N.Y. Environmental Conservation Law § 21-1001: The Great Lakes-St

§ 21-1001. The Great Lakes-St. Lawrence River Basin Water Resources

Compact.

GREAT LAKES-ST. LAWRENCE RIVER BASIN WATER RESOURCES COMPACT

ARTICLE 1

SHORT TITLE, DEFINITIONS, PURPOSES AND DURATION

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

the "Great Lakes-St. Lawrence River Basin Water Resources Compact."

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

supplemental or concurring legislation enacted pursuant thereto, except

as may be otherwise required by the context:

Adaptive Management means a Water resources management system that

provides a systematic process for evaluation, monitoring and learning

from the outcomes of operational programs and adjustment of policies,

plans and programs based on experience and the evolution of scientific

knowledge concerning Water resources and Water Dependent Natural

Resources.

Agreement means the Great Lakes-St. Lawrence River Basin Sustainable

Water Resources Agreement.

Applicant means a Person who is required to submit a Proposal that is

subject to management and regulation under this Compact. Application has

a corresponding meaning.

Basin or Great Lakes-St. Lawrence River Basin means the watershed of

the Great Lakes and the St. Lawrence River upstream from Trois-Rivieres,

Quebec within the jurisdiction of the Parties.

Basin Ecosystem or Great Lakes-St. Lawrence River Basin Ecosystem

means the interacting components of air, land, Water and living

organisms, including humankind, within the Basin.

Community within a Straddling County means any incorporated city, town

or the equivalent thereof, that is located outside the Basin but wholly

within a County that lies partly within the Basin and that is not a

Straddling Community.

Compact means this Compact.

Consumptive Use means that portion of the Water Withdrawn or withheld

from the Basin that is lost or otherwise not returned to the Basin due

to evaporation, incorporation into Products, or other processes.

Council means the Great Lakes-St. Lawrence River Basin Water Resources

Council, created by this Compact.

Council Review means the collective review by the Council members as

described in article 4 of this Compact.

County means the largest territorial division for local government in

a State. The County boundaries shall be defined as those boundaries that

exist as of December 13, 2005.

Cumulative Impacts mean the impact on the Basin Ecosystem that results

from incremental effects of all aspects of a Withdrawal, Diversion or

Consumptive Use in addition to other past, present, and reasonably

foreseeable future Withdrawals, Diversions and Consumptive Uses

regardless of who undertakes the other Withdrawals, Diversions and

Consumptive Uses. Cumulative Impacts can result from individually minor

but collectively significant Withdrawals, Diversions and Consumptive

Uses taking place over a period of time.

Decision-Making Standard means the decision-making standard

established by Section 4.11 for Proposals subject to management and

regulation in Section 4.10.

Diversion means a transfer of Water from the Basin into another

watershed, or from the watershed of one of the Great Lakes into that of

another by any means of transfer, including but not limited to a

pipeline, canal, tunnel, aqueduct, channel, modification of the

direction of a water course, a tanker ship, tanker truck or rail tanker

but does not apply to Water that is used in the Basin or a Great Lake

watershed to manufacture or produce a Product that is then transferred

out of the Basin or watershed. Divert has a corresponding meaning.

Environmentally Sound and Economically Feasible Water Conservation

Measures mean those measures, methods, technologies or practices for

efficient water use and for reduction of water loss and waste or for

reducing a Withdrawal, Consumptive Use or Diversion that (i) are

environmentally sound, (ii) reflect best practices applicable to the

water use sector, (iii) are technically feasible and available, (iv) are

economically feasible and cost effective based on an analysis that

considers direct and avoided economic and environmental costs and (v)

consider the particular facilities and processes involved, taking into

account the environmental impact, age of equipment and facilities

involved, the processes employed, energy impacts and other appropriate

factors.

Exception means a transfer of Water that is excepted under Section 4.9

from the prohibition against Diversions in Section 4.8.

Exception Standard means the standard for Exceptions established in

Section 4.9.4.

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

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

Measures means any legislation, law, regulation, directive,

requirement, guideline, program, policy, administrative practice or

other procedure.

New or Increased Diversion means a new Diversion, an increase in an

existing Diversion, or the alteration of an existing Withdrawal so that

it becomes a Diversion.

New or Increased Withdrawal or Consumptive Use means a new Withdrawal

or Consumptive Use or an increase in an existing Withdrawal or

Consumptive Use.

Originating Party means the Party within whose jurisdiction an

Application or registration is made or required.

Party means a State party to this Compact.

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

or a non-governmental organization, including any scientific,

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

association that is neither affiliated with, nor under the direction of

a government.

Product means something produced in the Basin by human or mechanical

effort or through agricultural processes and used in manufacturing,

commercial or other processes or intended for intermediate or end use

consumers. (i) Water used as part of the packaging of a Product shall be

considered to be part of the Product. (ii) Other than Water used as part

of the packaging of a Product, Water that is used primarily to transport

materials in or out of the Basin is not a Product or part of a Product.

(iii) Except as provided in (i) above, Water which is transferred as

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

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

reservoirs, aquifers, or water basins is not a Product.

Proposal means a Withdrawal, Diversion or Consumptive Use of Water

that is subject to this Compact.

Province means Ontario or Quebec.

Public Water Supply Purposes means water distributed to the public

through a physically connected system of treatment, storage and

distribution facilities serving a group of largely residential customers

that may also serve industrial, commercial, and other institutional

operators. Water Withdrawn directly from the Basin and not through such

a system shall not be considered to be used for Public Water Supply

Purposes.

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

Ontario and Quebec or their designee as established by the Agreement.

Regional Review means the collective review by the Regional Body as

described in Article 4 of this Compact.

Source Watershed means the watershed from which a Withdrawal

originates. If Water is Withdrawn directly from a Great Lake or from

the St. Lawrence River, then the Source Watershed shall be considered

to be the watershed of that Great Lake or the watershed of the St.

Lawrence River, respectively. If Water is Withdrawn from the watershed

of a stream that is a direct tributary to a great lake or a direct

tributary to the St. Lawrence River, then the Source Watershed shall be

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

the St. Lawrence River, respectively, with a preference to the direct

tributary stream watershed from which it was Withdrawn.

Standard of Review and Decision means the Exception Standard,

Decision-Making Standard and reviews as outlined in Article 4 of this

Compact.

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

Minnesota, New York, Ohio or Wisconsin or the Commonwealth of

Pennsylvania.

Straddling Community means any incorporated city, town or the

equivalent thereof, wholly within any County that lies partly or

completely within the Basin, whose corporate boundary existing as of the

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

within two Great Lakes watersheds.

Technical Review means a detailed review conducted to determine

whether or not a Proposal that requires Regional Review under this

Compact meets the Standard of Review and Decision following procedures

and guidelines as set out in this Compact.

Water means ground or surface water contained within the Basin.

Water Dependent Natural Resources means the interacting components of

land, Water and living organisms affected by the Waters of the Basin.

Waters of the Basin or Basin Water means the Great Lakes and all

streams, rivers, lakes, connecting channels and other bodies of water,

including tributary groundwater, within the Basin.

Withdrawal means the taking of water from surface water or

groundwater. Withdraw has a corresponding meaning.

Section 1.3. Findings and Purposes.

The legislative bodies of the respective Parties hereby find and

declare:

1. Findings:

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

shared and held in trust by the States;

b. The Waters of the Basin are interconnected and part of a single

hydrologic system;

c. The Waters of the Basin can concurrently serve multiple uses. Such

multiple uses include municipal, public, industrial, commercial,

agriculture, mining, navigation, energy development and production,

recreation, the subsistence, economic and cultural activities of native

peoples, Water quality maintenance, and the maintenance of fish and

wildlife habitat and a balanced ecosystem. And, other purposes are

encouraged, recognizing that such uses are interdependent and must be

balanced;

d. Future Diversions and Consumptive Uses of Basin Water resources

have the potential to significantly impact the environment, economy and

welfare of the Great Lakes-St. Lawrence River region;

e. Continued sustainable, accessible and adequate Water supplies for

the people and economy of the Basin are of vital importance; and,

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

improve and manage the renewable but finite Waters of the Basin for the

use, benefit and enjoyment of all their citizens, including generations

yet to come. The most effective means of protecting, conserving,

restoring, improving and managing the Basin Waters is through the joint

pursuit of unified and cooperative principles, policies and programs

mutually agreed upon, enacted and adhered to by all Parties.

2. Purposes:

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

effectively manage the Waters and Water Dependent Natural Resources of

the Basin under appropriate arrangements for intergovernmental

cooperation and consultation because current lack of full scientific

certainty should not be used as a reason for postponing measures to

protect the Basin Ecosystem;

b. To remove causes of present and future controversies;

c. To provide for cooperative planning and action by the Parties with

respect to such Water resources;

d. To facilitate consistent approaches to Water management across the

Basin while retaining State management authority over Water management

decisions within the Basin;

e. To facilitate the exchange of data, strengthen the scientific

information base upon which decisions are made and engage in

consultation on the potential effects of proposed Withdrawals and losses

on the Waters and Water Dependent Natural Resources of the Basin;

f. To prevent significant adverse impacts of Withdrawals and losses on

the Basin's ecosystems and watersheds;

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

h. To promote an Adaptive Management approach to the conservation and

management of Basin Water resources, which recognizes, considers and

provides adjustments for the uncertainties in, and evolution of,

scientific knowledge concerning the Basin's Waters and Water Dependent

Natural Resources.

Section 1.4. Science. 1. The Parties commit to provide leadership for

the development of a collaborative strategy with other regional partners

to strengthen the scientific basis for sound Water management decision

making under this Compact.

2. The strategy shall guide the collection and application of

scientific information to support:

a. An improved understanding of the individual and Cumulative Impacts

of Withdrawals from various locations and Water sources on the Basin

Ecosystem and to develop a mechanism by which impacts of Withdrawals may

be assessed;

b. The periodic assessment of Cumulative Impacts of Withdrawals,

Diversions and Consumptive Uses on a Great Lake and St. Lawrence River

watershed basis;

c. Improved scientific understanding of the Waters of the Basin;

d. Improved understanding of the role of groundwater in Basin Water

resources management; and,

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

related to Water conservation and Water use efficiency.

ARTICLE 2

ORGANIZATION

Section 2.1. Council Created.

The Great Lakes-St. Lawrence River Basin Water Resources Council is

hereby created as a body politic and corporate, with succession for the

duration of this Compact, as an agency and instrumentality of the

governments of the respective Parties.

Section 2.2. Council membership.

The Council shall consist of the Governors of the Parties, ex officio.

Section 2.3. Alternates.

Each member of the Council shall appoint at least one alternate who

may act in his or her place and stead, with authority to attend all

meetings of the Council and with power to vote in the absence of the

member. Unless otherwise provided by law of the Party for which he or

she is appointed, each alternate shall serve during the term of the

member appointing him or her, subject to removal at the pleasure of the

member. In the event of a vacancy in the office of alternate, it shall

be filled in the same manner as an original appointment for the

unexpired term only.

Section 2.4. Voting.

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

before the Council.

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

majority.

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

the amount required to balance the budget shall be apportioned equitably

among the Parties by unanimous vote of the Council. The appropriation of

such amounts shall be subject to such review and approval as may be

required by the budgetary processes of the respective Parties.

4. The participation of Council members from a majority of the Parties

shall constitute a quorum for the transaction of business at any meeting

of the Council.

Section 2.5. Organization and Procedure.

The Council shall provide for its own organization and procedure, and

may adopt rules and regulations governing its meetings and transactions,

as well as the procedures and timeline for submission, review and

consideration of Proposals that come before the Council for its review

and action. The Council shall organize, annually, by the election of a

Chair and Vice Chair from among its members. Each member may appoint an

advisor, who may attend all meetings of the Council and its committees,

but shall not have voting power. The Council may employ or appoint

professional and administrative personnel, including an Executive

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

Compact.

Section 2.6. Use of Existing Offices and Agencies.

It is the policy of the Parties to preserve and utilize the functions,

powers and duties of existing offices and agencies of government to the

extent consistent with this Compact. Further, the Council shall promote

and aid the coordination of the activities and programs of the Parties

concerned with Water resources management in the Basin. To this end, but

without limitation, the Council may:

1. Advise, consult, contract, assist or otherwise cooperate with any

and all such agencies;

2. Employ any other agency or instrumentality of any of the Parties

for any purpose; and,

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

of the Parties.

Section 2.7. Jurisdiction.

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

and duties within the limits of the Basin. Outside the Basin, it may act

in its discretion, but only to the extent such action may be necessary

or convenient to effectuate or implement its powers or responsibilities

within the Basin and subject to the consent of the jurisdiction wherein

it proposes to act.

Section 2.8. Status, Immunities and Privileges.

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

and when engaged directly in the affairs of the Council, its property

and its assets, wherever located and by whomsoever held, shall enjoy the

same immunity from suit and every form of judicial process as is enjoyed

by the Parties, except to the extent that the Council may expressly

waive its immunity for the purposes of any proceedings or by the terms

of any contract.

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

whomsoever held, shall be considered public property and shall be immune

from search, requisition, confiscation, expropriation or any other form

of taking or foreclosure by executive or legislative action.

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

it carries out pursuant to this Compact shall be immune from all

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

political subdivision thereof; provided, however, that in lieu of

property taxes the Council may make reasonable payments to local taxing

districts in annual amounts which shall approximate the taxes lawfully

assessed upon similar property.

Section 2.9. Advisory Committees.

The Council may constitute and empower advisory committees, which may

be comprised of representatives of the public and of federal, State,

tribal, county and local governments, water resources agencies,

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

experts in related fields.

ARTICLE 3

GENERAL POWERS AND DUTIES

Section 3.1. General.

The Waters and Water Dependent Natural Resources of the Basin are

subject to the sovereign right and responsibilities of the Parties, and

it is the purpose of this Compact to provide for joint exercise of such

powers of sovereignty by the Council in the common interests of the

people of the region, in the manner and to the extent provided in this

Compact. The Council and the Parties shall use the Standard of Review

and Decision and procedures contained in or adopted pursuant to this

Compact as the means to exercise their authority under this Compact.

The Council may revise the Standard of Review and Decision, after

consultation with the Provinces and upon unanimous vote of all Council

members, by regulation duly adopted in accordance with Section 3.3 of

this Compact and in accordance with each Party's respective statutory

authorities and applicable procedures.

The Council shall identify priorities and develop plans and policies

relating to Basin Water resources. It shall adopt and promote uniform

and coordinated policies for Water resources conservation and management

in the Basin.

Section 3.2. Council Powers.

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

interpret, report and disseminate data on Water resources and uses;

forecast Water levels; conduct investigations; institute court actions;

design, acquire, construct, reconstruct, own, operate, maintain,

control, sell and convey real and personal property and any interest

therein as it may deem necessary, useful or convenient to carry out the

purposes of this Compact; make contracts; receive and accept such

payments, appropriations, grants, gifts, loans, advances and other

funds, properties and services as may be transferred or made available

to it by any Party or by any other public or private agency, corporation

or individual; and, exercise such other and different powers as may be

delegated to it by this Compact or otherwise pursuant to law, and have

and exercise all powers necessary or convenient to carry out its express

powers or which may be reasonably implied therefrom.

Section 3.3. Rules and Regulations.

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

as may be necessary for the implementation and enforcement of this

Compact. The Council may adopt by regulation, after public notice and

public hearing, reasonable Application fees with respect to those

Proposals for Exceptions that are subject to Council review under

Section 4.9. Any rule or regulation of the Council, other than one which

deals solely with the internal management of the Council or its

property, shall be adopted only after public notice and hearing.

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

and applicable procedures, may adopt and enforce rules and regulations

to implement and enforce this Compact and the programs adopted by such

Party to carry out the management programs contemplated by this Compact.

Section 3.4. Program Review and Findings.

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

Body detailing its Water management and conservation and efficiency

programs that implement this Compact. The report shall set out the

manner in which Water Withdrawals are managed by sector, Water source,

quantity or any other means, and how the provisions of the Standard of

Review and Decision and conservation and efficiency programs are

implemented. The first report shall be provided by each Party one year

from the effective date of this Compact and thereafter every 5 years.

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

Water management and conservation and efficiency programs and those of

the Parties that are established in this Compact and make findings on

whether the Water management program provisions in this Compact are

being met, and if not, recommend options to assist the Parties in

meeting the provisions of this Compact. Such review shall take place:

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

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

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

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

recommend a range of approaches to the Parties with respect to the

development, enhancement and application of Water management and

conservation and efficiency programs to implement the Standard of Review

and Decision reflecting improved scientific understanding of the Waters

of the Basin, including groundwater, and the impacts of Withdrawals on

the Basin Ecosystem.

ARTICLE 4

WATER MANAGEMENT AND REGULATION

Section 4.1. Water Resources Inventory, Registration and Reporting.

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

shall develop and maintain a Water resources inventory for the

collection, interpretation, storage, retrieval, exchange, and

dissemination of information concerning the Water resources of the

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

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

quantity of Withdrawals, Diversions and Consumptive Uses. To the extent

feasible, the Water resources inventory shall be developed in

cooperation with local, State, federal, tribal and other private

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

shall cooperate with that Party in the development and maintenance of

the inventory.

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

data regarding the management of the Water Resources of the Basin and to

establish systematic arrangements for the exchange of those data with

other States and Provinces.

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

within five years of the effective date of this Compact any Person who

Withdraws Water in an amount of 100,000 gallons per day or greater

average in any 30-day period (including Consumptive Uses) from all

sources, or Diverts Water of any amount, shall register the Withdrawal

or Diversion by a date set by the Council unless the Person has

previously registered in accordance with an existing State program. The

Person shall register the Withdrawal or Diversion with the Originating

Party using a form prescribed by the Originating Party that shall

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

the registrant and date of registration; the locations and sources of

the Withdrawal or Diversion; the capacity of the Withdrawal or Diversion

per day and the amount Withdrawn or Diverted from each source; the uses

made of the Water; places of use and places of discharge; and, such

other information as the Originating Party may require. All

registrations shall include an estimate of the volume of the Withdrawal

or Diversion in terms of gallons per day average in any 30-day period.

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

Withdrawal, Consumptive Use and Diversion in gallons to the Originating

Party and any other information requested by the Originating Party.

5. Each Party shall annually report the information gathered pursuant

to this Section to a Great Lakes - St. Lawrence River Water use data

base repository and aggregated information shall be made publicly

available, consistent with the confidentiality requirements in Section

8.3.

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

be used to improve the sources and applications of scientific

information regarding the Waters of the Basin and the impacts of the

Withdrawals and Diversions from various locations and Water sources on

the Basin Ecosystem, and to better understand the role of groundwater in

the Basin. The Council and the Parties shall coordinate the collection

and application of scientific information to further develop a mechanism

by which individual and Cumulative Impacts of Withdrawals, Consumptive

Uses and Diversions shall be assessed.

Section 4.2. Water Conservation and Efficiency Programs.

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

Basin-wide Water conservation and efficiency objectives to assist the

Parties in developing their Water conservation and efficiency program.

These objectives are based on the goals of:

a. Ensuring improvement of the Waters and Water Dependent Natural

Resources;

b. Protecting and restoring the hydrologic and ecosystem integrity of

the Basin;

c. Retaining the quantity of surface water and groundwater in the

Basin;

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

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

Water.

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

shall develop its own Water conservation and efficiency goals and

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

shall develop and implement a Water conservation and efficiency program,

either voluntary or mandatory, within its jurisdiction based on the

Party's goals and objectives. Each Party shall annually assess its

programs in meeting the Party's goals and objectives, report to the

Council and the Regional Body and make this annual assessment available

to the public.

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

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

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

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

in implementing their programs. This assessment will be based on

examining new technologies, new patterns of Water use, new resource

demands and threats, and Cumulative Impact assessment under Section

4.15.

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

commit to promote Environmentally Sound and Economically Feasible Water

Conservation Measures such as:

a. Measures that promote efficient use of Water;

b. Identification and sharing of best management practices and state

of the art conservation and efficiency technologies;

c. Application of sound planning principles;

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

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

5. Each Party shall implement in accordance with Paragraph 2 a

voluntary or mandatory Water conservation program for all, including

existing, Basin Water users. Conservation programs need to adjust to new

demands and the potential impacts of cumulative effects and climate.

Section 4.3. Party Powers and Duties.

1. Each Party, within its jurisdiction, shall manage and regulate New

or Increased Withdrawals, Consumptive Uses and Diversions, including

Exceptions, in accordance with this Compact.

2. Each Party shall require an Applicant to submit an Application in

such manner and with such accompanying information as the Party shall

prescribe.

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

Proposal is inconsistent with this Compact or the Standard of Review and

Decision or any implementing rules or regulations promulgated

thereunder. The Party may approve, approve with modifications or

disapprove any Proposal depending on the Proposal's consistency with

this Compact and the Standard of Review and Decision.

4. Each Party shall monitor the implementation of any approved

Proposal to ensure consistency with the approval and may take all

necessary enforcement actions.

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

Review, or both, pursuant to this Compact unless it shall have been

first submitted to and reviewed by either the Council or Regional Body,

or both, and approved by the council, as applicable. Sufficient

opportunity shall be provided for comment on the Proposal's consistency

with this Compact and the Standard of Review and Decision. All such

comments shall become part of the Party's formal record of decision, and

the Party shall take into consideration any such comments received.

Section 4.4. Requirement for Originating Party Approval.

No Proposal subject to management and regulation under this Compact

shall hereafter be undertaken by any Person unless it shall have been

approved by the Originating Party.

Section 4.5. Regional Review.

1. General.

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

Review of Proposals with the Provinces, as described in this Compact and

the Agreement.

b. Unless the Applicant or the Originating Party otherwise requests,

it shall be the goal of the Regional Body to conclude its review no

later than 90 days after notice under Section 4.5.2 of such Proposal is

received from the Originating Party.

c. Proposals for Exceptions subject to Regional Review shall be

submitted by the Originating Party to the Regional Body for Regional

Review, and where applicable, to the Council for concurrent review.

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

Lakes - St. Lawrence River Basin ecosystem shall be the overarching

principle for reviewing Proposals subject to Regional Review,

recognizing uncertainties with respect to demands that may be placed on

Basin Water, including groundwater, levels and flows of the Great Lakes

and the St. Lawrence River, future changes in environmental conditions,

the reliability of existing data and the extent to which Diversions may

harm the integrity of the Basin Ecosystem.

e. The Originating Party shall have lead responsibility for

coordinating information for resolution of issues related to evaluation

of a Proposal, and shall consult with the Applicant throughout the

Regional Review Process.

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

review of a regionally significant or potentially precedent setting

Proposal. Such Regional Review must be conducted, to the extent

possible, within the time frames set forth in this Section. Any such

Regional Review shall be undertaken only after consulting the Applicant.

2. Notice from Originating Party to the Regional Body.

a. The Originating Party shall determine if a Proposal is subject to

Regional Review. If so, the Originating Party shall provide timely

notice to the Regional Body and the public.

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

documents and the Originating Party's Technical Review needed to

evaluate whether the Proposal meets the Standard of Review and Decision

have been provided.

c. An Originating Party may:

i. Provide notice to the Regional Body of an Application, even if

notification is not required; or,

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

is not required. Any such Regional Review shall be undertaken only after

consulting the Applicant.

d. An Originating Party may provide preliminary notice of a potential

Proposal.

3. Public Participation.

a. To ensure adequate public participation, the Regional Body shall

adopt procedures for the review of Proposals that are subject to

Regional Review in accordance with this Article.

b. The Regional Body shall provide notice to the public of Proposal

undergoing Regional Review. Such notice shall indicate that the public

has an opportunity to comment in writing to the Regional Body on whether

the Proposal meets the Standard of Review and Decision.

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

Province of the Originating Party in order to receive public comment on

the issue of whether the Proposal under consideration meets the Standard

of Review and Decision.

d. The Regional Body shall consider the comments received before

issuing a Declaration of Finding.

e. The Regional Body shall forward the comments it receives to the

Originating Party.

4. Technical Review.

a. The Originating Party shall provide the Regional Body with its

Technical Review of the Proposal under consideration.

b. The Originating Party's Technical Review shall thoroughly analyze

the Proposal and provide an evaluation of the Proposal sufficient for a

determination of whether the Proposal meets the Standard of Review and

Decision.

c. Any member of the Regional Body may conduct their own Technical

Review of any Proposal subject to Regional Review.

d. At the request of the majority of its members, the Regional Body

shall make such arrangements as it considers appropriate for an

independent Technical Review of a Proposal.

e. All Parties shall exercise their best efforts to ensure that a

Technical Review undertaken under Sections 4.5.4.c and 4.5.4.d does not

unnecessarily delay the decision by the Originating Party on the

Application. Unless the Applicant or the Originating Party otherwise

requests, all Technical Reviews shall be completed no later than 60 days

after the date the notice of the Proposal was given to the Regional

Body.

5. Declaration of Finding.

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

shall be provided with an opportunity to present the Proposal to the

Regional Body at such time.

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

Party's Technical Review, any other independent Technical Review that is

made, any comments or objections including the analysis of comments made

by the public, First Nations and federally recognized Tribes, and any

other information that is provided under this Compact shall issue a

Declaration of Finding that the Proposal under consideration:

i. Meets the Standard of Review and Decision;

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

iii. Would meet the Standard of Review and Decision if certain

conditions were met.

c. An Originating Party may decline to participate in a Declaration of

Finding made by the Regional Body.

d. The Parties recognize and affirm that it is preferable for all

members of the Regional Body to agree whether the Proposal meets the

Standard of Review and Decision.

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

Declaration of Finding all agree, they shall issue a written Declaration

of Finding with consensus.

f. In the event that the members cannot agree, the Regional Body shall

make every reasonable effort to achieve consensus within 25 days.

g. Should consensus not be achieved, the Regional Body may issue a

Declaration of Finding that presents different points of view and

indicates each Party's conclusions.

h. The Regional Body shall release the Declarations of Finding to the

public.

i. The Originating Party and the Council shall consider the

Declaration of Finding before making a decision on the Proposal.

Section 4.6. Proposals Subject to Prior Notice.

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

Compact, the Originating Party shall provide all Parties and the

Provinces with detailed and timely notice and an opportunity to comment

within 90 days on any Proposal for a New or Increased Consumptive Use of

5 million gallons per day or greater average in any 90-day period.

Comments shall address whether or not the Proposal is consistent with

the Standard of Review and Decision. The Originating Party shall provide

a response to any such comment received from another Party.

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

response to comments even if this is not required under Paragraph 1 of

this Section. Any provision of such notice and opportunity to comment

shall be undertaken only after consulting the Applicant.

Section 4.7. Council Actions.

1. Proposals for Exceptions subject to Council Review shall be

submitted by the Originating Party to the Council for Council Review,

and where applicable, to the Regional Body for concurrent review.

2. The Council shall review and take action on Proposals in accordance

with this Compact and the Standard of Review and Decision. The Council

shall not take action on a Proposal subject to Regional Review pursuant

to this Compact unless the Proposal shall have been first submitted to

and reviewed by the Regional Body. The Council shall consider any

findings resulting from such review.

Section 4.8. Prohibition of New or Increased Diversions.

All New or Increased Diversions are prohibited, except as provided for

in this Article.

Section 4.9. Exceptions to the Prohibition of Diversions.

1. Straddling Communities. A Proposal to transfer Water to an area

within a Straddling Community but outside the Basin or outside the

source great lake Watershed shall be excepted from the prohibition

against Diversions and be managed and regulated by the Originating Party

provided that, regardless of the volume of Water transferred, all the

Water so transferred shall be used solely for Public Water Supply

Purposes within the Straddling Community, and:

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

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

Consumptive Use. No surface water or groundwater from outside the Basin

may be used to satisfy any portion of this criterion except if it:

i. Is part of a water supply or wastewater treatment system that

combines water from inside and outside of the Basin;

ii. Is treated to meet applicable water quality discharge standards

and to prevent the introduction of invasive species into the Basin;

iii. Maximizes the portion of water returned to the Source Watershed

as Basin Water and minimizes the surface water or groundwater from

outside the Basin;

b. If the Proposal results from a New or Increased Withdrawal of

100,000 gallons per day or greater average over any 90-day period, the

Proposal shall also meet the Exception Standard; and

c. If the Proposal results in a New or Increased Consumptive Use of 5

million gallons per day or greater average over any 90-day period, the

Proposal shall also undergo Regional Review.

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

would be considered a Diversion under this Compact, and not already

excepted pursuant to Paragraph 1 of this Section, shall be excepted from

the prohibition against Diversions, provided that:

a. If the Proposal results from a New or Increased Withdrawal less

than 100,000 gallons per day average over any 90-day period, the

Proposal shall be subject to management and regulation at the discretion

of the Originating Party.

b. If the Proposal results from a New or Increased Withdrawal 100,000

gallons per day or greater average over any 90-day period and if the

Consumptive Use resulting from the Withdrawal is less than five million

gallons per day average over any 90-day period:

i. The Proposal shall meet the Exception Standard and be subject to

management and regulation by the Originating Party, except that the

Water may be returned to another Great Lake watershed rather than the

Source Watershed;

ii. The Applicant shall demonstrate that there is no feasible, cost

effective, and environmentally sound water supply alternative within the

Great Lake watershed to which the Water will be transferred, including

conservation of existing water supplies; and,

iii. The Originating Party shall provide notice to the other Parties

prior to making any decision with respect to the Proposal.

c. If the Proposal results in a New or Increased Consumptive Use of 5

million gallons per day or greater average over any 90-day period:

i. The Proposal shall be subject to management and regulation by the

Originating Party and shall meet the Exception Standard, ensuring that

Water Withdrawn shall be returned to the Source Watershed;

ii. The Applicant shall demonstrate that there is no feasible, cost

effective, and environmentally sound water supply alternative within the

great lake watershed to which the Water will be transferred, including

conservation of existing water supplies;

iii. The Proposal undergoes Regional Review; and,

iv. The Proposal is approved by the Council. Council approval shall be

given unless one or more Council Members vote to disapprove.

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

within a Straddling County that would be considered a Diversion under

this Compact shall be excepted from the prohibition against Diversions,

provided that it satisfies all of the following conditions:

a. The Water shall be used solely for the Public Water Supply Purposes

of the Community within a Straddling County that is without adequate

supplies of potable water;

b. The Proposal meets the Exception Standard, maximizing the portion

of water returned to the Source Watershed as Basin Water and minimizing

the surface water or groundwater from outside the Basin;

c. The Proposal shall be subject to management and regulation by the

Originating Party, regardless of its size;

d. There is no reasonable water supply alternative within the basin in

which the community is located, including conservation of existing water

supplies;

e. Caution shall be used in determining whether or not the Proposal

meets the conditions for this Exception. This Exception should not be

authorized unless it can be shown that it will not endanger the

integrity of the Basin Ecosystem;

f. The Proposal undergoes Regional Review; and,

g. The Proposal is approved by the Council. Council approval shall be

given unless one or more Council Members vote to disapprove.

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

substantive consideration will also be given to whether or not the

Proposal can provide sufficient scientifically based evidence that the

existing water supply is derived from groundwater that is hydrologically

interconnected to Waters of the Basin.

4. Exception Standard. Proposals subject to management and regulation

in this Section shall be declared to meet this Exception Standard and

may be approved as appropriate only when the following criteria are met:

a. The need for all or part of the proposed Exception cannot be

reasonably avoided through the efficient use and conservation of

existing water supplies;

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

reasonable for the purposes for which it is proposed;

c. All Water Withdrawn shall be returned, either naturally or after

use, to the Source Watershed less an allowance for Consumptive Use. No

surface water or groundwater from the outside the Basin may be used to

satisfy any portion of this criterion except if it:

i. Is part of a water supply or wastewater treatment system that

combines water from inside and outside of the Basin;

ii. Is treated to meet applicable water quality discharge standards

and to prevent the introduction of invasive species into the Basin;

d. The Exception will be implemented so as to ensure that it will

result in no significant individual or cumulative adverse impacts to the

quantity or quality of the Waters and Water Dependent Natural Resources

of the Basin with consideration given to the potential Cumulative

Impacts of any precedent-setting consequences associated with the

Proposal;

e. The Exception will be implemented so as to incorporate

Environmentally Sound and Economically Feasible Water Conservation

Measures to minimize Water Withdrawals or Consumptive Use;

f. The Exception will be implemented so as to ensure that it is in

compliance with all applicable municipal, State and federal laws as well

as regional interstate and international agreements, including the

Boundary Waters Treaty of 1909; and,

g. All other applicable criteria in Section 4.9 have also been met.

Section 4.10. Management and regulation of New or Increased

Withdrawals and Consumptive Uses.

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

shall create a program for the management and regulation of New or

Increased Withdrawals and Consumptive Uses by adopting and implementing

Measures consistent with the Decision-Making Standard. Each Party,

through a considered process, shall set and may modify threshold levels

for the regulation of New or Increased Withdrawals in order to assure an

effective and efficient Water management program that will ensure that

uses overall are reasonable, that Withdrawals overall will not result in

significant impacts to the Waters and Water Dependent Natural Resources

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

physical, chemical, and biological integrity of Source Watersheds, and

that all other objectives of the Compact are achieved. Each Party may

determine the scope and thresholds of its program, including which New

or Increased Withdrawals and Consumptive Uses will be subject to the

program.

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

Section 4.10.1 any time before 10 years after the effective date of this

Compact shall apply a threshold level for management and regulation of

all New or Increased Withdrawals of 100,000 gallons per day or greater

average in any 90 day period.

3. The Parties intend programs for New or Increased Withdrawals and

Consumptive Uses to evolve as may be necessary to protect Basin Waters.

Pursuant to Section 3.4, the Council, in cooperation with the Provinces,

shall periodically assess the Water management programs of the Parties.

Such assessments may produce recommendations for the strengthening of

the programs, including without limitation, establishing lower

thresholds for management and regulation in accordance with the

Decision-Making Standard.

Section 4.11. Decision-Making Standard.

Proposals subject to management and regulation in Section 4.10 shall

be declared to meet this Decision-Making Standard and may be approved as

appropriate only when the following criteria are met:

1. All Water Withdrawn shall be returned, either naturally or after

use, to the Source Watershed less an allowance for Consumptive Use;

2. The Withdrawal or Consumptive Use will be implemented so as to

ensure that the Proposal will result in no significant individual or

cumulative adverse impacts to the quantity or quality of the Waters and

Water Dependent Natural Resources and the applicable Source Watershed;

3. The Withdrawal or Consumptive Use will be implemented so as to

incorporate Environmentally Sound and Economically Feasible Water

Conservation Measures;

4. The Withdrawal or Consumptive Use will be implemented so as to

ensure that it is in compliance with all applicable municipal, State and

federal laws as well as regional interstate and international

agreements, including the Boundary Waters Treaty of 1909;

5. The proposed use is reasonable, based upon a consideration of the

following factors:

a. Whether the proposed Withdrawal or Consumptive Use is planned in a

fashion that provides for efficient use of the water, and will avoid or

minimize the waste of Water;

b. If the proposal is for an increased Withdrawal or Consumptive Use,

whether efficient use is made of existing water supplies;

c. The balance between economic development, social development and

environmental protection of the proposed Withdrawal and use and other

existing or planned withdrawals and water uses sharing the water source;

d. The supply potential of the water source, considering quantity,

quality, and reliability and safe yield of hydrologically interconnected

water sources;

e. The probable degree and duration of any adverse impacts caused or

expected to be caused by the proposed Withdrawal and use under

foreseeable conditions, to other lawful consumptive or non-consumptive

uses of water or to the quantity or quality of the Waters and Water

Dependent Natural Resources of the Basin, and the proposed plans and

arrangements for avoidance or mitigation of such impacts; and,

f. If a proposal includes restoration of hydrologic conditions and

functions of the Source Watershed, the Party may consider that.

Section 4.12. Applicability.

1. Minimum Standard. This Standard of Review and Decision shall be

used as a minimum standard. Parties may impose a more restrictive

decision-making standard for Withdrawals under their authority. It is

also acknowledged that although a Proposal meets the Standard of Review

and Decision it may not be approved under the laws of the Originating

Party that has implemented more restrictive Measures.

2. Baseline. a. To establish a baseline for determining a New or

Increased Diversion, Consumptive Use or Withdrawal, each Party shall

develop either or both of the following lists for their jurisdiction:

i. A list of existing Withdrawal approvals as of the effective date of

the Compact;

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

date of this Compact. The capacity of the existing systems should be

presented in terms of Withdrawal capacity, treatment capacity,

distribution capacity, or other capacity limiting factors. The capacity

of the existing systems must represent the state of the systems.

Existing capacity determinations shall be based upon approval limits or

the most restrictive capacity information.

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

Consumptive Uses, or Withdrawals of Water set forth in the list(s)

prepared by each Party in accordance with this Section, shall constitute

the baseline volume.

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

within one year of the effective date of this Compact.

3. Timing of Additional Applications. Applications for New or

Increased Withdrawals, Consumptive Uses or Exceptions shall be

considered cumulatively within ten years of any application.

4. Change of Ownership. Unless a new owner proposes a project that

shall result in a Proposal for a new or Increased Diversion or

Consumptive Use subject to Regional Review or Council approval, the

change of ownership in and of itself shall not require Regional Review

or Council approval.

5. Groundwater. The Basin surface water divide shall be used for the

purpose of managing and regulating New or Increased Diversions,

Consumptive Uses or Withdrawals of surface water and groundwater.

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

groundwater resources that supply a common distribution system shall

determine the volume of a Withdrawal, Consumptive Use or Diversion.

7. Connecting Channels. The watershed of each Great Lake shall include

its upstream and downstream connecting channels.

8. Transmission in Water Lines. Transmission of Water within a line

that extends outside the Basin as it conveys Water from one point to

another within the Basin shall not be considered a Diversion if none of

the Water is used outside the Basin.

9. Hydrologic Units. The Lake Michigan and Lake Huron watersheds shall

be considered to be a single hydrologic unit and watershed.

10. Bulk Water Transfer. A Proposal to Withdraw Water and to remove it

from the Basin in any container greater than 5.7 gallons shall be

treated under this Compact in the same manner as a Proposal for a

Diversion. Each Party shall have the discretion, within its

jurisdiction, to determine the treatment of Proposals to Withdraw Water

and to remove it from the Basin in any container of 5.7 gallons or less.

Section 4.13. Exemptions.

Withdrawals from the Basin for the following purposes are exempt from

the requirements of Article 4.

1. To supply vehicles, including vessels and aircraft, whether for the

needs of the persons or animals being transported or for ballast or

other needs related to the operation of the vehicles.

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

firefighting, humanitarian, or emergency response purposes.

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

et al.

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

exception of Paragraph 5 of this Section, current, New or Increased

Withdrawals, Consumptive Uses and Diversions of Basin Water by the State

of Illinois shall be governed by the terms of the United States Supreme

Court decree in Wisconsin et al. v. Illinois et al. and shall not be

subject to the terms of this Compact nor any rules or regulations

promulgated pursuant to this Compact. This means that, with the

exception of Paragraph 5 of this Section, for purposes of this Compact,

current, New or Increased Withdrawals, Consumptive Uses and Diversions

of Basin Water within the State of Illinois shall be allowed unless

prohibited by the terms of the United States Supreme Court decree in

Wisconsin et al. v. Illinois et al.

2. The Parties acknowledge that the United States Supreme Court decree

in Wisconsin et al. v. Illinois et al. shall continue in full force and

effect, that this Compact shall not modify any terms thereof, and that

this Compact shall grant the parties no additional rights, obligations,

remedies or defenses thereto. The Parties specifically acknowledge that

this Compact shall not prohibit or limit the State of Illinois in any

manner from seeking additional Basin Water as allowed under the terms of

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

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

Illinois for additional Basin Water under the terms of said decree, or

any party from seeking any other type of modification to said decree. If

an application is made by any party to the Supreme Court of the United

States to modify said decree, the Parties to this Compact who are also

parties to the decree shall seek formal input from the Canadian

Provinces of Ontario and Quebec, with respect to the proposed

modification, use best efforts to facilitate the appropriate

participation of said Provinces in the proceedings to modify the decree,

and shall not unreasonably impede or restrict such participation.

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

New or Increased Withdrawals, Consumptive Uses and Diversions of Basin

Water by the State of Illinois are not subject to the terms of this

Compact, the State of Illinois is prohibited from using any term of this

Compact, including Section 4.9, to seek New or Increased Withdrawals,

Consumptive Uses or Diversions of Basin Water.

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

4.3, 4.4, 4.5, 4.6, 4.7, 4.8, 4.9, 4.10, 4.11, 4.12 (Paragraphs 1, 2, 3,

4, 6 and 10 only), and 4.13 of this Compact all relate to current, New

or Increased Withdrawals, Consumptive Uses and Diversions of Basin

Waters, said provisions do not apply to the State of Illinois. All other

provisions of this Compact not listed in the preceding sentence shall

apply to the State of Illinois, including the Water Conservation

Programs provision of Section 4.2.

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

outside the territorial boundaries of the Parties to this Compact,

decisions by the State of Illinois regarding such a Proposal would be

subject to all terms of this Compact, except Paragraphs 1, 3 and 4 of

this Section.

6. For purposes of the State of Illinois' participation in this

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

continued implementation of this Compact and, if severed, this Compact

shall no longer be binding on or enforceable by or against the State of

Illinois.

Section 4.15. Assessment of Cumulative Impacts.

1. The Parties in cooperation with the Provinces shall collectively

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

Basin basis, a periodic assessment of the Cumulative Impacts of

Withdrawals, Diversions and Consumptive Uses from the Waters of the

Basin, every 5 years or each time the incremental Basin Water losses

reach 50 million gallons per day average in any 90-day period in excess

of the quantity at the time of the most recent assessment, whichever

comes first, or at the request of one or more of the Parties. The

assessment shall form the basis for a review of the Standard of Review

and Decision, Council and Party regulations and their application. This

assessment shall:

a. Utilize the most current and appropriate guidelines for such a

review, which may include but not be limited to Council on Environmental

Quality and Environment Canada guidelines;

b. Give substantive consideration to climate change or other

significant threats to Basin Waters and take into account the current

state of scientific knowledge, or uncertainty, and appropriate Measures

to exercise caution in cases of uncertainty if serious damage may

result;

c. Consider adaptive management principles and approaches,

recognizing, considering and providing adjustments for the uncertainties

in, and evolution of science concerning the Basin's water resources,

watersheds and ecosystems, including potential changes to Basin-wide

processes, such as lake level cycles and climate.

2. The Parties have the responsibility of conducting this Cumulative

Impact assessment. Applicants are not required to participate in this

assessment.

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

conduct a separate cumulative impact assessment in connection with an

Application but shall submit information about the potential impacts of

a Proposal to the quantity or quality of the Waters and Water Dependent

Natural Resources of the applicable Source Watershed. An Applicant may,

however, provide an analysis of how their Proposal meets the no

significant adverse Cumulative Impact provision of the Standard of

Review and Decision.

ARTICLE 5

TRIBAL CONSULTATION

Section 5.1. Consultation with Tribes.

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

Section 6.2, appropriate consultations shall occur with federally

recognized Tribes in the Originating Party for all Proposals subject to

Council or Regional Review pursuant to this Compact. Such consultations

shall be organized in the manner suitable to the individual Proposal and

the laws and policies of the Originating Party.

2. All federally recognized Tribes within the Basin shall receive

reasonable notice indicating that they have an opportunity to comment in

writing to the Council or the Regional Body, or both, and other relevant

organizations on whether the Proposal meets the requirements of the

Standard of Review and Decision when a Proposal is subject to Regional

Review or Council approval. Any notice from the Council shall inform the

Tribes of any meeting or hearing that is to be held under Section 6.2

and invite them to attend. The Parties and the Council shall consider

the comments received under this Section before approving, approving

with modifications or disapproving any Proposal subject to Council or

Regional Review.

3. In addition to the specific consultation mechanisms described

above, the Council shall seek to establish mutually agreed upon

mechanisms or processes to facilitate dialogue with, and input from

federally recognized Tribes on matters to be dealt with by the Council;

and, the Council shall seek to establish mechanisms and processes with

federally recognized Tribes designed to facilitate on-going scientific

and technical interaction and data exchange regarding matters falling

within the scope of this Compact. This may include participation of

tribal representatives on advisory committees established under this

Compact or such other processes that are mutually-agreed upon with

federally recognized Tribes individually or through duly-authorized

intertribal agencies or bodies.

ARTICLE 6

PUBLIC PARTICIPATION

Section 6.1. Meetings, Public Hearings and Records.

1. The Parties recognize the importance and necessity of public

participation in promoting management of the Water Resources of the

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

public, except with respect to issues of personnel.

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

inspection at its offices during regular business hours.

Section 6.2. Public Participation.

It is the intent of the Council to conduct public participation

processes concurrently and jointly with processes undertaken by the

Parties and through Regional Review. To ensure adequate public

participation, each Party or the Council shall ensure procedures for the

review of Proposals subject to the Standard of Review and Decision

consistent with the following requirements:

1. Provide public notification of receipt of all Applications and a

reasonable opportunity for the public to submit comments before

Applications are acted upon.

2. Assure public accessibility to all documents relevant to an

Application, including public comment received.

3. Provide guidance on standards for determining whether to conduct a

public meeting(s) or hearing(s) for an Application, time and place of

such a meeting or hearing, and procedures for conducting of the same.

4. Provide the record of decision for public inspection including

comments, objections, responses and approvals, approvals with conditions

and disapprovals.

ARTICLE 7

DISPUTE RESOLUTION AND ENFORCEMENT

Section 7.1. Good Faith Implementation.

Each of the Parties pledges to support implementation of all

provisions of this Compact, and covenants that its officers and agencies

shall not hinder, impair, or prevent any other Party carrying out any

provision of this Compact.

Section 7.2. Alternative Dispute Resolution.

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

agree that disputes between the Parties regarding interpretation,

application and implementation of this Compact shall be settled by

alternative dispute resolution.

2. The Council, in consultation with the Provinces, shall provide by

rule procedures for the resolution of disputes pursuant to this section.

Section 7.3. Enforcement.

1. Any Person aggrieved by any action taken by the Council pursuant to

the authorities contained in this Compact shall be entitled to a hearing

before the Council. Any Person aggrieved by a Party action shall be

entitled to a hearing pursuant to the relevant Party's administrative

procedures and laws. After exhaustion of such administrative remedies,

(i) any aggrieved Person shall have the right to judicial review of a

Council action in the United States District Courts for the District of

Columbia or the District Court in which the Council maintains offices,

provided such action is commenced within 90 days; and, (ii) any

aggrieved Person shall have the right to judicial review of a Party's

action in the relevant Party's court of competent jurisdiction, provided

that an action or proceeding for such review is commenced within the

time frames provided for by the Party's law. For the purposes of this

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

respect to any Party action pursuant to this Compact.

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

compliance with the provisions of this Compact, and the rules and

regulations promulgated hereunder by the Council. Jurisdiction over such

actions is granted to the court of the relevant Party, as well as the

United States District Courts for the District of Columbia and the

District Court in which the Council maintains offices. The remedies

available to any such court shall include, but not be limited to,

equitable relief and civil penalties.

b. Each Party may issue orders within its respective jurisdiction and

may initiate actions to compel compliance with the provisions of its

respective statutes and regulations adopted to implement the authorities

contemplated by this Compact in accordance with the provisions of the

laws adopted in each Party's jurisdiction.

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

action in the relevant Party's courts and administrative systems to

compel any Person to comply with this Compact should any such Person,

without approval having been given, undertake a New or Increased

Withdrawal, Consumptive Use or Diversion that is prohibited or subject

to approval pursuant to this Compact.

a. No action under this subsection may be commenced if:

i. The Originating Party or Council approval for the New or Increased

Withdrawal, Consumptive Use or Diversion has been granted; or,

ii. The Originating Party or Council has found that the New or

Increased Withdrawal, Consumptive Use or Diversion is not subject to

approval pursuant to this Compact.

b. No action under this subsection may be commenced unless:

i. A Person commencing such action has first given 60 days prior

notice to the Originating Party, the Council and Person alleged to be in

noncompliance; and,

ii. Neither the Originating Party nor the Council has commenced and is

diligently prosecuting appropriate enforcement actions to compel

compliance with this Compact.

The available remedies shall include equitable relief, and the

prevailing or substantially prevailing party may recover the costs of

litigation, including reasonable attorney and expert witness fees,

whenever the court determines that such an award is appropriate.

4. Each of the Parties may adopt provisions providing additional

enforcement mechanisms and remedies including equitable relief and civil

penalties applicable within its jurisdiction to assist in the

implementation of this Compact.

ARTICLE 8

ADDITIONAL PROVISIONS

Section 8.1. Effect on Existing Rights.

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

diminish or impair any rights validly established and existing as of the

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

Withdrawal of Waters of the Basin.

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

or intending to affect or in any way to interfere with the law of the

respective Parties relating to common law Water rights.

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

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

government of the United States based upon its status as a Tribe

recognized by the federal government of the United States.

4. An approval by a Party or the Council under this Compact does not

give any property rights, nor any exclusive privileges, nor shall it be

construed to grant or confer any right, title, easement, or interest in,

to or over any land belonging to or held in trust by a Party; neither

does it authorize any injury to private property or invasion of private

rights, nor infringement of federal, State or local laws or regulations;

nor does it obviate the necessity of obtaining federal assent when

necessary.

Section 8.2. Relationship to Agreements Concluded by the United States

of America.

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

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

claim or remedy under any treaty or international agreement nor is it

intended to derogate any right, claim, or remedy that already exists

under any treaty or international agreement.

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

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

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

treaty or term thereof that has been or may hereafter be executed by the

United States of America.

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

construed to affect the application of the Boundary Waters Treaty of

1909 whose requirements continue to apply in addition to the

requirements of this Compact.

Section 8.3. Confidentiality.

1. Nothing in this Compact requires a Party to breach confidentiality

obligations or requirements prohibiting disclosure, or to compromise

security of commercially sensitive or proprietary information.

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

and redaction, deemed necessary to protect any confidential, proprietary

or commercially sensitive information when distributing information to

other Parties. The Party shall summarize or paraphrase any such

information in a manner sufficient for the Council to exercise its

authorities contained in this Compact.

Section 8.4. Additional Laws.

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

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

any additional conditions and restrictions regarding the management and

regulation of Waters within its jurisdiction.

Section 8.5. Amendments and Supplements.

The provisions of this Compact shall remain in full force and effect

until amended by action of the governing bodies of the Parties and

consented to and approved by any other necessary authority in the same

manner as this Compact is required to be ratified to become effective.

Section 8.6. Severability.

Should a court of competent jurisdiction hold any part of this Compact

to be void or unenforceable, it shall be considered severable from those

portions of the Compact capable of continued implementation in the

absence of the voided provisions. All other provisions capable of

continued implementation shall continue in full force and effect.

Section 8.7. Duration of Compact and Termination.

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

upon each and every Party unless terminated.

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

Parties. In the event of such termination, all rights established under

it shall continue unimpaired.

ARTICLE 9

EFFECTUATION

Section 9.1. Repealer.

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

extent of such inconsistency hereby repealed.

Section 9.2. Effectuation by Chief Executive.

The Governor is authorized to take such action as may be necessary and

proper in his or her discretion to effectuate the Compact and the

initial organization and operation thereunder.

Section 9.3. Entire Agreement.

The parties consider this Compact to be complete and an integral

whole. Each provision of this Compact is considered material to the

entire Compact, and failure to implement or adhere to any provision may

be considered a material breach. Unless otherwise noted in this Compact,

any change or amendment made to the Compact by any Party in its

implementing legislation or by the U.S. Congress when giving its consent

to this Compact is not considered effective unless concurred in by all

Parties.

Section 9.4. Effective Date and Execution.

This Compact shall become binding and effective when ratified through

concurring legislation by the states of Illinois, Indiana, Michigan,

Minnesota, New York, Ohio and Wisconsin and the Commonwealth of

Pennsylvania and consented to by the Congress of the United States. This

Compact shall be signed and sealed in nine identical original copies by

the respective chief executives of the signatory Parties. One such copy

shall be filed with the Secretary of State of each of the signatory

Parties or in accordance with the laws of the state in which the filing

is made, and one copy shall be filed and retained in the archives of the

Council upon its organization. The signatures shall be affixed and

attested under the following form:

In Witness Whereof, and in evidence of the adoption and enactment into

law of this Compact by the legislatures of the signatory parties and

consent by the Congress of the United States, the respective Governors

do hereby, in accordance with the authority conferred by law, sign this

Compact in nine duplicate original copies, attested by the respective

Secretaries of State, and have caused the seals of the respective states

to be hereunto affixed this____ day of (month), (year)