Public Law 110–342 110th Congress Joint Resolution

122 STAT. 3739 PUBLIC LAW 110–342—OCT. 3, 2008

Public Law 110–342

110th Congress

Joint Resolution

Expressing the consent and approval of Congress to an interstate compact regarding

water resources in the Great Lakes—St. Lawrence River Basin.

Resolved by the Senate and House of Representatives of the

United States of America in Congress assembled, That

Whereas the interstate compact regarding water resources in the

Great Lakes—St. Lawrence River Basin reads as follows:

‘‘AGREEMENT

‘‘Section 1. The states of Illinois, Indiana, Michigan, Min-

nesota, New York, Ohio and Wisconsin and the Commonwealth

of Pennsylvania hereby solemnly covenant and agree with each

other, upon enactment of concurrent legislation by the respective

state legislatures and consent by the Congress of the United States

as follows:

‘‘GREAT LAKES—ST. LAWRENCE RIVER BASIN WATER

RESOURCES COMPACT

‘‘ARTICLE 1

‘‘SHORT TITLE, DEFINITIONS, PURPOSES AND

DURATION

‘‘Section 1.1. Short Title. This act shall be known and may

be cited as the ‘‘Great Lakes—St. Lawrence River Basin Water

Resources Compact.’’

‘‘Section 1.2. Definitions. For the purposes of this Compact, and

of any supplemental or concurring legislation enacted pursuant

thereto, except as may be otherwise required by the context:

‘‘Adaptive Management means a Water resources manage-

ment system that provides a systematic process for evaluation,

monitoring and learning from the outcomes of operational programs

and adjustment of policies, plans and programs based on experience

and the evolution of scientific knowledge concerning Water

resources and Water Dependent Natural Resources.

‘‘Agreement means the Great Lakes—St. Lawrence River

Basin Sustainable Water Resources Agreement.

‘‘Applicant means a Person who is required to submit a Pro-

posal that is subject to management and regulation under this

Compact. Application has a corresponding meaning.

Great Lakes—

St. Lawrence

River Basin

Water Resources

Compact.

State listing.

Oct. 3, 2008

[S.J. Res. 45]

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122 STAT. 3740 PUBLIC LAW 110–342—OCT. 3, 2008

‘‘Basin or Great Lakes—St. Lawrence River Basin means

the watershed of the Great Lakes and the St. Lawrence River

upstream from Trois-Rivie

res, Que

bec within the jurisdiction of

the Parties.

‘‘Basin Ecosystem or Great Lakes—St. Lawrence River

Basin Ecosystem means the interacting components of air, land,

Water and living organisms, including humankind, within the

Basin.

‘‘Community within a Straddling County means any incor-

porated city, town or the equivalent thereof, that is located outside

the Basin but wholly within a County that lies partly within the

Basin and that is not a Straddling Community.

‘‘Compact means this Compact.

‘‘Consumptive Use means that portion of the Water With-

drawn or withheld from the Basin that is lost or otherwise not

returned to the Basin due to evaporation, incorporation into Prod-

ucts, or other processes.

‘‘Council means the Great Lakes—St. Lawrence River Basin

Water Resources Council, created by this Compact.

‘‘Council Review means the collective review by the Council

members as described in Article 4 of this Compact.

‘‘County means the largest territorial division for local govern-

ment in a State. The County boundaries shall be defined as those

boundaries that exist as of December 13, 2005.

‘‘Cumulative Impacts mean the impact on the Basin Eco-

system that results from incremental effects of all aspects of a

Withdrawal, Diversion or Consumptive Use in addition to other

past, present, and reasonably foreseeable future Withdrawals,

Diversions and Consumptive Uses regardless of who undertakes

the other Withdrawals, Diversions and Consumptive Uses. Cumu-

lative Impacts can result from individually minor but collectively

significant Withdrawals, Diversions and Consumptive Uses taking

place over a period of time.

‘‘Decision-Making Standard means the decision-making

standard established by Section 4.11 for Proposals subject to

management and regulation in Section 4.10.

‘‘Diversion means a transfer of Water from the Basin into

another watershed, or from the watershed of one of the Great

Lakes into that of another by any means of transfer, including

but not limited to a pipeline, canal, tunnel, aqueduct, channel,

modification of the direction of a water course, a tanker ship,

tanker truck or rail tanker but does not apply to Water that

is used in the Basin or a Great Lake watershed to manufacture

or produce a Product that is then transferred out of the Basin

or watershed. Divert has a corresponding meaning.

‘‘Environmentally Sound and Economically Feasible

Water Conservation Measures mean those measures, methods,

technologies or practices for efficient water use and for reduction

of water loss and waste or for reducing a Withdrawal, Consumptive

Use or Diversion that i) are environmentally sound, ii) reflect best

practices applicable to the water use sector, iii) are technically

feasible and available, iv) are economically feasible and cost effective

based on an analysis that considers direct and avoided economic

and environmental costs and v) consider the particular facilities

and processes involved, taking into account the environmental

impact, age of equipment and facilities involved, the processes

employed, energy impacts and other appropriate factors.

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122 STAT. 3741 PUBLIC LAW 110–342—OCT. 3, 2008

‘‘Exception means a transfer of Water that is excepted under

Section 4.9 from the prohibition against Diversions in Section 4.8.

‘‘Exception Standard means the standard for Exceptions

established in Section 4.9.4.

‘‘Intra-Basin Transfer means the transfer of Water from the

watershed of one of the Great Lakes into the watershed of another

Great Lake.

‘‘Measures means any legislation, law, regulation, directive,

requirement, guideline, program, policy, administrative practice or

other procedure.

‘‘New or Increased Diversion means a new Diversion, an

increase in an existing Diversion, or the alteration of an existing

Withdrawal so that it becomes a Diversion.

‘‘New or Increased Withdrawal or Consumptive Use

means a new Withdrawal or Consumptive Use or an increase in

an existing Withdrawal or Consumptive Use.

‘‘Originating Party means the Party within whose jurisdiction

an Application or registration is made or required.

‘‘Party means a State party to this Compact.

‘‘Person means a human being or a legal person, including

a government or a nongovernmental organization, including any

scientific, professional, business, non-profit, or public interest

organization or association that is neither affiliated with, nor under

the direction of a government.

‘‘Product means something produced in the Basin by human

or mechanical effort or through agricultural processes and used

in manufacturing, commercial or other processes or intended for

intermediate or end use consumers. (i) Water used as part of the

packaging of a Product shall be considered to be part of the Product.

(ii) Other than Water used as part of the packaging of a Product,

Water that is used primarily to transport materials in or out of

the Basin is not a Product or part of a Product. (iii) Except as

provided in (i) above, Water which is transferred as part of a

public or private supply is not a Product or part of a Product.

(iv) Water in its natural state such as in lakes, rivers, reservoirs,

aquifers, or water basins is not a Product.

‘‘Proposal means a Withdrawal, Diversion or Consumptive

Use of Water that is subject to this Compact.

‘‘Province means Ontario or Que

bec.

‘‘Public Water Supply Purposes means water distributed

to the public through a physically connected system of treatment,

storage and distribution facilities serving a group of largely residen-

tial customers that may also serve industrial, commercial, and

other institutional operators. Water Withdrawn directly from the

Basin and not through such a system shall not be considered

to be used for Public Water Supply Purposes.

‘‘Regional Body means the members of the Council and the

Premiers of Ontario and Que

bec or their designee as established

by the Agreement.

‘‘Regional Review means the collective review by the Regional

Body as described in Article 4 of this Compact.

‘‘Source Watershed means the watershed from which a With-

drawal originates. If Water is Withdrawn directly from a Great

Lake or from the St. Lawrence River, then the Source Watershed

shall be considered to be the watershed of that Great Lake or

the watershed of the St. Lawrence River, respectively. If Water

is Withdrawn from the watershed of a stream that is a direct

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122 STAT. 3742 PUBLIC LAW 110–342—OCT. 3, 2008

tributary to a Great Lake or a direct tributary to the St. Lawrence

River, then the Source Watershed shall be considered to be the

watershed of that Great Lake or the watershed of the St. Lawrence

River, respectively, with a preference to the direct tributary stream

watershed from which it was Withdrawn.

‘‘Standard of Review and Decision means the Exception

Standard, Decision-Making Standard and reviews as outlined in

Article 4 of this Compact.

‘‘State means one of the states of Illinois, Indiana, Michigan,

Minnesota, New York, Ohio or Wisconsin or the Commonwealth

of Pennsylvania.

‘‘Straddling Community means any incorporated city, town

or the equivalent thereof, wholly within any County that lies partly

or completely within the Basin, whose corporate boundary existing

as of the effective date of this Compact, is partly within the Basin

or partly within two Great Lakes watersheds.

‘‘Technical Review means a detailed review conducted to

determine whether or not a Proposal that requires Regional Review

under this Compact meets the Standard of Review and Decision

following procedures and guidelines as set out in this Compact.

‘‘Water means ground or surface water contained within the

Basin.

‘‘Water Dependent Natural Resources means the inter-

acting components of land, Water and living organisms affected

by the Waters of the Basin.

‘‘Waters of the Basin or Basin Water means the Great

Lakes and all streams, rivers, lakes, connecting channels and other

bodies of water, including tributary groundwater, within the Basin.

‘‘Withdrawal means the taking of water from surface water

or groundwater. Withdraw has a corresponding meaning.

‘‘Section 1.3. Findings and Purposes.

‘‘The legislative bodies of the respective Parties hereby find

and declare:

‘‘1. Findings:

‘‘a. The Waters of the Basin are precious public natural

resources shared and held in trust by the States;

‘‘b. The Waters of the Basin are interconnected and

part of a single hydrologic system;

‘‘c. The Waters of the Basin can concurrently serve

multiple uses. Such multiple uses include municipal, public,

industrial, commercial, agriculture, mining, navigation,

energy development and production, recreation, the subsist-

ence, economic and cultural activities of native peoples,

Water quality maintenance, and the maintenance of fish

and wildlife habitat and a balanced ecosystem. And, other

purposes are encouraged, recognizing that such uses are

interdependent and must be balanced;

‘‘d. Future Diversions and Consumptive Uses of Basin

Water resources have the potential to significantly impact

the environment, economy and welfare of the Great Lakes—

St. Lawrence River region;

‘‘e. Continued sustainable, accessible and adequate

Water supplies for the people and economy of the Basin

are of vital importance; and,

‘‘f. The Parties have a shared duty to protect, conserve,

restore, improve and manage the renewable but finite

Waters of the Basin for the use, benefit and enjoyment

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122 STAT. 3743 PUBLIC LAW 110–342—OCT. 3, 2008

of all their citizens, including generations yet to come.

The most effective means of protecting, conserving,

restoring, improving and managing the Basin Waters is

through the joint pursuit of unified and cooperative prin-

ciples, policies and programs mutually-agreed upon,

enacted and adhered to by all Parties.

‘‘2. Purposes:

‘‘a. To act together to protect, conserve, restore, improve

and effectively manage the Waters and Water Dependent Nat-

ural Resources of the Basin under appropriate arrangements

for intergovernmental cooperation and consultation because

current lack of full scientific certainty should not be used as

a reason for postponing measures to protect the Basin Eco-

system;

‘‘b. To remove causes of present and future controversies;

‘‘c. To provide for cooperative planning and action by the

Parties with respect to such Water resources;

‘‘d. To facilitate consistent approaches to Water manage-

ment across the Basin while retaining State management

authority over Water management decisions within the Basin;

‘‘e. To facilitate the exchange of data, strengthen the sci-

entific information base upon which decisions are made and

engage in consultation on the potential effects of proposed

Withdrawals and losses on the Waters and Water Dependent

Natural Resources of the Basin;

‘‘f. To prevent significant adverse impacts of Withdrawals

and losses on the Basin’s ecosystems and watersheds;

‘‘g. To promote interstate and State-Provincial comity; and,

‘‘h. To promote an Adaptive Management approach to the

conservation and management of Basin Water resources, which

recognizes, considers and provides adjustments for the

uncertainties in, and evolution of, scientific knowledge con-

cerning the Basin’s Waters and Water Dependent Natural

Resources.

‘‘Section 1.4. Science.

‘‘1. The Parties commit to provide leadership for the develop-

ment of a collaborative strategy with other regional partners to

strengthen the scientific basis for sound Water management deci-

sion making under this Compact.

‘‘2. The strategy shall guide the collection and application of

scientific information to support:

‘‘a. An improved understanding of the individual and

Cumulative Impacts of Withdrawals from various locations and

Water sources on the Basin Ecosystem and to develop a mecha-

nism by which impacts of Withdrawals may be assessed;

‘‘b. The periodic assessment of Cumulative Impacts of With-

drawals, Diversions and Consumptive Uses on a Great Lake

and St. Lawrence River watershed basis;

‘‘c. Improved scientific understanding of the Waters of the

Basin;

‘‘d. Improved understanding of the role of groundwater

in Basin Water resources management; and,

‘‘e. The development, transfer and application of science

and research related to Water conservation and Water use

efficiency.

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122 STAT. 3744 PUBLIC LAW 110–342—OCT. 3, 2008

‘‘ARTICLE 2

‘‘ORGANIZATION

‘‘Section 2.1. Council Created.

‘‘The Great Lakes—St. Lawrence River Basin Water Resources

Council is hereby created as a body politic and corporate, with

succession for the duration of this Compact, as an agency and

instrumentality of the governments of the respective Parties.

‘‘Section 2.2. Council Membership.

‘‘The Council shall consist of the Governors of the Parties,

ex officio.

‘‘Section 2.3. Alternates.

‘‘Each member of the Council shall appoint at least one alter-

nate who may act in his or her place and stead, with authority

to attend all meetings of the Council and with power to vote

in the absence of the member. Unless otherwise provided by law

of the Party for which he or she is appointed, each alternate

shall serve during the term of the member appointing him or

her, subject to removal at the pleasure of the member. In the

event of a vacancy in the office of alternate, it shall be filled

in the same manner as an original appointment for the unexpired

term only.

‘‘Section 2.4. Voting.

‘‘1. Each member is entitled to one vote on all matters that

may come before the Council.

‘‘2. Unless otherwise stated, the rule of decision shall be by

a simple majority.

‘‘3. The Council shall annually adopt a budget for each fiscal

year and the amount required to balance the budget shall be appor-

tioned equitably among the Parties by unanimous vote of the

Council. The appropriation of such amounts shall be subject to

such review and approval as may be required by the budgetary

processes of the respective Parties.

‘‘4. The participation of Council members from a majority of

the Parties shall constitute a quorum for the transaction of business

at any meeting of the Council.

‘‘Section 2.5. Organization and Procedure.

‘‘The Council shall provide for its own organization and proce-

dure, and may adopt rules and regulations governing its meetings

and transactions, as well as the procedures and timeline for submis-

sion, review and consideration of Proposals that come before the

Council for its review and action. The Council shall organize,

annually, by the election of a Chair and Vice Chair from among

its members. Each member may appoint an advisor, who may

attend all meetings of the Council and its committees, but shall

not have voting power. The Council may employ or appoint profes-

sional and administrative personnel, including an Executive

Director, as it may deem advisable, to carry out the purposes

of this Compact.

‘‘Section 2.6. Use of Existing Offices and Agencies.

‘‘It is the policy of the Parties to preserve and utilize the

functions, powers and duties of existing offices and agencies of

government to the extent consistent with this Compact. Further,

the Council shall promote and aid the coordination of the activities

and programs of the Parties concerned with Water resources

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122 STAT. 3745 PUBLIC LAW 110–342—OCT. 3, 2008

management in the Basin. To this end, but without limitation,

the Council may:

‘‘1. Advise, consult, contract, assist or otherwise cooperate

with any and all such agencies;

‘‘2. Employ any other agency or instrumentality of any

of the Parties for any purpose; and,

‘‘3. Develop and adopt plans consistent with the Water

resources plans of the Parties.

‘‘Section 2.7. Jurisdiction.

‘‘The Council shall have, exercise and discharge its functions,

powers and duties within the limits of the Basin. Outside the

Basin, it may act in its discretion, but only to the extent such

action may be necessary or convenient to effectuate or implement

its powers or responsibilities within the Basin and subject to the

consent of the jurisdiction wherein it proposes to act.

‘‘Section 2.8. Status, Immunities and Privileges.

‘‘1. The Council, its members and personnel in their official

capacity and when engaged directly in the affairs of the Council,

its property and its assets, wherever located and by whomsoever

held, shall enjoy the same immunity from suit and every form

of judicial process as is enjoyed by the Parties, except to the extent

that the Council may expressly waive its immunity for the purposes

of any proceedings or by the terms of any contract.

‘‘2. The property and assets of the Council, wherever located

and by whomsoever held, shall be considered public property and

shall be immune from search, requisition, confiscation, expropria-

tion or any other form of taking or foreclosure by executive or

legislative action.

‘‘3. The Council, its property and its assets, income and the

operations it carries out pursuant to this Compact shall be immune

from all taxation by or under the authority of any of the Parties

or any political subdivision thereof; provided, however, that in lieu

of property taxes the Council may make reasonable payments to

local taxing districts in annual amounts which shall approximate

the taxes lawfully assessed upon similar property.

‘‘Section 2.9. Advisory Committees.

‘‘The Council may constitute and empower advisory committees,

which may be comprised of representatives of the public and of

federal, State, tribal, county and local governments, water resources

agencies, water-using industries and sectors, water-interest groups

and academic experts in related fields.

‘‘ARTICLE 3

‘‘GENERAL POWERS AND DUTIES

‘‘Section 3.1. General.

‘‘The Waters and Water Dependent Natural Resources of the

Basin are subject to the sovereign right and responsibilities of

the Parties, and it is the purpose of this Compact to provide for

joint exercise of such powers of sovereignty by the Council in

the common interests of the people of the region, in the manner

and to the extent provided in this Compact. The Council and the

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122 STAT. 3746 PUBLIC LAW 110–342—OCT. 3, 2008

Parties shall use the Standard of Review and Decision and proce-

dures contained in or adopted pursuant to this Compact as the

means to exercise their authority under this Compact.

The Council may revise the Standard of Review and Decision,

after consultation with the Provinces and upon unanimous vote

of all Council members, by regulation duly adopted in accordance

with Section 3.3 of this Compact and in accordance with each

Party’s respective statutory authorities and applicable procedures.

The Council shall identify priorities and develop plans and policies

relating to Basin Water resources. It shall adopt and promote

uniform and coordinated policies for Water resources conservation

and management in the Basin.

‘‘Section 3.2. Council Powers.

‘‘The Council may: plan; conduct research and collect, compile,

analyze, interpret, report and disseminate data on Water resources

and uses; forecast Water levels; conduct investigations; institute

court actions; design, acquire, construct, reconstruct, own, operate,

maintain, control, sell and convey real and personal property and

any interest therein as it may deem necessary, useful or convenient

to carry out the purposes of this Compact; make contracts; receive

and accept such payments, appropriations, grants, gifts, loans,

advances and other funds, properties and services as may be trans-

ferred or made available to it by any Party or by any other public

or private agency, corporation or individual; and, exercise such

other and different powers as may be delegated to it by this Compact

or otherwise pursuant to law, and have and exercise all powers

necessary or convenient to carry out its express powers or which

may be reasonably implied therefrom.

‘‘Section 3.3. Rules and Regulations.

‘‘1. The Council may promulgate and enforce such rules and

regulations as may be necessary for the implementation and

enforcement of this Compact. The Council may adopt by regulation,

after public notice and public hearing, reasonable Application fees

with respect to those Proposals for Exceptions that are subject

to Council review under Section 4.9. Any rule or regulation of

the Council, other than one which deals solely with the internal

management of the Council or its property, shall be adopted only

after public notice and hearing.

‘‘2. Each Party, in accordance with its respective statutory

authorities and applicable procedures, may adopt and enforce rules

and regulations to implement and enforce this Compact and the

programs adopted by such Party to carry out the management

programs contemplated by this Compact.

‘‘Section 3.4. Program Review and Findings.

‘‘1. Each Party shall submit a report to the Council and the

Regional Body detailing its Water management and conservation

and efficiency programs that implement this Compact. The report

shall set out the manner in which Water Withdrawals are managed

by sector, Water source, quantity or any other means, and how

the provisions of the Standard of Review and Decision and conserva-

tion and efficiency programs are implemented. The first report

shall be provided by each Party one year from the effective date

of this Compact and thereafter every 5 years.

‘‘2. The Council, in cooperation with the Provinces, shall review

its Water management and conservation and efficiency programs

Deadlines.

Reports.

Plans.

Policies.

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122 STAT. 3747 PUBLIC LAW 110–342—OCT. 3, 2008

and those of the Parties that are established in this Compact

and make findings on whether the Water management program

provisions in this Compact are being met, and if not, recommend

options to assist the Parties in meeting the provisions of this

Compact. Such review shall take place:

‘‘a. 30 days after the first report is submitted by all Parties;

and,

‘‘b. Every five years after the effective date of this Compact;

and,

‘‘c. At any other time at the request of one of the Parties.

‘‘3. As one of its duties and responsibilities, the Council may

recommend a range of approaches to the Parties with respect to

the development, enhancement and application of Water manage-

ment and conservation and efficiency programs to implement the

Standard of Review and Decision reflecting improved scientific

understanding of the Waters of the Basin, including groundwater,

and the impacts of Withdrawals on the Basin Ecosystem.

‘‘ARTICLE 4

‘‘WATER MANAGEMENT AND REGULATION

‘‘Section 4.1. Water Resources Inventory, Registration and

Reporting.

‘‘1. Within five years of the effective date of this Compact,

each Party shall develop and maintain a Water resources inventory

for the collection, interpretation, storage, retrieval exchange, and

dissemination of information concerning the Water resources of

the Party, including, but not limited to, information on the location,

type, quantity, and use of those resources and the location, type,

and quantity of Withdrawals, Diversions and Consumptive Uses.

To the extent feasible, the Water resources inventory shall be

developed in cooperation with local, State, federal, tribal and other

private agencies and entities, as well as the Council. Each Party’s

agencies shall cooperate with that Party in the development and

maintenance of the inventory.

‘‘2. The Council shall assist each Party to develop a common

base of data regarding the management of the Water Resources

of the Basin and to establish systematic arrangements for the

exchange of those data with other States and Provinces.

‘‘3. To develop and maintain a compatible base of Water use

information, within five years of the effective date of this Compact

any Person who Withdraws Water in an amount of 100,000 gallons

per day or greater average in any 30-day period (including

Consumptive Uses) from all sources, or Diverts Water of any

amount, shall register the Withdrawal or Diversion by a date set

by the Council unless the Person has previously registered in

accordance with an existing State program. The Person shall reg-

ister the Withdrawal or Diversion with the Originating Party using

a form prescribed by the Originating Party that shall include,

at a minimum and without limitation: the name and address of

the registrant and date of registration; the locations and sources

of the Withdrawal or Diversion; the capacity of the Withdrawal

or Diversion per day and the amount Withdrawn or Diverted from

each source; the uses made of the Water; places of use and places

Deadline.

Deadlines.

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122 STAT. 3748 PUBLIC LAW 110–342—OCT. 3, 2008

of discharge; and, such other information as the Originating Party

may require. All registrations shall include an estimate of the

volume of the Withdrawal or Diversion in terms of gallons per

day average in any 30-day period.

‘‘4. All registrants shall annually report the monthly volumes

of the Withdrawal, Consumptive Use and Diversion in gallons to

the Originating Party and any other information requested by the

Originating Party.

‘‘5. Each Party shall annually report the information gathered

pursuant to this Section to a Great Lakes—St. Lawrence River

Water use data base repository and aggregated information shall

be made publicly available, consistent with the confidentiality

requirements in Section 8.3.

‘‘6. Information gathered by the Parties pursuant to this Section

shall be used to improve the sources and applications of scientific

information regarding the Waters of the Basin and the impacts

of the Withdrawals and Diversions from various locations and Water

sources on the Basin Ecosystem, and to better understand the

role of groundwater in the Basin. The Council and the Parties

shall coordinate the collection and application of scientific informa-

tion to further develop a mechanism by which individual and Cumu-

lative Impacts of Withdrawals, Consumptive Uses and Diversions

shall be assessed.

‘‘Section 4.2. Water Conservation and Efficiency Programs.

‘‘1. The Council commits to identify, in cooperation with the

Provinces, Basin-wide Water conservation and efficiency objectives

to assist the Parties in developing their Water conservation and

efficiency program. These objectives are based on the goals of:

‘‘a. Ensuring improvement of the Waters and Water

Dependent Natural Resources;

‘‘b. Protecting and restoring the hydrologic and ecosystem

integrity of the Basin;

‘‘c. Retaining the quantity of surface water and ground-

water in the Basin;

‘‘d. Ensuring sustainable use of Waters of the Basin; and,

‘‘e. Promoting the efficiency of use and reducing losses

and waste of Water.

‘‘2. Within two years of the effective date of this Compact,

each Party shall develop its own Water conservation and efficiency

goals and objectives consistent with the Basin-wide goals and objec-

tives, and shall develop and implement a Water conservation and

efficiency program, either voluntary or mandatory, within its juris-

diction based on the Party’s goals and objectives. Each Party shall

annually assess its programs in meeting the Party’s goals and

objectives, report to the Council and the Regional Body and make

this annual assessment available to the public.

‘‘3. Beginning five years after the effective date of this Compact,

and every five years thereafter, the Council, in cooperation with

the Provinces, shall review and modify as appropriate the Basin-

wide objectives, and the Parties shall have regard for any such

modifications in implementing their programs. This assessment

will be based on examining new technologies, new patterns of

Water use, new resource demands and threats, and Cumulative

Impact assessment under Section 4.15.

‘‘4. Within two years of the effective date of this Compact,

the Parties commit to promote Environmentally Sound and

Economically Feasible Water Conservation Measures such as:

Deadline.

Effective date.

Deadlines.

Reports.

Public

information.

Deadline.

Reports.

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122 STAT. 3749 PUBLIC LAW 110–342—OCT. 3, 2008

‘‘a. Measures that promote efficient use of Water;

‘‘b. Identification and sharing of best management practices

and state of the art conservation and efficiency technologies;

‘‘c. Application of sound planning principles;

‘‘d. Demand-side and supply-side Measures or incentives;

and,

‘‘e. Development, transfer and application of science and

research.

‘‘5. Each Party shall implement in accordance with paragraph

2 above a voluntary or mandatory Water conservation program

for all, including existing, Basin Water users. Conservation pro-

grams need to adjust to new demands and the potential impacts

of cumulative effects and climate.

‘‘Section 4.3. Party Powers and Duties.

‘‘1. Each Party, within its jurisdiction, shall manage and regu-

late New or Increased Withdrawals, Consumptive Uses and Diver-

sions, including Exceptions, in accordance with this Compact.

‘‘2. Each Party shall require an Applicant to submit an Applica-

tion in such manner and with such accompanying information as

the Party shall prescribe.

‘‘3. No Party may approve a Proposal if the Party determines

that the Proposal is inconsistent with this Compact or the Standard

of Review and Decision or any implementing rules or regulations

promulgated thereunder. The Party may approve, approve with

modifications or disapprove any Proposal depending on the Pro-

posal’s consistency with this Compact and the Standard of Review

and Decision.

‘‘4. Each Party shall monitor the implementation of any

approved Proposal to ensure consistency with the approval and

may take all necessary enforcement actions.

‘‘5. No Party shall approve a Proposal subject to Council or

Regional Review, or both, pursuant to this Compact unless it shall

have been first submitted to and reviewed by either the Council

or Regional Body, or both, and approved by the Council, as

applicable. Sufficient opportunity shall be provided for comment

on the Proposal’s consistency with this Compact and the Standard

of Review and Decision. All such comments shall become part

of the Party’s formal record of decision, and the Party shall take

into consideration any such comments received.

‘‘Section 4.4. Requirement for Originating Party Approval.

‘‘No Proposal subject to management and regulation under

this Compact shall hereafter be undertaken by any Person unless

it shall have been approved by the Originating Party.

‘‘Section 4.5. Regional Review.

‘‘1. General.

‘‘a. It is the intention of the Parties to participate in

Regional Review of Proposals with the Provinces, as described

in this Compact and the Agreement.

‘‘b. Unless the Applicant or the Originating Party otherwise

requests, it shall be the goal of the Regional Body to conclude

its review no later than 90 days after notice under Section

4.5.2 of such Proposal is received from the Originating Party.

‘‘c. Proposals for Exceptions subject to Regional Review

shall be submitted by the Originating Party to the Regional

Body for Regional Review, and where applicable, to the Council

for concurrent review.

Deadline.

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122 STAT. 3750 PUBLIC LAW 110–342—OCT. 3, 2008

‘‘d. The Parties agree that the protection of the integrity

of the Great Lakes—St. Lawrence River Basin Ecosystem shall

be the overarching principle for reviewing Proposals subject

to Regional Review, recognizing uncertainties with respect to

demands that may be placed on Basin Water, including ground-

water, levels and flows of the Great Lakes and the St. Lawrence

River, future changes in environmental conditions, the reli-

ability of existing data and the extent to which Diversions

may harm the integrity of the Basin Ecosystem.

‘‘e. The Originating Party shall have lead responsibility

for coordinating information for resolution of issues related

to evaluation of a Proposal, and shall consult with the Applicant

throughout the Regional Review Process.

‘‘f. A majority of the members of the Regional Body may

request Regional Review of a regionally significant or poten-

tially precedent setting Proposal. Such Regional Review must

be conducted, to the extent possible, within the time frames

set forth in this Section. Any such Regional Review shall be

undertaken only after consulting the Applicant.

‘‘2. Notice from Originating Party to the Regional Body.

‘‘a. The Originating Party shall determine if a Proposal

is subject to Regional Review. If so, the Originating Party

shall provide timely notice to the Regional Body and the public.

‘‘b. Such notice shall not be given unless and until all

information, documents and the Originating Party’s Technical

Review needed to evaluate whether the Proposal meets the

Standard of Review and Decision have been provided.

‘‘c. An Originating Party may:

‘‘i. Provide notice to the Regional Body of an Applica-

tion, even if notification is not required; or,

‘‘ii. Request Regional Review of an application, even

if Regional Review is not required. Any such Regional

Review shall be undertaken only after consulting the

Applicant.

‘‘d. An Originating Party may provide preliminary notice

of a potential Proposal.

‘‘3. Public Participation.

‘‘a. To ensure adequate public participation, the Regional

Body shall adopt procedures for the review of Proposals that

are subject to Regional Review in accordance with this Article.

‘‘b. The Regional Body shall provide notice to the public

of a Proposal undergoing Regional Review. Such notice shall

indicate that the public has an opportunity to comment in

writing to the Regional Body on whether the Proposal meets

the Standard of Review and Decision.

‘‘c. The Regional Body shall hold a public meeting in the

State or Province of the Originating Party in order to receive

public comment on the issue of whether the Proposal under

consideration meets the Standard of Review and Decision.

‘‘d. The Regional Body shall consider the comments received

before issuing a Declaration of Finding.

‘‘e. The Regional Body shall forward the comments it

receives to the Originating Party.

‘‘4. Technical Review.

‘‘a. The Originating Party shall provide the Regional Body

with its Technical Review of the Proposal under consideration.

Public meetings.

Notification.

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122 STAT. 3751 PUBLIC LAW 110–342—OCT. 3, 2008

‘‘b. The Originating Party’s Technical Review shall thor-

oughly analyze the Proposal and provide an evaluation of the

Proposal sufficient for a determination of whether the Proposal

meets the Standard of Review and Decision.

‘‘c. Any member of the Regional Body may conduct their

own Technical Review of any Proposal subject to Regional

Review.

‘‘d. At the request of the majority of its members, the

Regional Body shall make such arrangements as it considers

appropriate for an independent Technical Review of a Proposal.

‘‘e. All Parties shall exercise their best efforts to ensure

that a Technical Review undertaken under Sections 4.5.4.c

and 4.5.4.d does not unnecessarily delay the decision by the

Originating Party on the Application. Unless the Applicant

or the Originating Party otherwise requests, all Technical

Reviews shall be completed no later than 60 days after the

date the notice of the Proposal was given to the Regional

Body.

‘‘5. Declaration of Finding.

‘‘a. The Regional Body shall meet to consider a Proposal.

The Applicant shall be provided with an opportunity to present

the Proposal to the Regional Body at such time.

‘‘b. The Regional Body, having considered the notice, the

Originating Party’s Technical Review, any other independent

Technical Review that is made, any comments or objections

including the analysis of comments made by the public, First

Nations and federally recognized Tribes, and any other informa-

tion that is provided under this Compact shall issue a Declara-

tion of Finding that the Proposal under consideration:

‘‘i. Meets the Standard of Review and Decision;

‘‘ii. Does not meet the Standard of Review and Decision;

or,

‘‘iii. Would meet the Standard of Review and Decision

if certain conditions were met.

‘‘c. An Originating Party may decline to participate in

a Declaration of Finding made by the Regional Body.

‘‘d. The Parties recognize and affirm that it is preferable

for all members of the Regional Body to agree whether the

Proposal meets the Standard of Review and Decision.

‘‘e. If the members of the Regional Body who participate

in the Declaration of Finding all agree, they shall issue a

written Declaration of Finding with consensus.

‘‘f. In the event that the members cannot agree, the

Regional Body shall make every reasonable effort to achieve

consensus within 25 days.

‘‘g. Should consensus not be achieved, the Regional Body

may issue a Declaration of Finding that presents different

points of view and indicates each Party’s conclusions.

‘‘h. The Regional Body shall release the Declarations of

Finding to the public.

‘‘i. The Originating Party and the Council shall consider

the Declaration of Finding before making a decision on the

Proposal.

‘‘Section 4.6. Proposals Subject to Prior Notice.

‘‘1. Beginning no later than five years of the effective date

of this Compact, the Originating Party shall provide all Parties

Effective date.

Deadlines.

Deadline.

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122 STAT. 3752 PUBLIC LAW 110–342—OCT. 3, 2008

and the Provinces with detailed and timely notice and an oppor-

tunity to comment within 90 days on any Proposal for a New

or Increased Consumptive Use of 5 million gallons per day or

greater average in any 90-day period. Comments shall address

whether or not the Proposal is consistent with the Standard of

Review and Decision. The Originating Party shall provide a

response to any such comment received from another Party.

‘‘2. A Party may provide notice, an opportunity to comment

and a response to comments even if this is not required under

paragraph 1 of this Section. Any provision of such notice and

opportunity to comment shall be undertaken only after consulting

the Applicant.

‘‘Section 4.7. Council Actions.

‘‘1. Proposals for Exceptions subject to Council Review shall

be submitted by the Originating Party to the Council for Council

Review, and where applicable, to the Regional Body for concurrent

review.

‘‘2. The Council shall review and take action on Proposals

in accordance with this Compact and the Standard of Review and

Decision. The Council shall not take action on a Proposal subject

to Regional Review pursuant to this Compact unless the Proposal

shall have been first submitted to and reviewed by the Regional

Body. The Council shall consider any findings resulting from such

review.

‘‘Section 4.8. Prohibition of New or Increased Diversions.

‘‘All New or Increased Diversions are prohibited, except as

provided for in this Article.

‘‘Section 4.9. Exceptions to the Prohibition of Diversions.

‘‘1. Straddling Communities. A Proposal to transfer Water to

an area within a Straddling Community but outside the Basin

or outside the source Great Lake Watershed shall be excepted

from the prohibition against Diversions and be managed and regu-

lated by the Originating Party provided that, regardless of the

volume of Water transferred, all the Water so transferred shall

be used solely for Public Water Supply Purposes within the Strad-

dling Community, and:

‘‘a. All Water Withdrawn from the Basin shall be returned,

either naturally or after use, to the Source Watershed less

an allowance for Consumptive Use. No surface water or ground-

water from outside the Basin may be used to satisfy any portion

of this criterion except if it:

‘‘i. Is part of a water supply or wastewater treatment

system that combines water from inside and outside of

the Basin;

‘‘ii. Is treated to meet applicable water quality dis-

charge standards and to prevent the introduction of

invasive species into the Basin;

‘‘iii. Maximizes the portion of water returned to the

Source Watershed as Basin Water and minimizes the sur-

face water or groundwater from outside the Basin;

‘‘b. If the Proposal results from a New or Increased With-

drawal of 100,000 gallons per day or greater average over

any 90-day period, the Proposal shall also meet the Exception

Standard; and,

‘‘c. If the Proposal results in a New or Increased Consump-

tive Use of 5 million gallons per day or greater average over

Proposals.

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122 STAT. 3753 PUBLIC LAW 110–342—OCT. 3, 2008

any 90-day period, the Proposal shall also undergo Regional

Review.

‘‘2. Intra-Basin Transfer. A Proposal for an Intra-Basin Transfer

that would be considered a Diversion under this Compact, and

not already excepted pursuant to paragraph 1 of this Section, shall

be excepted from the prohibition against Diversions, provided that:

‘‘a. If the Proposal results from a New or Increased With-

drawal less than 100,000 gallons per day average over any

90-day period, the Proposal shall be subject to management

and regulation at the discretion of the Originating Party.

‘‘b. If the Proposal results from a New or Increased With-

drawal 100,000 gallons per day or greater average over any

90-day period and if the Consumptive Use resulting from the

Withdrawal is less than 5 million gallons per day average

over any 90-day period:

‘‘i. The Proposal shall meet the Exception Standard

and be subject to management and regulation by the Origi-

nating Party, except that the Water may be returned to

another Great Lake watershed rather than the Source

Watershed;

‘‘ii. The Applicant shall demonstrate that there is no

feasible, cost effective, and environmentally sound water

supply alternative within the Great Lake watershed to

which the Water will be transferred, including conservation

of existing water supplies; and,

‘‘iii. The Originating Party shall provide notice to the

other Parties prior to making any decision with respect

to the Proposal.

‘‘c. If the Proposal results in a New or Increased Consump-

tive Use of 5 million gallons per day or greater average over

any 90-day period:

‘‘i. The Proposal shall be subject to management and

regulation by the Originating Party and shall meet the

Exception Standard, ensuring that Water Withdrawn shall

be returned to the Source Watershed;

‘‘ii. The Applicant shall demonstrate that there is no

feasible, cost effective, and environmentally sound water

supply alternative within the Great Lake watershed to

which the Water will be transferred, including conservation

of existing water supplies;

‘‘iii. The Proposal undergoes Regional Review; and,

‘‘iv. The Proposal is approved by the Council. Council

approval shall be given unless one or more Council Mem-

bers vote to disapprove.

‘‘3. Straddling Counties. A Proposal to transfer Water to a

Community within a Straddling County that would be considered

a Diversion under this Compact shall be excepted from the prohibi-

tion against Diversions, provided that it satisfies all of the following

conditions:

‘‘a. The Water shall be used solely for the Public Water

Supply Purposes of the Community within a Straddling County

that is without adequate supplies of potable water;

‘‘b. The Proposal meets the Exception Standard, maxi-

mizing the portion of water returned to the Source Watershed

as Basin Water and minimizing the surface water or ground-

water from outside the Basin;

Notification.

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122 STAT. 3754 PUBLIC LAW 110–342—OCT. 3, 2008

‘‘c. The Proposal shall be subject to management and regu-

lation by the Originating Party, regardless of its size;

‘‘d. There is no reasonable water supply alternative within

the basin in which the community is located, including con-

servation of existing water supplies;

‘‘e. Caution shall be used in determining whether or not

the Proposal meets the conditions for this Exception. This

Exception should not be authorized unless it can be shown

that it will not endanger the integrity of the Basin Ecosystem;

‘‘f. The Proposal undergoes Regional Review; and,

‘‘g. The Proposal is approved by the Council. Council

approval shall be given unless one or more Council Members

vote to disapprove.

A Proposal must satisfy all of the conditions listed above. Further,

substantive consideration will also be given to whether or not

the Proposal can provide sufficient scientifically based evidence

that the existing water supply is derived from groundwater that

is hydrologically interconnected to Waters of the Basin.

‘‘4. Exception Standard. Proposals subject to management and

regulation in this Section shall be declared to meet this Exception

Standard and may be approved as appropriate only when the fol-

lowing criteria are met:

‘‘a. The need for all or part of the proposed Exception

cannot be reasonably avoided through the efficient use and

conservation of existing water supplies;

‘‘b. The Exception will be limited to quantities that are

considered reasonable for the purposes for which it is proposed;

‘‘c. All Water Withdrawn shall be returned, either naturally

or after use, to the Source Watershed less an allowance for

Consumptive Use. No surface water or groundwater from the

outside the Basin may be used to satisfy any portion of this

criterion except if it:

‘‘i. Is part of a water supply or wastewater treatment

system that combines water from inside and outside of

the Basin;

‘‘ii. Is treated to meet applicable water quality dis-

charge standards and to prevent the introduction of

invasive species into the Basin;

‘‘d. The Exception will be implemented so as to ensure

that it will result in no significant individual or cumulative

adverse impacts to the quantity or quality of the Waters and

Water Dependent Natural Resources of the Basin with consider-

ation given to the potential Cumulative Impacts of any prece-

dent-setting consequences associated with the Proposal;

‘‘e. The Exception will be implemented so as to incorporate

Environmentally Sound and Economically Feasible Water Con-

servation Measures to minimize Water Withdrawals or

Consumptive Use;

‘‘f. The Exception will be implemented so as to ensure

that it is in compliance with all applicable municipal, State

and federal laws as well as regional interstate and international

agreements, including the Boundary Waters Treaty of 1909;

and,

‘‘g. All other applicable criteria in Section 4.9 have also

been met.

‘‘Section 4.10. Management and Regulation of New or

Increased Withdrawals and Consumptive Uses.

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122 STAT. 3755 PUBLIC LAW 110–342—OCT. 3, 2008

‘‘1. Within five years of the effective date of this Compact,

each Party shall create a program for the management and regula-

tion of New or Increased Withdrawals and Consumptive Uses by

adopting and implementing Measures consistent with the Decision-

Making Standard. Each Party, through a considered process, shall

set and may modify threshold levels for the regulation of New

or Increased Withdrawals in order to assure an effective and effi-

cient Water management program that will ensure that uses overall

are reasonable, that Withdrawals overall will not result in signifi-

cant impacts to the Waters and Water Dependent Natural Resources

of the Basin, determined on the basis of significant impacts to

the physical, chemical, and biological integrity of Source Water-

sheds, and that all other objectives of the Compact are achieved.

Each Party may determine the scope and thresholds of its program,

including which New or Increased Withdrawals and Consumptive

Uses will be subject to the program.

‘‘2. Any Party that fails to set threshold levels that comply

with Section 4.10.1 any time before 10 years after the effective

date of this Compact shall apply a threshold level for management

and regulation of all New or Increased Withdrawals of 100,000

gallons per day or greater average in any 90 day period.

‘‘3. The Parties intend programs for New or Increased With-

drawals and Consumptive Uses to evolve as may be necessary

to protect Basin Waters. Pursuant to Section 3.4, the Council,

in cooperation with the Provinces, shall periodically assess the

Water management programs of the Parties. Such assessments

may produce recommendations for the strengthening of the pro-

grams, including without limitation, establishing lower thresholds

for management and regulation in accordance with the Decision-

Making Standard.

‘‘Section 4.11. Decision-Making Standard.

‘‘Proposals subject to management and regulation in Section

4.10 shall be declared to meet this Decision-Making Standard and

may be approved as appropriate only when the following criteria

are met:

‘‘1. All Water Withdrawn shall be returned, either naturally

or after use, to the Source Watershed less an allowance for

Consumptive Use;

‘‘2. The Withdrawal or Consumptive Use will be imple-

mented so as to ensure that the Proposal will result in no

significant individual or cumulative adverse impacts to the

quantity or quality of the Waters and Water Dependent Natural

Resources and the applicable Source Watershed;

‘‘3. The Withdrawal or Consumptive Use will be imple-

mented so as to incorporate Environmentally Sound and

Economically Feasible Water Conservation Measures;

‘‘4. The Withdrawal or Consumptive Use will be imple-

mented so as to ensure that it is in compliance with all

applicable municipal, State and federal laws as well as regional

interstate and international agreements, including the

Boundary Waters Treaty of 1909;

‘‘5. The proposed use is reasonable, based upon a consider-

ation of the following factors:

‘‘a. Whether the proposed Withdrawal or Consumptive

Use is planned in a fashion that provides for efficient

use of the water, and will avoid or minimize the waste

of Water;

Assessment.

Deadline.

Applicability.

Deadline.

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122 STAT. 3756 PUBLIC LAW 110–342—OCT. 3, 2008

‘‘b. If the Proposal is for an increased Withdrawal

or Consumptive use, whether efficient use is made of

existing water supplies;

‘‘c. The balance between economic development, social

development and environmental protection of the proposed

Withdrawal and use and other existing or planned with-

drawals and water uses sharing the water source;

‘‘d. The supply potential of the water source, consid-

ering quantity, quality, and reliability and safe yield of

hydrologically interconnected water sources;

‘‘e. The probable degree and duration of any adverse

impacts caused or expected to be caused by the proposed

Withdrawal and use under foreseeable conditions, to other

lawful consumptive or non-consumptive uses of water or

to the quantity or quality of the Waters and Water

Dependent Natural Resources of the Basin, and the pro-

posed plans and arrangements for avoidance or mitigation

of such impacts; and,

‘‘f. If a Proposal includes restoration of hydrologic

conditions and functions of the Source Watershed, the Party

may consider that.

‘‘Section 4.12. Applicability.

‘‘1. Minimum Standard. This Standard of Review and Decision

shall be used as a minimum standard. Parties may impose a more

restrictive decision-making standard for Withdrawals under their

authority. It is also acknowledged that although a Proposal meets

the Standard of Review and Decision it may not be approved under

the laws of the Originating Party that has implemented more

restrictive Measures.

‘‘2. Baseline.

‘‘a. To establish a baseline for determining a New or

Increased Diversion, Consumptive Use or Withdrawal, each

Party shall develop either or both of the following lists for

their jurisdiction:

‘‘i. A list of existing Withdrawal approvals as of the

effective date of the Compact;

‘‘ii. A list of the capacity of existing systems as of

the effective date of this Compact. The capacity of the

existing systems should be presented in terms of With-

drawal capacity, treatment capacity, distribution capacity,

or other capacity limiting factors. The capacity of the

existing systems must represent the state of the systems.

Existing capacity determinations shall be based upon

approval limits or the most restrictive capacity information.

‘‘b. For all purposes of this Compact, volumes of Diversions,

Consumptive Uses, or Withdrawals of Water set forth in the

list(s) prepared by each Party in accordance with this Section,

shall constitute the baseline volume.

‘‘c. The list(s) shall be furnished to the Regional Body

and the Council within one year of the effective date of this

Compact.

‘‘3. Timing of Additional Applications. Applications for New

or Increased Withdrawals, Consumptive Uses or Exceptions shall

be considered cumulatively within ten years of any application.

‘‘4. Change of Ownership. Unless a new owner proposes a

project that shall result in a Proposal for a New or Increased

Diversion or Consumptive Use subject to Regional Review or Council

Records.

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122 STAT. 3757 PUBLIC LAW 110–342—OCT. 3, 2008

approval, the change of ownership in and of itself shall not require

Regional Review or Council approval.

‘‘5. Groundwater. The Basin surface water divide shall be used

for the purpose of managing and regulating New or Increased

Diversions, Consumptive Uses or Withdrawals of surface water

and groundwater.

‘‘6. Withdrawal Systems. The total volume of surface water

and groundwater resources that supply a common distribution

system shall determine the volume of a Withdrawal, Consumptive

Use or Diversion.

‘‘7. Connecting Channels. The watershed of each Great Lake

shall include its upstream and downstream connecting channels.

‘‘8. Transmission in Water Lines. Transmission of Water within

a line that extends outside the Basin as it conveys Water from

one point to another within the Basin shall not be considered

a Diversion if none of the Water is used outside the Basin.

‘‘9. Hydrologic Units. The Lake Michigan and Lake Huron

watersheds shall be considered to be a single hydrologic unit and

watershed.

‘‘10. Bulk Water Transfer. A Proposal to Withdraw Water and

to remove it from the Basin in any container greater than 5.7

gallons shall be treated under this Compact in the same manner

as a Proposal for a Diversion. Each Party shall have the discretion,

within its jurisdiction, to determine the treatment of Proposals

to Withdraw Water and to remove it from the Basin in any container

of 5.7 gallons or less.

‘‘Section 4.13. Exemptions.

‘‘Withdrawals from the Basin for the following purposes are

exempt from the requirements of Article 4.

‘‘1. To supply vehicles, including vessels and aircraft,

whether for the needs of the persons or animals being trans-

ported or for ballast or other needs related to the operation

of the vehicles.

‘‘2. To use in a non-commercial project on a short-term

basis for firefighting, humanitarian, or emergency response

purposes.

‘‘Section 4.14. U.S. Supreme Court Decree: Wisconsin et al.

v. Illinois et al.

‘‘1. Notwithstanding any terms of this Compact to the contrary,

with the exception of Paragraph 5 of this Section, current, New

or Increased Withdrawals, Consumptive Uses and Diversions of

Basin Water by the State of Illinois shall be governed by the

terms of the United States Supreme Court decree in Wisconsin

et al. v. Illinois et al. and shall not be subject to the terms of

this Compact nor any rules or regulations promulgated pursuant

to this Compact. This means that, with the exception of Paragraph

5 of this Section, for purposes of this Compact, current, New or

Increased Withdrawals, Consumptive Uses and Diversions of Basin

Water within the State of Illinois shall be allowed unless prohibited

by the terms of the United States Supreme Court decree in Wis-

consin et al. v. Illinois et al.

‘‘2. The Parties acknowledge that the United States Supreme

Court decree in Wisconsin et al. v. Illinois et al. shall continue

in full force and effect, that this Compact shall not modify any

terms thereof, and that this Compact shall grant the parties no

additional rights, obligations, remedies or defenses thereto. The

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122 STAT. 3758 PUBLIC LAW 110–342—OCT. 3, 2008

Parties specifically acknowledge that this Compact shall not pro-

hibit or limit the State of Illinois in any manner from seeking

additional Basin Water as allowed under the terms of the United

States Supreme Court decree in Wisconsin et al. v. Illinois et

al., any other party from objecting to any request by the State

of Illinois for additional Basin Water under the terms of said

decree, or any party from seeking any other type of modification

to said decree. If an application is made by any party to the

Supreme Court of the United States to modify said decree, the

Parties to this Compact who are also parties to the decree shall

seek formal input from the Canadian Provinces of Ontario and

Que

bec, with respect to the proposed modification, use best efforts

to facilitate the appropriate participation of said Provinces in the

proceedings to modify the decree, and shall not unreasonably

impede or restrict such participation.

‘‘3. With the exception of Paragraph 5 of this Section, because

current, New or Increased Withdrawals, Consumptive Uses and

Diversions of Basin Water by the State of Illinois are not subject

to the terms of this Compact, the State of Illinois is prohibited

from using any term of this Compact, including Section 4.9, to

seek New or Increased Withdrawals, Consumptive Uses or Diver-

sions of Basin Water.

‘‘4. With the exception of Paragraph 5 of this Section, because

Sections 4.3, 4.4, 4.5, 4.6, 4.7, 4.8, 4.9, 4.10, 4.11, 4.12 (Paragraphs

1, 2, 3, 4, 6 and 10 only), and 4.13 of this Compact all relate

to current, New or Increased Withdrawals, Consumptive Uses and

Diversions of Basin Waters, said provisions do not apply to the

State of Illinois. All other provisions of this Compact not listed

in the preceding sentence shall apply to the State of Illinois,

including the Water Conservation Programs provision of Section

4.2.

‘‘5. In the event of a Proposal for a Diversion of Basin Water

for use outside the territorial boundaries of the Parties to this

Compact, decisions by the State of Illinois regarding such a Proposal

would be subject to all terms of this Compact, except Paragraphs

1, 3 and 4 of this Section.

‘‘6. For purposes of the State of Illinois’ participation in this

Compact, the entirety of this Section 4.14 is necessary for the

continued implementation of this Compact and, if severed, this

Compact shall no longer be binding on or enforceable by or against

the State of Illinois.

‘‘Section 4.15. Assessment of Cumulative Impacts.

‘‘1. The Parties in cooperation with the Provinces shall collec-

tively conduct within the Basin, on a Lake watershed and St.

Lawrence River Basin basis, a periodic assessment of the Cumu-

lative Impacts of Withdrawals, Diversions and Consumptive Uses

from the Waters of the Basin, every 5 years or each time the

incremental Basin Water losses reach 50 million gallons per day

average in any 90-day period in excess of the quantity at the

time of the most recent assessment, whichever comes first, or at

the request of one or more of the Parties. The assessment shall

form the basis for a review of the Standard of Review and Decision,

Council and Party regulations and their application. This assess-

ment shall:

‘‘a. Utilize the most current and appropriate guidelines

for such a review, which may include but not be limited to

Deadlines.

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122 STAT. 3759 PUBLIC LAW 110–342—OCT. 3, 2008

Council on Environmental Quality and Environment Canada

guidelines;

‘‘b. Give substantive consideration to climate change or

other significant threats to Basin Waters and take into account

the current state of scientific knowledge, or uncertainty, and

appropriate Measures to exercise caution in cases of uncertainty

if serious damage may result;

‘‘c. Consider adaptive management principles and

approaches, recognizing, considering and providing adjustments

for the uncertainties in, and evolution of science concerning

the Basin’s water resources, watersheds and ecosystems,

including potential changes to Basin-wide processes, such as

lake level cycles and climate.

‘‘2. The Parties have the responsibility of conducting this Cumu-

lative Impact assessment. Applicants are not required to participate

in this assessment.

‘‘3. Unless required by other statutes, Applicants are not

required to conduct a separate cumulative impact assessment in

connection with an Application but shall submit information about

the potential impacts of a Proposal to the quantity or quality

of the Waters and Water Dependent Natural Resources of the

applicable Source Watershed. An Applicant may, however, provide

an analysis of how their Proposal meets the no significant adverse

Cumulative Impact provision of the Standard of Review and Deci-

sion.

‘‘ARTICLE 5

‘‘TRIBAL CONSULTATION

‘‘Section 5.1. Consultation with Tribes.

‘‘1. In addition to all other opportunities to comment pursuant

to Section 6.2, appropriate consultations shall occur with federally

recognized Tribes in the Originating Party for all Proposals subject

to Council or Regional Review pursuant to this Compact. Such

consultations shall be organized in the manner suitable to the

individual Proposal and the laws and policies of the Originating

Party.

‘‘2. All federally recognized Tribes within the Basin shall receive

reasonable notice indicating that they have an opportunity to com-

ment in writing to the Council or the Regional Body, or both,

and other relevant organizations on whether the Proposal meets

the requirements of the Standard of Review and Decision when

a Proposal is subject to Regional Review or Council approval. Any

notice from the Council shall inform the Tribes of any meeting

or hearing that is to be held under Section 6.2 and invite them

to attend. The Parties and the Council shall consider the comments

received under this Section before approving, approving with modi-

fications or disapproving any Proposal subject to Council or Regional

Review.

‘‘3. In addition to the specific consultation mechanisms

described above, the Council shall seek to establish mutually-agreed

upon mechanisms or processes to facilitate dialogue with, and input

from federally recognized Tribes on matters to be dealt with by

the Council; and, the Council shall seek to establish mechanisms

Notification.

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122 STAT. 3760 PUBLIC LAW 110–342—OCT. 3, 2008

and processes with federally recognized Tribes designed to facilitate

on-going scientific and technical interaction and data exchange

regarding matters falling within the scope of this Compact. This

may include participation of tribal representatives on advisory

committees established under this Compact or such other processes

that are mutually-agreed upon with federally recognized Tribes

individually or through duly-authorized intertribal agencies or

bodies.

‘‘ARTICLE 6

‘‘PUBLIC PARTICIPATION

‘‘Section 6.1. Meetings, Public Hearings and Records.

‘‘1. The Parties recognize the importance and necessity of public

participation in promoting management of the Water Resources

of the Basin. Consequently, all meetings of the Council shall be

open to the public, except with respect to issues of personnel.

‘‘2. The minutes of the Council shall be a public record open

to inspection at its offices during regular business hours.

‘‘Section 6.2. Public Participation.

‘‘It is the intent of the Council to conduct public participation

processes concurrently and jointly with processes undertaken by

the Parties and through Regional Review. To ensure adequate public

participation, each Party or the Council shall ensure procedures

for the review of Proposals subject to the Standard of Review

and Decision consistent with the following requirements:

‘‘1. Provide public notification of receipt of all Applications

and a reasonable opportunity for the public to submit comments

before Applications are acted upon.

‘‘2. Assure public accessibility to all documents relevant

to an Application, including public comment received.

‘‘3. Provide guidance on standards for determining whether

to conduct a public meeting or hearing for an Application,

time and place of such a meeting(s) or hearing(s), and proce-

dures for conducting of the same.

‘‘4. Provide the record of decision for public inspection

including comments, objections, responses and approvals,

approvals with conditions and disapprovals.

‘‘ARTICLE 7

‘‘DISPUTE RESOLUTION AND ENFORCEMENT

‘‘Section 7.1. Good Faith Implementation.

‘‘Each of the Parties pledges to support implementation of all

provisions of this Compact, and covenants that its officers and

agencies shall not hinder, impair, or prevent any other Party car-

rying out any provision of this Compact.

‘‘Section 7.2. Alternative Dispute Resolution.

‘‘1. Desiring that this Compact be carried out in full, the Parties

agree that disputes between the Parties regarding interpretation,

application and implementation of this Compact shall be settled

by alternative dispute resolution.

Records.

Guidance.

Notification.

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122 STAT. 3761 PUBLIC LAW 110–342—OCT. 3, 2008

‘‘2. The Council, in consultation with the Provinces, shall pro-

vide by rule procedures for the resolution of disputes pursuant

to this section.

‘‘Section 7.3. Enforcement.

‘‘1. Any Person aggrieved by any action taken by the Council

pursuant to the authorities contained in this Compact shall be

entitled to a hearing before the Council. Any Person aggrieved

by a Party action shall be entitled to a hearing pursuant to the

relevant Party’s administrative procedures and laws. After exhaus-

tion of such administrative remedies, (i) any aggrieved Person shall

have the right to judicial review of a Council action in the United

States District Courts for the District of Columbia or the District

Court in which the Council maintains offices, provided such action

is commenced within 90 days; and, (ii) any aggrieved Person shall

have the right to judicial review of a Party’s action in the relevant

Party’s court of competent jurisdiction, provided that an action

or proceeding for such review is commenced within the time frames

provided for by the Party’s law. For the purposes of this paragraph,

a State or Province is deemed to be an aggrieved Person with

respect to any Party action pursuant to this Compact.

‘‘2. a. Any Party or the Council may initiate actions to compel

compliance with the provisions of this Compact, and the rules

and regulations promulgated hereunder by the Council. Jurisdiction

over such actions is granted to the court of the relevant Party,

as well as the United States District Courts for the District of

Columbia and the District Court in which the Council maintains

offices. The remedies available to any such court shall include,

but not be limited to, equitable relief and civil penalties.

‘‘b. Each Party may issue orders within its respective jurisdic-

tion and may initiate actions to compel compliance with the provi-

sions of its respective statutes and regulations adopted to implement

the authorities contemplated by this Compact in accordance with

the provisions of the laws adopted in each Party’s jurisdiction.

‘‘3. Any aggrieved Person, Party or the Council may commence

a civil action in the relevant Party’s courts and administrative

systems to compel any Person to comply with this Compact should

any such Person, without approval having been given, undertake

a New or Increased Withdrawal, Consumptive Use or Diversion

that is prohibited or subject to approval pursuant to this Compact.

‘‘a. No action under this subsection may be commenced

if:

‘‘i. The Originating Party or Council approval for the

New or Increased Withdrawal, Consumptive Use or Diver-

sion has been granted; or,

‘‘ii. The Originating Party or Council has found that

the New or Increased Withdrawal, Consumptive Use or

Diversion is not subject to approval pursuant to this Com-

pact.

‘‘b. No action under this subsection may be commenced

unless:

‘‘i. A Person commencing such action has first given

60 days prior notice to the Originating Party, the Council

and Person alleged to be in noncompliance; and,

‘‘ii. Neither the Originating Party nor the Council has

commenced and is diligently prosecuting appropriate

enforcement actions to compel compliance with this Com-

pact.

Deadline.

Notification.

Deadlines.

Procedures.

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122 STAT. 3762 PUBLIC LAW 110–342—OCT. 3, 2008

The available remedies shall include equitable relief, and the

prevailing or substantially prevailing party may recover the

costs of litigation, including reasonable attorney and expert

witness fees, whenever the court determines that such an award

is appropriate.

‘‘4. Each of the Parties may adopt provisions providing addi-

tional enforcement mechanisms and remedies including equitable

relief and civil penalties applicable within its jurisdiction to assist

in the implementation of this Compact.

‘‘ARTICLE 8

‘‘ADDITIONAL PROVISIONS

‘‘Section 8.1. Effect on Existing Rights.

‘‘1. Nothing in this Compact shall be construed to affect, limit,

diminish or impair any rights validly established and existing as

of the effective date of this Compact under State or federal law

governing the Withdrawal of Waters of the Basin.

‘‘2. Nothing contained in this Compact shall be construed as

affecting or intending to affect or in any way to interfere with

the law of the respective Parties relating to common law Water

rights.

‘‘3. Nothing in this Compact is intended to abrogate or derogate

from treaty rights or rights held by any Tribe recognized by the

federal government of the United States based upon its status

as a Tribe recognized by the federal government of the United

States.

‘‘4. An approval by a Party or the Council under this Compact

does not give any property rights, nor any exclusive privileges,

nor shall it be construed to grant or confer any right, title, easement,

or interest in, to or over any land belonging to or held in trust

by a Party; neither does it authorize any injury to private property

or invasion of private rights, nor infringement of federal, State

or local laws or regulations; nor does it obviate the necessity of

obtaining federal assent when necessary.

‘‘Section 8.2. Relationship to Agreements Concluded by the

United States of America.

‘‘1. Nothing in this Compact is intended to provide nor shall

be construed to provide, directly or indirectly, to any Person any

right, claim or remedy under any treaty or international agreement

nor is it intended to derogate any right, claim, or remedy that

already exists under any treaty or international agreement.

‘‘2. Nothing in this Compact is intended to infringe nor shall

be construed to infringe upon the treaty power of the United States

of America, nor shall any term hereof be construed to alter or

amend any treaty or term thereof that has been or may hereafter

be executed by the United States of America.

‘‘3. Nothing in this Compact is intended to affect nor shall

be construed to affect the application of the Boundary Waters

Treaty of 1909 whose requirements continue to apply in addition

to the requirements of this Compact.

‘‘Section 8.3. Confidentiality.

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122 STAT. 3763 PUBLIC LAW 110–342—OCT. 3, 2008

‘‘1. Nothing in this Compact requires a Party to breach confiden-

tiality obligations or requirements prohibiting disclosure, or to com-

promise security of commercially sensitive or proprietary informa-

tion.

‘‘2. A Party may take measures, including but not limited

to deletion and redaction, deemed necessary to protect any confiden-

tial, proprietary or commercially sensitive information when distrib-

uting information to other Parties. The Party shall summarize

or paraphrase any such information in a manner sufficient for

the Council to exercise its authorities contained in this Compact.

‘‘Section 8.4. Additional Laws.

‘‘Nothing in this Compact shall be construed to repeal, modify

or qualify the authority of any Party to enact any legislation or

enforce any additional conditions and restrictions regarding the

management and regulation of Waters within its jurisdiction.

‘‘Section 8.5. Amendments and Supplements.

‘‘The provisions of this Compact shall remain in full force

and effect until amended by action of the governing bodies of

the Parties and consented to and approved by any other necessary

authority in the same manner as this Compact is required to

be ratified to become effective.

‘‘Section 8.6. Severability.

‘‘Should a court of competent jurisdiction hold any part of

this Compact to be void or unenforceable, it shall be considered

severable from those portions of the Compact capable of continued

implementation in the absence of the voided provisions. All other

provisions capable of continued implementation shall continue in

full force and effect.

‘‘Section 8.7. Duration of Compact and Termination.

‘‘Once effective, the Compact shall continue in force and remain

binding upon each and every Party unless terminated.

This Compact may be terminated at any time by a majority vote

of the Parties. In the event of such termination, all rights estab-

lished under it shall continue unimpaired.

‘‘ARTICLE 9

‘‘EFFECTUATION

‘‘Section 9.1. Repealer.

‘‘All acts and parts of acts inconsistent with this act are to

the extent of such inconsistency hereby repealed.

‘‘Section 9.2. Effectuation by Chief Executive.

‘‘The Governor is authorized to take such action as may be

necessary and proper in his or her discretion to effectuate the

Compact and the initial organization and operation thereunder.

‘‘Section 9.3. Entire Agreement.

‘‘The Parties consider this Compact to be complete and an

integral whole. Each provision of this Compact is considered mate-

rial to the entire Compact, and failure to implement or adhere

to any provision may be considered a material breach. Unless

otherwise noted in this Compact, any change or amendment made

to the Compact by any Party in its implementing legislation or

by the U.S. Congress when giving its consent to this Compact

is not considered effective unless concurred in by all Parties.

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122 STAT. 3764 PUBLIC LAW 110–342—OCT. 3, 2008

LEGISLATIVE HISTORY—S.J. Res. 45 (H.R. 6577):

CONGRESSIONAL RECORD, Vol. 154 (2008):

Aug. 1, considered and passed Senate.

Sept. 22, 23, considered and passed House.

‘‘Section 9.4. Effective Date and Execution.

‘‘This Compact shall become binding and effective when ratified

through concurring legislation by the states of Illinois, Indiana,

Michigan, Minnesota, New York, Ohio and Wisconsin and the

Commonwealth of Pennsylvania and consented to by the Congress

of the United States. This Compact shall be signed and sealed

in nine identical original copies by the respective chief executives

of the signatory Parties. One such copy shall be filed with the

Secretary of State of each of the signatory Parties or in accordance

with the laws of the state in which the filing is made, and one

copy shall be filed and retained in the archives of the Council

upon its organization. The signatures shall be affixed and attested

under the following form:

‘‘In Witness Whereof, and in evidence of the adoption and

enactment into law of this Compact by the legislatures of the

signatory parties and consent by the Congress of the United States,

the respective Governors do hereby, in accordance with the

authority conferred by law, sign this Compact in nine duplicate

original copies, attested by the respective Secretaries of State, and

have caused the seals of the respective states to be hereunto affixed

this llll day of (month), (year).’’: Now, therefore, be it

Resolved by the Senate and House of Representatives of the

United States of America in Congress assembled, That—

(1) Congress consents to and approves the interstate com-

pact regarding water resources in the Great Lakes—St. Law-

rence River Basin described in the preamble;

(2) until a Great Lakes Water Compact is ratified and

enforceable, laws in effect as of the date of enactment of this

resolution provide protection sufficient to prevent Great Lakes

water diversions; and

(3) Congress expressly reserves the right to alter, amend,

or repeal this resolution.

Approved October 3, 2008.

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