2023 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 Resources
Compact.
GREAT LAKES-ST. LAWRENCE RIVER BASIN WATER RESOURCES COMPACT
ARTICLE 1
SHORT TITLE, DEFINITIONS, PURPOSES AND DURATION
Section 1.1. Short Title. This act shall be known and may be cited  as
  the "Great Lakes-St. Lawrence River Basin Water Resources Compact."
Section 1.2. Definitions. For the purposes of this Compact, and of any
  supplemental  or concurring legislation enacted pursuant thereto, except
  as may be otherwise required by the context:
Adaptive Management means a Water  resources  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Consumptive Use means that portion of the Water Withdrawn or  withheld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 2
ORGANIZATION
Section 2.1. Council Created.
The Great Lakes-St. Lawrence River Basin Water  Resources  Council  is
  hereby  created as a body politic and corporate, with succession for the

  duration of this Compact,  as  an  agency  and  instrumentality  of  the
  governments of the respective Parties.
Section 2.2. Council membership.
The Council shall consist of the Governors of the Parties, ex officio.
Section 2.3. Alternates.
Each  member  of  the Council shall appoint at least one 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 3
GENERAL POWERS AND DUTIES
Section 3.1. General.
The Waters and Water Dependent Natural  Resources  of  the  Basin  are
  subject  to the sovereign right and responsibilities of the Parties, and
  it is the purpose of this Compact to provide for joint exercise of  such
  powers  of  sovereignty  by  the  Council in the common interests of the
  people of the region, in the manner and to the extent provided  in  this
  Compact.  The  Council  and the 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 4
WATER MANAGEMENT AND REGULATION
Section 4.1. Water Resources Inventory, Registration and Reporting.
1. Within five years of the effective date of this Compact, each Party
  shall  develop  and  maintain  a  Water  resources  inventory  for   the
  collection,    interpretation,   storage,   retrieval,   exchange,   and
  dissemination of information  concerning  the  Water  resources  of  the
  Party, including, but not limited to, information on the location, type,
  quantity,  and  use  of  those  resources  and  the  location, type, and
  quantity of Withdrawals, Diversions and Consumptive Uses. To the  extent
  feasible,   the   Water   resources  inventory  shall  be  developed  in
  cooperation  with  local,  State,  federal,  tribal  and  other  private
  agencies  and  entities,  as  well as the Council. Each Party's agencies
  shall cooperate with that Party in the development  and  maintenance  of
  the inventory.
2.  The  Council  shall  assist each Party to develop a common base of
  data regarding the management of the Water Resources of the Basin and to
  establish systematic arrangements for the exchange of  those  data  with
  other States and Provinces.
3. To develop and maintain a compatible base of Water use information,
  within  five  years of the effective date of this Compact any Person who
  Withdraws Water in an amount of  100,000  gallons  per  day  or  greater
  average  in  any  30-day  period  (including  Consumptive Uses) from all
  sources, or Diverts Water of any amount, shall register  the  Withdrawal
  or  Diversion  by  a  date  set  by  the  Council  unless the Person has
  previously registered in accordance with an existing State program.  The
  Person  shall  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; and
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,  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 5
TRIBAL CONSULTATION
Section 5.1. Consultation with Tribes.
1. In addition to all  other  opportunities  to  comment  pursuant  to
  Section  6.2,  appropriate  consultations  shall  occur  with  federally
  recognized Tribes in the Originating Party for all Proposals subject  to
  Council  or Regional Review pursuant to this Compact. Such consultations
  shall be organized in the manner suitable to the individual Proposal and
  the laws and policies of the Originating Party.
2. All federally recognized Tribes  within  the  Basin  shall  receive
  reasonable notice indicating that they have an opportunity to 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 6
PUBLIC PARTICIPATION
Section 6.1. Meetings, Public Hearings and Records.
1. The Parties  recognize  the  importance  and  necessity  of  public
  participation  in  promoting  management  of  the Water Resources of the
  Basin. Consequently, all meetings of the Council shall be  open  to  the
  public, except with respect to issues of personnel.
2.  The  minutes  of  the  Council  shall  be  a public record open to
  inspection at its offices during regular business hours.
Section 6.2. Public Participation.
It is the intent  of  the  Council  to  conduct  public  participation
  processes  concurrently  and  jointly  with  processes undertaken by the
  Parties  and  through  Regional  Review.  To  ensure   adequate   public
  participation, each Party or the Council shall ensure procedures for the
  review  of  Proposals  subject  to  the  Standard of Review and Decision
  consistent with the following requirements:
1. Provide public notification of receipt of all  Applications  and  a
  reasonable   opportunity  for  the  public  to  submit  comments  before
  Applications are acted upon.
2.  Assure  public  accessibility  to  all  documents  relevant  to an
  Application, including public comment received.
3. Provide guidance on standards for determining whether to conduct  a
  public  meeting(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 7
DISPUTE RESOLUTION AND ENFORCEMENT
Section 7.1. Good Faith Implementation.
Each   of  the  Parties  pledges  to  support  implementation  of  all
  provisions of this Compact, and covenants that its officers and agencies
  shall not hinder, impair, or prevent any other Party  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 8
ADDITIONAL PROVISIONS
Section 8.1. Effect on Existing Rights.
1.  Nothing  in  this  Compact  shall  be  construed to affect, limit,
  diminish or impair any rights validly established and existing as of the
  effective date of this Compact under State or federal law governing  the
  Withdrawal of Waters of the Basin.
2.  Nothing  contained in this Compact shall be construed as affecting
  or intending to affect or in any way to interfere with the  law  of  the
  respective Parties relating to common law Water rights.
3.  Nothing  in  this Compact is intended to abrogate or derogate from
  treaty rights or rights held by any  Tribe  recognized  by  the  federal
  government  of  the  United  States  based  upon  its  status as a Tribe
  recognized by the federal government of the United States.
4. An approval by a Party or the Council under this Compact  does  not
  give  any property rights, nor any exclusive privileges, nor shall it be
  construed to grant or confer any right, title, easement, or interest in,
  to or over any land belonging to or held in trust by  a  Party;  neither
  does  it authorize any injury to private property or invasion of private
  rights, nor infringement of federal, State or local laws or regulations;
  nor does it obviate the  necessity  of  obtaining  federal  assent  when
  necessary.
Section 8.2. Relationship to Agreements Concluded by the United States
  of America.
1.  Nothing  in  this  Compact  is  intended  to  provide nor shall be
  construed to provide, directly or indirectly, to any Person  any  right,
  claim  or  remedy  under any treaty or international agreement nor is it
  intended to derogate any right, claim, or  remedy  that  already  exists
  under any treaty or international agreement.
2.  Nothing  in  this  Compact  is  intended  to infringe nor shall be
  construed to infringe upon the treaty power  of  the  United  States  of
  America,  nor  shall  any term hereof be construed to alter or amend any
  treaty or term thereof that has been or may hereafter be executed by the
  United States of America.
3. Nothing in  this  Compact  is  intended  to  affect  nor  shall  be
  construed  to  affect  the  application of the Boundary Waters Treaty of
  1909  whose  requirements  continue  to  apply  in   addition   to   the
  requirements of this Compact.
Section 8.3. Confidentiality.
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 9
EFFECTUATION
Section 9.1. Repealer.
All  acts  and  parts  of  acts  inconsistent with this act are to the
  extent of such inconsistency hereby repealed.
Section 9.2. Effectuation by Chief Executive.
The Governor is authorized to take such action as may be necessary and
  proper in his or her  discretion  to  effectuate  the  Compact  and  the
  initial organization and operation thereunder.
Section 9.3. Entire Agreement.
The  parties  consider  this  Compact  to  be complete and an integral
  whole.  Each provision of this Compact is  considered  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)