NY Env Conserv L § 21-1001 (2021)
2021 New York Laws ENV - Environmental Conservation Article 21 - Pollution Control Compacts Title 10 - Great Lakes - St. Lawrence River Basin Water Resources Compact 21-1001 - The Great Lakes - st.lawrence River Basin Water Resources Compact.

§ 21-1001. The  Great  Lakes-St.  Lawrence  River  Basin Water ResourcesCompact.GREAT LAKES-ST. LAWRENCE RIVER BASIN WATER RESOURCES COMPACTARTICLE 1SHORT TITLE, DEFINITIONS, PURPOSES AND DURATIONSection 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  management  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 Proposal that  is   subject to management and regulation under this Compact. Application has   a corresponding meaning.Basin  or  Great Lakes-St. Lawrence River Basin means the watershed of   the Great Lakes and the St. Lawrence River upstream from Trois-Rivieres,   Quebec 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 incorporated 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and that is not a   Straddling Community.Compact means this Compact.Consumptive Use means that portion of the Water Withdrawn or  withheld   from  the  Basin that is lost or otherwise not returned to the Basin due   to evaporation, incorporation into Products, or other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 government 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 Ecosystem 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. Cumulative 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.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   non-governmental   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 Quebec.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 residential 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 Quebec 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  Withdrawal   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 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 interacting 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 subsistence, 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 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  principles,  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 Natural  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 Ecosystem;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 management across the   Basin while retaining State management authority over  Water  management   decisions within the Basin;e.  To  facilitate  the  exchange  of  data, strengthen the scientific   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 concerning the Basin's Waters and  Water  Dependent   Natural Resources.Section  1.4. Science. 1. The Parties commit to provide leadership for   the development of a collaborative strategy with other regional partners   to strengthen the scientific basis for sound Water  management  decision   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 mechanism by which impacts of Withdrawals may   be assessed;b. The periodic  assessment  of  Cumulative  Impacts  of  Withdrawals,   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.ARTICLE 2ORGANIZATIONSection 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 alternate 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 apportioned 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 procedure, and   may adopt rules and regulations governing its meetings and transactions,   as well as the  procedures  and  timeline  for  submission,  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   professional  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 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, expropriation 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 3GENERAL POWERS AND DUTIESSection 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 Parties shall use the Standard of Review   and Decision and procedures 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 transferred 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  conservation  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 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  management  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 4WATER MANAGEMENT AND REGULATIONSection 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  register 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  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 information to further develop a mechanism   by which individual and Cumulative 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 groundwater 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 objectives, and   shall develop and implement a Water conservation and efficiency program,   either voluntary or mandatory, within  its  jurisdiction  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: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 a   voluntary or mandatory Water conservation  program  for  all,  including   existing, Basin Water users. Conservation programs 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 regulate New   or Increased Withdrawals, Consumptive  Uses  and  Diversions,  including   Exceptions, in accordance with this Compact.2.  Each  Party shall require an Applicant to submit an Application 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  Proposal'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.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 groundwater, levels and flows of the Great  Lakes   and  the St. Lawrence River, future changes in environmental conditions,   the reliability 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  potentially  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  Application,  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  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.b.  The  Originating Party's Technical Review shall thoroughly 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 information that is provided under  this  Compact  shall  issue  a   Declaration 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  and  the   Provinces  with detailed and timely notice and an opportunity 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 regulated 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 Straddling 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 groundwater 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  discharge  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  surface  water  or  groundwater  from   outside the Basin;b.  If  the  Proposal  results  from  a New or Increased Withdrawal of   100,000 gallons per day or greater average over any 90-day  period,  the   Proposal shall also meet the Exception Standard; andc.  If the Proposal results in a New or Increased Consumptive Use of 5   million gallons per day or greater average over 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 Withdrawal 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 Withdrawal 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 five 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  Originating 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 Consumptive 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 Members 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 prohibition 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, maximizing the portion   of water returned to the Source Watershed as Basin Water and  minimizing   the surface water or groundwater from outside the Basin;c.  The  Proposal shall be subject to management and regulation 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 conservation 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 following 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 discharge 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  consideration  given  to  the  potential  Cumulative   Impacts  of  any  precedent-setting  consequences  associated  with  the   Proposal;e.  The  Exception  will  be  implemented   so   as   to   incorporate   Environmentally  Sound  and  Economically  Feasible  Water  Conservation   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.1. Within five years of the effective date of this Compact, each Party   shall  create  a  program  for  the  management and regulation 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  efficient Water management program that will ensure that   uses overall are reasonable, that Withdrawals overall will not result in   significant 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  Watersheds,  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 Withdrawals 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   programs,   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 implemented 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  implemented  so  as  to   incorporate   Environmentally  Sound  and  Economically  Feasible  Water   Conservation Measures;4.  The  Withdrawal  or  Consumptive  Use 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;5.  The  proposed use is reasonable, based upon a consideration 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;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 withdrawals and water uses sharing the water source;d.  The  supply  potential  of the water source, considering 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  proposed  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  Withdrawal  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 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 transported 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   Wisconsin 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 Parties specifically acknowledge  that   this  Compact  shall  not prohibit 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  Quebec,  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 Diversions 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  collectively   conduct  within  the  Basin,  on a Lake watershed and St. Lawrence River   Basin  basis,  a  periodic  assessment  of  the  Cumulative  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   assessment shall:a. Utilize the most current and  appropriate  guidelines  for  such  a   review, which may include but not be limited to 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  Cumulative   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 Decision.ARTICLE 5TRIBAL CONSULTATIONSection 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 comment 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 modifications 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 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 6PUBLIC PARTICIPATIONSection 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(s)  or  hearing(s) for an Application, time and place of   such a meeting or hearing, and procedures 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 7DISPUTE RESOLUTION AND ENFORCEMENTSection 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  carrying  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.2. The Council, in consultation with the Provinces, shall  provide  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 exhaustion 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 jurisdiction  and   may  initiate  actions  to  compel compliance with the provisions 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 Diversion 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 Compact.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 Compact.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 additional   enforcement mechanisms and remedies including equitable relief and civil   penalties  applicable  within  its  jurisdiction  to   assist   in   the   implementation of this Compact.ARTICLE 8ADDITIONAL PROVISIONSSection 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.1.  Nothing in this Compact requires a Party to breach confidentiality   obligations or requirements prohibiting  disclosure,  or  to  compromise   security of commercially sensitive or proprietary information.2.  A  Party  may take measures, including but not limited to deletion   and redaction, deemed necessary to protect any confidential, proprietary   or commercially sensitive information when distributing  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 established  under   it shall continue unimpaired.ARTICLE 9EFFECTUATIONSection 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  material  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.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____ day of (month), (year)