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| To enact sections 1522.01, 1522.02, 1522.03, 1522.04, | 1 |
| 1522.05, 1522.06, 1522.07, and 1522.08 of the | 2 |
| Revised Code to ratify the Great Lakes-St. | 3 |
| Lawrence River Basin Water Resources Compact and | 4 |
| to establish related requirements. | 5 |
| Section 1. That sections 1522.01, 1522.02, 1522.03, 1522.04, | 6 |
| 1522.05, 1522.06, 1522.07, and 1522.08 of the Revised Code be | 7 |
| enacted to read as follows: | 8 |
| Sec. 1522.01. The "great lakes-st. Lawrence river basin | 9 |
| water resources compact," which has been negotiated by | 10 |
| representatives of this state and the states of Illinois, Indiana, | 11 |
| Michigan, Minnesota, New York, and Wisconsin and the commonwealth | 12 |
| of Pennsylvania, is hereby ratified, enacted into law, and entered | 13 |
| into by this state as a party to it as follows: | 14 |
| 15 | |
| Section 1. The states of Illinois, Indiana, Michigan, Minnesota, | 16 |
| New York, Ohio and Wisconsin and the Commonwealth of Pennsylvania | 17 |
| hereby solemnly covenant and agree with each other, upon enactment | 18 |
| of concurrent legislation by the respective state legislatures and | 19 |
| consent by the Congress of the United States as follows: | 20 |
| 21 | |
| 22 | |
| 23 | |
| Section 1.1. Short Title. | 24 |
| This act shall be known and may be cited as the "Great Lakes-St. | 25 |
| Lawrence River Basin Water Resources Compact." | 26 |
| Section 1.2. Definitions. | 27 |
| For the purposes of this Compact, and of any supplemental or | 28 |
| concurring legislation enacted pursuant thereto, except as may be | 29 |
| otherwise required by the context: | 30 |
| Adaptive Management means a Water resources management system that | 31 |
| provides a systematic process for evaluation, monitoring and | 32 |
| learning from the outcomes of operational programs and adjustment | 33 |
| of policies, plans and programs based on experience and the | 34 |
| evolution of scientific knowledge concerning Water resources and | 35 |
| Water Dependent Natural Resources. | 36 |
| Agreement means the Great Lakes-St. Lawrence River Basin | 37 |
| Sustainable Water Resources Agreement. | 38 |
| Applicant means a Person who is required to submit a Proposal that | 39 |
| is subject to management and regulation under this Compact. | 40 |
| Application has a corresponding meaning. | 41 |
| Basin or Great Lakes-St. Lawrence River Basin means the watershed | 42 |
| of the Great Lakes and the St. Lawrence River upstream from | 43 |
| Trois-Rivieres, Quebec within the jurisdiction of the Parties. | 44 |
| Basin Ecosystem or Great Lakes-St. Lawrence River Basin Ecosystem | 45 |
| means the interacting components of air, land, Water and living | 46 |
| organisms, including humankind, within the Basin. | 47 |
| Community within a Straddling County means any incorporated city, | 48 |
| town or the equivalent thereof, that is located outside the Basin | 49 |
| but wholly within a County that lies partly within the Basin and | 50 |
| that is not a Straddling Community. | 51 |
| Compact means this Compact. | 52 |
| Consumptive Use means that portion of the Water Withdrawn or | 53 |
| withheld from the Basin that is lost or otherwise not returned to | 54 |
| the Basin due to evaporation, incorporation into Products or other | 55 |
| processes. | 56 |
| Council means the Great Lakes-St. Lawrence River Basin Water | 57 |
| Resources Council, created by this Compact. | 58 |
| Council Review means the collective review by the Council members | 59 |
| as described in Article 4 of this Compact. | 60 |
| County means the largest territorial division for local government | 61 |
| in a State. The County boundaries shall be defined as those | 62 |
| boundaries that exist as of December 13, 2005. | 63 |
| Cumulative Impacts mean the impact on the Basin Ecosystem that | 64 |
| results from incremental effects of all aspects of a Withdrawal, | 65 |
| Diversion or Consumptive Use in addition to other past, present | 66 |
| and reasonably foreseeable future Withdrawals, Diversions and | 67 |
| Consumptive Uses regardless of who undertakes the other | 68 |
| Withdrawals, Diversions and Consumptive Uses. Cumulative Impacts | 69 |
| can result from individually minor but collectively significant | 70 |
| Withdrawals, Diversions and Consumptive Uses taking place over a | 71 |
| period of time. | 72 |
| Decision-Making Standard means the decision-making standard | 73 |
| established by Section 4.11 for Proposals subject to management | 74 |
| and regulation in Section 4.10. | 75 |
| Diversion means a transfer of Water from the Basin into another | 76 |
| watershed, or from the watershed of one of the Great Lakes into | 77 |
| that of another by any means of transfer, including but not | 78 |
| limited to a pipeline, canal, tunnel, aqueduct, channel, | 79 |
| modification of the direction of a water course, a tanker ship, | 80 |
| tanker truck or rail tanker but does not apply to Water that is | 81 |
| used in the Basin or a Great Lake watershed to manufacture or | 82 |
| produce a Product that is then transferred out of the Basin or | 83 |
| watershed. Divert has a corresponding meaning. | 84 |
| Environmentally Sound and Economically Feasible Water Conservation | 85 |
| Measures mean those measures, methods, technologies or practices | 86 |
| for efficient water use and for reduction of water loss and waste | 87 |
| or for reducing a Withdrawal, Consumptive Use or Diversion that i) | 88 |
| are environmentally sound, ii) reflect best practices applicable | 89 |
| to the water use sector, iii) are technically feasible and | 90 |
| available, iv) are economically feasible and cost effective based | 91 |
| on an analysis that considers direct and avoided economic and | 92 |
| environmental costs and v) consider the particular facilities and | 93 |
| processes involved, taking into account the environmental impact, | 94 |
| age of equipment and facilities involved, the processes employed, | 95 |
| energy impacts and other appropriate factors. | 96 |
| Exception means a transfer of Water that is excepted under Section | 97 |
| 4.9 from the prohibition against Diversions in Section 4.8. | 98 |
| Exception Standard means the standard for Exceptions established | 99 |
| in Section 4.9.4. | 100 |
| Intra-Basin Transfer means the transfer of Water from the | 101 |
| watershed of one of the Great Lakes into the watershed of another | 102 |
| Great Lake. | 103 |
| Measures means any legislation, law, regulation, directive, | 104 |
| requirement, guideline, program, policy, administrative practice | 105 |
| or other procedure. | 106 |
| New or Increased Diversion means a new Diversion, an increase in | 107 |
| an existing Diversion or the alteration of an existing Withdrawal | 108 |
| so that it becomes a Diversion. | 109 |
| New or Increased Withdrawal or Consumptive Use means a new | 110 |
| Withdrawal or Consumptive Use or an increase in an existing | 111 |
| Withdrawal or Consumptive Use. | 112 |
| Originating Party means the Party within whose jurisdiction an | 113 |
| Application or registration is made or required. | 114 |
| Party means a State party to this Compact. | 115 |
| Person means a human being or a legal person, including a | 116 |
| government or a non-governmental organization, including any | 117 |
| scientific, professional, business, nonprofit or public interest | 118 |
| organization or association that is neither affiliated with, nor | 119 |
| under the direction of a government. | 120 |
| Product means something produced in the Basin by human or | 121 |
| mechanical effort or through agricultural processes and used in | 122 |
| manufacturing, commercial or other processes or intended for | 123 |
| intermediate or end use consumers. (i) Water used as part of the | 124 |
| packaging of a Product shall be considered to be part of the | 125 |
| Product. (ii) Other than Water used as part of the packaging of a | 126 |
| Product, Water that is used primarily to transport materials in or | 127 |
| out of the Basin is not a Product or part of a Product. (iii) | 128 |
| Except as provided in (i) above, Water which is transferred as | 129 |
| part of a public or private supply is not a Product or part of a | 130 |
| Product. (iv) Water in its natural state such as in lakes, rivers, | 131 |
| reservoirs, aquifers or water basins is not a Product. | 132 |
| Proposal means a Withdrawal, Diversion or Consumptive Use of Water | 133 |
| that is subject to this Compact. | 134 |
| Province means Ontario or Quebec. | 135 |
| Public Water Supply Purposes means water distributed to the public | 136 |
| through a physically connected system of treatment, storage and | 137 |
| distribution facilities serving a group of largely residential | 138 |
| customers that may also serve industrial, commercial and other | 139 |
| institutional operators. Water Withdrawn directly from the Basin | 140 |
| and not through such a system shall not be considered to be used | 141 |
| for Public Water Supply Purposes. | 142 |
| Regional Body means the members of the Council and the Premiers of | 143 |
| Ontario and Quebec or their designee as established by the | 144 |
| Agreement. | 145 |
| Regional Review means the collective review by the Regional Body | 146 |
| as described in Article 4 of this Compact. | 147 |
| Source Watershed means the watershed from which a Withdrawal | 148 |
| originates. If Water is Withdrawn directly from a Great Lake or | 149 |
| from the St. Lawrence River, then the Source Watershed shall be | 150 |
| considered to be the watershed of that Great Lake or the watershed | 151 |
| of the St. Lawrence River, respectively. If Water is Withdrawn | 152 |
| from the watershed of a stream that is a direct tributary to a | 153 |
| Great Lake or a direct tributary to the St. Lawrence River, then | 154 |
| the Source Watershed shall be considered to be the watershed of | 155 |
| that Great Lake or the watershed of the St. Lawrence River, | 156 |
| respectively, with a preference to the direct tributary stream | 157 |
| watershed from which it was Withdrawn. | 158 |
| Standard of Review and Decision means the Exception Standard, | 159 |
| Decision-Making Standard and reviews as outlined in Article 4 of | 160 |
| this Compact. | 161 |
| State means one of the states of Illinois, Indiana, Michigan, | 162 |
| Minnesota, New York, Ohio or Wisconsin or the Commonwealth of | 163 |
| Pennsylvania. | 164 |
| Straddling Community means any incorporated city, town or the | 165 |
| equivalent thereof, wholly within any County that lies partly or | 166 |
| completely within the Basin, whose corporate boundary existing as | 167 |
| of the effective date of this Compact, is partly within the Basin | 168 |
| or partly within two Great Lakes watersheds. | 169 |
| Technical Review means a detailed review conducted to determine | 170 |
| whether or not a Proposal that requires Regional Review under this | 171 |
| Compact meets the Standard of Review and Decision following | 172 |
| procedures and guidelines as set out in this Compact. | 173 |
| Water means ground or surface water contained within the Basin. | 174 |
| Water Dependent Natural Resources means the interacting components | 175 |
| of land, Water and living organisms affected by the Waters of the | 176 |
| Basin. | 177 |
| Waters of the Basin or Basin Water means the Great Lakes and all | 178 |
| streams, rivers, lakes, connecting channels and other bodies of | 179 |
| water, including tributary groundwater, within the Basin. | 180 |
| Withdrawal means the taking of water from surface water or | 181 |
| groundwater. Withdraw has a corresponding meaning. | 182 |
| Section 1.3. Findings and Purposes. | 183 |
| The legislative bodies of the respective Parties hereby find and | 184 |
| declare: | 185 |
| 1. Findings: | 186 |
| a. The Waters of the Basin are precious public natural resources | 187 |
| shared and held in trust by the States; | 188 |
| b. The Waters of the Basin are interconnected and part of a single | 189 |
| hydrologic system; | 190 |
| c. The Waters of the Basin can concurrently serve multiple uses. | 191 |
| Such multiple uses include municipal, public, industrial, | 192 |
| commercial, agriculture, mining, navigation, energy | 193 |
| development and production, recreation, the subsistence, | 194 |
| economic and cultural activities of native peoples, Water | 195 |
| quality maintenance and the maintenance of fish and wildlife | 196 |
| habitat and a balanced ecosystem. And, other purposes are | 197 |
| encouraged, recognizing that such uses are interdependent and | 198 |
| must be balanced; | 199 |
| d. Future Diversions and Consumptive Uses of Basin Water resources | 200 |
| have the potential to significantly impact the environment, | 201 |
| economy and welfare of the Great Lakes-St. Lawrence River | 202 |
| region; | 203 |
| e. Continued sustainable, accessible and adequate Water supplies | 204 |
| for the people and economy of the Basin are of vital | 205 |
| importance; and, | 206 |
| f. The Parties have a shared duty to protect, conserve, restore, | 207 |
| improve and manage the renewable but finite Waters of the | 208 |
| Basin for the use, benefit and enjoyment of all their | 209 |
| citizens, including generations yet to come. The most | 210 |
| effective means of protecting, conserving, restoring, | 211 |
| improving and managing the Basin Waters is through the joint | 212 |
| pursuit of unified and cooperative principles, policies and | 213 |
| programs mutually agreed upon, enacted and adhered to by all | 214 |
| Parties. | 215 |
| 2. Purposes: | 216 |
| a. To act together to protect, conserve, restore, improve and | 217 |
| effectively manage the Waters and Water Dependent Natural | 218 |
| Resources of the Basin under appropriate arrangements for | 219 |
| intergovernmental cooperation and consultation because | 220 |
| current lack of full scientific certainty should not be used | 221 |
| as a reason for postponing measures to protect the Basin | 222 |
| Ecosystem; | 223 |
| b. To remove causes of present and future controversies; | 224 |
| c. To provide for cooperative planning and action by the Parties | 225 |
| with respect to such Water resources; | 226 |
| d. To facilitate consistent approaches to Water management across | 227 |
| the Basin while retaining State management authority over | 228 |
| Water management decisions within the Basin; | 229 |
| e. To facilitate the exchange of data, strengthen the scientific | 230 |
| information base upon which decisions are made and engage in | 231 |
| consultation on the potential effects of proposed Withdrawals | 232 |
| and losses on the Waters and Water Dependent Natural | 233 |
| Resources of the Basin; | 234 |
| f. To prevent significant adverse impacts of Withdrawals and | 235 |
| losses on the Basin's ecosystems and watersheds; | 236 |
| g. To promote interstate and State-Provincial comity; and, | 237 |
| h. To promote an Adaptive Management approach to the conservation | 238 |
| and management of Basin Water resources, which recognizes, | 239 |
| considers and provides adjustments for the uncertainties in, | 240 |
| and evolution of, scientific knowledge concerning the Basin's | 241 |
| Waters and Water Dependent Natural Resources. | 242 |
| Section 1.4. Science. | 243 |
| 1. The Parties commit to provide leadership for the development of | 244 |
| a collaborative strategy with other regional partners to | 245 |
| strengthen the scientific basis for sound Water management | 246 |
| decision making under this Compact. | 247 |
| 2. The strategy shall guide the collection and application of | 248 |
| scientific information to support: | 249 |
| a. An improved understanding of the individual and Cumulative | 250 |
| Impacts of Withdrawals from various locations and Water | 251 |
| sources on the Basin Ecosystem and to develop a mechanism by | 252 |
| which impacts of Withdrawals may be assessed; | 253 |
| b. The periodic assessment of Cumulative Impacts of Withdrawals, | 254 |
| Diversions and Consumptive Uses on a Great Lake and St. | 255 |
| Lawrence River watershed basis; | 256 |
| c. Improved scientific understanding of the Waters of the Basin; | 257 |
| d. Improved understanding of the role of groundwater in Basin | 258 |
| Water resources management; and, | 259 |
| e. The development, transfer and application of science and | 260 |
| research related to Water conservation and Water use | 261 |
| efficiency. | 262 |
| 263 | |
| 264 | |
| Section 2.1. Council Created. | 265 |
| The Great Lakes-St. Lawrence River Basin Water Resources Council | 266 |
| is hereby created as a body politic and corporate, with succession | 267 |
| for the duration of this Compact, as an agency and instrumentality | 268 |
| of the governments of the respective Parties. | 269 |
| Section 2.2. Council Membership. | 270 |
| The Council shall consist of the Governors of the Parties, ex | 271 |
| officio. | 272 |
| Section 2.3. Alternates. | 273 |
| Each member of the Council shall appoint at least one alternate | 274 |
| who may act in his or her place and stead, with authority to | 275 |
| attend all meetings of the Council and with power to vote in the | 276 |
| absence of the member. Unless otherwise provided by law of the | 277 |
| Party for which he or she is appointed, each alternate shall serve | 278 |
| during the term of the member appointing him or her, subject to | 279 |
| removal at the pleasure of the member. In the event of a vacancy | 280 |
| in the office of alternate, it shall be filled in the same manner | 281 |
| as an original appointment for the unexpired term only. | 282 |
| Section 2.4. Voting. | 283 |
| 1. Each member is entitled to one vote on all matters that may | 284 |
| come before the Council. | 285 |
| 2. Unless otherwise stated, the rule of decision shall be by a | 286 |
| simple majority. | 287 |
| 3. The Council shall annually adopt a budget for each fiscal year | 288 |
| and the amount required to balance the budget shall be | 289 |
| apportioned equitably among the Parties by unanimous vote of | 290 |
| the Council. The appropriation of such amounts shall be | 291 |
| subject to such review and approval as may be required by the | 292 |
| budgetary processes of the respective Parties. | 293 |
| 4. The participation of Council members from a majority of the | 294 |
| Parties shall constitute a quorum for the transaction of | 295 |
| business at any meeting of the Council. | 296 |
| Section 2.5. Organization and Procedure. | 297 |
| The Council shall provide for its own organization and procedure, | 298 |
| and may adopt rules and regulations governing its meetings and | 299 |
| transactions, as well as the procedures and timeline for | 300 |
| submission, review and consideration of Proposals that come before | 301 |
| the Council for its review and action. The Council shall organize, | 302 |
| annually, by the election of a Chair and Vice-Chair from among its | 303 |
| members. Each member may appoint an advisor, who may attend all | 304 |
| meetings of the Council and its committees, but shall not have | 305 |
| voting power. The Council may employ or appoint professional and | 306 |
| administrative personnel, including an Executive Director, as it | 307 |
| may deem advisable, to carry out the purposes of this Compact. | 308 |
| Section 2.6. Use of Existing Offices and Agencies. | 309 |
| It is the policy of the Parties to preserve and utilize the | 310 |
| functions, powers and duties of existing offices and agencies of | 311 |
| government to the extent consistent with this Compact. Further, | 312 |
| the Council shall promote and aid the coordination of the | 313 |
| activities and programs of the Parties concerned with Water | 314 |
| resources management in the Basin. To this end, but without | 315 |
| limitation, the Council may: | 316 |
| 1. Advise, consult, contract, assist or otherwise cooperate with | 317 |
| any and all such agencies; | 318 |
| 2. Employ any other agency or instrumentality of any of the | 319 |
| Parties for any purpose; and, | 320 |
| 3. Develop and adopt plans consistent with the Water resources | 321 |
| plans of the Parties. | 322 |
| Section 2.7. Jurisdiction. | 323 |
| The Council shall have, exercise and discharge its functions, | 324 |
| powers and duties within the limits of the Basin. Outside the | 325 |
| Basin, it may act in its discretion, but only to the extent such | 326 |
| action may be necessary or convenient to effectuate or implement | 327 |
| its powers or responsibilities within the Basin and subject to the | 328 |
| consent of the jurisdiction wherein it proposes to act. | 329 |
| Section 2.8. Status, Immunities and Privileges. | 330 |
| 1. The Council, its members and personnel in their official | 331 |
| capacity and when engaged directly in the affairs of the | 332 |
| Council, its property and its assets, wherever located and by | 333 |
| whomsoever held, shall enjoy the same immunity from suit and | 334 |
| every form of judicial process as is enjoyed by the Parties, | 335 |
| except to the extent that the Council may expressly waive its | 336 |
| immunity for the purposes of any proceedings or by the terms | 337 |
| of any contract. | 338 |
| 2. The property and assets of the Council, wherever located and by | 339 |
| whomsoever held, shall be considered public property and | 340 |
| shall be immune from search, requisition, confiscation, | 341 |
| expropriation or any other form of taking or foreclosure by | 342 |
| executive or legislative action. | 343 |
| 3. The Council, its property and its assets, income and the | 344 |
| operations it carries out pursuant to this Compact shall be | 345 |
| immune from all taxation by or under the authority of any of | 346 |
| the Parties or any political subdivision thereof; provided, | 347 |
| however, that in lieu of property taxes the Council may make | 348 |
| reasonable payments to local taxing districts in annual | 349 |
| amounts which shall approximate the taxes lawfully assessed | 350 |
| upon similar property. | 351 |
| Section 2.9. Advisory Committees. | 352 |
| The Council may constitute and empower advisory committees, which | 353 |
| may be comprised of representatives of the public and of federal, | 354 |
| State, tribal, county and local governments, water resources | 355 |
| agencies, water-using industries and sectors, water-interest | 356 |
| groups and academic experts in related fields. | 357 |
| 358 | |
| 359 | |
| Section 3.1. General. | 360 |
| The Waters and Water Dependent Natural Resources of the Basin are | 361 |
| subject to the sovereign right and responsibilities of the | 362 |
| Parties, and it is the purpose of this Compact to provide for | 363 |
| joint exercise of such powers of sovereignty by the Council in the | 364 |
| common interests of the people of the region, in the manner and to | 365 |
| the extent provided in this Compact. The Council and the Parties | 366 |
| shall use the Standard of Review and Decision and procedures | 367 |
| contained in or adopted pursuant to this Compact as the means to | 368 |
| exercise their authority under this Compact. | 369 |
| The Council may revise the Standard of Review and Decision, after | 370 |
| consultation with the Provinces and upon unanimous vote of all | 371 |
| Council members, by regulation duly adopted in accordance with | 372 |
| Section 3.3 of this Compact and in accordance with each Party's | 373 |
| respective statutory authorities and applicable procedures. | 374 |
| The Council shall identify priorities and develop plans and | 375 |
| policies relating to Basin Water resources. It shall adopt and | 376 |
| promote uniform and coordinated policies for Water resources | 377 |
| conservation and management in the Basin. | 378 |
| Section 3.2. Council Powers. | 379 |
| The Council may: plan; conduct research and collect, compile, | 380 |
| analyze, interpret, report and disseminate data on Water resources | 381 |
| and uses; forecast Water levels; conduct investigations; institute | 382 |
| court actions; design, acquire, construct, reconstruct, own, | 383 |
| operate, maintain, control, sell and convey real and personal | 384 |
| property and any interest therein as it may deem necessary, useful | 385 |
| or convenient to carry out the purposes of this Compact; make | 386 |
| contracts; receive and accept such payments, appropriations, | 387 |
| grants, gifts, loans, advances and other funds, properties and | 388 |
| services as may be transferred or made available to it by any | 389 |
| Party or by any other public or private agency, corporation or | 390 |
| individual; and, exercise such other and different powers as may | 391 |
| be delegated to it by this Compact or otherwise pursuant to law, | 392 |
| and have and exercise all powers necessary or convenient to carry | 393 |
| out its express powers or which may be reasonably implied | 394 |
| therefrom. | 395 |
| Section 3.3. Rules and Regulations. | 396 |
| 1. The Council may promulgate and enforce such rules and | 397 |
| regulations as may be necessary for the implementation and | 398 |
| enforcement of this Compact. The Council may adopt by | 399 |
| regulation, after public notice and public hearing, | 400 |
| reasonable Application fees with respect to those Proposals | 401 |
| for Exceptions that are subject to Council review under | 402 |
| Section 4.9. Any rule or regulation of the Council, other | 403 |
| than one which deals solely with the internal management of | 404 |
| the Council or its property, shall be adopted only after | 405 |
| public notice and hearing. | 406 |
| 2. Each Party, in accordance with its respective statutory | 407 |
| authorities and applicable procedures, may adopt and enforce | 408 |
| rules and regulations to implement and enforce this Compact | 409 |
| and the programs adopted by such Party to carry out the | 410 |
| management programs contemplated by this Compact. | 411 |
| 3.4Program Review and Findings. | 412 |
| 1. Each Party shall submit a report to the Council and the | 413 |
| Regional Body detailing its Water management and conservation | 414 |
| and efficiency programs that implement this Compact. The | 415 |
| report shall set out the manner in which Water Withdrawals | 416 |
| are managed by sector, Water source, quantity or any other | 417 |
| means, and how the provisions of the Standard of Review and | 418 |
| Decision and conservation and efficiency programs are | 419 |
| implemented. The first report shall be provided by each Party | 420 |
| one year from the effective date of this Compact and | 421 |
| thereafter every five years. | 422 |
| 2. The Council, in cooperation with the Provinces, shall review | 423 |
| its Water management and conservation and efficiency programs | 424 |
| and those of the Parties that are established in this Compact | 425 |
| and make findings on whether the Water management program | 426 |
| provisions in this Compact are being met, and if not, | 427 |
| recommend options to assist the Parties in meeting the | 428 |
| provisions of this Compact. Such review shall take place: | 429 |
| a. Thirty days after the first report is submitted by all Parties; | 430 |
| and, | 431 |
| b. Every five years after the effective date of this Compact; and, | 432 |
| 3. As one of its duties and responsibilities, the Council may | 433 |
| recommend a range of approaches to the Parties with respect | 434 |
| to the development, enhancement and application of Water | 435 |
| management and conservation and efficiency programs to | 436 |
| implement the Standard of Review and Decision reflecting | 437 |
| improved scientific understanding of the Waters of the Basin, | 438 |
| including groundwater, and the impacts of Withdrawals on the | 439 |
| Basin Ecosystem. | 440 |
| 441 | |
| 442 | |
| Section 4.1. Water Resources Inventory, Registration and | 443 |
| Reporting. | 444 |
| 1. Within five years of the effective date of this Compact, each | 445 |
| Party shall develop and maintain a Water resources inventory | 446 |
| for the collection, interpretation, storage, retrieval, | 447 |
| exchange and dissemination of information concerning the | 448 |
| Water resources of the Party, including, but not limited to, | 449 |
| information on the location, type, quantity and use of those | 450 |
| resources and the location, type and quantity of Withdrawals, | 451 |
| Diversions and Consumptive Uses. To the extent feasible, the | 452 |
| Water resources inventory shall be developed in cooperation | 453 |
| with local, State, federal, tribal and other private agencies | 454 |
| and entities, as well as the Council. Each Party's agencies | 455 |
| shall cooperate with that Party in the development and | 456 |
| maintenance of the inventory. | 457 |
| 2. The Council shall assist each Party to develop a common base of | 458 |
| data regarding the management of the Water resources of the | 459 |
| Basin and to establish systematic arrangements for the | 460 |
| exchange of those data with other States and Provinces. | 461 |
| 3. To develop and maintain a compatible base of Water use | 462 |
| information, within five years of the effective date of this | 463 |
| Compact any Person who Withdraws Water in an amount of | 464 |
| 100,000 gallons per day or greater average in any 30-day | 465 |
| period (including Consumptive Uses) from all sources, or | 466 |
| Diverts Water of any amount, shall register the Withdrawal or | 467 |
| Diversion by a date set by the Council unless the Person has | 468 |
| previously registered in accordance with an existing State | 469 |
| program. The Person shall register the Withdrawal or | 470 |
| Diversion with the Originating Party using a form prescribed | 471 |
| by the Originating Party that shall include, at a minimum and | 472 |
| without limitation: the name and address of the registrant | 473 |
| and date of registration; the locations and sources of the | 474 |
| Withdrawal or Diversion; the capacity of the Withdrawal or | 475 |
| Diversion per day and the amount Withdrawn or Diverted from | 476 |
| each source; the uses made of the Water; places of use and | 477 |
| places of discharge; and, such other information as the | 478 |
| Originating Party may require. All registrations shall | 479 |
| include an estimate of the volume of the Withdrawal or | 480 |
| Diversion in terms of gallons per day average in any 30-day | 481 |
| period. | 482 |
| 4. All registrants shall annually report the monthly volumes of | 483 |
| the Withdrawal, Consumptive Use and Diversion in gallons to | 484 |
| the Originating Party and any other information requested by | 485 |
| the Originating Party. | 486 |
| 5. Each Party shall annually report the information gathered | 487 |
| pursuant to this Section to a Great Lakes-St. Lawrence River | 488 |
| Water use data base repository and aggregated information | 489 |
| shall be made publicly available, consistent with the | 490 |
| confidentiality requirements in Section 8.3. | 491 |
| 6. Information gathered by the Parties pursuant to this Section | 492 |
| shall be used to improve the sources and applications of | 493 |
| scientific information regarding the Waters of the Basin and | 494 |
| the impacts of the Withdrawals and Diversions from various | 495 |
| locations and Water sources on the Basin Ecosystem, and to | 496 |
| better understand the role of groundwater in the Basin. The | 497 |
| Council and the Parties shall coordinate the collection and | 498 |
| application of scientific information to further develop a | 499 |
| mechanism by which individual and Cumulative Impacts of | 500 |
| Withdrawals, Consumptive Uses and Diversions shall be | 501 |
| assessed. | 502 |
| Section 4.2. Water Conservation and Efficiency Programs. | 503 |
| 1. The Council commits to identify, in cooperation with the | 504 |
| Provinces, Basin-wide Water conservation and efficiency | 505 |
| objectives to assist the Parties in developing their Water | 506 |
| conservation and efficiency program. These objectives are | 507 |
| based on the goals of: | 508 |
| a. Ensuring improvement of the Waters and Water Dependent Natural | 509 |
| Resources; | 510 |
| b. Protecting and restoring the hydrologic and ecosystem integrity | 511 |
| of the Basin; | 512 |
| c. Retaining the quantity of surface water and groundwater in the | 513 |
| Basin; | 514 |
| d. Ensuring sustainable use of Waters of the Basin; and, | 515 |
| e. Promoting the efficiency of use and reducing losses and waste | 516 |
| of Water. | 517 |
| 2. Within two years of the effective date of this Compact, each | 518 |
| Party shall develop its own Water conservation and efficiency | 519 |
| goals and objectives consistent with the Basin-wide goals and | 520 |
| objectives, and shall develop and implement a Water | 521 |
| conservation and efficiency program, either voluntary or | 522 |
| mandatory, within its jurisdiction based on the Party's goals | 523 |
| and objectives. Each Party shall annually assess its programs | 524 |
| in meeting the Party's goals and objectives, report to the | 525 |
| Council and the Regional Body and make this annual assessment | 526 |
| available to the public. | 527 |
| 3. Beginning five years after the effective date of this Compact, | 528 |
| and every five years thereafter, the Council, in cooperation | 529 |
| with the Provinces, shall review and modify as appropriate | 530 |
| the Basin-wide objectives, and the Parties shall have regard | 531 |
| for any such modifications in implementing their programs. | 532 |
| This assessment will be based on examining new technologies, | 533 |
| new patterns of Water use, new resource demands and threats | 534 |
| and Cumulative Impact assessment under Section 4.15. | 535 |
| 4. Within two years of the effective date of this Compact, the | 536 |
| Parties commit to promote Environmentally Sound and | 537 |
| Economically Feasible Water Conservation Measures such as: | 538 |
| a. Measures that promote efficient use of Water; | 539 |
| b. Identification and sharing of best management practices and | 540 |
| state of the art conservation and efficiency technologies; | 541 |
| c. Application of sound planning principles; | 542 |
| d. Demand-side and supply-side Measures or incentives; and, | 543 |
| e. Development, transfer and application of science and research. | 544 |
| 5. Each Party shall implement in accordance with Paragraph 2 above | 545 |
| a voluntary or mandatory Water conservation program for all, | 546 |
| including existing, Basin Water users. Conservation programs | 547 |
| need to adjust to new demands and the potential impacts of | 548 |
| cumulative effects and climate. | 549 |
| Section 4.3. Party Powers and Duties. | 550 |
| 1. Each Party, within its jurisdiction, shall manage and regulate | 551 |
| New or Increased Withdrawals, Consumptive Uses and | 552 |
| Diversions, including Exceptions, in accordance with this | 553 |
| Compact. | 554 |
| 2. Each Party shall require an Applicant to submit an Application | 555 |
| in such manner and with such accompanying information as the | 556 |
| Party shall prescribe. | 557 |
| 3. No Party may approve a Proposal if the Party determines that | 558 |
| the Proposal is inconsistent with this Compact or the | 559 |
| Standard of Review and Decision or any implementing rules or | 560 |
| regulations promulgated thereunder. The Party may approve, | 561 |
| approve with modifications or disapprove any Proposal | 562 |
| depending on the Proposal's consistency with this Compact and | 563 |
| the Standard of Review and Decision. | 564 |
| 4. Each Party shall monitor the implementation of any approved | 565 |
| Proposal to ensure consistency with the approval and may take | 566 |
| all necessary enforcement actions. | 567 |
| 5. No Party shall approve a Proposal subject to Council or | 568 |
| Regional Review, or both, pursuant to this Compact unless it | 569 |
| shall have been first submitted to and reviewed by either the | 570 |
| Council or Regional Body, or both, and approved by the | 571 |
| Council, as applicable. Sufficient opportunity shall be | 572 |
| provided for comment on the Proposal's consistency with this | 573 |
| Compact and the Standard of Review and Decision. All such | 574 |
| comments shall become part of the Party's formal record of | 575 |
| decision, and the Party shall take into consideration any | 576 |
| such comments received. | 577 |
| Section 4.4. Requirement for Originating Party Approval. | 578 |
| No Proposal subject to management and regulation under this | 579 |
| Compact shall hereafter be undertaken by any Person unless it | 580 |
| shall have been approved by the Originating Party. | 581 |
| Section 4.5. Regional Review. | 582 |
| 1. General. | 583 |
| a. It is the intention of the Parties to participate in Regional | 584 |
| Review of Proposals with the Provinces, as described in this | 585 |
| Compact and the Agreement. | 586 |
| b. Unless the Applicant or the Originating Party otherwise | 587 |
| requests, it shall be the goal of the Regional Body to | 588 |
| conclude its review no later than 90 days after notice under | 589 |
| Section 4.5.2 of such Proposal is received from the | 590 |
| Originating Party. | 591 |
| c. Proposals for Exceptions subject to Regional Review shall be | 592 |
| submitted by the Originating Party to the Regional Body for | 593 |
| Regional Review, and where applicable, to the Council for | 594 |
| concurrent review. | 595 |
| d. The Parties agree that the protection of the integrity of the | 596 |
| Great Lakes-St. Lawrence River Basin Ecosystem shall be the | 597 |
| overarching principle for reviewing Proposals subject to | 598 |
| Regional Review, recognizing uncertainties with respect to | 599 |
| demands that may be placed on Basin Water, including | 600 |
| groundwater, levels and flows of the Great Lakes and the St. | 601 |
| Lawrence River, future changes in environmental conditions, | 602 |
| the reliability of existing data and the extent to which | 603 |
| Diversions may harm the integrity of the Basin Ecosystem. | 604 |
| e. The Originating Party shall have lead responsibility for | 605 |
| coordinating information for resolution of issues related to | 606 |
| evaluation of a Proposal, and shall consult with the | 607 |
| Applicant throughout the Regional Review process. | 608 |
| f. A majority of the members of the Regional Body may request | 609 |
| Regional Review of a regionally significant or potentially | 610 |
| precedent setting Proposal. Such Regional Review must be | 611 |
| conducted, to the extent possible, within the time frames set | 612 |
| forth in this Section. Any such Regional Review shall be | 613 |
| undertaken only after consulting the Applicant. | 614 |
| 2. Notice from Originating Party to the Regional Body. | 615 |
| a. The Originating Party shall determine if a Proposal is subject | 616 |
| to Regional Review. If so, the Originating Party shall | 617 |
| provide timely notice to the Regional Body and the public. | 618 |
| b. Such notice shall not be given unless and until all | 619 |
| information, documents and the Originating Party's Technical | 620 |
| Review needed to evaluate whether the Proposal meets the | 621 |
| Standard of Review and Decision have been provided. | 622 |
| c. An Originating Party may: | 623 |
| i. Provide notice to the Regional Body of an Application, even if | 624 |
| notification is not required; or, | 625 |
| ii. Request Regional Review of an application, even if Regional | 626 |
| Review is not required. Any such Regional Review shall be | 627 |
| undertaken only after consulting the Applicant. | 628 |
| d. An Originating Party may provide preliminary notice of a | 629 |
| potential Proposal. | 630 |
| 3. Public Participation. | 631 |
| a. To ensure adequate public participation, the Regional Body | 632 |
| shall adopt procedures for the review of Proposals that are | 633 |
| subject to Regional Review in accordance with this Article. | 634 |
| b. The Regional Body shall provide notice to the public of a | 635 |
| Proposal undergoing Regional Review. Such notice shall | 636 |
| indicate that the public has an opportunity to comment in | 637 |
| writing to the Regional Body on whether the Proposal meets | 638 |
| the Standard of Review and Decision. | 639 |
| c. The Regional Body shall hold a public meeting in the State or | 640 |
| Province of the Originating Party in order to receive public | 641 |
| comment on the issue of whether the Proposal under | 642 |
| consideration meets the Standard of Review and Decision. | 643 |
| d. The Regional Body shall consider the comments received before | 644 |
| issuing a Declaration of Finding. | 645 |
| e. The Regional Body shall forward the comments it receives to the | 646 |
| Originating Party. | 647 |
| 4. Technical Review. | 648 |
| a. The Originating Party shall provide the Regional Body with its | 649 |
| Technical Review of the Proposal under consideration. | 650 |
| b. The Originating Party's Technical Review shall thoroughly | 651 |
| analyze the Proposal and provide an evaluation of the | 652 |
| Proposal sufficient for a determination of whether the | 653 |
| Proposal meets the Standard of Review and Decision. | 654 |
| c. Any member of the Regional Body may conduct their own Technical | 655 |
| Review of any Proposal subject to Regional Review. | 656 |
| d. At the request of the majority of its members, the Regional | 657 |
| Body shall make such arrangements as it considers appropriate | 658 |
| for an independent Technical Review of a Proposal. | 659 |
| e. All Parties shall exercise their best efforts to ensure that a | 660 |
| Technical Review undertaken under Sections 4.5.4.c and | 661 |
| 4.5.4.d does not unnecessarily delay the decision by the | 662 |
| Originating Party on the Application. Unless the Applicant or | 663 |
| the Originating Party otherwise requests, all Technical | 664 |
| Reviews shall be completed no later than 60 days after the | 665 |
| date the notice of the Proposal was given to the Regional | 666 |
| Body. | 667 |
| 5. Declaration of Finding. | 668 |
| a. The Regional Body shall meet to consider a Proposal. The | 669 |
| Applicant shall be provided with an opportunity to present | 670 |
| the Proposal to the Regional Body at such time. | 671 |
| b. The Regional Body, having considered the notice, the | 672 |
| Originating Party's Technical Review, any other independent | 673 |
| Technical Review that is made, any comments or objections | 674 |
| including the analysis of comments made by the public, First | 675 |
| Nations and federally recognized Tribes, and any other | 676 |
| information that is provided under this Compact shall issue a | 677 |
| Declaration of Finding that the Proposal under consideration: | 678 |
| i. Meets the Standard of Review and Decision; | 679 |
| ii. Does not meet the Standard of Review and Decision; or, | 680 |
| iii. Would meet the Standard of Review and Decision if certain | 681 |
| conditions were met. | 682 |
| c. An Originating Party may decline to participate in a | 683 |
| Declaration of Finding made by the Regional Body. | 684 |
| d. The Parties recognize and affirm that it is preferable for all | 685 |
| members of the Regional Body to agree whether the Proposal | 686 |
| meets the Standard of Review and Decision. | 687 |
| e. If the members of the Regional Body who participate in the | 688 |
| Declaration of Finding all agree, they shall issue a written | 689 |
| Declaration of Finding with consensus. | 690 |
| f. In the event that the members cannot agree, the Regional Body | 691 |
| shall make every reasonable effort to achieve consensus | 692 |
| within 25 days. | 693 |
| g. Should consensus not be achieved, the Regional Body may issue a | 694 |
| Declaration of Finding that presents different points of view | 695 |
| and indicates each Party's conclusions. | 696 |
| h. The Regional Body shall release the Declaration of Finding to | 697 |
| the public. | 698 |
| i. The Originating Party and the Council shall consider the | 699 |
| Declaration of Finding before making a decision on the | 700 |
| Proposal. | 701 |
| Section 4.6. Proposals Subject to Prior Notice. | 702 |
| 1. Beginning no later than five years from the effective date of | 703 |
| this Compact, the Originating Party shall provide all Parties | 704 |
| and the Provinces with detailed and timely notice and an | 705 |
| opportunity to comment within 90 days on any Proposal for a | 706 |
| New or Increased Consumptive Use of 5 million gallons per day | 707 |
| or greater average in any 90-day period. Comments shall | 708 |
| address whether or not the Proposal is consistent with the | 709 |
| Standard of Review and Decision. The Originating Party shall | 710 |
| provide a response to any such comment received from another | 711 |
| Party. | 712 |
| 2. A Party may provide notice, an opportunity to comment and a | 713 |
| response to comments even if this is not required under | 714 |
| Paragraph 1 of this Section. Any provision of such notice and | 715 |
| opportunity to comment shall be undertaken only after | 716 |
| consulting the Applicant. | 717 |
| Section 4.7 Council Actions. | 718 |
| 1. Proposals for Exceptions subject to Council Review shall be | 719 |
| submitted by the Originating Party to the Council for Council | 720 |
| Review, and where applicable, to the Regional Body for | 721 |
| concurrent review. | 722 |
| 2. The Council shall review and take action on Proposals in | 723 |
| accordance with this Compact and the Standard of Review and | 724 |
| Decision. The Council shall not take action on a Proposal | 725 |
| subject to Regional Review pursuant to this Compact unless | 726 |
| the Proposal shall have been first submitted to and reviewed | 727 |
| by the Regional Body. The Council shall consider any findings | 728 |
| resulting from such review. | 729 |
| Section 4.8. Prohibition of New or Increased Diversions. | 730 |
| All New or Increased Diversions are prohibited, except as provided | 731 |
| for in this Article. | 732 |
| Section 4.9. Exceptions to the Prohibition of Diversions. | 733 |
| 1. Straddling Communities. A Proposal to transfer Water to an area | 734 |
| within a Straddling Community but outside the Basin or | 735 |
| outside the Source Great Lake Watershed shall be excepted | 736 |
| from the prohibition against Diversions and be managed and | 737 |
| regulated by the Originating Party provided that, regardless | 738 |
| of the volume of Water transferred, all the Water so | 739 |
| transferred shall be used solely for Public Water Supply | 740 |
| Purposes within the Straddling Community, and: | 741 |
| a. All Water Withdrawn from the Basin shall be returned, either | 742 |
| naturally or after use, to the Source Watershed less an | 743 |
| allowance for Consumptive Use. No surface water or | 744 |
| groundwater from outside the Basin may be used to satisfy any | 745 |
| portion of this criterion except if it: | 746 |
| i. Is part of a water supply or wastewater treatment system that | 747 |
| combines water from inside and outside of the Basin; | 748 |
| ii. Is treated to meet applicable water quality discharge | 749 |
| standards and to prevent the introduction of invasive species | 750 |
| into the Basin; | 751 |
| iii. Maximizes the portion of water returned to the Source | 752 |
| Watershed as Basin Water and minimizes the surface water or | 753 |
| groundwater from outside the Basin; | 754 |
| b. If the Proposal results from a New or Increased Withdrawal of | 755 |
| 100,000 gallons per day or greater average over any 90-day | 756 |
| period, the Proposal shall also meet the Exception Standard; | 757 |
| and, | 758 |
| c. If the Proposal results in a New or Increased Consumptive Use | 759 |
| of 5 million gallons per day or greater average over any | 760 |
| 90-day period, the Proposal shall also undergo Regional | 761 |
| Review. | 762 |
| 2. Intra-Basin Transfer. A Proposal for an Intra-Basin Transfer | 763 |
| that would be considered a Diversion under this Compact, and | 764 |
| not already excepted pursuant to Paragraph 1 of this Section, | 765 |
| shall be excepted from the prohibition against Diversions, | 766 |
| provided that: | 767 |
| a. If the Proposal results from a New or Increased Withdrawal of | 768 |
| less than 100,000 gallons per day average over any 90-day | 769 |
| period, the Proposal shall be subject to management and | 770 |
| regulation at the discretion of the Originating Party. | 771 |
| b. If the Proposal results from a New or Increased Withdrawal of | 772 |
| 100,000 gallons per day or greater average over any 90-day | 773 |
| period and if the Consumptive Use resulting from the | 774 |
| Withdrawal is less than 5 million gallons per day average | 775 |
| over any 90-day period: | 776 |
| i. The Proposal shall meet the Exception Standard and be subject | 777 |
| to management and regulation by the Originating Party, except | 778 |
| that the Water may be returned to another Great Lake | 779 |
| watershed rather than the Source Watershed; | 780 |
| ii. The Applicant shall demonstrate that there is no feasible, | 781 |
| cost effective, and environmentally sound water supply | 782 |
| alternative within the Great Lake watershed to which the | 783 |
| Water will be transferred, including conservation of existing | 784 |
| water supplies; and, | 785 |
| iii. The Originating Party shall provide notice to the other | 786 |
| Parties prior to making any decision with respect to the | 787 |
| Proposal. | 788 |
| c. If the Proposal results in a New or Increased Consumptive Use | 789 |
| of 5 million gallons per day or greater average over any | 790 |
| 90-day period: | 791 |
| i. The Proposal shall be subject to management and regulation by | 792 |
| the Originating Party and shall meet the Exception Standard, | 793 |
| ensuring that Water Withdrawn shall be returned to the Source | 794 |
| Watershed; | 795 |
| ii. The Applicant shall demonstrate that there is no feasible, | 796 |
| cost effective, and environmentally sound water supply | 797 |
| alternative within the Great Lake watershed to which the | 798 |
| Water will be transferred, including conservation of existing | 799 |
| water supplies; | 800 |
| iii. The Proposal undergoes Regional Review; and, | 801 |
| iv. The Proposal is approved by the Council. Council approval | 802 |
| shall be given unless one or more Council members vote to | 803 |
| disapprove. | 804 |
| 3. Straddling Counties. A Proposal to transfer Water to a | 805 |
| Community within a Straddling County that would be considered | 806 |
| a Diversion under this Compact shall be excepted from the | 807 |
| prohibition against Diversions, provided that it satisfies | 808 |
| all of the following conditions: | 809 |
| a. The Water shall be used solely for the Public Water Supply | 810 |
| Purposes of the Community within a Straddling County that is | 811 |
| without adequate supplies of potable water; | 812 |
| b. The Proposal meets the Exception Standard, maximizing the | 813 |
| portion of water returned to the Source Watershed as Basin | 814 |
| Water and minimizing the surface water or groundwater from | 815 |
| outside the Basin; | 816 |
| c. The Proposal shall be subject to management and regulation by | 817 |
| the Originating Party, regardless of its size; | 818 |
| d. There is no reasonable water supply alternative within the | 819 |
| Basin in which the community is located, including | 820 |
| conservation of existing water supplies; | 821 |
| e. Caution shall be used in determining whether or not the | 822 |
| Proposal meets the conditions for this Exception. This | 823 |
| Exception should not be authorized unless it can be shown | 824 |
| that it will not endanger the integrity of the Basin | 825 |
| Ecosystem; | 826 |
| f. The Proposal undergoes Regional Review; and, | 827 |
| g. The Proposal is approved by the Council. Council approval shall | 828 |
| be given unless one or more Council members vote to | 829 |
| disapprove. | 830 |
| A Proposal must satisfy all of the conditions listed above. | 831 |
| Further, substantive consideration will also be given to whether | 832 |
| or not the Proposal can provide sufficient scientifically based | 833 |
| evidence that the existing water supply is derived from | 834 |
| groundwater that is hydrologically interconnected to Waters of the | 835 |
| Basin. | 836 |
| 4. Exception Standard. Proposals subject to management and | 837 |
| regulation in this Section shall be declared to meet this | 838 |
| Exception Standard and may be approved as appropriate only | 839 |
| when the following criteria are met: | 840 |
| a. The need for all or part of the proposed Exception cannot be | 841 |
| reasonably avoided through the efficient use and conservation | 842 |
| of existing water supplies; | 843 |
| b. The Exception will be limited to quantities that are considered | 844 |
| reasonable for the purposes for which it is proposed; | 845 |
| c. All Water Withdrawn shall be returned, either naturally or | 846 |
| after use, to the Source Watershed less an allowance for | 847 |
| Consumptive Use. No surface water or groundwater from outside | 848 |
| the Basin may be used to satisfy any portion of this | 849 |
| criterion except if it: | 850 |
| i. Is part of a water supply or wastewater treatment system that | 851 |
| combines water from inside and outside of the Basin; | 852 |
| ii. Is treated to meet applicable water quality discharge | 853 |
| standards and to prevent the introduction of invasive species | 854 |
| into the Basin; | 855 |
| d. The Exception will be implemented so as to ensure that it will | 856 |
| result in no significant individual or cumulative adverse | 857 |
| impacts to the quantity or quality of the Waters and Water | 858 |
| Dependent Natural Resources of the Basin with consideration | 859 |
| given to the potential Cumulative Impacts of any | 860 |
| precedent-setting consequences associated with the Proposal; | 861 |
| e. The Exception will be implemented so as to incorporate | 862 |
| Environmentally Sound and Economically Feasible Water | 863 |
| Conservation Measures to minimize Water Withdrawals or | 864 |
| Consumptive Use; | 865 |
| f. The Exception will be implemented so as to ensure that it is in | 866 |
| compliance with all applicable municipal, State and federal | 867 |
| laws as well as regional interstate and international | 868 |
| agreements, including the Boundary Waters Treaty of 1909; | 869 |
| and, | 870 |
| g. All other applicable criteria in Section 4.9 have also been | 871 |
| met. | 872 |
| Section 4.10. Management and Regulation of New or Increased | 873 |
| Withdrawals and Consumptive Uses. | 874 |
| 1. Within five years of the effective date of this Compact, each | 875 |
| Party shall create a program for the management and | 876 |
| regulation of New or Increased Withdrawals and Consumptive | 877 |
| Uses by adopting and implementing Measures consistent with | 878 |
| the Decision-Making Standard. Each Party, through a | 879 |
| considered process, shall set and may modify threshold levels | 880 |
| for the regulation of New or Increased Withdrawals in order | 881 |
| to assure an effective and efficient Water management program | 882 |
| that will ensure that uses overall are reasonable, that | 883 |
| Withdrawals overall will not result in significant impacts to | 884 |
| the Waters and Water Dependent Natural Resources of the | 885 |
| Basin, determined on the basis of significant impacts to the | 886 |
| physical, chemical, and biological integrity of Source | 887 |
| Watersheds, and that all other objectives of the Compact are | 888 |
| achieved. Each Party may determine the scope and thresholds | 889 |
| of its program, including which New or Increased Withdrawals | 890 |
| and Consumptive Uses will be subject to the program. | 891 |
| 2. Any Party that fails to set threshold levels that comply with | 892 |
| Section 4.10.1 any time before ten years after the effective | 893 |
| date of this Compact shall apply a threshold level for | 894 |
| management and regulation of all New or Increased Withdrawals | 895 |
| of 100,000 gallons per day or greater average in any 90-day | 896 |
| period. | 897 |
| 3. The Parties intend programs for New or Increased Withdrawals | 898 |
| and Consumptive Uses to evolve as may be necessary to protect | 899 |
| Basin Waters. Pursuant to Section 3.4, the Council, in | 900 |
| cooperation with the Provinces, shall periodically assess the | 901 |
| Water management programs of the Parties. Such assessments | 902 |
| may produce recommendations for the strengthening of the | 903 |
| programs, including without limitation, establishing lower | 904 |
| thresholds for management and regulation in accordance with | 905 |
| the Decision-Making Standard. | 906 |
| Section 4.11. Decision-Making Standard. | 907 |
| Proposals subject to management and regulation in Section 4.10 | 908 |
| shall be declared to meet this Decision-Making Standard and | 909 |
| may be approved as appropriate only when the following | 910 |
| criteria are met: | 911 |
| 1. All Water Withdrawn shall be returned, either naturally or | 912 |
| after use, to the Source Watershed less an allowance for | 913 |
| Consumptive Use; | 914 |
| 2. The Withdrawal or Consumptive Use will be implemented so as to | 915 |
| ensure that the Proposal will result in no significant | 916 |
| individual or cumulative adverse impacts to the quantity or | 917 |
| quality of the Waters and Water Dependent Natural Resources | 918 |
| and the applicable Source Watershed; | 919 |
| 3. The Withdrawal or Consumptive Use will be implemented so as to | 920 |
| incorporate Environmentally Sound and Economically Feasible | 921 |
| Water Conservation Measures; | 922 |
| 4. The Withdrawal or Consumptive Use will be implemented so as to | 923 |
| ensure that it is in compliance with all applicable | 924 |
| municipal, State and federal laws as well as regional | 925 |
| interstate and international agreements, including the | 926 |
| Boundary Waters Treaty of 1909; | 927 |
| 5. The proposed use is reasonable, based upon a consideration of | 928 |
| the following factors: | 929 |
| a. Whether the proposed Withdrawal or Consumptive Use is planned | 930 |
| in a fashion that provides for efficient use of the Water, | 931 |
| and will avoid or minimize the waste of Water; | 932 |
| b. If the Proposal is for an increased Withdrawal or Consumptive | 933 |
| Use, whether efficient use is made of existing water | 934 |
| supplies; | 935 |
| c. The balance between economic development, social development | 936 |
| and environmental protection of the proposed Withdrawal and | 937 |
| use and other existing or planned withdrawals and water uses | 938 |
| sharing the Water source; | 939 |
| d. The supply potential of the Water source, considering quantity, | 940 |
| quality and reliability and safe yield of hydrologically | 941 |
| interconnected water sources; | 942 |
| e. The probable degree and duration of any adverse impacts caused | 943 |
| or expected to be caused by the proposed Withdrawal and use | 944 |
| under foreseeable conditions, to other lawful consumptive or | 945 |
| non-consumptive uses of water or to the quantity or quality | 946 |
| of the Waters and Water Dependent Natural Resources of the | 947 |
| Basin, and the proposed plans and arrangements for avoidance | 948 |
| or mitigation of such impacts; and, | 949 |
| f. If a Proposal includes restoration of hydrologic conditions and | 950 |
| functions of the Source Watershed, the Party may consider | 951 |
| that. | 952 |
| Section 4.12. Applicability. | 953 |
| 1. Minimum Standard. This Standard of Review and Decision shall be | 954 |
| used as a minimum standard. Parties may impose a more | 955 |
| restrictive decision-making standard for Withdrawals under | 956 |
| their authority. It is also acknowledged that although a | 957 |
| Proposal meets the Standard of Review and Decision it may not | 958 |
| be approved under the laws of the Originating Party that has | 959 |
| implemented more restrictive Measures. | 960 |
| 2. Baseline. | 961 |
| a. To establish a baseline for determining a New or Increased | 962 |
| Diversion, Consumptive Use or Withdrawal, each Party shall | 963 |
| develop either or both of the following lists for their | 964 |
| jurisdiction: | 965 |
| i. A list of existing Withdrawal approvals as of the effective | 966 |
| date of the Compact; | 967 |
| ii. A list of the capacity of existing systems as of the effective | 968 |
| date of this Compact. The capacity of the existing systems | 969 |
| should be presented in terms of Withdrawal capacity, | 970 |
| treatment capacity, distribution capacity, or other capacity | 971 |
| limiting factors. The capacity of the existing systems must | 972 |
| represent the state of the systems. Existing capacity | 973 |
| determinations shall be based upon approval limits or the | 974 |
| most restrictive capacity information. | 975 |
| For all purposes of this Compact, volumes of Diversions, | 976 |
| Consumptive Uses, or Withdrawals of Water set forth in the | 977 |
| list(s) prepared by each Party in accordance with this | 978 |
| Section, shall constitute the baseline volume. | 979 |
| c. The list(s) shall be furnished to the Regional Body and the | 980 |
| Council within one year of the effective date of this | 981 |
| Compact. | 982 |
| 3. Timing of Additional Applications. Applications for New or | 983 |
| Increased Withdrawals, Consumptive Uses or Exceptions shall | 984 |
| be considered cumulatively within ten years of any | 985 |
| application. | 986 |
| 4. Change of Ownership. Unless a new owner proposes a project that | 987 |
| shall result in a Proposal for a New or Increased Diversion | 988 |
| or Consumptive Use subject to Regional Review or Council | 989 |
| approval, the change of ownership in and of itself shall not | 990 |
| require Regional Review or Council approval. | 991 |
| 5. Groundwater. The Basin surface water divide shall be used for | 992 |
| the purpose of managing and regulating New or Increased | 993 |
| Diversions, Consumptive Uses or Withdrawals of surface water | 994 |
| and groundwater. | 995 |
| 6. Withdrawal Systems. The total volume of surface water and | 996 |
| groundwater resources that supply a common distribution | 997 |
| system shall determine the volume of a Withdrawal, | 998 |
| Consumptive Use or Diversion. | 999 |
| 7. Connecting Channels. The watershed of each Great Lake shall | 1000 |
| include its upstream and downstream connecting channels. | 1001 |
| 8. Transmission in Water Lines. Transmission of Water within a | 1002 |
| line that extends outside the Basin as it conveys Water from | 1003 |
| one point to another within the Basin shall not be considered | 1004 |
| a Diversion if none of the Water is used outside the Basin. | 1005 |
| 9. Hydrologic Units. The Lake Michigan and Lake Huron watersheds | 1006 |
| shall be considered to be a single hydrologic unit and | 1007 |
| watershed. | 1008 |
| 10. Bulk Water Transfer. A Proposal to Withdraw Water and to | 1009 |
| remove it from the Basin in any container greater than 5.7 | 1010 |
| gallons shall be treated under this Compact in the same | 1011 |
| manner as a Proposal for a Diversion. Each Party shall have | 1012 |
| the discretion, within its jurisdiction, to determine the | 1013 |
| treatment of Proposals to Withdraw Water and to remove it | 1014 |
| from the Basin in any container of 5.7 gallons or less. | 1015 |
| Section 4.13. Exemptions. | 1016 |
| Withdrawals from the Basin for the following purposes are exempt | 1017 |
| from the requirements of Article 4: | 1018 |
| 1. To supply vehicles, including vessels and aircraft, whether for | 1019 |
| the needs of the persons or animals being transported or for | 1020 |
| ballast or other needs related to the operation of the | 1021 |
| vehicles. | 1022 |
| 2. To use in a non-commercial project on a short-term basis for | 1023 |
| firefighting, humanitarian, or emergency response purposes. | 1024 |
| Section 4.14. U.S. Supreme Court Decree: Wisconsin et al. v. | 1025 |
| Illinois et al. | 1026 |
| 1. Notwithstanding any terms of this Compact to the contrary, with | 1027 |
| the exception of Paragraph 5 of this Section, current, New or | 1028 |
| Increased Withdrawals, Consumptive Uses and Diversions of | 1029 |
| Basin Water by the State of Illinois shall be governed by the | 1030 |
| terms of the United States Supreme Court decree in Wisconsin | 1031 |
| et al. v. Illinois et al. and shall not be subject to the | 1032 |
| terms of this Compact nor any rules or regulations | 1033 |
| promulgated pursuant to this Compact. This means that, with | 1034 |
| the exception of Paragraph 5 of this Section, for purposes of | 1035 |
| this Compact, current, New or Increased Withdrawals, | 1036 |
| Consumptive Uses and Diversions of Basin Water within the | 1037 |
| State of Illinois shall be allowed unless prohibited by the | 1038 |
| terms of the United States Supreme Court decree in Wisconsin | 1039 |
| et al. v. Illinois et al. | 1040 |
| 2. The Parties acknowledge that the United States Supreme Court | 1041 |
| decree in Wisconsin et al. v. Illinois et al. shall continue | 1042 |
| in full force and effect, that this Compact shall not modify | 1043 |
| any terms thereof and that this Compact shall grant the | 1044 |
| parties no additional rights, obligations, remedies or | 1045 |
| defenses thereto. The Parties specifically acknowledge that | 1046 |
| this Compact shall not prohibit or limit the State of | 1047 |
| Illinois in any manner from seeking additional Basin Water as | 1048 |
| allowed under the terms of the United States Supreme Court | 1049 |
| decree in Wisconsin et al. v. Illinois et al. , any other | 1050 |
| party from objecting to any request by the State of Illinois | 1051 |
| for additional Basin Water under the terms of said decree, or | 1052 |
| any party from seeking any other type of modification to said | 1053 |
| decree. If an application is made by any party to the Supreme | 1054 |
| Court of the United States to modify said decree, the Parties | 1055 |
| to this Compact who are also parties to the decree shall seek | 1056 |
| formal input from the Canadian Provinces of Ontario and | 1057 |
| Quebec, with respect to the proposed modification, use best | 1058 |
| efforts to facilitate the appropriate participation of said | 1059 |
| Provinces in the proceedings to modify the decree, and shall | 1060 |
| not unreasonably impede or restrict such participation. | 1061 |
| 3. With the exception of Paragraph 5 of this Section, because | 1062 |
| current, New or Increased Withdrawals, Consumptive Uses and | 1063 |
| Diversions of Basin Water by the State of Illinois are not | 1064 |
| subject to the terms of this Compact, the State of Illinois | 1065 |
| is prohibited from using any term of this Compact, including | 1066 |
| Section 4.9, to seek New or Increased Withdrawals, | 1067 |
| Consumptive Uses or Diversions of Basin Water. | 1068 |
| 4. With the exception of Paragraph 5 of this Section, because | 1069 |
| Sections 4.3, 4.4, 4.5, 4.6, 4.7, 4.8, 4.9, 4.10, 4.11, 4.12 | 1070 |
| (Paragraphs 1, 2, 3, 4, 6 and 10 only) and 4.13 of this | 1071 |
| Compact all relate to current, New or Increased Withdrawals, | 1072 |
| Consumptive Uses and Diversions of Basin Waters, said | 1073 |
| provisions do not apply to the State of Illinois. All other | 1074 |
| provisions of this Compact not listed in the preceding | 1075 |
| sentence shall apply to the State of Illinois, including the | 1076 |
| Water Conservation Programs provision of Section 4.2. | 1077 |
| 5. In the event of a Proposal for a Diversion of Basin Water for | 1078 |
| use outside the territorial boundaries of the Parties to this | 1079 |
| Compact, decisions by the State of Illinois regarding such a | 1080 |
| Proposal would be subject to all terms of this Compact, | 1081 |
| except Paragraphs 1, 3 and 4 of this Section. | 1082 |
| 6. For purposes of the State of Illinois' participation in this | 1083 |
| Compact, the entirety of this Section 4.14 is necessary for | 1084 |
| the continued implementation of this Compact and, if severed, | 1085 |
| this Compact shall no longer be binding on or enforceable by | 1086 |
| or against the State of Illinois. | 1087 |
| Section 4.15. Assessment of Cumulative Impacts. | 1089 |
| 1. The Parties in cooperation with the Provinces shall | 1090 |
| collectively conduct within the Basin, on a Great Lake | 1091 |
| watershed and St. Lawrence River Basin basis, a periodic | 1092 |
| assessment of the Cumulative Impacts of Withdrawals, | 1093 |
| Diversions and Consumptive Uses from the Waters of the Basin, | 1094 |
| every five years or each time the incremental Basin Water | 1095 |
| losses reach 50 million gallons per day average in any 90-day | 1096 |
| period in excess of the quantity at the time of the most | 1097 |
| recent assessment, whichever comes first, or at the request | 1098 |
| of one or more of the Parties. The assessment shall form the | 1099 |
| basis for a review of the Standard of Review and Decision, | 1100 |
| Council and Party regulations and their application. This | 1101 |
| assessment shall: | 1102 |
| a. Utilize the most current and appropriate guidelines for such a | 1103 |
| review, which may include but not be limited to Council on | 1104 |
| Environmental Quality and Environment Canada guidelines; | 1105 |
| b. Give substantive consideration to climate change or other | 1106 |
| significant threats to Basin Waters and take into account the | 1107 |
| current state of scientific knowledge, or uncertainty, and | 1108 |
| appropriate Measures to exercise caution in cases of | 1109 |
| uncertainty if serious damage may result; | 1110 |
| c. Consider Adaptive Management principles and approaches, | 1111 |
| recognizing, considering and providing adjustments for the | 1112 |
| uncertainties in, and evolution of science concerning the | 1113 |
| Basin's Water resources, watersheds and Ecosystems, including | 1114 |
| potential changes to Basin-wide processes, such as lake level | 1115 |
| cycles and climate. | 1116 |
| 2. The Parties have the responsibility of conducting this | 1117 |
| Cumulative Impact assessment. Applicants are not required to | 1118 |
| participate in this assessment. | 1119 |
| 3. Unless required by other statutes, Applicants are not required | 1120 |
| to conduct a separate Cumulative Impact assessment in | 1121 |
| connection with an Application but shall submit information | 1122 |
| about the potential impacts of a Proposal to the quantity or | 1123 |
| quality of the Waters and Water Dependent Natural Resources | 1124 |
| of the applicable Source Watershed. An Applicant may, | 1125 |
| however, provide an analysis of how their Proposal meets the | 1126 |
| no significant adverse Cumulative Impact provision of the | 1127 |
| Standard of Review and Decision. | 1128 |
| 1129 | |
| 1130 | |
| Section 5.1. Consultation with Tribes. | 1131 |
| 1. In addition to all other opportunities to comment pursuant to | 1132 |
| Section 6.2, appropriate consultations shall occur with | 1133 |
| federally recognized Tribes in the Originating Party for all | 1134 |
| Proposals subject to Council or Regional Review pursuant to | 1135 |
| this Compact. Such consultations shall be organized in the | 1136 |
| manner suitable to the individual Proposal and the laws and | 1137 |
| policies of the Originating Party. | 1138 |
| 2. All federally recognized Tribes within the Basin shall receive | 1139 |
| reasonable notice indicating that they have an opportunity to | 1140 |
| comment in writing to the Council or the Regional Body, or | 1141 |
| both, and other relevant organizations on whether the | 1142 |
| Proposal meets the requirements of the Standard of Review and | 1143 |
| Decision when a Proposal is subject to Regional Review or | 1144 |
| Council approval. Any notice from the Council shall inform | 1145 |
| the Tribes of any meeting or hearing that is to be held under | 1146 |
| Section 6.2 and invite them to attend. The Parties and the | 1147 |
| Council shall consider the comments received under this | 1148 |
| Section before approving, approving with modifications or | 1149 |
| disapproving any Proposal subject to Council or Regional | 1150 |
| Review. | 1151 |
| 3. In addition to the specific consultation mechanisms described | 1152 |
| above, the Council shall seek to establish mutually agreed | 1153 |
| upon mechanisms or processes to facilitate dialogue with, and | 1154 |
| input from federally recognized Tribes on matters to be dealt | 1155 |
| with by the Council; and, the Council shall seek to establish | 1156 |
| mechanisms and processes with federally recognized Tribes | 1157 |
| designed to facilitate on-going scientific and technical | 1158 |
| interaction and data exchange regarding matters falling | 1159 |
| within the scope of this Compact. This may include | 1160 |
| participation of tribal representatives on advisory | 1161 |
| committees established under this Compact or such other | 1162 |
| processes that are mutually-agreed upon with federally | 1163 |
| recognized Tribes individually or through duly-authorized | 1164 |
| intertribal agencies or bodies. | 1165 |
| 1166 | |
| 1167 | |
| Section 6.1. Meetings, Public Hearings and Records. | 1168 |
| 1. The Parties recognize the importance and necessity of public | 1169 |
| participation in promoting management of the Water Resources | 1170 |
| of the Basin. Consequently, all meetings of the Council shall | 1171 |
| be open to the public, except with respect to issues of | 1172 |
| personnel. | 1173 |
| 2. The minutes of the Council shall be a public record open to | 1174 |
| inspection at its offices during regular business hours. | 1175 |
| Section 6.2. Public Participation. | 1176 |
| It is the intent of the Council to conduct public participation | 1177 |
| processes concurrently and jointly with processes undertaken by | 1178 |
| the Parties and through Regional Review. To ensure adequate public | 1179 |
| participation, each Party or the Council shall ensure procedures | 1180 |
| for the review of Proposals subject to the Standard of Review and | 1181 |
| Decision consistent with the following requirements: | 1182 |
| 1. Provide public notification of receipt of all Applications and | 1183 |
| a reasonable opportunity for the public to submit comments | 1184 |
| before Applications are acted upon. | 1185 |
| 2. Assure public accessibility to all documents relevant to an | 1186 |
| Application, including public comment received. | 1187 |
| 3. Provide guidance on standards for determining whether to | 1188 |
| conduct a public meeting or hearing for an Application, time | 1189 |
| and place of such a meeting(s) or hearing(s), and procedures | 1190 |
| for conducting of the same. | 1191 |
| 4. Provide the record of decision for public inspection including | 1192 |
| comments, objections, responses and approvals, approvals with | 1193 |
| conditions and disapprovals. | 1194 |
| 1195 | |
| 1196 | |
| Section 7.1. Good Faith Implementation. | 1197 |
| Each of the Parties pledges to support implementation of all | 1198 |
| provisions of this Compact, and covenants that its officers and | 1199 |
| agencies shall not hinder, impair or prevent any other Party | 1200 |
| carrying out any provision of this Compact. | 1201 |
| Section 7.2. Alternative Dispute Resolution. | 1202 |
| 1. Desiring that this Compact be carried out in full, the Parties | 1203 |
| agree that disputes between the Parties regarding | 1204 |
| interpretation, application and implementation of this | 1205 |
| Compact shall be settled by alternative dispute resolution. | 1206 |
| 2. The Council, in consultation with the Provinces, shall provide | 1207 |
| by rule procedures for the resolution of disputes pursuant to | 1208 |
| this section. | 1209 |
| Section 7.3. Enforcement. | 1210 |
| 1. Any Person aggrieved by any action taken by the Council | 1211 |
| pursuant to the authorities contained in this Compact shall | 1212 |
| be entitled to a hearing before the Council. Any Person | 1213 |
| aggrieved by a Party action shall be entitled to a hearing | 1214 |
| pursuant to the relevant Party's administrative procedures | 1215 |
| and laws. After exhaustion of such administrative remedies, | 1216 |
| (i) any aggrieved Person shall have the right to judicial | 1217 |
| review of a Council action in the United States District | 1218 |
| Court for the District of Columbia or the District Court in | 1219 |
| which the Council maintains offices, provided such action is | 1220 |
| commenced within 90 days; and, (ii) any aggrieved Person | 1221 |
| shall have the right to judicial review of a Party's action | 1222 |
| in the relevant Party's court of competent jurisdiction, | 1223 |
| provided that an action or proceeding for such review is | 1224 |
| commenced within the time frames provided for by the Party's | 1225 |
| law. For the purposes of this paragraph, a State or Province | 1226 |
| is deemed to be an aggrieved Person with respect to any Party | 1227 |
| action pursuant to this Compact. | 1228 |
| 2.a. Any Party or the Council may initiate actions to compel | 1229 |
| compliance with the provisions of this Compact, and the rules | 1230 |
| and regulations promulgated hereunder by the Council. | 1231 |
| Jurisdiction over such actions is granted to the court of the | 1232 |
| relevant Party, as well as the United States District Court | 1233 |
| for the District of Columbia and the District Court in which | 1234 |
| the Council maintains offices. The remedies available to any | 1235 |
| such court shall include, but not be limited to, equitable | 1236 |
| relief and civil penalties. | 1237 |
| b. Each Party may issue orders within its respective jurisdiction | 1238 |
| and may initiate actions to compel compliance with the | 1239 |
| provisions of its respective statutes and regulations adopted | 1240 |
| to implement the authorities contemplated by this Compact in | 1241 |
| accordance with the provisions of the laws adopted in each | 1242 |
| Party's jurisdiction. | 1243 |
| 3. Any aggrieved Person, Party or the Council may commence a civil | 1244 |
| action in the relevant Party's courts and administrative | 1245 |
| systems to compel any Person to comply with this Compact | 1246 |
| should any such Person, without approval having been given, | 1247 |
| undertake a New or Increased Withdrawal, Consumptive Use or | 1248 |
| Diversion that is prohibited or subject to approval pursuant | 1249 |
| to this Compact. | 1250 |
| a. No action under this subsection may be commenced if: | 1251 |
| i. The Originating Party or Council approval for the New or | 1252 |
| Increased Withdrawal, Consumptive Use or Diversion has been | 1253 |
| granted; or, | 1254 |
| ii. The Originating Party or Council has found that the New or | 1255 |
| Increased Withdrawal, Consumptive Use or Diversion is not | 1256 |
| subject to approval pursuant to this Compact. | 1257 |
| b. No action under this subsection may be commenced unless: | 1258 |
| i. A Person commencing such action has first given 60 days' prior | 1259 |
| notice to the Originating Party, the Council and Person | 1260 |
| alleged to be in noncompliance; and, | 1261 |
| ii. Neither the Originating Party nor the Council has commenced | 1262 |
| and is diligently prosecuting appropriate enforcement actions | 1263 |
| to compel compliance with this Compact. | 1264 |
| The available remedies shall include equitable relief, and the | 1265 |
| prevailing or substantially prevailing party may recover the costs | 1266 |
| of litigation, including reasonable attorney and expert witness | 1267 |
| fees, whenever the court determines that such an award is | 1268 |
| appropriate. | 1269 |
| 4. Each of the Parties may adopt provisions providing additional | 1270 |
| enforcement mechanisms and remedies including equitable | 1271 |
| relief and civil penalties applicable within its jurisdiction | 1272 |
| to assist in the implementation of this Compact. | 1273 |
| 1274 | |
| 1275 | |
| Section 8.1. Effect on Existing Rights. | 1276 |
| 1. Nothing in this Compact shall be construed to affect, limit, | 1277 |
| diminish or impair any rights validly established and | 1278 |
| existing as of the effective date of this Compact under State | 1279 |
| or federal law governing the Withdrawal of Waters of the | 1280 |
| Basin. | 1281 |
| 2. Nothing contained in this Compact shall be construed as | 1282 |
| affecting or intending to affect or in any way to interfere | 1283 |
| with the law of the respective Parties relating to common law | 1284 |
| Water rights. | 1285 |
| 3. Nothing in this Compact is intended to abrogate or derogate | 1286 |
| from treaty rights or rights held by any Tribe recognized by | 1287 |
| the federal government of the United States based upon its | 1288 |
| status as a Tribe recognized by the federal government of the | 1289 |
| United States. | 1290 |
| 4. An approval by a Party or the Council under this Compact does | 1291 |
| not give any property rights, nor any exclusive privileges, | 1292 |
| nor shall it be construed to grant or confer any right, | 1293 |
| title, easement or interest in, to or over any land belonging | 1294 |
| to or held in trust by a Party; neither does it authorize any | 1295 |
| injury to private property or invasion of private rights, nor | 1296 |
| infringement of federal, State or local laws or regulations; | 1297 |
| nor does it obviate the necessity of obtaining federal assent | 1298 |
| when necessary. | 1299 |
| Section 8.2. Relationship to Agreements Concluded by the United | 1300 |
| States of America. | 1301 |
| 1. Nothing in this Compact is intended to provide nor shall be | 1302 |
| construed to provide, directly or indirectly, to any Person | 1303 |
| any right, claim or remedy under any treaty or international | 1304 |
| agreement nor is it intended to derogate any right, claim or | 1305 |
| remedy that already exists under any treaty or international | 1306 |
| agreement. | 1307 |
| 2. Nothing in this Compact is intended to infringe nor shall be | 1308 |
| construed to infringe upon the treaty power of the United | 1309 |
| States of America, nor shall any term hereof be construed to | 1310 |
| alter or amend any treaty or term thereof that has been or | 1311 |
| may hereafter be executed by the United States of America. | 1312 |
| 3. Nothing in this Compact is intended to affect nor shall be | 1313 |
| construed to affect the application of the Boundary Waters | 1314 |
| Treaty of 1909 whose requirements continue to apply in | 1315 |
| addition to the requirements of this Compact. | 1316 |
| Section 8.3. Confidentiality. | 1317 |
| 1. Nothing in this Compact requires a Party to breach | 1318 |
| confidentiality obligations or requirements prohibiting | 1319 |
| disclosure, or to compromise security of commercially | 1320 |
| sensitive or proprietary information. | 1321 |
| 2. A Party may take measures, including but not limited to | 1322 |
| deletion and redaction, deemed necessary to protect any | 1323 |
| confidential, proprietary or commercially sensitive | 1324 |
| information when distributing information to other Parties. | 1325 |
| The Party shall summarize or paraphrase any such information | 1326 |
| in a manner sufficient for the Council to exercise its | 1327 |
| authorities contained in this Compact. | 1328 |
| Section 8.4. Additional Laws. | 1329 |
| Nothing in this Compact shall be construed to repeal, modify or | 1330 |
| qualify the authority of any Party to enact any legislation or | 1331 |
| enforce any additional conditions and restrictions regarding the | 1332 |
| management and regulation of Waters within its jurisdiction. | 1333 |
| Section 8.5. Amendments and Supplements. | 1334 |
| The provisions of this Compact shall remain in full force and | 1335 |
| effect until amended by action of the governing bodies of the | 1336 |
| Parties and consented to and approved by any other necessary | 1337 |
| authority in the same manner as this Compact is required to be | 1338 |
| ratified to become effective. | 1339 |
| Section 8.6. Severability. | 1340 |
| Should a court of competent jurisdiction hold any part of this | 1341 |
| Compact to be void or unenforceable, it shall be considered | 1342 |
| severable from those portions of the Compact capable of continued | 1343 |
| implementation in the absence of the voided provisions. All other | 1344 |
| provisions capable of continued implementation shall continue in | 1345 |
| full force and effect. | 1346 |
| Section 8.7. Duration of Compact and Termination. | 1347 |
| Once effective, the Compact shall continue in force and remain | 1348 |
| binding upon each and every Party unless terminated. | 1349 |
| This Compact may be terminated at any time by a majority vote of | 1350 |
| the Parties. In the event of such termination, all rights | 1351 |
| established under it shall continue unimpaired. | 1352 |
| 1353 | |
| 1354 | |
| Section 9.1. Repealer. | 1355 |
| All acts and parts of acts inconsistent with this act are to the | 1356 |
| extent of such inconsistency hereby repealed. | 1357 |
| Section 9.2. Effectuation by Chief Executive. | 1358 |
| The Governor is authorized to take such action as may be necessary | 1359 |
| and proper in his or her discretion to effectuate the Compact and | 1360 |
| the initial organization and operation thereunder. | 1361 |
| Section 9.3. Entire Agreement. | 1362 |
| The Parties consider this Compact to be complete and an integral | 1363 |
| whole. Each provision of this Compact is considered material to | 1364 |
| the entire Compact, and failure to implement or adhere to any | 1365 |
| provision may be considered a material breach. Unless otherwise | 1366 |
| noted in this Compact, any change or amendment made to the Compact | 1367 |
| by any Party in its implementing legislation or by the U.S. | 1368 |
| Congress when giving its consent to this Compact is not considered | 1369 |
| effective unless concurred in by all Parties. | 1370 |
| Section 9.4. Effective Date and Execution. | 1371 |
| This Compact shall become binding and effective when ratified | 1372 |
| through concurring legislation by the states of Illinois, Indiana, | 1373 |
| Michigan, Minnesota, New York, Ohio and Wisconsin and the | 1374 |
| Commonwealth of Pennsylvania and consented to by the Congress of | 1375 |
| the United States. This Compact shall be signed and sealed in nine | 1376 |
| identical original copies by the respective chief executives of | 1377 |
| the signatory Parties. One such copy shall be filed with the | 1378 |
| Secretary of State of each of the signatory Parties or in | 1379 |
| accordance with the laws of the state in which the filing is made, | 1380 |
| and one copy shall be filed and retained in the archives of the | 1381 |
| Council upon its organization. The signatures shall be affixed and | 1382 |
| attested under the following form: | 1383 |
| In Witness Whereof, and in evidence of the adoption and enactment | 1384 |
| into law of this Compact by the legislatures of the signatory | 1385 |
| parties and consent by the Congress of the United States, the | 1386 |
| respective Governors do hereby, in accordance with the authority | 1387 |
| conferred by law, sign this Compact in nine duplicate original | 1388 |
| copies, attested by the respective Secretaries of State, and have | 1389 |
| caused the seals of the respective states to be hereunto affixed | 1390 |
| this day of (month), (year). | 1391 |
| Sec. 1522.02. The governor, ex officio, shall serve as this | 1392 |
| state's administrator of the great lakes-st. Lawrence river basin | 1393 |
| water resources compact. The governor shall appoint the director | 1394 |
| of natural resources as the governor's alternate for purposes of | 1395 |
| attending all meetings of the great lakes-st. Lawrence river basin | 1396 |
| water resources council and voting on matters before the council | 1397 |
| in the governor's absence. | 1398 |
| The governor shall do all of the following as administrator: | 1399 |
| (A) Receive copies of all agreements that are entered into | 1400 |
| pursuant to the compact by this state or its political | 1401 |
| subdivisions and other states or their political subdivisions; | 1402 |
| (B) Consult with, advise, and aid this state, other states, | 1403 |
| and political subdivisions in the formulation of such agreements; | 1404 |
| (C) Make any recommendations to the general assembly, | 1405 |
| legislatures of other states, governmental agencies, and political | 1406 |
| subdivisions that the governor considers desirable in order to | 1407 |
| effectuate the purposes of the compact; | 1408 |
| (D) Consult with and cooperate with the compact | 1409 |
| administrators of other states that are parties to the compact. | 1410 |
| Sec. 1522.03. (A) Subject to the limitations established in | 1411 |
| division (B) of section 1522.05 of the Revised Code, the director | 1412 |
| of natural resources shall do both of the following: | 1413 |
| (1) Adopt rules in accordance with Chapter 119. of the | 1414 |
| Revised Code for the implementation, administration, and | 1415 |
| enforcement of this chapter; | 1416 |
| (2) Enforce the great lakes-st. Lawrence river basin water | 1417 |
| resources compact and take appropriate actions to effectuate its | 1418 |
| purposes and intent. | 1419 |
| (B) Subject to the limitations established in division (B) of | 1420 |
| section 1522.05 of the Revised Code, any appropriate state agency | 1421 |
| or governmental officer shall enforce the compact and take | 1422 |
| appropriate actions to effectuate its purpose and intent. | 1423 |
| Sec. 1522.04. (A) Prior to casting a vote under Section 3.1 | 1424 |
| of the great lakes-st. Lawrence river basin water resources | 1425 |
| compact with respect to any regulation that amends or revises the | 1426 |
| standard of review and decision, the governor or the governor's | 1427 |
| alternate shall obtain authorization from the general assembly for | 1428 |
| the vote. The governor or the governor's alternate shall obtain | 1429 |
| the authorization via a concurrent resolution adopted or bill | 1430 |
| enacted by the general assembly. The governor or the governor's | 1431 |
| alternate shall exercise the vote consistent with the terms of the | 1432 |
| general assembly's authorization. The procedures established in | 1433 |
| this section are material requirements for adoption of any such | 1434 |
| regulation in accordance with Section 3.1 of the compact and | 1435 |
| Ohio's respective statutory authority and procedures. | 1436 |
| (B) No regulation duly adopted as provided for in Section 3.1 | 1437 |
| of the compact that amends or revises the standard of review and | 1438 |
| decision as set forth in the compact may be adopted by the | 1439 |
| director of natural resources unless the regulation is first | 1440 |
| approved by the general assembly in the same manner as a statutory | 1441 |
| enactment. | 1442 |
| Sec. 1522.05. (A) Pursuant to Section 9.2 of the great | 1443 |
| lakes-st. Lawrence river basin water resources compact, the | 1444 |
| governor may take such actions as are necessary for the initial | 1445 |
| organization and operation of the great lakes-st. Lawrence river | 1446 |
| basin water resources council created in Section 2.1 of the | 1447 |
| compact. Agencies of the state are hereby authorized to cooperate | 1448 |
| with the council. | 1449 |
| (B)(1) The governor, the department of natural resources, or | 1450 |
| any other agency of the state shall not adopt rules or implement | 1451 |
| any program regulating the use, withdrawal, consumptive use, or | 1452 |
| diversion of water pursuant to Sections 4.10 and 4.12.2 of the | 1453 |
| compact unless the general assembly enacts legislation after the | 1454 |
| effective date of this section authorizing the implementation of | 1455 |
| the program or adoption of rules. | 1456 |
| In addition, the governor, the department of natural | 1457 |
| resources, or any other agency of the state shall not adopt rules | 1458 |
| or implement any mandatory program governing water conservation | 1459 |
| and efficiency pursuant to Section 4.2 of the compact unless the | 1460 |
| general assembly enacts legislation after the effective date of | 1461 |
| the compact authorizing the implementation of the program or | 1462 |
| adoption of rules. However, the governor, the department of | 1463 |
| natural resources, or any other agency of the state may adopt | 1464 |
| rules concerning and may implement voluntary water conservation | 1465 |
| and efficiency programs without authorization from the general | 1466 |
| assembly. Such voluntary programs shall not include any mandatory | 1467 |
| requirements. | 1468 |
| (2) Division (B)(1) of this section does not prohibit the | 1469 |
| effectuation of Sections 4.8 and 4.9 of the compact after the | 1470 |
| effective date of the compact or prohibit the continued | 1471 |
| implementation and enforcement by the governor or applicable | 1472 |
| agencies of this state of laws, rules, or programs regulating the | 1473 |
| use, withdrawal, consumptive use, or diversion of water that are | 1474 |
| in effect on or before the effective date of this section. | 1475 |
| Sec. 1522.06. It is the intent of the general assembly that | 1476 |
| any incorporation of water into a product that is produced within | 1477 |
| the great lakes-st. Lawrence river basin and packaged and intended | 1478 |
| for intermediate or end-use consumers, whether distributed inside | 1479 |
| or outside the basin, is a consumptive use and does not constitute | 1480 |
| a diversion for purposes of the great lakes-st. Lawrence river | 1481 |
| basin water resources compact. A proposal to withdraw water and | 1482 |
| remove it from the basin in a container greater than five and | 1483 |
| seven-tenths gallons in capacity shall be treated as a proposal | 1484 |
| for a diversion as provided under Section 4.12.10 of the great | 1485 |
| lakes-st. Lawrence river basin water resources compact. | 1486 |
| Sec. 1522.07. (A)(1) It is the intent of the general assembly | 1487 |
| that for purposes of establishing the baseline for determining a | 1488 |
| new or increased diversion, consumptive use, or withdrawal | 1489 |
| pursuant to Section 4.12.2 of the great lakes-st. Lawrence river | 1490 |
| basin water resources compact, the amount of each existing | 1491 |
| diversion, consumptive use, or withdrawal shall be the larger of | 1492 |
| either of the following: | 1493 |
| (a) The applicable limitation specified in a permit issued | 1494 |
| under section 1501.32, 1501.33, or 1501.34 of the Revised Code or | 1495 |
| another permit issued by an agency of the state that specifically | 1496 |
| regulates and limits the amount of a water diversion, consumptive | 1497 |
| use, or withdrawal; | 1498 |
| (b) The physical capacity of the withdrawal system of the | 1499 |
| applicable facility as of the effective date of the great | 1500 |
| lakes-st. Lawrence river basin water resources compact. | 1501 |
| (2) For purposes of division (A)(1) of this section, both of | 1502 |
| the following apply: | 1503 |
| (a) A wastewater discharge permit issued under Chapter 6111. | 1504 |
| of the Revised Code or the Federal Water Pollution Control Act as | 1505 |
| defined in section 6111.01 of the Revised Code shall not be | 1506 |
| considered a permit that regulates or limits the amount of an | 1507 |
| existing diversion, consumptive use, or withdrawal. | 1508 |
| (b) Approval of a public water supply system under Chapter | 1509 |
| 6109. of the Revised Code shall not be considered a permit that | 1510 |
| regulates or limits the amount of an existing diversion, | 1511 |
| consumptive use, or withdrawal unless the approval contains a | 1512 |
| specific and legally enforceable limitation on the amount of the | 1513 |
| diversion, consumptive use, or withdrawal. | 1514 |
| (B)(1) It is the understanding and intent of the general | 1515 |
| assembly that Section 4.11.2 of the great lakes-st. Lawrence river | 1516 |
| basin water resources compact as enacted in section 1522.01 of the | 1517 |
| Revised Code shall be interpreted to require that a withdrawal or | 1518 |
| consumptive use will be implemented so as to ensure that the | 1519 |
| withdrawal or consumptive use will result in no significant | 1520 |
| individual or cumulative adverse impacts on the quantity or | 1521 |
| quality of the waters and water dependent natural resources of | 1522 |
| either of the following: | 1523 |
| (a) The basin considered as a whole; | 1524 |
| (b) The applicable source watershed of lake Erie considered | 1525 |
| as a whole. | 1526 |
| (2) In addition, it is the understanding and intent of the | 1527 |
| general assembly that impacts of a withdrawal or consumptive use | 1528 |
| on the quantity or quality of waters and water dependent natural | 1529 |
| resources of more localized areas that affect less than the basin | 1530 |
| or an applicable source watershed as a whole are to be considered | 1531 |
| a part of the evaluation of reasonable use as provided in Section | 1532 |
| 4.11.5 of the compact. | 1533 |
| The governor and the governor's alternate on the great | 1534 |
| lakes-st. Lawrence river basin water resources council shall | 1535 |
| advise the council, the other states that are proposed parties to | 1536 |
| the compact, and the United States congress with respect to the | 1537 |
| understanding and statement of legislative intent set forth in | 1538 |
| division (B) of this section and shall inform them that such | 1539 |
| understanding and intent are a material consideration to the | 1540 |
| general assembly's concurrence in the great lakes-st. Lawrence | 1541 |
| river basin water resources compact. Prior to seeking the consent | 1542 |
| of the United States congress to the compact, the governor and the | 1543 |
| governor's alternate on the council shall actively seek the | 1544 |
| concurrence of the council and the other state parties to the | 1545 |
| compact with respect to the understanding and legislative intent | 1546 |
| set forth in division (B) of this section, and the governor shall | 1547 |
| report to the general assembly periodically concerning those | 1548 |
| efforts. | 1549 |
| Sec. 1522.08. (A) It is the intent and understanding of the | 1550 |
| general assembly that the enactment of the great lakes-st. | 1551 |
| Lawrence river basin water resources compact and its | 1552 |
| implementation in this state do not and shall not in any manner | 1553 |
| abrogate any private property rights established under the Revised | 1554 |
| Code or the common law of this state. In addition, it is the | 1555 |
| intent and understanding of the general assembly that the | 1556 |
| enactment of the great lakes-st. Lawrence river basin water | 1557 |
| resources compact does not confer or extend any public trust | 1558 |
| rights and does not confer any proprietary ownership rights to the | 1559 |
| state or any public entity over the ground water or surface water | 1560 |
| in the great lakes-st. Lawrence river basin in this state. | 1561 |
| (B) It is the intent and understanding of the general | 1562 |
| assembly that the great lakes-st. Lawrence river basin water | 1563 |
| resources compact does not create any cause of action that may be | 1564 |
| brought against any person beyond those causes of action that are | 1565 |
| specifically authorized under Section 7.3 of the compact. | 1566 |
| Section 2. It is the intent of the General Assembly that on | 1567 |
| the effective date of the Great Lakes-St. Lawrence River Basin | 1568 |
| Water Resources Compact, as that date is specified in Section 9.4 | 1569 |
| of the Compact as enacted in section 1522.01 of the Revised Code | 1570 |
| by this act, both of the following apply: | 1571 |
| (A) All provisions of the Revised Code that were inconsistent | 1572 |
| with the Compact prior to the effective date of the Compact shall | 1573 |
| have been amended or repealed in order to conform with the Compact | 1574 |
| in accordance with section 9.1 of the Compact. | 1575 |
| (B) Sections 1521.15 and 1521.16 of the Revised Code, as they | 1576 |
| exist on the effective date of this act or as subsequently | 1577 |
| amended, shall be used to implement Section 4.1 of the Compact. | 1578 |
| Section 3. (A) Not later than three months after the | 1579 |
| effective date of this section, the Director of Natural Resources | 1580 |
| shall convene an advisory board consisting of the following | 1581 |
| persons with an interest in the Great Lakes-St. Lawrence River | 1582 |
| Basin Water Resources Compact: | 1583 |
| (1) The Director of Natural Resources or the Director's | 1584 |
| designee, who shall serve as chairperson of the advisory board; | 1585 |
| (2) The Director of Environmental Protection or the | 1586 |
| Director's designee; | 1587 |
| (3) The Director of Development or the Director's designee; | 1588 |
| (4) The following members appointed by the Governor: | 1589 |
| (a) One water quality expert from the faculty or staff of an | 1590 |
| Ohio college or university; | 1591 |
| (b) One representative of a statewide environmental advocacy | 1592 |
| organization; | 1593 |
| (c) One representative of a local environmental advocacy | 1594 |
| organization in the Lake Erie Basin; | 1595 |
| (d) One representative of a sustainable economic development | 1596 |
| organization in the Lake Erie Basin; | 1597 |
| (e) One representative of the travel and tourism industry; | 1598 |
| (f) One representative of the electric utility industry; | 1599 |
| (g) One representative of a county government in the Lake | 1600 |
| Erie Basin. | 1601 |
| (5) The following members appointed by the President of the | 1602 |
| Senate: | 1603 |
| (a) Two members of the Senate who shall not be members of the | 1604 |
| same political party; | 1605 |
| (b) One representative of the bottled water industry; | 1606 |
| (c) One representative of a statewide land conservation | 1607 |
| advocacy organization; | 1608 |
| (d) One representative of agricultural interests in the Lake | 1609 |
| Erie Basin; | 1610 |
| (e) One representative of the aggregates industry; | 1611 |
| (f) One representative of the pulp and paper industry; | 1612 |
| (g) One representative of a large manufacturer with a | 1613 |
| facility located within the Lake Erie Basin; | 1614 |
| (h) One member of the public. | 1615 |
| (6) The following members appointed by the Speaker of the | 1616 |
| House of Representatives: | 1617 |
| (a) Two members of the House of Representatives who shall not | 1618 |
| be members of the same political party; | 1619 |
| (b) One representative of a municipal government in the Lake | 1620 |
| Erie Basin; | 1621 |
| (c) One expert in hydrogeology from the faculty or staff of | 1622 |
| an Ohio college or university; | 1623 |
| (d) One representative of a locally based organization in the | 1624 |
| Lake Erie Basin that assists in the development and implementation | 1625 |
| of a plan for the protection and management of surface and ground | 1626 |
| water resources in a watershed; | 1627 |
| (e) One representative of a fish and wildlife advocacy | 1628 |
| organization; | 1629 |
| (f) One representative of residential developers; | 1630 |
| (g) One representative of the chemical industry; | 1631 |
| (h) One representative of the petroleum industry with a | 1632 |
| facility located within the Lake Erie Basin. | 1633 |
| All appointments shall be made to the advisory board not | 1634 |
| later than thirty days after the effective date of this section. | 1635 |
| The advisory board shall meet on a regular basis. Vacancies on the | 1636 |
| advisory board shall be filled in the manner provided for original | 1637 |
| appointments. Members of the advisory board shall receive no | 1638 |
| compensation for serving on the board. The Department of Natural | 1639 |
| Resources shall provide technical support to the advisory board. | 1640 |
| (B) The advisory board shall be convened for the purpose of | 1641 |
| developing recommendations for legislation that is necessary to | 1642 |
| implement and effectuate the requirements and purposes of the | 1643 |
| Great Lakes-St. Lawrence River Basin Water Resources Compact. The | 1644 |
| recommendations shall address, but not be limited to, the | 1645 |
| following: | 1646 |
| (1) The evaluation and recommendation of the threshold levels | 1647 |
| to be included in the implementing legislation for regulating new | 1648 |
| or increased water withdrawals in the state, considering at least | 1649 |
| all of the following: | 1650 |
| (a) The number of withdrawals that will be regulated; | 1651 |
| (b) The relative impact of those withdrawals; | 1652 |
| (c) The practicality of regulating those withdrawals; | 1653 |
| (d) The alternatives that are available in the establishment | 1654 |
| of a permitting program in order to meet the water management | 1655 |
| objectives of this state. | 1656 |
| (2) The establishment of requirements regarding the review of | 1657 |
| lists of existing water users in the portion of the Great | 1658 |
| Lakes-St. Lawrence River Basin that is in this state; | 1659 |
| (3) The establishment of a process for use by persons that | 1660 |
| wish to appeal their inclusion in the list of existing water | 1661 |
| users; | 1662 |
| (4) The establishment of conservation objectives with respect | 1663 |
| to the Great Lakes-St. Lawrence River Basin Water Resources | 1664 |
| Compact and the development of the state's water conservation and | 1665 |
| efficiency programs; | 1666 |
| (5) The method for determining the capacity of existing | 1667 |
| facilities as required in Section 4.12.2 of the Great Lakes-St. | 1668 |
| Lawrence River Basin Water Resources Compact. | 1669 |
| (C) The advisory board shall present its final | 1670 |
| recommendations to the Governor and the General Assembly not later | 1671 |
| than eighteen months after the effective date of this section. It | 1672 |
| is the intent of the General Assembly that the recommendations of | 1673 |
| the advisory board will represent a consensus of the board's | 1674 |
| members regarding the issues presented to and discussed by the | 1675 |
| board. However, if a consensus cannot be reached on any or all of | 1676 |
| the issues before the board, one or more minority opinions may | 1677 |
| accompany the recommendations of the board. | 1678 |
| (D) Upon submission of its recommendations under division (C) | 1679 |
| of this section, the advisory board shall cease to exist. | 1680 |
| Section 4. If the state of Illinois, Indiana, Michigan, | 1681 |
| Minnesota, New York, or Wisconsin or the commonwealth of | 1682 |
| Pennsylvania fails to enact the Great Lakes-St. Lawrence River | 1683 |
| Basin Water Resources Compact not later than three years after the | 1684 |
| effective date of this section, Ohio reserves the right to | 1685 |
| reconsider its enactment of the Compact and, if necessary, repeal | 1686 |
| the Compact in its entirety. | 1687 |
| Section 5. Text that is italicized in the Great Lakes-St. | 1688 |
| Lawrence River Basin Water Resources Compact as presented in this | 1689 |
| act shall not be italicized but rather underlined in publications | 1690 |
| of the Compact. | 1691 |
| Section 6. Sections 1, 2, 3, 4, and 5 of this act take effect December 8, 2008. |