Apalachicola-Chattahoochee-Flint River Basin Compact
PL 105-104 (H.J.Res.91), enacted 11/20/1997

PUBLIC LAW 105-104—NOV. 20, 1997 
111 STAT. 2219 
Public Law 105-104 
105th Congress 
eJoint Resolution 
Granting the consent of Congress to the Apalachicola-Chattahoochee-Flint 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 Apalachicola-Chattahoochee-Flint 
River Basin Compact entered into by the States of Alabama, Florida, 
and Georgia. The Compact is substantially as follows: 
**Apalachicola-Chattahoochee-Flint River Basin Compact 
*The States of Alabama, Florida 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 'Apalachicola-
Chattahoochee-Flint River Basin Compact' and shall be referred 
to hereafter in this document as the 'ACF Compact' or 'Compact'. 
"ARTICLE I 
"COMPACT PURPOSES 
"This Compact among the States of Alabama, Florida and 
Georgia and the United States of America has been entered into 
for the purposes of promoting interstate comity, removing causes 
of present £ind future controversies, equitably apportioning the sur-
face waters of the ACF, engaging in water planning, and developing 
and sharing common data bases. 
"ARTICLE II 
Nov. 20, 1997 
[H.J. Res. 91] 
State listing. 
Apalachicola-
Chattahoochee-
FUnt River Basin 
Compact. 
"SCOPE OF THE COMPACT 
'This Compact shall extend to all of the waters arising within 
the drainage basin of the ACF in the states of Alabama, Florida 
and Georgia. 
I l l STAT. 2220 
PUBLIC LAW 105-104—NOV. 20, 1997 
"ARTICLE III 
"PARTIES 
"The parties to this Compact are the states of Alabama, Florida 
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) ACF Basin' or ACF' means the area of natural drainage 
into the Apalachicola River and its tributaries, the Chattahoochee 
River and its tributaries, and the Flint River and its tributaries. 
Any reference to the rivers within this Compact will be designated 
using the letters ACF' 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 ACF Basin Commission determines an equitable 
apportionment of surface waters within the ACF Basin among 
the three states. Such formula may be represented by a table, 
chart, mathematical calculation or any other expression of the 
Commission's apportionment of waters pursuant to this compact. 
"(c) 'Commission' or 'ACF Basin Commission' means the Apa-
lachicola-Chattahoochee-Flint 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, £ind 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 ACF Basin for any purpose. 
"(i) *Water resources,' or 'waters' mesuis all surface waters and 
ground waters contained or otherwise originating within the ACF 
Basin. 
"ARTICLE V 
"CONDITIONS PRECEDENT TO LEGAL VIABILITY OF THE 
COMPACT 
"This Compact shall not be binding on any party until it has 
been enacted into law by the legislatures of the states of Alabama, 
PUBLIC LAW 105-104—NOV. 20, 1997 
111 STAT. 2221 
Florida and Georgia and by the Congress of the United States 
of America. 
"ARTICLE VI 
^ 
"ACF BASIN COMMISSION CREATED 
"(a) There is hereby created an interstate administrative agency 
to be known as the ACF Basin Commission.' The Commission 
shall be comprised of one member representing the state of Ala-
bama, one member representing the state of Florida, one member 
representing the state of Georgia, and one non-voting member rep-
resenting 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 ACF 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 £in 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 ACF. 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 ACF Basin Commis-
sion and the Commission shall make all decisions and exercise 
all powers by unanimous vote of the three State Commissioners. 
The Federal Commissioner shall not have a vote, but shall attend 
and participate in all meetings of the ACF Basin Commission 
to the same extent as the State Commissioners. 
"(e) The ACF Basin Commission shall meet at least once a 
year at a date set at its initial meeting. Such initial meeting 
shall take place within ninety days of the 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 
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 
I l l STAT. 2222 
PUBLIC LAW 105-104—NOV. 20, 1997 
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 ACF 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 jurisdic-
tion; 
"(3) to retain and discharge professional, technical, clerical 
and other staff and such consultants as are necessary to accom-
plish the purposes of this Compact; 
"(4) to receive funds from any lawful source and expend 
funds for any lawful purpose; 
Contracts. 
"(5) to enter into agreements or contracts, where appro-
priate, in order to accomplish the purposes of this Compact; 
"(6) to create committees and delegate responsibilities; 
"(7) to plan, coordinate, monitor, and make recommenda-
tions for the water resources of the ACF Basin for the purposes 
of, but not limited to, minimizing adverse impacts of floods 
and droughts and improving water quality, water supply, and 
conservation as may be deemed necessary by the Commission; 
"(8) to participate with other governmental and non-govern-
mental entities in canying out the purposes of this Compact; 
"(9) to conduct studies, to generate information regarding 
the water resources of the ACF Basin, and to share this 
information among the Commission members and with others; 
"(10) to cooperate with appropriate state, federal, and local 
agencies or any other person in the development, ownership, 
sponsorship, and operation of water resource facilities in the 
ACF Basin; provided, however, that the Commission shall not 
own or operate a federally-owned water resource facility unless 
authorized by the United States Congress; 
"(11) to acquire, receive, hold and convey such personal 
and real property as may be necessary for the performance 
of its duties under the Compact; provided, however, that noth-
ing in this Compact shall be construed as granting the ACF 
Basin Commission authority to issue bonds or to exercise any 
right of eminent domain or power of condemnation; 
"(12) to establish and modify an allocation formula for 
apportioning the surface waters of the ACF Basin among the 
states of Alabama, Florida and Georgia; and 
"(13) to perform all functions required of it by this Compact 
and to do all things necessary, proper or convenient in the 
performance of its duties hereunder, either independently or 
in cooperation with any state or the United States. 
"ARTICLE VII 
"EQUITABLE APPORTIONMENT 
"(a) It is the intent of the parties to this Compact to develop 
an allocation formula for equitably apportioning the surface waters 
PUBLIC LAW 105-104—NOV. 20, 1997 
111 STAT. 2223 
of the ACF Basin among the states while protecting the water 
quahty, ecology and biodiversity of the ACF, as provided in the 
Clean Water Act, 33 U.S.C. Sections 1251 et seq., the Endangered 
Species Act, 16 U.S.C. Sections 1532 et seq., the National Environ-
mental Policy Act, 42 U.S.C. Sections 4321 et seq., the Rivers 
and Harbors Act of 1899, 33 U.S.C. Sections 401 et seq., and 
other applicable federal laws. For this purpose, all members of 
the ACF Basin Commission, including the Federal Commissioner, 
shall have full rights to notice of and participation in all meetings 
of the ACF Basin Commission and technical committees in which 
the basis and terms and conditions of the allocation formula are 
to 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 ACF 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 ACF Basin Commission a letter of nonconcur-
rence in accordance 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 ACF Basin that may 
influence the water resources within the ACF 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 ACF Basin. It is 
the intent of the parties to this Compact, including the United 
States, to achieve compliemce 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. 
"(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 ACF Basin as of the effective 
date of this Compact, may continue to withdraw, divert or consume 
such water resources in accordsince with the laws of the state 
where such person resides or does business and in accordance 
I l l STAT. 2224 
PUBLIC LAW 105-104—NOV. 20, 1997 
with applicable federal laws. The parties to this Compact further 
agree that any such person may increase the amount of water 
resources withdrawn, diverted or consumed to satisfy reasonable 
increases in the demand of such person for water between the 
effective date of this Compact and the date on which an allocation 
formula is approved by the ACF 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 ACF 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 
greinting 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 
£ind of no further force £ind effect if any of the following events 
occur: 
"(1) The legislatures of the states of Alabama, Florida 
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 
repealing this Compact. 
"(3) The States of Alabama, Florida and Georgia fail to 
agree on an equitable apportionment of the surface waters 
of the ACF as provided in Article Vll(a) of this Compact by 
December 31, 1998, unless the voting members of the ACF 
Basin Commission unanimously agree to extend this deadline. 
"(4) The Federal Commissioner submits to the Commission 
a letter of nonconcurrence in the initial allocation formula 
in accordance with Article Vll(a) of the Compact, unless the 
voting members of the ACF 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 Commis-
sioner withdraws the letter of nonconcurrence upon completion 
of this renegotiation. 
PUBLIC LAW 105-104—NOV. 20, 1997 
111 STAT. 2225 
"(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 Compact. 
"ARTICLE IX 
"COMPLETION OF STUDIES PENDING ADOPTION OF 
ALLOCATION FORMULA 
"The ACF 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 determined 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 ACF Basin shall, to the maximum extent 
practicable, enforce, implement or administer those laws in further-
since 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 ACF Basin and water resource 
facilities, and to the maximum extent practicable, shall exercise 
their discretion in carrying out their responsibilities, powers, and 
authorities over water resources in the ACF Basin and water 
resource facilities in the ACF 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 
with the ACF Basin Commission in accomplishing the purposes 
of the Compact and fulfilling the obligations of each of the parties 
to the Compact regarding the allocation formula. 
"(d) Once adopted by the three states and ratified by the 
United States Congress, this Compact shall have the full force 
I l l STAT. 2226 
PUBLIC LAW 105-104—NOV. 20, 1997 
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 
ACF 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 pa5anent within 90 days after payment is due, 
such obligation shall terminate and any state which has made 
pa5nnent may have such pajonent 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 two or more 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 rel-
evant matters supporting the claimant's position. 
"(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, 
PUBLIC LAW 105-104—NOV. 20, 1997 
111 STAT. 2227 
"(3) Upon receipt of a claim and any response or responses 
thereto, the Commission shall convene as soon as reasonably 
practicable, but in no event later than twenty (20) days from 
receipt of any response to the claim, and shall determine if 
a resolution of the dispute is possible. 
"(4) A resolution of a dispute under this Article through 
unanimous vote of the State Commissioners shall be binding 
upon the state parties and any state party 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 subparagraph (a)(3) of this Article, the Commission shall 
select, by unanimous decision of the voting members of the 
Commission, an independent mediator to conduct a non-binding 
mediation of the dispute. The 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, and shall 
disclose any and all current or prior contractual or other rela-
tions to any member of the Commission. The expenses of the 
mediator shall be paid by the Commission. If the mediator 
becomes unwilling or unable to serve, the Commission by unani-
mous decision of the voting members of the Commission, 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 mediai,or 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 documents 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 contents 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 con-
fidentiality 
of the information received during the mediation 
and shall not rely on or introduce in any judicial proceeding 
as evidence: 
I l l STAT. 2228 
PUBLIC LAW 105-104—NOV. 20, 1997 
"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 
"c. The fact that another party to the hearing had 
or had not indicated a willingness to accept a proposal 
for settlement of the dispute. 
"(10) The mediator may terminate the non-binding medi-
ation 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 terminated prior to reaching a resolu-
tion, 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 sepa-
rate meetings with the parties to the mediation and to make 
oral or written recommendations for a settlement of the dispute. 
"(12) At any time during the mediation process, the 
Commission is encouraged to take whatever steps it deems 
necessary to assist the mediator or the parties to resolve the 
dispute. 
"(13) In the event of a proceeding seeking enforcement 
of the allocation formula, this Compact creates a cause of 
action solely for equitable relief. No action for money damages 
may be maintained. The party or parties alleging a violation 
of the Compact shall have the burden of proof. 
"(b) In the event of a dispute between any voting member 
and the United States relating to a state's 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 
ACF Basin Commission seeking to enforce any provision of this 
Compact. 
"(1) The Commission shall refer the dispute to an independ-
ent hearing officer or mediator, to conduct a hearing or medi-
ation 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 hear-
ing 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 resolution of the dispute. 
PUBLIC LAW 105-104—NOV. 20, 1997 
111 STAT. 2229 
"(2) The Commission may adopt or modify the recommenda-
tions 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 an action in any court 
of competent jurisdiction to enforce the provisions of this Com-
pact. The hearing officer's report shall be of no force and effect 
and shall not be admissible as evidence in any further proceed-
ings. 
"(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 medi-
ators 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 Proce-
dures 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 
Commission under this Article shall have the burdens of proof 
and persuasion. 
"ARTICLE XIV 
"ENFORCEMENT 
"The Commission may, upon unanimous decision, bring an 
action against any person to enforce any 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. 
I l l STAT. 2230 
PUBLIC LAW 105-104—NOV. 20, 1997 
"ARTICLE XVII 
"AGREEMENT REGARDING WATER QUALITY 
"(a) The States of Alabama, Florida, and Georgia mutually 
agree to the principle of individual State efforts to control man-
made water pollution from sources located and operating within 
each State and to the continuing support of each State in active 
water pollution control programs. 
"(b) The States of Alabama, Florida, and Georgia agree to 
cooperate, through their appropriate State agencies, in the inves-
tigation, abatement, and control of sources of alleged interstate 
pollution within the ACF River Basin whenever such sources are 
called to their attention by the Commission. 
"(c) The States of Alabama, Florida, and Georgia agree to 
cooperate in maintaining the quality of the waters of the ACF 
River Basin. 
"(d) The States of Alabama, Florida, and Georgia agree that 
no State may require smother 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 Governors of the other participating states. When 
all three state legislatures have ratified the Compact, notice of 
their mutual ratification shall be forwarded to the Congressional 
delegation of the signatory states for submission to the Congress 
of the United States for ratification. When the Compact is ratified 
by the 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 four Commissioners 
as their first order of business at their first meeting and shall 
be filed of record in the party states.". 
PUBLIC LAW 105-104—NOV. 20, 1997 
111 STAT. 2231 
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. 
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 and 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 Apalachicola-Chattahoochee-Flint 
River Basin Compact, is subject to the following conditions and 
reservations: 
(1) Representatives of any Federal agency may attend any 
and all meetings of the Commission. 
(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 Apalachicola-
Chattahoochee-Flint 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— 
I l l STAT. 2232 
PUBLIC LAW 105-104—NOV. 20, 1997 
(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 
(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. 91: 
HOUSE REPORTS: No. 105-369 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 143 (1997): 
Nov. 4, considered and passed House. 
Nov. 7, considered and passed Senate.