner, including voting on Commission matters, 
in the event the State Commissioner is unable to attend a meeting 
of the Commission. The alternate members from each State shall 
be knowledgeable in the field of water resources management. 
Unless otherwise provided by law of the State for which an alternate 
State Commissioner is appointed, each alternate State Commis-
sioner 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 President. 
the Federal Commissioner who shall serve as the representative 
of all Federal agencies with an interest in the ACT. The President 
shall also appoint an alternate 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 possess all 
of the powers of the Federal Commissioner. The Federal Commis-
sioner and alternate appointed by the President shall serve until 
they resign or their replacements are appointed. 
"(d) Each state shall have one vote on the ACT Basin Commis-
sion and the Commission shall make all decisions and exercise 
all powers by unanimous vote of the two State Commissioners. 
The Federal Commissioner shall not have a vote but shall attend 
and participate in all meetings of the ACT Basin Commission 
to the same extent as the State Commissioners. 
"(e) The ACT Basin Commission shall meet at least once a 
year at a date set at its initial meeting. Such initial meeting 
shall take place within ninety days of the ratification 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 
I l l STAT. 2236 
PUBLIC LAW 105-105—NOV. 20, 1997 
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 annually among the voting members of the Commission 
on an alphabetical basis, with the first chairman to be the State 
Commissioner representing the State of Alabama. 
"(f) All meetings of the Commission shall be open to the public. 
"(g) The ACT Basin Commission, so long as the exercise 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 necessary to accomplish 
the purposes of this Compact; 
"(4) to receive funds fi-om any lawful source and expend funds 
for any lawful purpose; 
Contracts. 
"(5) to enter into agreements or contracts, where appropriate, 
in order to accomplish the purposes of this Compact; 
"(6) to create committees and delegate responsibilities; 
"(7) to plan, coordinate, monitor, and make recommendations 
for the water resources of the ACT Basin for the purposes of, 
but not limited to, minimizing adverse impacts of floods and 
droughts and improving water quality, water supply, and conserva-
tion as may be deemed necessary by the Commission; 
"(8) to participate with other governmental and non-govern-
mental entities in carrying out the purposes of this Compact; 
"(9) to conduct studies, to generate information regarding the 
water resources of the ACT Basin, and to share this information 
among the Commission members and with others; 
"(10) to cooperate with appropriate state, federal, and local 
agencies or any other person in the development, ownership, 
sponsorship, and operation of water resource facilities in the ACT 
Basin; provided, however, that the Commission shall not own or 
operate a federally-owned water resource facility unless authorized 
by the United States Congress; 
"(11) to acquire, receive, hold and convey such personal and 
real property as may be necessary for the performance of its duties 
under the Compact; provided, however, that nothing in this Compact 
shall be construed as granting the ACT Basin Commission authority 
to issue bonds or to exercise any right of eminent domain or power 
of condemnation; 
"(12) to establish and modify an allocation formula for appor-
tioning the surface waters of the ACT Basin among the states 
of Alabama and Georgia; and 
"(13) to perform all functions required of it by this Compact 
and to do all things necessary, proper or convenient in the perform-
ance of its duties hereunder, either independently or in cooperation 
with any state or the United States. 
PUBLIC LAW 105-105—NOV. 20, 1997 
111 STAT. 2237 
"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 ACT Basin among the states while protecting the water 
quality, ecology and biodiversity of the ACT, 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 purpose, all members of 
the ACT Basin Commission, including the Federal Commissioner, 
shall have full rights to notice of and participation in all meetings 
of the ACT Basin Commission and technical committees in which 
the basis and terms and conditions of the allocation formula are 
to be discussed or negotiated. When an allocation formula is unani-
mously approved by the State Commissioners, there shall be an 
agreement among the states regarding an allocation formula. The 
allocation formula thus agreed upon shall become effective and 
binding upon the parties to this Compact upon receipt by the 
Commission of a letter of concurrence with said formula from the 
Federal Commissioner. If, however, the Federal Commissioner fails 
to submit a letter of concurrence to the Commission within two 
hundred ten (210) days after the allocation formula is agreed upon 
by the State Commissioners, the Federal Commissioner shall within 
forty-five (45) days thereafter submit to the ACT Basin Commission 
a letter of nonconcurrence with the allocation formula setting forth 
therein specifically and in detail the reasons for nonconcurrence; 
provided, however, the reasons for nonconcurrence as contained 
in the letter of nonconcurrence shall be based solely upon federal 
law. The allocation formula shall also become effective and binding 
upon the parties to this Compact if the Federal Commissioner 
fails to submit to the ACT Basin Commission a letter of nonconcur-
rence in accord£uice with this Article. Once adopted pursuant to 
this Article, the allocation formula may only be modified by unani-
mous decision of the State Commissioners and the concurrence 
by the Federal Commissioner in accordance with the procedures 
set forth in this Article. 
"(b) The parties to this Compact recognize that the United 
States operates certain projects within the ACT Basin that may 
influence the water resources within the ACT Basin. The parties 
to this Compact further acknowledge and recognize that various 
agencies of the United States have responsibilities for administering 
certain federal laws and exercising certain federal powers that 
may influence the water resources within the ACT Basin. It is 
the intent of the parties to this Compact, including the United 
States, to achieve compliance with the allocation formula adopted 
in accordance with this Article. Accordingly, once an allocation 
formula is adopted, each and every officer, agency, and instrumen-
tality of the United States shall have an obligation and duty, 
to the maximum extent practicable, to exercise their powers, author-
ity, and discretion in a manner consistent with the allocation for-
mula so long as the exercise of such powers, authority, and discre-
tion is not in conflict with federal law. 
I l l STAT. 2238 
PUBLIC LAW 105-105—NOV. 20, 1997 
"(c) Between the effective date of this Compact and the approval 
of the allocation formula under this Article, the signatories to 
this Compact agree that any person who is withdrawing, diverting, 
or consuming water resources of the ACT Basin as of the effective 
date of this Compact, may continue to withdraw, divert or consume 
such water resources in accordance with the laws of the state 
where such person resides or does business and in accordance 
with applicable federal laws. The parties to this Compact farther 
agree that any such person may increase the amount of water 
resources withdrawn, diverted or consumed to satisfy reasonable 
increases in the demand of such person for water between the 
effective date of this Compact and the date on which an allocation 
formula is approved by the ACT Basin Commission as permitted 
by applicable law. Each of the state parties to this Compact further 
agree to provide written notice to each of the other parties to 
this Compact in the event any person increases the withdrawal, 
diversion or consumption of such water resources by more than 
10 million gallons per day on an average annual daily basis, or 
in the event any person, who was not withdrawing, diverting or 
consuming any water resources from the ACT Basin as of the 
effective date of this Compact, seeks to withdraw, divert or consume 
more than one million gallons per day on an average annual daily 
basis from such resources. This Article shall not be construed as 
granting any permanent, vested or perpetual rights to the amounts 
of water used between January 3, 1992 and the date on which 
the Commission adopts an allocation formula. 
"(d) As the owner, operator, licensor, permitting authority or 
regulator of a water resource facility under its jurisdiction, each 
state shall be responsible for using its best efforts to achieve compli-
ance with the allocation formula adopted pursuant to this Article. 
Each such state agrees to take such actions as may be necessary 
to achieve compliance with the allocation formula. 
"(e) This Compact shall not commit any state to agree to 
any data generated by any study or commit any state to any 
allocation formula not acceptable to such state. 
"ARTICLE VIII 
"CONDITIONS RESULTING IN TERMINATION OF THE 
COMPACT 
"(a) This Compact shall be terminated and thereby be void 
and of no further force and effect if any of the following events 
occur: 
"(1) The legislatures of the states of Alabama and Georgia 
each agree by general laws enacted by each state within any three 
consecutive years that this Compact should be terminated. 
"(2) The United States Congress enacts a law expressly repeal-
ing this Compact. 
"(3) The States of Alabama and Georgia fail to agree on an 
equitable apportionment of the surface waters of the ACT as pro-
vided in Article Vll(a) of this Compact by December 31, 1998, 
unless the voting members of the ACT Basin Commission unani-
mously agree to extend this deadline. 
"(4) The Federal Commissioner submits to the Commission 
a letter of nonconcurrence in the initial allocation formula in accord-
ance with Article Vll(a) of the Compact, unless the voting members 
" • : » • ' 
PUBLIC LAW 105-105—NOV. 20, 1997 
111 STAT. 2239 
of the ACT Basin Commission unanimously agree to allow a single 
45 day period in which the non-voting Federal Commissioner and 
the voting State Commissioners may renegotiate an allocation 
formula and the Federal Commissioner withdraws the letter of 
nonconcurrence upon completion of this renegotiation. 
"(b) If the Compact is terminated in accordance with this Article 
it shall be of no further force and effect and shall not be the 
subject of any proceeding for the enforcement thereof in any federal 
or state court. Further, if so terminated, no party shall be deemed 
to have acquired a specific right to any quantity of water because 
it has become a signatory to this Com-pact. 
"ARTICLE IX 
"COMPLETION OF STUDIES PENDING ADOPTION OF 
ALLOCATION FORMULA 
"The ACT Basin Commission, in conjunction with one or more 
interstate, federal, state or local agencies, is hereby authorized 
to participate in any study in process as of the effective date 
of this Compact, including, without limitation, all or any part 
of the Alabama-Coosa-Tallapoosa/Apalachicola-Chattahoochee-Flint 
River Basin Comprehensive Water Resource Study, as may be deter-
mined by the Commission in its sole discretion. 
"ARTICLE X 
"RELATIONSHIP TO OTHER LAWS 
"(a) It is the intent of the party states and of the United 
States Congress by ratifying this Compact, that all state and federal 
officials enforcing, implementing or administering other state and 
federal laws affecting the ACT Basin shall, to the maximum extent 
practicable, enforce, implement or administer those laws in further-
ance of the purposes of this Compact and the allocation formula 
adopted by the Commission insofar as such actions are not in 
conflict with applicable federal laws. 
"(b) Nothing contained in this Compact shall be deemed to 
restrict the executive powers of the President in the event of a 
national emergency. 
"(c) Nothing contained in this Compact shall impair or affect 
the constitutional authority of the United States or any of its 
powers, rights, functions or jurisdiction under other existing or 
future laws in and over the area or waters which are the subject 
of the Compact, including projects of the Commission, nor shall 
any act of the Commission have the effect of repealing, modifying 
or amending any federal law. All officers, agencies and instrumen-
talities of the United States shall exercise their powers and author-
ity over water resources in the ACT Basin and water resource 
facilities, and to the msiximum extent practicable, shall exercise 
their discretion in carrjdng out their responsibilities, powers, and 
authorities over water resources in the ACT Basin £ind water 
resource facilities in the ACT Basin in a manner consistent with 
and that effectuates the allocation formula developed pursuant 
to this Compact or any modification of the allocation formula so 
long as the actions are not in conflict with any applicable federal 
law. The United States Army Corps of Engineers, or its successors, 
and all other federal agencies and instrumentalities shall cooperate 
I l l STAT. 2240 
PUBLIC LAW 105-105—NOV. 20, 1997 
with the ACT Basin Commission in accompHshing the purposes 
of the Compact and fulfilhng the obHgations of each of the parties 
to the Compact regarding the allocation formula. 
"(d) Once adopted by the two states and ratified by the United 
States Congress, this Compact shall have the full force and effect 
of federal law, and shall supersede state and local laws operating 
contrary to the provisions herein or the purposes of this Compact; 
provided, however, nothing contained in this Compact shall be 
construed as affecting or intending to affect or in any way to 
interfere with the laws of the respective signatory states relating 
to water quality, and riparian rights as among persons exclusively 
within each state. 
"ARTICLE XI 
"PUBLIC PARTICIPATION 
"All meetings of the Commission shall be open to the public. 
The signatory parties recognize the importance and necessity of 
public participation in activities of the Commission, including the 
development and adoption of the initial allocation formula and 
any modification thereto. Prior to the adoption of the initial alloca-
tion formula, the Commission shall adopt procedures ensuring pub-
lic participation in the development, review, and approval of the 
initial allocation formula and any subsequent modification thereto. 
At a minimum, public notice to interested parties and a comment 
period shall be provided. The Commission shall respond in writing 
to relevant comments. 
"ARTICLE XII 
"FUNDING AND EXPENSES OF THE COMMISSION 
"Commissioners shall serve without compensation from the 
ACT Basin Commission. All general operational funding required 
by the Commission and agreed to by the voting members shall 
obligate each state to pay an equal share of such agreed upon 
funding. Funds remitted to the Commission by a state in payment 
of such obligation shall not lapse; provided, however, that if any 
state fails to remit pa)anent within 90 days after payment is due,, 
such obligation shall terminate and any state which has made 
payment may have such payment returned. Costs of attendance 
and participation at meetings of the Commission by the Federal 
Commissioner shall be paid by the United States. 
"ARTICLE XIII 
"DISPUTE RESOLUTION 
"(a) In the event of a dispute between the voting members 
of this Compact involving a claim relating to compliance with the 
allocation formula adopted by the Commission under this Compact, 
the following procedures shall govern: 
"(1) Notice of claim shall be filed with the Commission by 
a voting member of this Compact and served upon each member 
of the Commission. The notice shall provide a written statement 
of the claim, including a brief narrative of the relevant matters 
supporting the claimant's position. 
|?*ju«;,^ - . • 
PUBLIC LAW 105-105—NOV. 20, 1997 
111 STAT. 2241 
"(2) Within twenty (20) days of the Commission's receipt of 
a written statement of a claim, the party or parties to the Compact 
against whom the complaint is made may prepare a brief narrative 
of the relevant matters and file it with the Commission and serve 
it upon each member of the Commission. 
"(3) Upon receipt of a claim and any response or responses 
thereto, the Commission shall convene as soon as reasonably prac-
ticable, but in no event later than twenty (20) days from receipt 
of any response to the claim, and shall determine if a resolution 
of the dispute is possible. 
"(4) A resolution of a dispute under this Article through unani-
mous vote of the State Commissioners shall be binding upon the 
state parties and any state party determined to be in violation 
of the allocation formula shall correct such violation without delay. 
"(5) If the Commission is unable to resolve the dispute within 
10 days from the date of the meeting convened pursuant to subpara-
graph (a)(3) of this Article, the Commission shall select, by unani-
mous decision of the voting members of the Commission, an 
independent mediator to conduct a non-binding mediation of the 
dispute. The mediator shall not be a resident or domiciliary of 
any member state, shall not be an employee or agent of any member 
of the Commission, shall be a person knowledgeable in water 
resource management issues, £ind shall disclose any and all current 
or prior contractual or other relations to any member of the Commis-
sion. The expenses of the mediator shall be paid by the Commission. 
If the mediator becomes unwilling or unable to serve, the Commis-
sion by unanimous decision of the voting members of the Commis-
sion, shall appoint another independent mediator. 
"(6) If the Commission fails to appoint an independent mediator 
to conduct a non-binding mediation of the dispute within seventy-
five (75) days of the filing of the original claim or within thirty 
(30) days of the date on which the Commission learns that a 
mediator is unwilling or unable to serve, the party submitting 
the claim shall have no further obligation to bring the claim before 
the Commission and may proceed by pursuing any appropriate 
remedies, including any and all judicial remedies. 
"(7) If an independent mediator is selected, the mediator shall 
establish the time and location for the mediation session or sessions 
and may request that each party to the Compact submit, in writing, 
to the mediator a statement of its position regarding the issue 
or issues in dispute. Such statements shall not be exchanged by 
the parties except upon the unanimous agreement of the parties 
to the mediation. 
"(8) The mediator shall not divulge confidential information 
disclosed to the mediator by the parties or by witnesses, if any, 
in the course of the mediation. All records, reports, or other docu-
ments received by a mediator while serving as a mediator shall 
be considered confidential. The mediator shall not be compelled 
in any adversary proceeding or judicial forum to divulge the con-
tents of such documents or the fact that such documents exist 
or to testify in regard to the mediation. 
"(9) Each party to the mediation shall maintain the confidential-
ity of the information received during the mediation and shall 
not rely on or introduce in any judicial proceeding as evidence: 
"a. Views expressed or suggestions made by another party 
regarding a settlement of the dispute; 
"b. Proposals made or views expressed by the mediator; or 
I l l STAT. 2242 
PUBLIC LAW 105-105—NOV. 20, 1997 
"c. The fact that another party to the hearing had or had 
not indicated a wilhngness to accept a proposal for settlement 
of the dispute. 
"(10) The mediator may terminate the non-binding mediation 
session or sessions whenever, in the judgment of the mediator, 
further efforts to resolve the dispute would not lead to a resolution 
of the dispute between or among the parties. Any party to the 
dispute may terminate the mediation process at any time by giving 
written notification to the mediator and the Commission. If termi-
nated prior to reaching a resolution, the party submitting the 
original claim to the Commission shall have no further obligation 
to bring its claim before the Commission and may proceed by 
pursuing any appropriate remedies, including any and all judicial 
remedies. 
"(11) The mediator shall have no authority to require the parties 
to enter into a settlement of any dispute regarding the Compact. 
The mediator may simply attempt to assist the parties in reaching 
a mutually acceptable resolution of their dispute. The mediator 
is authorized to conduct joint and separate meetings with the par-
ties to the mediation and to make oral or written recommendations 
for a settlement of the dispute. 
"(12) At any time during the mediation process, the Commission 
is encouraged to take whatever steps it deems necessary to assist 
the mediator or the parties to resolve the dispute. 
"(13) In the event of a proceeding seeking enforcement of the 
allocation formula, this Compact creates a cause of action solely 
for equitable relief. No action for money damages may be main-
tained. The party or parties alleging a violation of the Compact 
shall have the burden of proof 
"(b) In the event of a dispute between any voting member, 
and the United States relating to a state's noncompliance with 
the allocation formula as a result of actions or a refusal to act 
by officers, agencies or instrumentalities of the United States, the 
provisions set forth in paragraph (a) of this Article (other than 
the provisions of subparagraph (a)(4)) shall apply. 
"(c) The United States may initiate dispute resolution under 
paragraph (a) in the same manner as other parties to this Compact. 
"(d) Any signatory party who is affected by any action of the 
Commission, other than the adoption or enforcement of or compli-
ance with the allocation formula, may file a complaint before the 
ACT Basin Commission seeking to enforce any provision of this 
Compact. 
"(1) The Commission shall refer the dispute to an independent 
hearing officer or mediator, to conduct a hearing or mediation 
of the dispute. If the parties are unable to settle their dispute 
through mediation, a hearing shall be held by the Commission 
or its designated hearing officer. Following a hearing conducted 
by a hearing officer, the hearing officer shall submit a report to 
the Commission setting forth findings of fact and conclusions of 
law, and making recommendations to the Commission for the reso-
lution of the dispute. 
"(2) The Commission may adopt or modify the recommendations 
of the hearing officer within 60 days of submittal of the report. 
If the Commission is unable to reach unanimous agreement on 
the resolution of the dispute within 60 days of submittal of the 
report with the concurrence of the Federal Commissioner in disputes 
involving or affecting federal interests, the affected party may file 
PUBLIC LAW 105-105—NOV. 20, 1997 
111 STAT. 2243 
an action in any court of competent jurisdiction to enforce the 
provisions of this Compact. The hearing officer's report shall be 
of no force and effect and shall not be admissible as evidence 
in any further proceedings. 
"(e) All actions under this Article shall be subject to the 
following provisions: 
"(1) The Commission shall adopt guidelines and procedures 
for the appointment of hearing officers or independent mediators 
to conduct all hearings and mediations required under this Article. 
The hearing officer or mediator appointed under this Article shall 
be compensated by the Commission. 
"(2) All hearings or mediations conducted under this article 
may be conducted utilizing the Federal Administrative Procedures 
Act, the Federal Rules of Civil Procedure, and the Federal Rules 
of Evidence. The Commission may also choose to adopt some or 
all of its own procedural and evidentiary rules for the conduct 
of hearings or mediations under this Compact. 
"(3) Any action brought under this Article shall be limited 
to equitable relief only. This Compact shall not give rise to a 
cause of action for money damages. 
"(4) Any signatory party bringing an action before the Commis-
sion under this Article shall have the burdens of proof and persua-
sion. 
"ARTICLE XIV 
"ENFORCEMENT 
"The Commission may, upon unanimous decision, bring an 
action against any person to enforce any provision of this Compact, 
other than the adoption or enforcement 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 gen-
eral principle or precedent applicable to any other interstate 
streams. 
"ARTICLE XVI 
"IMPACT OF COMPACT ON USE OF WATER WITHIN THE 
BOUNDARIES OF THE COMPACTING 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 allocation formula. 
"ARTICLE XVII 
"AGREEMENT REGARDING WATER QUALITY 
"(a) The States of Alabama and Georgia mutually agree to 
the principle of individual State efforts to control man-made water 
pollution from sources located and operating within each State 
I l l STAT. 2244 
PUBLIC LAW 105-105—NOV. 20, 1997 
and to the continuing support of each State in active water pollution 
control programs. 
"(b) The States of Alabama and Georgia agree to cooperate, 
through their appropriate State agencies, in the investigation, 
abatement, and control of sources of alleged interstate pollution 
within the ACT River Basin whenever such sources are called 
to their attention by the Commission. 
"(c) The States of Alabama and Georgia agree to cooperate 
in maintaining the quality of the waters of the ACT River Basin. 
"(d) The States of Alabama and Georgia agree that no State 
may require another state to provide water for the purpose of 
water quality control as a substitute for or in lieu of adequate 
waste treatment. 
"ARTICLE XVIII 
"EFFECT OF OVER OR UNDER DELIVERIES UNDER THE 
COMPACT 
"No state shall acquire any right or expectation to the use 
of water because of any other state's failure to 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 legislature of 
each state shall promptly be given by the Governor of the ratifying 
state to the Governor of the other participating state. When the 
two state legislatures have ratified the Compact, notice of their 
mutual ratification shall be forwarded to the Congressional delega-
tion of the signatory 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 notify the Gov-
ernors of the participating states and appoint the Federal Commis-
sioner. The Compact shall be signed by all three Commissioners 
as their first order of business at their first meeting and shall 
be filed of record in the party states.". 
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 lan-
guage as adopted by the States. 
SEC. 3. RIGHT TO ALTER, AMEND, OR REPEAL. 
The right to alter, amend, or repeal this joint resolution is 
hereby expressly reserved. 
>J*S^--'' 
PUBLIC LAW 105-105—NOV. 20, 1997 
111 STAT. 2245 
SEC. 4. RESERVATIONS. 
To ensure participation of Federal agencies during the develop-
ment of the allocation formula and participation in all technical 
working groups and meetings in which the terms £ind conditions 
of the allocation formula are negotiated and to preserve Federal 
discretion under law, the consent of Congress to, and participation 
of the United States in, the Alabama-Coosa-Tallapoosa River Basin 
Compact, is subject to the following conditions and reservations: 
(1) Representatives of any Federal agency may attend any 
and all meetings of the Commission. 
(2) Upon the request of the Federal Commissioner, rep-
resentatives 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 
discussed 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 Commission at which compliance 
with the allocation formula by one or more officers, agencies, 
or instrumentalities of the United States is to be discussed. 
(4) Under the provisions of Article Vll(a), the Federal 
Commissioner may submit a letter of concurrence with the 
allocation formula unanimously adopted by the State Commis-
sioners within 255 days of such adoption. 
(5) No mediator shall be selected under Article Xlll(b) 
or Article XIII(c) without the concurrence of the Federal 
Commissioner and no resolution of a dispute under Article 
XIII(c) shall be made binding on the United States without 
the concurrence of the Federal Commissioner. 
(6) The obligations of employees, agencies, and instrumen-
talities of the United States pursuant to Articles Vll(b), X(a), 
and X(c) to exercise their discretion, to the maximum extent 
practicable, in a manner consistent with the allocation formula 
shall not be construed to interfere with the ability of such 
employees, agencies, and instrumentalities to take actions 
during emergency situations. 
(7) As among water right holders within any one State, 
nothing in this Compact shall be construed as affecting or 
intending to affect or in any way to interfere with the laws 
of the respective signatory States relating to riparian rights 
of the United States in and to the waters of the Alabama-
Coosa-Tallapoosa River Basin. 
SEC. 5. EFFECTUATION. 
(a) FEDERAL AGENCY AUTHORITY.—TO carry out the purposes 
of this Compact, Federal agencies are authorized, as they may 
deem appropriate— 
(1) to engage in cooperative relationships with the Commis-
sion; 
(2) to conduct studies and monitoring programs in coopera-
tion with the Commission; 
(3) to enter into agreements to indemnify private land-
owners against liability that may arise from studies and 
monitoring programs undertaken in cooperation with the 
Commission; and 
I l l STAT. 2246 
PUBLIC LAW 105-105—NOV. 20, 1997 
(4) to furnish assistance, including the provision of services, 
facilities, and personnel, to the Federal Commissioner, 
(b) APPROPRIATIONS.—^Appropriations are authorized as nec-
essary for implementing the Compact, including appropriations for 
carrying out the functions of the Federal Commissioner and 
alternates and for employment of personnel by the Federal Commis-
sioner. 
Approved November 20, 1997. 
LEGISLATIVE HISTORY—H.J. Res. 92: 
HOUSE REPORTS: No. 105-370 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 143 (1997): 
Nov. 4, considered and passed House. 
Nov. 7, considered and passed Senate.