§ 14-25-13-4 — Great Lakes Basin Compact

Indiana § 14-25-13-4

• Jurisdiction: Indiana
• Art. 25: WATER RIGHTS AND RESOURCES
• Ch. 13: Great Lakes Basin Compact

Text

The Great Lakes Basin Compact is ratified,
enacted into law, and entered into by Indiana as a party thereto with
any other state or province which, pursuant to Article 2 of the compact,
has legally joined therein in the form substantially as follows:
Article 1.
The purposes of this compact are, through means of joint or
cooperative action, the following:
(1) To promote the orderly, integrated, and comprehensive
development, use, and conservation of the water resources of the
Great Lakes Basin.
(2) To plan for the welfare and development of the water
resources of the Basin as a whole as well as for those portions of
the Basin which may have problems of special concern.
(3) To make it possible for the states of the Basin and their people
to derive the maximum benefit from utilization of public works,
in the form of navigational aids or otherwise, which may exist or
which may be constructed from time to time.
(4) To advise in securing and maintaining a proper balance among
industrial, commercial, agricultural, water supply, residential,
recreational, and other legitimate uses of the water resources of
the Basin.
(5) To establish and maintain an intergovernmental agency to the
end that the purposes of this compact may be accomplished more
effectively.
Article 2.
(a) This compact shall enter into force and become effective and
binding when the compact has been enacted by the legislatures of any
four of the States of Illinois, Indiana, Michigan, Minnesota, New York,
Ohio, Pennsylvania, and Wisconsin and thereafter shall enter into force
and become effective and binding as to any other of the states when
enacted by the legislature of the other state.
(b) The Province of Ontario and the Province of Quebec, or either
of them, may become states party to this compact by taking such action
as their laws and the laws of the Government of Canada may prescribe
for adherence thereto.
Article 3.
The Great Lakes Commission created by Article 4 of this compact
shall exercise the Commission's powers and perform the Commission's
functions in respect to the Basin which, for the purposes of this
compact, shall consist of so much of the following as may be within the
party states:
(1) Lakes Erie, Huron, Michigan, Ontario, St. Clair, Superior, and
the St. Lawrence River, together with any and all natural or
man-made water interconnections between or among them.
(2) All rivers, ponds, lakes, streams, and other watercourses
which, in their natural state or in their prevailing condition, are
tributary to Lakes Erie, Huron, Michigan, Ontario, St. Clair, and
Superior or any of them or which comprise part of any watershed
draining into any of the lakes.
Article 4.
(a) There is created an agency of the party states to be known as The
Great Lakes Commission. In that name the Commission may sue and
be sued and acquire, hold, and convey real and personal property and
any interest therein. The Commission shall have a seal with the words
"The Great Lakes Commission" and such other design as the
Commission may prescribe engraved thereon by which the
Commission shall authenticate the Commission's proceedings.
Transactions involving real or personal property shall conform to the
laws of the state in which the property is located, and the Commission
may by bylaws provide for the execution and acknowledgment of all
instruments in the Commission's behalf.
(b) The Commission shall be composed of not less than three (3)
commissioners nor more than five (5) commissioners from each party
state designated or appointed in accordance with the law of the state
which they represent and serving and subject to removal in accordance
with such law.
(c) Each state delegation shall be entitled to three (3) votes in the
Commission. The presence of commissioners from a majority of the
party states shall constitute a quorum for the transaction of business at
any meeting of the Commission. Actions of the Commission shall be
by a majority of the votes cast, except that any recommendations made
pursuant to Article 6 of this compact shall require an affirmative vote
of not less than a majority of the votes cast from each of a majority of
the states present and voting.
(d) The commissioners of any two (2) or more party states may meet
separately to consider problems of particular interest to their states but
no action taken at any such meeting shall be deemed an action of the
Commission unless and until the Commission shall specifically
approve the action.
(e) In the absence of any commissioner, the commissioner's vote
may be cast by another representative or commissioner of the
commissioner's state provided that the commissioner or other
representative casting the vote shall have a written proxy in proper
form as may be required by the Commission.
(f) The Commission shall elect annually from among the
Commission's members a chairman and vice chairman. The
Commission shall appoint an Executive Director who shall also act as
secretary-treasurer and who shall be bonded in such amount as the
Commission may require. The Executive Director shall serve at the
pleasure of the Commission and at such compensation and under such
terms and conditions as may be fixed by the Commission. The
Executive Director shall be custodian of the records of the Commission
with authority to affix the Commission's official seal and to attest to
and certify such records or copies of the Commission.
(g) The Executive Director, subject to the approval of the
Commission in such cases as the Commission's bylaws may provide,
shall appoint and remove or discharge such personnel as may be
necessary for the performance of the Commission's functions. Subject
to the approval, the Executive Director may fix the compensation,
define the duties, and require bonds of such of the personnel as the
Commission may designate.
(h) The Executive Director, on behalf of, as trustee for, and with the
approval of the Commission, may do the following:
(1) Borrow, accept, or contract for the services of personnel from:
(A) any state or government or any subdivision or agency of a
state or government;
(B) any intergovernmental agency; or
(C) any institution, person, firm, limited liability company, or
corporation.
(2) Accept, receive, and utilize for any of the Commission's
purposes and functions under this compact any and all donations,
gifts, and grants of money, equipment, supplies, materials, and
services from any state or government or any subdivision or
agency of a state or government or intergovernmental agency or
from any institution, person, firm, limited liability company, or
corporation.
(i) The Commission may establish and maintain one (1) or more
offices for the transacting of the Commission's business and for such
purposes the Executive Director, on behalf of, as trustee for, and with
the approval of the Commission, may acquire, hold, and dispose of real
and personal property necessary to the performance of the
Commission's functions.
(j) No tax levied or imposed by any party state or any political
subdivisions of a party state shall be deemed to apply to property,
transactions, or income of the Commission.
(k) The Commission may adopt, amend, and rescind bylaws, rules,
and regulations for the conduct of the Commission's business and may
adopt an official seal.
(l) The organization meeting of the Commission shall be held within
six months from the effective date of this compact.
(m) The Commission and the Executive Director shall make
available to the party states any information within the Commission's
possession and shall always provide free access to the Commission's
records by duly authorized representatives of such party states.
(n) The Commission shall keep a written record of the Commission's
meetings and proceedings and shall annually make a report of the
meetings and proceedings to be submitted to the duly designated
official of each party state.
(o) The Commission shall make and transmit annually to the
legislature and Governor of each party state a report covering the
activities of the Commission for the preceding year and embodying
such recommendations as may have been adopted by the Commission.
The Commission may issue such additional reports as the Commission
may deem desirable.
Article 5.
(a) The members of the Commission shall serve without
compensation, but the expenses of each commissioner shall be met by
the state which the Commissioner represents in accordance with the
law of that state. All other expenses incurred by the Commission in the
course of exercising the powers conferred upon the Commission by this
compact, unless met in some other manner specifically provided by this
compact, shall be paid by the Commission out of the Commission's
own funds.
(b) The Commission shall submit to the executive head or
designated officer of each party state a budget of the Commission's
estimated expenditures for such period as may be required by the laws
of that state for presentation to the legislature of the state.
(c) Each of the Commission's budgets of estimated expenditures
shall contain specific recommendations of the amount or amounts to be
appropriated by each of the party states. Detailed Commission budgets
shall be recommended by a majority of the votes cast, and the costs
shall be allocated equitably among the party states in accordance with
the respective interests of the party states.
(d) The Commission shall not pledge the credit of any party state.
The Commission may meet any of the Commission's obligations in
whole or in part with funds available to the Commission under Article
4(h) of this compact, provided that the Commission takes specific
action setting aside such funds prior to the incurring of any obligations
to be met in whole or in part in this manner. Except where the
Commission makes use of funds available to the Commission under
Article 4(h) of this compact, the Commission shall not incur any
obligations prior to the allotment of funds by the party states adequate
to meet the same.
(e) The Commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the Commission
shall be subject to the audit and accounting procedures established
under the bylaws. However, all receipts and disbursements of funds
handled by the Commission shall be audited yearly by a qualified
public accountant and the report of the audit shall be included in and
become a part of the annual report of the Commission.
(f) The accounts of the Commission shall be open at any reasonable
time for inspection by such agency, representative, or representatives
of the party states as may be duly constituted for that purpose and by
others who may be authorized by the Commission.
Article 6.
The Commission shall have power to do the following:
(1) Collect, correlate, interpret, and report on data relating to the
water resources and the use of the water resources in the Basin or
any portion of the Basin.
(2) Recommend methods for the orderly, efficient, and balanced
development, use, and conservation of the water resources of the
Basin or any portion of the Basin to the party states and to any
other governments or agencies having interests in or jurisdiction
over the Basin or any portion of the Basin.
(3) Consider the need for and desirability of public works and
improvements relating to the water resources in the Basin or any
portion of the Basin.
(4) Consider means of improving navigation and port facilities in
the Basin or any portion of the Basin.
(5) Consider means of improving and maintaining the fisheries of
the Basin or any portion of the Basin.
(6) Recommend policies relating to water resources, including the
institution and alteration of flood plain and other zoning laws,
ordinances, and regulations.
(7) Recommend uniform or other laws, ordinances, or regulations
relating to the development, use, and conservation of the Basin's
water resources to the party states or any of the party states and to
other governments, political subdivisions, agencies, or
intergovernmental bodies having interests in or jurisdiction
sufficient to affect conditions in the Basin or any portion of the
Basin.
(8) Consider and recommend amendments or agreements
supplementary to this compact to the party states or any of the
party states and assist in the formulation and drafting of such
amendments or supplementary agreements.
(9) Prepare and publish reports, bulletins, and publications
appropriate to this work and fix reasonable sale prices for the
reports, bulletins, and publications.
(10) With respect to the water resources of the Basin or any
portion of the Basin, recommend agreements between the
governments of the United States and Canada.
(11) Recommend mutual arrangements expressed by concurrent
or reciprocal legislation on the part of Congress and the
Parliament of Canada, including but not limited to such
agreements and mutual arrangements as are provided for by
Article 13 of the Treaty of 1909 Relating to Boundary Waters and
Questions Arising Between the United States and Canada. (Treaty
Series, No. 548).
(12) Cooperate with the governments of the United States,
Canada, and the party states and any public or private agencies or
bodies having interest in or jurisdiction sufficient to affect the
Basin or any portion of the Basin.
(13) At the request of the United States, or in the event that a
Province shall be a party state, at the request of the Government
of Canada, assist in the negotiation and formulation of any treaty
or other mutual arrangement or agreement between the United
States and Canada with reference to the Basin or any portion of
the Basin.
(14) Make any recommendation and do all things necessary and
proper to carry out the powers conferred upon the Commission by
this compact, provided that no action of the Commission shall
have the force of law in or be binding upon any party state.
Article 7.
Each party state agrees to consider the action the Commission
recommends in respect to the following:
(1) Stabilization of lake levels.
(2) Measures for combating pollution, beach erosion, floods, and
short inundation.
(3) Uniformity in navigation regulations within the constitutional
powers of the states.
(4) Proposed navigation aids and improvements.
(5) Uniformity or effective coordinating action in fishing laws and
regulations and cooperative action to eradicate destructive and
parasitical forces endangering the fisheries, wildlife, and other
water resources.
(6) Suitable hydroelectric power developments.
(7) Cooperative programs for control of soil and bank erosion for
the general improvement of the Basin.
(8) Diversion of waters from and into the Basin.
(9) Other measures the Commission may recommend to the state
pursuant to Article 6 of this compact.
Article 8.
This compact shall continue in force and remain binding upon each
party state until renounced by act of the legislature of such state, in
such form and manner as the state may choose and as may be valid and
effective to repeal a statute of the state, provided that such renunciation
shall not become effective until six (6) months after notice of such
action shall have been officially communicated in writing to the
executive head of the other party states.
Article 9.
(a) It is intended that the provisions of this compact shall be
reasonably and liberally construed to effectuate the purposes of this
compact. The provisions of this compact shall be severable. If:
(1) any phrase, clause, sentence, or provision of this compact is
declared to be contrary to the constitution of any party state or of
the United States, or in the case of a Province, to the British North
American Act of 1867 as amended; or
(2) the applicability of this compact to any state, agency, person,
or circumstance is held invalid;
the constitutionality of the remainder of this compact and the
applicability of this compact to any state, agency, person, or
circumstance shall not be affected.
(b) If this compact shall be held contrary to the constitution of the
United States, or in the case of a Province, to the British North
American Act of 1867, as amended, or of any party state, the compact
shall remain in full force and effect as to the remaining states and in
full force and effect as to the state affected as to all severable matters.
[Pre-1995 Recodification Citation: 13-5-3-1 part.]

Legislative History

As added by P.L.1-1995, SEC.18.