Header:
OHIO REVISED CODE ANNOTATED
TITLE 15. CONSERVATION OF NATURAL RESOURCES
CHAPTER 1522. GREAT LAKES-ST. LAWRENCE RIVER BASIN WATER RESOURCES COMPACT
Date:
09/28/2012
Document:
§ 1522.01. "Great Lakes-St. Lawrence river basin water resources compact" ratified, enacted into law, and entered into by Ohio
The "great lakes-st. Lawrence river basin water resources compact," which has been negotiated by representatives of this state and the states of Illinois, Indiana, Michigan, Minnesota, New York, and Wisconsin and the commonwealth of Pennsylvania, is hereby ratified, enacted into law, and entered into by this state as a party to it as follows:
AGREEMENT
Section 1. The states of Illinois, Indiana, Michigan, Minnesota, New York,
Ohio and Wisconsin and the Commonwealth of Pennsylvania hereby solemnly
covenant and agree with each other, upon enactment of concurrent legislation
by the respective state legislatures and consent by the Congress of the United
States as follows:
GREAT LAKES-ST. LAWRENCE RIVER BASIN WATER RESOURCES COMPACT
ARTICLE 1
SHORT TITLE, DEFINITIONS, PURPOSES AND DURATION
Section 1.1. Short Title.
This act shall be known and may be cited as the "Great Lakes-St. Lawrence
River Basin Water Resources Compact."
Section 1.2. Definitions.
For the purposes of this Compact, and of any supplemental or concurring
legislation enacted pursuant thereto, except as may be otherwise required by
the context:
Adaptive Management means a Water resources 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, nonprofit 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 five 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. Thirty 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 above 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 a Proposal
undergoing Regional Review. Such notice shall indicate that the public has an
opportunity to comment in writing to the Regional Body on whether the Proposal
meets the Standard of Review and Decision.
c. The Regional Body shall hold a public meeting in the State or
Province of the Originating Party in order to receive public comment on the
issue of whether the Proposal under consideration meets the Standard of Review
and Decision.
d. The Regional Body shall consider the comments received before
issuing a Declaration of Finding.
e. The Regional Body shall forward the comments it receives to the
Originating Party.
4. Technical Review.
a. The Originating Party shall provide the Regional Body with its
Technical Review of the Proposal under consideration.
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 Declaration 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 from 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 of 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 of
100,000 gallons per day or greater average over any 90-day period and if the
Consumptive Use resulting from the Withdrawal is less than 5 million gallons
per day average over any 90-day period:
i. The Proposal shall meet the Exception Standard and be subject
to management and regulation by the 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 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 ten 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.
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 Great 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 five 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 or hearing for an Application, time and place of such a
meeting(s) or hearing(s), 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 Court 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 Court 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).
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