§ 21-1001 — The Great Lakes-St

New York § 21-1001

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 10: Great Lakes-st Lawrence River Basin Water Resources Compact
• Art. 21: Pollution Control Compacts

Text

§ 21-1001. The Great Lakes-St. Lawrence River Basin Water Resources\n Compact.\n GREAT LAKES-ST. LAWRENCE RIVER BASIN WATER RESOURCES COMPACT\n ARTICLE 1\n SHORT TITLE, DEFINITIONS, PURPOSES AND DURATION\n Section 1.1. Short Title. This act shall be known and may be cited as\nthe "Great Lakes-St. Lawrence River Basin Water Resources Compact."\n Section 1.2. Definitions. For the purposes of this Compact, and of any\nsupplemental or concurring legislation enacted pursuant thereto, except\nas may be otherwise required by the context:\n Adaptive Management means a Water resources management system that\nprovides a systematic process for evaluation, monitoring and learning\nfrom the outcomes of operational programs and adjustment of policies,\nplans and programs based on experience and the evolution of scientific\nknowledge concerning Water resources and Water Dependent Natural\nResources.\n Agreement means the Great Lakes-St. Lawrence River Basin Sustainable\nWater Resources Agreement.\n Applicant means a Person who is required to submit a Proposal that is\nsubject to management and regulation under this Compact. Application has\na corresponding meaning.\n Basin or Great Lakes-St. Lawrence River Basin means the watershed of\nthe Great Lakes and the St. Lawrence River upstream from Trois-Rivieres,\nQuebec within the jurisdiction of the Parties.\n Basin Ecosystem or Great Lakes-St. Lawrence River Basin Ecosystem\nmeans the interacting components of air, land, Water and living\norganisms, including humankind, within the Basin.\n Community within a Straddling County means any incorporated city, town\nor the equivalent thereof, that is located outside the Basin but wholly\nwithin a County that lies partly within the Basin and that is not a\nStraddling Community.\n Compact means this Compact.\n Consumptive Use means that portion of the Water Withdrawn or withheld\nfrom the Basin that is lost or otherwise not returned to the Basin due\nto evaporation, incorporation into Products, or other processes.\n Council means the Great Lakes-St. Lawrence River Basin Water Resources\nCouncil, created by this Compact.\n Council Review means the collective review by the Council members as\ndescribed in article 4 of this Compact.\n County means the largest territorial division for local government in\na State. The County boundaries shall be defined as those boundaries that\nexist as of December 13, 2005.\n Cumulative Impacts mean the impact on the Basin Ecosystem that results\nfrom incremental effects of all aspects of a Withdrawal, Diversion or\nConsumptive Use in addition to other past, present, and reasonably\nforeseeable future Withdrawals, Diversions and Consumptive Uses\nregardless of who undertakes the other Withdrawals, Diversions and\nConsumptive Uses. Cumulative Impacts can result from individually minor\nbut collectively significant Withdrawals, Diversions and Consumptive\nUses taking place over a period of time.\n Decision-Making Standard means the decision-making standard\nestablished by Section 4.11 for Proposals subject to management and\nregulation in Section 4.10.\n Diversion means a transfer of Water from the Basin into another\nwatershed, or from the watershed of one of the Great Lakes into that of\nanother by any means of transfer, including but not limited to a\npipeline, canal, tunnel, aqueduct, channel, modification of the\ndirection of a water course, a tanker ship, tanker truck or rail tanker\nbut does not apply to Water that is used in the Basin or a Great Lake\nwatershed to manufacture or produce a Product that is then transferred\nout of the Basin or watershed. Divert has a corresponding meaning.\n Environmentally Sound and Economically Feasible Water Conservation\nMeasures mean those measures, methods, technologies or practices for\nefficient water use and for reduction of water loss and waste or for\nreducing a Withdrawal, Consumptive Use or Diversion that (i) are\nenvironmentally sound, (ii) reflect best practices applicable to the\nwater use sector, (iii) are technically feasible and available, (iv) are\neconomically feasible and cost effective based on an analysis that\nconsiders direct and avoided economic and environmental costs and (v)\nconsider the particular facilities and processes involved, taking into\naccount the environmental impact, age of equipment and facilities\ninvolved, the processes employed, energy impacts and other appropriate\nfactors.\n Exception means a transfer of Water that is excepted under Section 4.9\nfrom the prohibition against Diversions in Section 4.8.\n Exception Standard means the standard for Exceptions established in\nSection 4.9.4.\n Intra-Basin Transfer means the transfer of Water from the watershed of\none of the Great Lakes into the watershed of another Great Lake.\n Measures means any legislation, law, regulation, directive,\nrequirement, guideline, program, policy, administrative practice or\nother procedure.\n New or Increased Diversion means a new Diversion, an increase in an\nexisting Diversion, or the alteration of an existing Withdrawal so that\nit becomes a Diversion.\n New or Increased Withdrawal or Consumptive Use means a new Withdrawal\nor Consumptive Use or an increase in an existing Withdrawal or\nConsumptive Use.\n Originating Party means the Party within whose jurisdiction an\nApplication or registration is made or required.\n Party means a State party to this Compact.\n Person means a human being or a legal person, including a government\nor a non-governmental organization, including any scientific,\nprofessional, business, non-profit, or public interest organization or\nassociation that is neither affiliated with, nor under the direction of\na government.\n Product means something produced in the Basin by human or mechanical\neffort or through agricultural processes and used in manufacturing,\ncommercial or other processes or intended for intermediate or end use\nconsumers. (i) Water used as part of the packaging of a Product shall be\nconsidered to be part of the Product. (ii) Other than Water used as part\nof the packaging of a Product, Water that is used primarily to transport\nmaterials in or out of the Basin is not a Product or part of a Product.\n(iii) Except as provided in (i) above, Water which is transferred as\npart of a public or private supply is not a Product or part of a\nProduct. (iv) Water in its natural state such as in lakes, rivers,\nreservoirs, aquifers, or water basins is not a Product.\n Proposal means a Withdrawal, Diversion or Consumptive Use of Water\nthat is subject to this Compact.\n Province means Ontario or Quebec.\n Public Water Supply Purposes means water distributed to the public\nthrough a physically connected system of treatment, storage and\ndistribution facilities serving a group of largely residential customers\nthat may also serve industrial, commercial, and other institutional\noperators. Water Withdrawn directly from the Basin and not through such\na system shall not be considered to be used for Public Water Supply\nPurposes.\n Regional Body means the members of the Council and the Premiers of\nOntario and Quebec or their designee as established by the Agreement.\n Regional Review means the collective review by the Regional Body as\ndescribed in Article 4 of this Compact.\n Source Watershed means the watershed from which a Withdrawal\noriginates. If Water is Withdrawn directly from a Great Lake or from\nthe St. Lawrence River, then the Source Watershed shall be considered\nto be the watershed of that Great Lake or the watershed of the St.\nLawrence River, respectively. If Water is Withdrawn from the watershed\nof a stream that is a direct tributary to a great lake or a direct\ntributary to the St. Lawrence River, then the Source Watershed shall be\nconsidered to be the watershed of that Great Lake or the watershed of\nthe St. Lawrence River, respectively, with a preference to the direct\ntributary stream watershed from which it was Withdrawn.\n Standard of Review and Decision means the Exception Standard,\nDecision-Making Standard and reviews as outlined in Article 4 of this\nCompact.\n State means one of the states of Illinois, Indiana, Michigan,\nMinnesota, New York, Ohio or Wisconsin or the Commonwealth of\nPennsylvania.\n Straddling Community means any incorporated city, town or the\nequivalent thereof, wholly within any County that lies partly or\ncompletely within the Basin, whose corporate boundary existing as of the\neffective date of this Compact, is partly within the Basin or partly\nwithin two Great Lakes watersheds.\n Technical Review means a detailed review conducted to determine\nwhether or not a Proposal that requires Regional Review under this\nCompact meets the Standard of Review and Decision following procedures\nand guidelines as set out in this Compact.\n Water means ground or surface water contained within the Basin.\n Water Dependent Natural Resources means the interacting components of\nland, Water and living organisms affected by the Waters of the Basin.\n Waters of the Basin or Basin Water means the Great Lakes and all\nstreams, rivers, lakes, connecting channels and other bodies of water,\nincluding tributary groundwater, within the Basin.\n Withdrawal means the taking of water from surface water or\ngroundwater. Withdraw has a corresponding meaning.\n Section 1.3. Findings and Purposes.\n The legislative bodies of the respective Parties hereby find and\ndeclare:\n 1. Findings:\n a. The Waters of the Basin are precious public natural resources\nshared and held in trust by the States;\n b. The Waters of the Basin are interconnected and part of a single\nhydrologic system;\n c. The Waters of the Basin can concurrently serve multiple uses. Such\nmultiple uses include municipal, public, industrial, commercial,\nagriculture, mining, navigation, energy development and production,\nrecreation, the subsistence, economic and cultural activities of native\npeoples, Water quality maintenance, and the maintenance of fish and\nwildlife habitat and a balanced ecosystem. And, other purposes are\nencouraged, recognizing that such uses are interdependent and must be\nbalanced;\n d. Future Diversions and Consumptive Uses of Basin Water resources\nhave the potential to significantly impact the environment, economy and\nwelfare of the Great Lakes-St. Lawrence River region;\n e. Continued sustainable, accessible and adequate Water supplies for\nthe people and economy of the Basin are of vital importance; and,\n f. The Parties have a shared duty to protect, conserve, restore,\nimprove and manage the renewable but finite Waters of the Basin for the\nuse, benefit and enjoyment of all their citizens, including generations\nyet to come. The most effective means of protecting, conserving,\nrestoring, improving and managing the Basin Waters is through the joint\npursuit of unified and cooperative principles, policies and programs\nmutually agreed upon, enacted and adhered to by all Parties.\n 2. Purposes:\n a. To act together to protect, conserve, restore, improve and\neffectively manage the Waters and Water Dependent Natural Resources of\nthe Basin under appropriate arrangements for intergovernmental\ncooperation and consultation because current lack of full scientific\ncertainty should not be used as a reason for postponing measures to\nprotect the Basin Ecosystem;\n b. To remove causes of present and future controversies;\n c. To provide for cooperative planning and action by the Parties with\nrespect to such Water resources;\n d. To facilitate consistent approaches to Water management across the\nBasin while retaining State management authority over Water management\ndecisions within the Basin;\n e. To facilitate the exchange of data, strengthen the scientific\ninformation base upon which decisions are made and engage in\nconsultation on the potential effects of proposed Withdrawals and losses\non the Waters and Water Dependent Natural Resources of the Basin;\n f. To prevent significant adverse impacts of Withdrawals and losses on\nthe Basin's ecosystems and watersheds;\n g. To promote interstate and State-Provincial comity; and,\n h. To promote an Adaptive Management approach to the conservation and\nmanagement of Basin Water resources, which recognizes, considers and\nprovides adjustments for the uncertainties in, and evolution of,\nscientific knowledge concerning the Basin's Waters and Water Dependent\nNatural Resources.\n Section 1.4. Science. 1. The Parties commit to provide leadership for\nthe development of a collaborative strategy with other regional partners\nto strengthen the scientific basis for sound Water management decision\nmaking under this Compact.\n 2. The strategy shall guide the collection and application of\nscientific information to support:\n a. An improved understanding of the individual and Cumulative Impacts\nof Withdrawals from various locations and Water sources on the Basin\nEcosystem and to develop a mechanism by which impacts of Withdrawals may\nbe assessed;\n b. The periodic assessment of Cumulative Impacts of Withdrawals,\nDiversions and Consumptive Uses on a Great Lake and St. Lawrence River\nwatershed basis;\n c. Improved scientific understanding of the Waters of the Basin;\n d. Improved understanding of the role of groundwater in Basin Water\nresources management; and,\n e. The development, transfer and application of science and research\nrelated to Water conservation and Water use efficiency.\n ARTICLE 2\n ORGANIZATION\n Section 2.1. Council Created.\n The Great Lakes-St. Lawrence River Basin Water Resources Council is\nhereby created as a body politic and corporate, with succession for the\nduration of this Compact, as an agency and instrumentality of the\ngovernments of the respective Parties.\n Section 2.2. Council membership.\n The Council shall consist of the Governors of the Parties, ex officio.\n Section 2.3. Alternates.\n Each member of the Council shall appoint at least one alternate who\nmay act in his or her place and stead, with authority to attend all\nmeetings of the Council and with power to vote in the absence of the\nmember. Unless otherwise provided by law of the Party for which he or\nshe is appointed, each alternate shall serve during the term of the\nmember appointing him or her, subject to removal at the pleasure of the\nmember. In the event of a vacancy in the office of alternate, it shall\nbe filled in the same manner as an original appointment for the\nunexpired term only.\n Section 2.4. Voting.\n 1. Each member is entitled to one vote on all matters that may come\nbefore the Council.\n 2. Unless otherwise stated, the rule of decision shall be by a simple\nmajority.\n 3. The Council shall annually adopt a budget for each fiscal year and\nthe amount required to balance the budget shall be apportioned equitably\namong the Parties by unanimous vote of the Council. The appropriation of\nsuch amounts shall be subject to such review and approval as may be\nrequired by the budgetary processes of the respective Parties.\n 4. The participation of Council members from a majority of the Parties\nshall constitute a quorum for the transaction of business at any meeting\nof the Council.\n Section 2.5. Organization and Procedure.\n The Council shall provide for its own organization and procedure, and\nmay adopt rules and regulations governing its meetings and transactions,\nas well as the procedures and timeline for submission, review and\nconsideration of Proposals that come before the Council for its review\nand action. The Council shall organize, annually, by the election of a\nChair and Vice Chair from among its members. Each member may appoint an\nadvisor, who may attend all meetings of the Council and its committees,\nbut shall not have voting power. The Council may employ or appoint\nprofessional and administrative personnel, including an Executive\nDirector, as it may deem advisable, to carry out the purposes of this\nCompact.\n Section 2.6. Use of Existing Offices and Agencies.\n It is the policy of the Parties to preserve and utilize the functions,\npowers and duties of existing offices and agencies of government to the\nextent consistent with this Compact. Further, the Council shall promote\nand aid the coordination of the activities and programs of the Parties\nconcerned with Water resources management in the Basin. To this end, but\nwithout limitation, the Council may:\n 1. Advise, consult, contract, assist or otherwise cooperate with any\nand all such agencies;\n 2. Employ any other agency or instrumentality of any of the Parties\nfor any purpose; and,\n 3. Develop and adopt plans consistent with the Water resources plans\nof the Parties.\n Section 2.7. Jurisdiction.\n The Council shall have, exercise and discharge its functions, powers\nand duties within the limits of the Basin. Outside the Basin, it may act\nin its discretion, but only to the extent such action may be necessary\nor convenient to effectuate or implement its powers or responsibilities\nwithin the Basin and subject to the consent of the jurisdiction wherein\nit proposes to act.\n Section 2.8. Status, Immunities and Privileges.\n 1. The Council, its members and personnel in their official capacity\nand when engaged directly in the affairs of the Council, its property\nand its assets, wherever located and by whomsoever held, shall enjoy the\nsame immunity from suit and every form of judicial process as is enjoyed\nby the Parties, except to the extent that the Council may expressly\nwaive its immunity for the purposes of any proceedings or by the terms\nof any contract.\n 2. The property and assets of the Council, wherever located and by\nwhomsoever held, shall be considered public property and shall be immune\nfrom search, requisition, confiscation, expropriation or any other form\nof taking or foreclosure by executive or legislative action.\n 3. The Council, its property and its assets, income and the operations\nit carries out pursuant to this Compact shall be immune from all\ntaxation by or under the authority of any of the Parties or any\npolitical subdivision thereof; provided, however, that in lieu of\nproperty taxes the Council may make reasonable payments to local taxing\ndistricts in annual amounts which shall approximate the taxes lawfully\nassessed upon similar property.\n Section 2.9. Advisory Committees.\n The Council may constitute and empower advisory committees, which may\nbe comprised of representatives of the public and of federal, State,\ntribal, county and local governments, water resources agencies,\nwater-using industries and sectors, water-interest groups and academic\nexperts in related fields.\n ARTICLE 3\n GENERAL POWERS AND DUTIES\n Section 3.1. General.\n The Waters and Water Dependent Natural Resources of the Basin are\nsubject to the sovereign right and responsibilities of the Parties, and\nit is the purpose of this Compact to provide for joint exercise of such\npowers of sovereignty by the Council in the common interests of the\npeople of the region, in the manner and to the extent provided in this\nCompact. The Council and the Parties shall use the Standard of Review\nand Decision and procedures contained in or adopted pursuant to this\nCompact as the means to exercise their authority under this Compact.\n The Council may revise the Standard of Review and Decision, after\nconsultation with the Provinces and upon unanimous vote of all Council\nmembers, by regulation duly adopted in accordance with Section 3.3 of\nthis Compact and in accordance with each Party's respective statutory\nauthorities and applicable procedures.\n The Council shall identify priorities and develop plans and policies\nrelating to Basin Water resources. It shall adopt and promote uniform\nand coordinated policies for Water resources conservation and management\nin the Basin.\n Section 3.2. Council Powers.\n The Council may: plan; conduct research and collect, compile, analyze,\ninterpret, report and disseminate data on Water resources and uses;\nforecast Water levels; conduct investigations; institute court actions;\ndesign, acquire, construct, reconstruct, own, operate, maintain,\ncontrol, sell and convey real and personal property and any interest\ntherein as it may deem necessary, useful or convenient to carry out the\npurposes of this Compact; make contracts; receive and accept such\npayments, appropriations, grants, gifts, loans, advances and other\nfunds, properties and services as may be transferred or made available\nto it by any Party or by any other public or private agency, corporation\nor individual; and, exercise such other and different powers as may be\ndelegated to it by this Compact or otherwise pursuant to law, and have\nand exercise all powers necessary or convenient to carry out its express\npowers or which may be reasonably implied therefrom.\n Section 3.3. Rules and Regulations.\n 1. The Council may promulgate and enforce such rules and regulations\nas may be necessary for the implementation and enforcement of this\nCompact. The Council may adopt by regulation, after public notice and\npublic hearing, reasonable Application fees with respect to those\nProposals for Exceptions that are subject to Council review under\nSection 4.9. Any rule or regulation of the Council, other than one which\ndeals solely with the internal management of the Council or its\nproperty, shall be adopted only after public notice and hearing.\n 2. Each Party, in accordance with its respective statutory authorities\nand applicable procedures, may adopt and enforce rules and regulations\nto implement and enforce this Compact and the programs adopted by such\nParty to carry out the management programs contemplated by this Compact.\n Section 3.4. Program Review and Findings.\n 1. Each Party shall submit a report to the Council and the Regional\nBody detailing its Water management and conservation and efficiency\nprograms that implement this Compact. The report shall set out the\nmanner in which Water Withdrawals are managed by sector, Water source,\nquantity or any other means, and how the provisions of the Standard of\nReview and Decision and conservation and efficiency programs are\nimplemented. The first report shall be provided by each Party one year\nfrom the effective date of this Compact and thereafter every 5 years.\n 2. The Council, in cooperation with the Provinces, shall review its\nWater management and conservation and efficiency programs and those of\nthe Parties that are established in this Compact and make findings on\nwhether the Water management program provisions in this Compact are\nbeing met, and if not, recommend options to assist the Parties in\nmeeting the provisions of this Compact. Such review shall take place:\n a. 30 days after the first report is submitted by all Parties; and,\n b. Every five years after the effective date of this Compact; and,\n c. At any other time at the request of one of the Parties.\n 3. As one of its duties and responsibilities, the Council may\nrecommend a range of approaches to the Parties with respect to the\ndevelopment, enhancement and application of Water management and\nconservation and efficiency programs to implement the Standard of Review\nand Decision reflecting improved scientific understanding of the Waters\nof the Basin, including groundwater, and the impacts of Withdrawals on\nthe Basin Ecosystem.\n ARTICLE 4\n WATER MANAGEMENT AND REGULATION\n Section 4.1. Water Resources Inventory, Registration and Reporting.\n 1. Within five years of the effective date of this Compact, each Party\nshall develop and maintain a Water resources inventory for the\ncollection, interpretation, storage, retrieval, exchange, and\ndissemination of information concerning the Water resources of the\nParty, including, but not limited to, information on the location, type,\nquantity, and use of those resources and the location, type, and\nquantity of Withdrawals, Diversions and Consumptive Uses. To the extent\nfeasible, the Water resources inventory shall be developed in\ncooperation with local, State, federal, tribal and other private\nagencies and entities, as well as the Council. Each Party's agencies\nshall cooperate with that Party in the development and maintenance of\nthe inventory.\n 2. The Council shall assist each Party to develop a common base of\ndata regarding the management of the Water Resources of the Basin and to\nestablish systematic arrangements for the exchange of those data with\nother States and Provinces.\n 3. To develop and maintain a compatible base of Water use information,\nwithin five years of the effective date of this Compact any Person who\nWithdraws Water in an amount of 100,000 gallons per day or greater\naverage in any 30-day period (including Consumptive Uses) from all\nsources, or Diverts Water of any amount, shall register the Withdrawal\nor Diversion by a date set by the Council unless the Person has\npreviously registered in accordance with an existing State program. The\nPerson shall register the Withdrawal or Diversion with the Originating\nParty using a form prescribed by the Originating Party that shall\ninclude, at a minimum and without limitation: the name and address of\nthe registrant and date of registration; the locations and sources of\nthe Withdrawal or Diversion; the capacity of the Withdrawal or Diversion\nper day and the amount Withdrawn or Diverted from each source; the uses\nmade of the Water; places of use and places of discharge; and, such\nother information as the Originating Party may require. All\nregistrations shall include an estimate of the volume of the Withdrawal\nor Diversion in terms of gallons per day average in any 30-day period.\n 4. All registrants shall annually report the monthly volumes of the\nWithdrawal, Consumptive Use and Diversion in gallons to the Originating\nParty and any other information requested by the Originating Party.\n 5. Each Party shall annually report the information gathered pursuant\nto this Section to a Great Lakes - St. Lawrence River Water use data\nbase repository and aggregated information shall be made publicly\navailable, consistent with the confidentiality requirements in Section\n8.3.\n 6. Information gathered by the Parties pursuant to this Section shall\nbe used to improve the sources and applications of scientific\ninformation regarding the Waters of the Basin and the impacts of the\nWithdrawals and Diversions from various locations and Water sources on\nthe Basin Ecosystem, and to better understand the role of groundwater in\nthe Basin. The Council and the Parties shall coordinate the collection\nand application of scientific information to further develop a mechanism\nby which individual and Cumulative Impacts of Withdrawals, Consumptive\nUses and Diversions shall be assessed.\n Section 4.2. Water Conservation and Efficiency Programs.\n 1. The Council commits to identify, in cooperation with the Provinces,\nBasin-wide Water conservation and efficiency objectives to assist the\nParties in developing their Water conservation and efficiency program.\nThese objectives are based on the goals of:\n a. Ensuring improvement of the Waters and Water Dependent Natural\nResources;\n b. Protecting and restoring the hydrologic and ecosystem integrity of\nthe Basin;\n c. Retaining the quantity of surface water and groundwater in the\nBasin;\n d. Ensuring sustainable use of Waters of the Basin; and,\n e. Promoting the efficiency of use and reducing losses and waste of\nWater.\n 2. Within two years of the effective date of this Compact, each Party\nshall develop its own Water conservation and efficiency goals and\nobjectives consistent with the Basin-wide goals and objectives, and\nshall develop and implement a Water conservation and efficiency program,\neither voluntary or mandatory, within its jurisdiction based on the\nParty's goals and objectives. Each Party shall annually assess its\nprograms in meeting the Party's goals and objectives, report to the\nCouncil and the Regional Body and make this annual assessment available\nto the public.\n 3. Beginning five years after the effective date of this Compact, and\nevery five years thereafter, the Council, in cooperation with the\nProvinces, shall review and modify as appropriate the Basin-wide\nobjectives, and the Parties shall have regard for any such modifications\nin implementing their programs. This assessment will be based on\nexamining new technologies, new patterns of Water use, new resource\ndemands and threats, and Cumulative Impact assessment under Section\n4.15.\n 4. Within two years of the effective date of this Compact, the Parties\ncommit to promote Environmentally Sound and Economically Feasible Water\nConservation Measures such as:\n a. Measures that promote efficient use of Water;\n b. Identification and sharing of best management practices and state\nof the art conservation and efficiency technologies;\n c. Application of sound planning principles;\n d. Demand-side and supply-side Measures or incentives; and,\n e. Development, transfer and application of science and research.\n 5. Each Party shall implement in accordance with Paragraph 2 a\nvoluntary or mandatory Water conservation program for all, including\nexisting, Basin Water users. Conservation programs need to adjust to new\ndemands and the potential impacts of cumulative effects and climate.\n Section 4.3. Party Powers and Duties.\n 1. Each Party, within its jurisdiction, shall manage and regulate New\nor Increased Withdrawals, Consumptive Uses and Diversions, including\nExceptions, in accordance with this Compact.\n 2. Each Party shall require an Applicant to submit an Application in\nsuch manner and with such accompanying information as the Party shall\nprescribe.\n 3. No Party may approve a Proposal if the Party determines that the\nProposal is inconsistent with this Compact or the Standard of Review and\nDecision or any implementing rules or regulations promulgated\nthereunder. The Party may approve, approve with modifications or\ndisapprove any Proposal depending on the Proposal's consistency with\nthis Compact and the Standard of Review and Decision.\n 4. Each Party shall monitor the implementation of any approved\nProposal to ensure consistency with the approval and may take all\nnecessary enforcement actions.\n 5. No Party shall approve a Proposal subject to Council or Regional\nReview, or both, pursuant to this Compact unless it shall have been\nfirst submitted to and reviewed by either the Council or Regional Body,\nor both, and approved by the council, as applicable. Sufficient\nopportunity shall be provided for comment on the Proposal's consistency\nwith this Compact and the Standard of Review and Decision. All such\ncomments shall become part of the Party's formal record of decision, and\nthe Party shall take into consideration any such comments received.\n Section 4.4. Requirement for Originating Party Approval.\n No Proposal subject to management and regulation under this Compact\nshall hereafter be undertaken by any Person unless it shall have been\napproved by the Originating Party.\n Section 4.5. Regional Review.\n 1. General.\n a. It is the intention of the Parties to participate in Regional\nReview of Proposals with the Provinces, as described in this Compact and\nthe Agreement.\n b. Unless the Applicant or the Originating Party otherwise requests,\nit shall be the goal of the Regional Body to conclude its review no\nlater than 90 days after notice under Section 4.5.2 of such Proposal is\nreceived from the Originating Party.\n c. Proposals for Exceptions subject to Regional Review shall be\nsubmitted by the Originating Party to the Regional Body for Regional\nReview, and where applicable, to the Council for concurrent review.\n d. The Parties agree that the protection of the integrity of the Great\nLakes - St. Lawrence River Basin ecosystem shall be the overarching\nprinciple for reviewing Proposals subject to Regional Review,\nrecognizing uncertainties with respect to demands that may be placed on\nBasin Water, including groundwater, levels and flows of the Great Lakes\nand the St. Lawrence River, future changes in environmental conditions,\nthe reliability of existing data and the extent to which Diversions may\nharm the integrity of the Basin Ecosystem.\n e. The Originating Party shall have lead responsibility for\ncoordinating information for resolution of issues related to evaluation\nof a Proposal, and shall consult with the Applicant throughout the\nRegional Review Process.\n f. A majority of the members of the Regional Body may request Regional\nreview of a regionally significant or potentially precedent setting\nProposal. Such Regional Review must be conducted, to the extent\npossible, within the time frames set forth in this Section. Any such\nRegional Review shall be undertaken only after consulting the Applicant.\n 2. Notice from Originating Party to the Regional Body.\n a. The Originating Party shall determine if a Proposal is subject to\nRegional Review. If so, the Originating Party shall provide timely\nnotice to the Regional Body and the public.\n b. Such notice shall not be given unless and until all information,\ndocuments and the Originating Party's Technical Review needed to\nevaluate whether the Proposal meets the Standard of Review and Decision\nhave been provided.\n c. An Originating Party may:\n i. Provide notice to the Regional Body of an Application, even if\nnotification is not required; or,\n ii. Request Regional Review of an application, even if Regional Review\nis not required. Any such Regional Review shall be undertaken only after\nconsulting the Applicant.\n d. An Originating Party may provide preliminary notice of a potential\nProposal.\n 3. Public Participation.\n a. To ensure adequate public participation, the Regional Body shall\nadopt procedures for the review of Proposals that are subject to\nRegional Review in accordance with this Article.\n b. The Regional Body shall provide notice to the public of Proposal\nundergoing Regional Review. Such notice shall indicate that the public\nhas an opportunity to comment in writing to the Regional Body on whether\nthe Proposal meets the Standard of Review and Decision.\n c. The Regional Body shall hold a public meeting in the State or\nProvince of the Originating Party in order to receive public comment on\nthe issue of whether the Proposal under consideration meets the Standard\nof Review and Decision.\n d. The Regional Body shall consider the comments received before\nissuing a Declaration of Finding.\n e. The Regional Body shall forward the comments it receives to the\nOriginating Party.\n 4. Technical Review.\n a. The Originating Party shall provide the Regional Body with its\nTechnical Review of the Proposal under consideration.\n b. The Originating Party's Technical Review shall thoroughly analyze\nthe Proposal and provide an evaluation of the Proposal sufficient for a\ndetermination of whether the Proposal meets the Standard of Review and\nDecision.\n c. Any member of the Regional Body may conduct their own Technical\nReview of any Proposal subject to Regional Review.\n d. At the request of the majority of its members, the Regional Body\nshall make such arrangements as it considers appropriate for an\nindependent Technical Review of a Proposal.\n e. All Parties shall exercise their best efforts to ensure that a\nTechnical Review undertaken under Sections 4.5.4.c and 4.5.4.d does not\nunnecessarily delay the decision by the Originating Party on the\nApplication. Unless the Applicant or the Originating Party otherwise\nrequests, all Technical Reviews shall be completed no later than 60 days\nafter the date the notice of the Proposal was given to the Regional\nBody.\n 5. Declaration of Finding.\n a. The Regional Body shall meet to consider a Proposal. The Applicant\nshall be provided with an opportunity to present the Proposal to the\nRegional Body at such time.\n b. The Regional Body, having considered the notice, the Originating\nParty's Technical Review, any other independent Technical Review that is\nmade, any comments or objections including the analysis of comments made\nby the public, First Nations and federally recognized Tribes, and any\nother information that is provided under this Compact shall issue a\nDeclaration of Finding that the Proposal under consideration:\n i. Meets the Standard of Review and Decision;\n ii. Does not meet the Standard of Review and Decision; or,\n iii. Would meet the Standard of Review and Decision if certain\nconditions were met.\n c. An Originating Party may decline to participate in a Declaration of\nFinding made by the Regional Body.\n d. The Parties recognize and affirm that it is preferable for all\nmembers of the Regional Body to agree whether the Proposal meets the\nStandard of Review and Decision.\n e. If the members of the Regional Body who participate in the\nDeclaration of Finding all agree, they shall issue a written Declaration\nof Finding with consensus.\n f. In the event that the members cannot agree, the Regional Body shall\nmake every reasonable effort to achieve consensus within 25 days.\n g. Should consensus not be achieved, the Regional Body may issue a\nDeclaration of Finding that presents different points of view and\nindicates each Party's conclusions.\n h. The Regional Body shall release the Declarations of Finding to the\npublic.\n i. The Originating Party and the Council shall consider the\nDeclaration of Finding before making a decision on the Proposal.\n Section 4.6. Proposals Subject to Prior Notice.\n 1. Beginning no later than five years of the effective date of this\nCompact, the Originating Party shall provide all Parties and the\nProvinces with detailed and timely notice and an opportunity to comment\nwithin 90 days on any Proposal for a New or Increased Consumptive Use of\n5 million gallons per day or greater average in any 90-day period.\nComments shall address whether or not the Proposal is consistent with\nthe Standard of Review and Decision. The Originating Party shall provide\na response to any such comment received from another Party.\n 2. A Party may provide notice, an opportunity to comment and a\nresponse to comments even if this is not required under Paragraph 1 of\nthis Section. Any provision of such notice and opportunity to comment\nshall be undertaken only after consulting the Applicant.\n Section 4.7. Council Actions.\n 1. Proposals for Exceptions subject to Council Review shall be\nsubmitted by the Originating Party to the Council for Council Review,\nand where applicable, to the Regional Body for concurrent review.\n 2. The Council shall review and take action on Proposals in accordance\nwith this Compact and the Standard of Review and Decision. The Council\nshall not take action on a Proposal subject to Regional Review pursuant\nto this Compact unless the Proposal shall have been first submitted to\nand reviewed by the Regional Body. The Council shall consider any\nfindings resulting from such review.\n Section 4.8. Prohibition of New or Increased Diversions.\n All New or Increased Diversions are prohibited, except as provided for\nin this Article.\n Section 4.9. Exceptions to the Prohibition of Diversions.\n 1. Straddling Communities. A Proposal to transfer Water to an area\nwithin a Straddling Community but outside the Basin or outside the\nsource great lake Watershed shall be excepted from the prohibition\nagainst Diversions and be managed and regulated by the Originating Party\nprovided that, regardless of the volume of Water transferred, all the\nWater so transferred shall be used solely for Public Water Supply\nPurposes within the Straddling Community, and:\n a. All Water Withdrawn from the Basin shall be returned, either\nnaturally or after use, to the Source Watershed less an allowance for\nConsumptive Use. No surface water or groundwater from outside the Basin\nmay be used to satisfy any portion of this criterion except if it:\n i. Is part of a water supply or wastewater treatment system that\ncombines water from inside and outside of the Basin;\n ii. Is treated to meet applicable water quality discharge standards\nand to prevent the introduction of invasive species into the Basin;\n iii. Maximizes the portion of water returned to the Source Watershed\nas Basin Water and minimizes the surface water or groundwater from\noutside the Basin;\n b. If the Proposal results from a New or Increased Withdrawal of\n100,000 gallons per day or greater average over any 90-day period, the\nProposal shall also meet the Exception Standard; and\n c. If the Proposal results in a New or Increased Consumptive Use of 5\nmillion gallons per day or greater average over any 90-day period, the\nProposal shall also undergo Regional Review.\n 2. Intra-Basin Transfer. A Proposal for an Intra-Basin Transfer that\nwould be considered a Diversion under this Compact, and not already\nexcepted pursuant to Paragraph 1 of this Section, shall be excepted from\nthe prohibition against Diversions, provided that:\n a. If the Proposal results from a New or Increased Withdrawal less\nthan 100,000 gallons per day average over any 90-day period, the\nProposal shall be subject to management and regulation at the discretion\nof the Originating Party.\n b. If the Proposal results from a New or Increased Withdrawal 100,000\ngallons per day or greater average over any 90-day period and if the\nConsumptive Use resulting from the Withdrawal is less than five million\ngallons per day average over any 90-day period:\n i. The Proposal shall meet the Exception Standard and be subject to\nmanagement and regulation by the Originating Party, except that the\nWater may be returned to another Great Lake watershed rather than the\nSource Watershed;\n ii. The Applicant shall demonstrate that there is no feasible, cost\neffective, and environmentally sound water supply alternative within the\nGreat Lake watershed to which the Water will be transferred, including\nconservation of existing water supplies; and,\n iii. The Originating Party shall provide notice to the other Parties\nprior to making any decision with respect to the Proposal.\n c. If the Proposal results in a New or Increased Consumptive Use of 5\nmillion gallons per day or greater average over any 90-day period:\n i. The Proposal shall be subject to management and regulation by the\nOriginating Party and shall meet the Exception Standard, ensuring that\nWater Withdrawn shall be returned to the Source Watershed;\n ii. The Applicant shall demonstrate that there is no feasible, cost\neffective, and environmentally sound water supply alternative within the\ngreat lake watershed to which the Water will be transferred, including\nconservation of existing water supplies;\n iii. The Proposal undergoes Regional Review; and,\n iv. The Proposal is approved by the Council. Council approval shall be\ngiven unless one or more Council Members vote to disapprove.\n 3. Straddling Counties. A Proposal to transfer Water to a Community\nwithin a Straddling County that would be considered a Diversion under\nthis Compact shall be excepted from the prohibition against Diversions,\nprovided that it satisfies all of the following conditions:\n a. The Water shall be used solely for the Public Water Supply Purposes\nof the Community within a Straddling County that is without adequate\nsupplies of potable water;\n b. The Proposal meets the Exception Standard, maximizing the portion\nof water returned to the Source Watershed as Basin Water and minimizing\nthe surface water or groundwater from outside the Basin;\n c. The Proposal shall be subject to management and regulation by the\nOriginating Party, regardless of its size;\n d. There is no reasonable water supply alternative within the basin in\nwhich the community is located, including conservation of existing water\nsupplies;\n e. Caution shall be used in determining whether or not the Proposal\nmeets the conditions for this Exception. This Exception should not be\nauthorized unless it can be shown that it will not endanger the\nintegrity of the Basin Ecosystem;\n f. The Proposal undergoes Regional Review; and,\n g. The Proposal is approved by the Council. Council approval shall be\ngiven unless one or more Council Members vote to disapprove.\n A Proposal must satisfy all of the conditions listed above. Further,\nsubstantive consideration will also be given to whether or not the\nProposal can provide sufficient scientifically based evidence that the\nexisting water supply is derived from groundwater that is hydrologically\ninterconnected to Waters of the Basin.\n 4. Exception Standard. Proposals subject to management and regulation\nin this Section shall be declared to meet this Exception Standard and\nmay be approved as appropriate only when the following criteria are met:\n a. The need for all or part of the proposed Exception cannot be\nreasonably avoided through the efficient use and conservation of\nexisting water supplies;\n b. The Exception will be limited to quantities that are considered\nreasonable for the purposes for which it is proposed;\n c. All Water Withdrawn shall be returned, either naturally or after\nuse, to the Source Watershed less an allowance for Consumptive Use. No\nsurface water or groundwater from the outside the Basin may be used to\nsatisfy any portion of this criterion except if it:\n i. Is part of a water supply or wastewater treatment system that\ncombines water from inside and outside of the Basin;\n ii. Is treated to meet applicable water quality discharge standards\nand to prevent the introduction of invasive species into the Basin;\n d. The Exception will be implemented so as to ensure that it will\nresult in no significant individual or cumulative adverse impacts to the\nquantity or quality of the Waters and Water Dependent Natural Resources\nof the Basin with consideration given to the potential Cumulative\nImpacts of any precedent-setting consequences associated with the\nProposal;\n e. The Exception will be implemented so as to incorporate\nEnvironmentally Sound and Economically Feasible Water Conservation\nMeasures to minimize Water Withdrawals or Consumptive Use;\n f. The Exception will be implemented so as to ensure that it is in\ncompliance with all applicable municipal, State and federal laws as well\nas regional interstate and international agreements, including the\nBoundary Waters Treaty of 1909; and,\n g. All other applicable criteria in Section 4.9 have also been met.\n Section 4.10. Management and regulation of New or Increased\nWithdrawals and Consumptive Uses.\n 1. Within five years of the effective date of this Compact, each Party\nshall create a program for the management and regulation of New or\nIncreased Withdrawals and Consumptive Uses by adopting and implementing\nMeasures consistent with the Decision-Making Standard. Each Party,\nthrough a considered process, shall set and may modify threshold levels\nfor the regulation of New or Increased Withdrawals in order to assure an\neffective and efficient Water management program that will ensure that\nuses overall are reasonable, that Withdrawals overall will not result in\nsignificant impacts to the Waters and Water Dependent Natural Resources\nof the Basin, determined on the basis of significant impacts to the\nphysical, chemical, and biological integrity of Source Watersheds, and\nthat all other objectives of the Compact are achieved. Each Party may\ndetermine the scope and thresholds of its program, including which New\nor Increased Withdrawals and Consumptive Uses will be subject to the\nprogram.\n 2. Any Party that fails to set threshold levels that comply with\nSection 4.10.1 any time before 10 years after the effective date of this\nCompact shall apply a threshold level for management and regulation of\nall New or Increased Withdrawals of 100,000 gallons per day or greater\naverage in any 90 day period.\n 3. The Parties intend programs for New or Increased Withdrawals and\nConsumptive Uses to evolve as may be necessary to protect Basin Waters.\nPursuant to Section 3.4, the Council, in cooperation with the Provinces,\nshall periodically assess the Water management programs of the Parties.\nSuch assessments may produce recommendations for the strengthening of\nthe programs, including without limitation, establishing lower\nthresholds for management and regulation in accordance with the\nDecision-Making Standard.\n Section 4.11. Decision-Making Standard.\n Proposals subject to management and regulation in Section 4.10 shall\nbe declared to meet this Decision-Making Standard and may be approved as\nappropriate only when the following criteria are met:\n 1. All Water Withdrawn shall be returned, either naturally or after\nuse, to the Source Watershed less an allowance for Consumptive Use;\n 2. The Withdrawal or Consumptive Use will be implemented so as to\nensure that the Proposal will result in no significant individual or\ncumulative adverse impacts to the quantity or quality of the Waters and\nWater Dependent Natural Resources and the applicable Source Watershed;\n 3. The Withdrawal or Consumptive Use will be implemented so as to\nincorporate Environmentally Sound and Economically Feasible Water\nConservation Measures;\n 4. The Withdrawal or Consumptive Use will be implemented so as to\nensure that it is in compliance with all applicable municipal, State and\nfederal laws as well as regional interstate and international\nagreements, including the Boundary Waters Treaty of 1909;\n 5. The proposed use is reasonable, based upon a consideration of the\nfollowing factors:\n a. Whether the proposed Withdrawal or Consumptive Use is planned in a\nfashion that provides for efficient use of the water, and will avoid or\nminimize the waste of Water;\n b. If the proposal is for an increased Withdrawal or Consumptive Use,\nwhether efficient use is made of existing water supplies;\n c. The balance between economic development, social development and\nenvironmental protection of the proposed Withdrawal and use and other\nexisting or planned withdrawals and water uses sharing the water source;\n d. The supply potential of the water source, considering quantity,\nquality, and reliability and safe yield of hydrologically interconnected\nwater sources;\n e. The probable degree and duration of any adverse impacts caused or\nexpected to be caused by the proposed Withdrawal and use under\nforeseeable conditions, to other lawful consumptive or non-consumptive\nuses of water or to the quantity or quality of the Waters and Water\nDependent Natural Resources of the Basin, and the proposed plans and\narrangements for avoidance or mitigation of such impacts; and,\n f. If a proposal includes restoration of hydrologic conditions and\nfunctions of the Source Watershed, the Party may consider that.\n Section 4.12. Applicability.\n 1. Minimum Standard. This Standard of Review and Decision shall be\nused as a minimum standard. Parties may impose a more restrictive\ndecision-making standard for Withdrawals under their authority. It is\nalso acknowledged that although a Proposal meets the Standard of Review\nand Decision it may not be approved under the laws of the Originating\nParty that has implemented more restrictive Measures.\n 2. Baseline. a. To establish a baseline for determining a New or\nIncreased Diversion, Consumptive Use or Withdrawal, each Party shall\ndevelop either or both of the following lists for their jurisdiction:\n i. A list of existing Withdrawal approvals as of the effective date of\nthe Compact;\n ii. A list of the capacity of existing systems as of the effective\ndate of this Compact. The capacity of the existing systems should be\npresented in terms of Withdrawal capacity, treatment capacity,\ndistribution capacity, or other capacity limiting factors. The capacity\nof the existing systems must represent the state of the systems.\nExisting capacity determinations shall be based upon approval limits or\nthe most restrictive capacity information.\n b. For all purposes of this Compact, volumes of Diversions,\nConsumptive Uses, or Withdrawals of Water set forth in the list(s)\nprepared by each Party in accordance with this Section, shall constitute\nthe baseline volume.\n c. The list(s) shall be furnished to the Regional Body and the Council\nwithin one year of the effective date of this Compact.\n 3. Timing of Additional Applications. Applications for New or\nIncreased Withdrawals, Consumptive Uses or Exceptions shall be\nconsidered cumulatively within ten years of any application.\n 4. Change of Ownership. Unless a new owner proposes a project that\nshall result in a Proposal for a new or Increased Diversion or\nConsumptive Use subject to Regional Review or Council approval, the\nchange of ownership in and of itself shall not require Regional Review\nor Council approval.\n 5. Groundwater. The Basin surface water divide shall be used for the\npurpose of managing and regulating New or Increased Diversions,\nConsumptive Uses or Withdrawals of surface water and groundwater.\n 6. Withdrawal Systems. The total volume of surface water and\ngroundwater resources that supply a common distribution system shall\ndetermine the volume of a Withdrawal, Consumptive Use or Diversion.\n 7. Connecting Channels. The watershed of each Great Lake shall include\nits upstream and downstream connecting channels.\n 8. Transmission in Water Lines. Transmission of Water within a line\nthat extends outside the Basin as it conveys Water from one point to\nanother within the Basin shall not be considered a Diversion if none of\nthe Water is used outside the Basin.\n 9. Hydrologic Units. The Lake Michigan and Lake Huron watersheds shall\nbe considered to be a single hydrologic unit and watershed.\n 10. Bulk Water Transfer. A Proposal to Withdraw Water and to remove it\nfrom the Basin in any container greater than 5.7 gallons shall be\ntreated under this Compact in the same manner as a Proposal for a\nDiversion. Each Party shall have the discretion, within its\njurisdiction, to determine the treatment of Proposals to Withdraw Water\nand to remove it from the Basin in any container of 5.7 gallons or less.\n Section 4.13. Exemptions.\n Withdrawals from the Basin for the following purposes are exempt from\nthe requirements of Article 4.\n 1. To supply vehicles, including vessels and aircraft, whether for the\nneeds of the persons or animals being transported or for ballast or\nother needs related to the operation of the vehicles.\n 2. To use in a non-commercial project on a short-term basis for\nfirefighting, humanitarian, or emergency response purposes.\n Section 4.14. U.S. Supreme Court Decree: Wisconsin et al. v. Illinois\net al.\n 1. Notwithstanding any terms of this Compact to the contrary, with the\nexception of Paragraph 5 of this Section, current, New or Increased\nWithdrawals, Consumptive Uses and Diversions of Basin Water by the State\nof Illinois shall be governed by the terms of the United States Supreme\nCourt decree in Wisconsin et al. v. Illinois et al. and shall not be\nsubject to the terms of this Compact nor any rules or regulations\npromulgated pursuant to this Compact. This means that, with the\nexception of Paragraph 5 of this Section, for purposes of this Compact,\ncurrent, New or Increased Withdrawals, Consumptive Uses and Diversions\nof Basin Water within the State of Illinois shall be allowed unless\nprohibited by the terms of the United States Supreme Court decree in\nWisconsin et al. v. Illinois et al.\n 2. The Parties acknowledge that the United States Supreme Court decree\nin Wisconsin et al. v. Illinois et al. shall continue in full force and\neffect, that this Compact shall not modify any terms thereof, and that\nthis Compact shall grant the parties no additional rights, obligations,\nremedies or defenses thereto. The Parties specifically acknowledge that\nthis Compact shall not prohibit or limit the State of Illinois in any\nmanner from seeking additional Basin Water as allowed under the terms of\nthe United States Supreme Court decree in Wisconsin et al. v. Illinois\net al., any other party from objecting to any request by the State of\nIllinois for additional Basin Water under the terms of said decree, or\nany party from seeking any other type of modification to said decree. If\nan application is made by any party to the Supreme Court of the United\nStates to modify said decree, the Parties to this Compact who are also\nparties to the decree shall seek formal input from the Canadian\nProvinces of Ontario and Quebec, with respect to the proposed\nmodification, use best efforts to facilitate the appropriate\nparticipation of said Provinces in the proceedings to modify the decree,\nand shall not unreasonably impede or restrict such participation.\n 3. With the exception of Paragraph 5 of this Section, because current,\nNew or Increased Withdrawals, Consumptive Uses and Diversions of Basin\nWater by the State of Illinois are not subject to the terms of this\nCompact, the State of Illinois is prohibited from using any term of this\nCompact, including Section 4.9, to seek New or Increased Withdrawals,\nConsumptive Uses or Diversions of Basin Water.\n 4. With the exception of Paragraph 5 of this Section, because Sections\n4.3, 4.4, 4.5, 4.6, 4.7, 4.8, 4.9, 4.10, 4.11, 4.12 (Paragraphs 1, 2, 3,\n4, 6 and 10 only), and 4.13 of this Compact all relate to current, New\nor Increased Withdrawals, Consumptive Uses and Diversions of Basin\nWaters, said provisions do not apply to the State of Illinois. All other\nprovisions of this Compact not listed in the preceding sentence shall\napply to the State of Illinois, including the Water Conservation\nPrograms provision of Section 4.2.\n 5. In the event of a Proposal for a Diversion of Basin Water for use\noutside the territorial boundaries of the Parties to this Compact,\ndecisions by the State of Illinois regarding such a Proposal would be\nsubject to all terms of this Compact, except Paragraphs 1, 3 and 4 of\nthis Section.\n 6. For purposes of the State of Illinois' participation in this\nCompact, the entirety of this Section 4.14 is necessary for the\ncontinued implementation of this Compact and, if severed, this Compact\nshall no longer be binding on or enforceable by or against the State of\nIllinois.\n Section 4.15. Assessment of Cumulative Impacts.\n 1. The Parties in cooperation with the Provinces shall collectively\nconduct within the Basin, on a Lake watershed and St. Lawrence River\nBasin basis, a periodic assessment of the Cumulative Impacts of\nWithdrawals, Diversions and Consumptive Uses from the Waters of the\nBasin, every 5 years or each time the incremental Basin Water losses\nreach 50 million gallons per day average in any 90-day period in excess\nof the quantity at the time of the most recent assessment, whichever\ncomes first, or at the request of one or more of the Parties. The\nassessment shall form the basis for a review of the Standard of Review\nand Decision, Council and Party regulations and their application. This\nassessment shall:\n a. Utilize the most current and appropriate guidelines for such a\nreview, which may include but not be limited to Council on Environmental\nQuality and Environment Canada guidelines;\n b. Give substantive consideration to climate change or other\nsignificant threats to Basin Waters and take into account the current\nstate of scientific knowledge, or uncertainty, and appropriate Measures\nto exercise caution in cases of uncertainty if serious damage may\nresult;\n c. Consider adaptive management principles and approaches,\nrecognizing, considering and providing adjustments for the uncertainties\nin, and evolution of science concerning the Basin's water resources,\nwatersheds and ecosystems, including potential changes to Basin-wide\nprocesses, such as lake level cycles and climate.\n 2. The Parties have the responsibility of conducting this Cumulative\nImpact assessment. Applicants are not required to participate in this\nassessment.\n 3. Unless required by other statutes, Applicants are not required to\nconduct a separate cumulative impact assessment in connection with an\nApplication but shall submit information about the potential impacts of\na Proposal to the quantity or quality of the Waters and Water Dependent\nNatural Resources of the applicable Source Watershed. An Applicant may,\nhowever, provide an analysis of how their Proposal meets the no\nsignificant adverse Cumulative Impact provision of the Standard of\nReview and Decision.\n ARTICLE 5\n TRIBAL CONSULTATION\n Section 5.1. Consultation with Tribes.\n 1. In addition to all other opportunities to comment pursuant to\nSection 6.2, appropriate consultations shall occur with federally\nrecognized Tribes in the Originating Party for all Proposals subject to\nCouncil or Regional Review pursuant to this Compact. Such consultations\nshall be organized in the manner suitable to the individual Proposal and\nthe laws and policies of the Originating Party.\n 2. All federally recognized Tribes within the Basin shall receive\nreasonable notice indicating that they have an opportunity to comment in\nwriting to the Council or the Regional Body, or both, and other relevant\norganizations on whether the Proposal meets the requirements of the\nStandard of Review and Decision when a Proposal is subject to Regional\nReview or Council approval. Any notice from the Council shall inform the\nTribes of any meeting or hearing that is to be held under Section 6.2\nand invite them to attend. The Parties and the Council shall consider\nthe comments received under this Section before approving, approving\nwith modifications or disapproving any Proposal subject to Council or\nRegional Review.\n 3. In addition to the specific consultation mechanisms described\nabove, the Council shall seek to establish mutually agreed upon\nmechanisms or processes to facilitate dialogue with, and input from\nfederally recognized Tribes on matters to be dealt with by the Council;\nand, the Council shall seek to establish mechanisms and processes with\nfederally recognized Tribes designed to facilitate on-going scientific\nand technical interaction and data exchange regarding matters falling\nwithin the scope of this Compact. This may include participation of\ntribal representatives on advisory committees established under this\nCompact or such other processes that are mutually-agreed upon with\nfederally recognized Tribes individually or through duly-authorized\nintertribal agencies or bodies.\n ARTICLE 6\n PUBLIC PARTICIPATION\n Section 6.1. Meetings, Public Hearings and Records.\n 1. The Parties recognize the importance and necessity of public\nparticipation in promoting management of the Water Resources of the\nBasin. Consequently, all meetings of the Council shall be open to the\npublic, except with respect to issues of personnel.\n 2. The minutes of the Council shall be a public record open to\ninspection at its offices during regular business hours.\n Section 6.2. Public Participation.\n It is the intent of the Council to conduct public participation\nprocesses concurrently and jointly with processes undertaken by the\nParties and through Regional Review. To ensure adequate public\nparticipation, each Party or the Council shall ensure procedures for the\nreview of Proposals subject to the Standard of Review and Decision\nconsistent with the following requirements:\n 1. Provide public notification of receipt of all Applications and a\nreasonable opportunity for the public to submit comments before\nApplications are acted upon.\n 2. Assure public accessibility to all documents relevant to an\nApplication, including public comment received.\n 3. Provide guidance on standards for determining whether to conduct a\npublic meeting(s) or hearing(s) for an Application, time and place of\nsuch a meeting or hearing, and procedures for conducting of the same.\n 4. Provide the record of decision for public inspection including\ncomments, objections, responses and approvals, approvals with conditions\nand disapprovals.\n ARTICLE 7\n DISPUTE RESOLUTION AND ENFORCEMENT\n Section 7.1. Good Faith Implementation.\n Each of the Parties pledges to support implementation of all\nprovisions of this Compact, and covenants that its officers and agencies\nshall not hinder, impair, or prevent any other Party carrying out any\nprovision of this Compact.\n Section 7.2. Alternative Dispute Resolution.\n 1. Desiring that this Compact be carried out in full, the Parties\nagree that disputes between the Parties regarding interpretation,\napplication and implementation of this Compact shall be settled by\nalternative dispute resolution.\n 2. The Council, in consultation with the Provinces, shall provide by\nrule procedures for the resolution of disputes pursuant to this section.\n Section 7.3. Enforcement.\n 1. Any Person aggrieved by any action taken by the Council pursuant to\nthe authorities contained in this Compact shall be entitled to a hearing\nbefore the Council. Any Person aggrieved by a Party action shall be\nentitled to a hearing pursuant to the relevant Party's administrative\nprocedures and laws. After exhaustion of such administrative remedies,\n(i) any aggrieved Person shall have the right to judicial review of a\nCouncil action in the United States District Courts for the District of\nColumbia or the District Court in which the Council maintains offices,\nprovided such action is commenced within 90 days; and, (ii) any\naggrieved Person shall have the right to judicial review of a Party's\naction in the relevant Party's court of competent jurisdiction, provided\nthat an action or proceeding for such review is commenced within the\ntime frames provided for by the Party's law. For the purposes of this\nParagraph, a State or Province is deemed to be an aggrieved Person with\nrespect to any Party action pursuant to this Compact.\n 2. a. Any Party or the Council may initiate actions to compel\ncompliance with the provisions of this Compact, and the rules and\nregulations promulgated hereunder by the Council. Jurisdiction over such\nactions is granted to the court of the relevant Party, as well as the\nUnited States District Courts for the District of Columbia and the\nDistrict Court in which the Council maintains offices. The remedies\navailable to any such court shall include, but not be limited to,\nequitable relief and civil penalties.\n b. Each Party may issue orders within its respective jurisdiction and\nmay initiate actions to compel compliance with the provisions of its\nrespective statutes and regulations adopted to implement the authorities\ncontemplated by this Compact in accordance with the provisions of the\nlaws adopted in each Party's jurisdiction.\n 3. Any aggrieved Person, Party or the Council may commence a civil\naction in the relevant Party's courts and administrative systems to\ncompel any Person to comply with this Compact should any such Person,\nwithout approval having been given, undertake a New or Increased\nWithdrawal, Consumptive Use or Diversion that is prohibited or subject\nto approval pursuant to this Compact.\n a. No action under this subsection may be commenced if:\n i. The Originating Party or Council approval for the New or Increased\nWithdrawal, Consumptive Use or Diversion has been granted; or,\n ii. The Originating Party or Council has found that the New or\nIncreased Withdrawal, Consumptive Use or Diversion is not subject to\napproval pursuant to this Compact.\n b. No action under this subsection may be commenced unless:\n i. A Person commencing such action has first given 60 days prior\nnotice to the Originating Party, the Council and Person alleged to be in\nnoncompliance; and,\n ii. Neither the Originating Party nor the Council has commenced and is\ndiligently prosecuting appropriate enforcement actions to compel\ncompliance with this Compact.\n The available remedies shall include equitable relief, and the\nprevailing or substantially prevailing party may recover the costs of\nlitigation, including reasonable attorney and expert witness fees,\nwhenever the court determines that such an award is appropriate.\n 4. Each of the Parties may adopt provisions providing additional\nenforcement mechanisms and remedies including equitable relief and civil\npenalties applicable within its jurisdiction to assist in the\nimplementation of this Compact.\n ARTICLE 8\n ADDITIONAL PROVISIONS\n Section 8.1. Effect on Existing Rights.\n 1. Nothing in this Compact shall be construed to affect, limit,\ndiminish or impair any rights validly established and existing as of the\neffective date of this Compact under State or federal law governing the\nWithdrawal of Waters of the Basin.\n 2. Nothing contained in this Compact shall be construed as affecting\nor intending to affect or in any way to interfere with the law of the\nrespective Parties relating to common law Water rights.\n 3. Nothing in this Compact is intended to abrogate or derogate from\ntreaty rights or rights held by any Tribe recognized by the federal\ngovernment of the United States based upon its status as a Tribe\nrecognized by the federal government of the United States.\n 4. An approval by a Party or the Council under this Compact does not\ngive any property rights, nor any exclusive privileges, nor shall it be\nconstrued to grant or confer any right, title, easement, or interest in,\nto or over any land belonging to or held in trust by a Party; neither\ndoes it authorize any injury to private property or invasion of private\nrights, nor infringement of federal, State or local laws or regulations;\nnor does it obviate the necessity of obtaining federal assent when\nnecessary.\n Section 8.2. Relationship to Agreements Concluded by the United States\nof America.\n 1. Nothing in this Compact is intended to provide nor shall be\nconstrued to provide, directly or indirectly, to any Person any right,\nclaim or remedy under any treaty or international agreement nor is it\nintended to derogate any right, claim, or remedy that already exists\nunder any treaty or international agreement.\n 2. Nothing in this Compact is intended to infringe nor shall be\nconstrued to infringe upon the treaty power of the United States of\nAmerica, nor shall any term hereof be construed to alter or amend any\ntreaty or term thereof that has been or may hereafter be executed by the\nUnited States of America.\n 3. Nothing in this Compact is intended to affect nor shall be\nconstrued to affect the application of the Boundary Waters Treaty of\n1909 whose requirements continue to apply in addition to the\nrequirements of this Compact.\n Section 8.3. Confidentiality.\n 1. Nothing in this Compact requires a Party to breach confidentiality\nobligations or requirements prohibiting disclosure, or to compromise\nsecurity of commercially sensitive or proprietary information.\n 2. A Party may take measures, including but not limited to deletion\nand redaction, deemed necessary to protect any confidential, proprietary\nor commercially sensitive information when distributing information to\nother Parties. The Party shall summarize or paraphrase any such\ninformation in a manner sufficient for the Council to exercise its\nauthorities contained in this Compact.\n Section 8.4. Additional Laws.\n Nothing in this Compact shall be construed to repeal, modify or\nqualify the authority of any Party to enact any legislation or enforce\nany additional conditions and restrictions regarding the management and\nregulation of Waters within its jurisdiction.\n Section 8.5. Amendments and Supplements.\n The provisions of this Compact shall remain in full force and effect\nuntil amended by action of the governing bodies of the Parties and\nconsented to and approved by any other necessary authority in the same\nmanner as this Compact is required to be ratified to become effective.\n Section 8.6. Severability.\n Should a court of competent jurisdiction hold any part of this Compact\nto be void or unenforceable, it shall be considered severable from those\nportions of the Compact capable of continued implementation in the\nabsence of the voided provisions. All other provisions capable of\ncontinued implementation shall continue in full force and effect.\n Section 8.7. Duration of Compact and Termination.\n Once effective, the Compact shall continue in force and remain binding\nupon each and every Party unless terminated.\n This Compact may be terminated at any time by a majority vote of the\nParties. In the event of such termination, all rights established under\nit shall continue unimpaired.\n ARTICLE 9\n EFFECTUATION\n Section 9.1. Repealer.\n All acts and parts of acts inconsistent with this act are to the\nextent of such inconsistency hereby repealed.\n Section 9.2. Effectuation by Chief Executive.\n The Governor is authorized to take such action as may be necessary and\nproper in his or her discretion to effectuate the Compact and the\ninitial organization and operation thereunder.\n Section 9.3. Entire Agreement.\n The parties consider this Compact to be complete and an integral\nwhole. Each provision of this Compact is considered material to the\nentire Compact, and failure to implement or adhere to any provision may\nbe considered a material breach. Unless otherwise noted in this Compact,\nany change or amendment made to the Compact by any Party in its\nimplementing legislation or by the U.S. Congress when giving its consent\nto this Compact is not considered effective unless concurred in by all\nParties.\n Section 9.4. Effective Date and Execution.\n This Compact shall become binding and effective when ratified through\nconcurring legislation by the states of Illinois, Indiana, Michigan,\nMinnesota, New York, Ohio and Wisconsin and the Commonwealth of\nPennsylvania and consented to by the Congress of the United States. This\nCompact shall be signed and sealed in nine identical original copies by\nthe respective chief executives of the signatory Parties. One such copy\nshall be filed with the Secretary of State of each of the signatory\nParties or in accordance with the laws of the state in which the filing\nis made, and one copy shall be filed and retained in the archives of the\nCouncil upon its organization. The signatures shall be affixed and\nattested under the following form:\n In Witness Whereof, and in evidence of the adoption and enactment into\nlaw of this Compact by the legislatures of the signatory parties and\nconsent by the Congress of the United States, the respective Governors\ndo hereby, in accordance with the authority conferred by law, sign this\nCompact in nine duplicate original copies, attested by the respective\nSecretaries of State, and have caused the seals of the respective states\nto be hereunto affixed this____ day of (month), (year)\n