Illinois General Assembly - Full Text of HB0375
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Full Text of HB0375  95th General Assembly

HB0375ham001 95TH GENERAL ASSEMBLY

Executive Committee

Filed: 3/21/2007

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 375

2     AMENDMENT NO. ______. Amend House Bill 375 by replacing
3 everything after the enacting clause with the following:
 
 
4     "Section 1. Short title. This Act may be cited as the Great
5 Lakes-St. Lawrence River Basin Water Resources Compact Act.
 
6     Section 5. Great Lakes-St. Lawrence River Basin Water
7 Resources Compact. The Governor of this State is authorized to
8 take such action as may be necessary and proper in his or her
9 discretion to effectuate the following Compact and the initial
10 organization and operation thereunder:
 
11
AGREEMENT

 
12     Section 1. The states of Illinois, Indiana, Michigan,
13 Minnesota, New York, Ohio and Wisconsin and the Commonwealth of

 

 

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1 Pennsylvania hereby solemnly covenant and agree with each
2 other, upon enactment of concurrent legislation by the
3 respective state legislatures and consent by the Congress of
4 the United States as follows:
 
5
GREAT LAKES-ST. LAWRENCE RIVER BASIN WATER RESOURCES
6
COMPACT

 
7
ARTICLE 1
8
SHORT TITLE, DEFINITIONS, PURPOSES AND DURATION

 
9     Section 1.1. Short Title. This act shall be known and may
10 be cited as the "Great Lakes-St. Lawrence River Basin Water
11 Resources Compact."
 
12     Section 1.2. Definitions. For the purposes of this Compact,
13 and of any supplemental or concurring legislation enacted
14 pursuant thereto, except as may be otherwise required by the
15 context:
16     Adaptive Management means a Water resources management
17 system that provides a systematic process for evaluation,
18 monitoring and learning from the outcomes of operational
19 programs and adjustment of policies, plans and programs based
20 on experience and the evolution of scientific knowledge
21 concerning Water resources and Water Dependent Natural
22 Resources.

 

 

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1     Agreement means the Great Lakes-St. Lawrence River Basin
2 Sustainable Water Resources Agreement.
3     Applicant means a Person who is required to submit a
4 Proposal that is subject to management and regulation under
5 this Compact. Application has a corresponding meaning.
6     Basin or Great Lakes-St. Lawrence River Basin means the
7 watershed of the Great Lakes and the St. Lawrence River
8 upstream from Trois-Rivières, Québec within the jurisdiction
9 of the Parties.
10     Basin Ecosystem or Great Lakes-St. Lawrence River Basin
11 Ecosystem means the interacting components of air, land, Water
12 and living organisms, including humankind, within the Basin.
13     Community within a Straddling County means any
14 incorporated city, town or the equivalent thereof, that is
15 located outside the Basin but wholly within a County that lies
16 partly within the Basin and that is not a Straddling Community.
17     Compact means this Compact.
18     Consumptive Use means that portion of the Water Withdrawn
19 or withheld from the Basin that is lost or otherwise not
20 returned to the Basin due to evaporation, incorporation into
21 Products, or other processes.
22     Council means the Great Lakes-St. Lawrence River Basin
23 Water Resources Council, created by this Compact.
24     Council Review means the collective review by the Council
25 members as described in Article 4 of this Compact.
26     County means the largest territorial division for local

 

 

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1 government in a State. The County boundaries shall be defined
2 as those boundaries that exist as of December 13, 2005.
3     Cumulative Impacts mean the impact on the Basin Ecosystem
4 that results from incremental effects of all aspects of a
5 Withdrawal, Diversion or Consumptive Use in addition to other
6 past, present, and reasonably foreseeable future Withdrawals,
7 Diversions and Consumptive Uses regardless of who undertakes
8 the other Withdrawals, Diversions and Consumptive Uses.
9 Cumulative Impacts can result from individually minor but
10 collectively significant Withdrawals, Diversions and
11 Consumptive Uses taking place over a period of time.
12     Decision-Making Standard means the decision-making
13 standard established by Section 4.11 for Proposals subject to
14 management and regulation in Section 4.10.
15     Diversion means a transfer of Water from the Basin into
16 another watershed, or from the watershed of one of the Great
17 Lakes into that of another by any means of transfer, including
18 but not limited to a pipeline, canal, tunnel, aqueduct,
19 channel, modification of the direction of a water course, a
20 tanker ship, tanker truck or rail tanker but does not apply to
21 Water that is used in the Basin or a Great Lake watershed to
22 manufacture or produce a Product that is then transferred out
23 of the Basin or watershed. Divert has a corresponding meaning.
24     Environmentally Sound and Economically Feasible Water
25 Conservation Measures mean those measures, methods,
26 technologies or practices for efficient water use and for

 

 

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1 reduction of water loss and waste or for reducing a Withdrawal,
2 Consumptive Use or Diversion that i) are environmentally sound,
3 ii) reflect best practices applicable to the water use sector,
4 iii) are technically feasible and available, iv) are
5 economically feasible and cost effective based on an analysis
6 that considers direct and avoided economic and environmental
7 costs and v) consider the particular facilities and processes
8 involved, taking into account the environmental impact, age of
9 equipment and facilities involved, the processes employed,
10 energy impacts and other appropriate factors.
11     Exception means a transfer of Water that is excepted under
12 Section 4.9 from the prohibition against Diversions in Section
13 4.8.
14     Exception Standard means the standard for Exceptions
15 established in Section 4.9.4.
16     Intra-Basin Transfer means the transfer of Water from the
17 watershed of one of the Great Lakes into the watershed of
18 another Great Lake.
19     Measures means any legislation, law, regulation,
20 directive, requirement, guideline, program, policy,
21 administrative practice or other procedure.
22     New or Increased Diversion means a new Diversion, an
23 increase in an existing Diversion, or the alteration of an
24 existing Withdrawal so that it becomes a Diversion.
25     New or Increased Withdrawal or Consumptive Use means a new
26 Withdrawal or Consumptive Use or an increase in an existing

 

 

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1 Withdrawal or Consumptive Use.
2     Originating Party means the Party within whose
3 jurisdiction an Application or registration is made or
4 required.
5     Party means a State party to this Compact.
6     Person means a human being or a legal person, including a
7 government or a non-governmental organization, including any
8 scientific, professional, business, non-profit, or public
9 interest organization or association that is neither
10 affiliated with, nor under the direction of a government.
11     Product means something produced in the Basin by human or
12 mechanical effort or through agricultural processes and used in
13 manufacturing, commercial or other processes or intended for
14 intermediate or end use consumers. (i) Water used as part of
15 the packaging of a Product shall be considered to be part of
16 the Product. (ii) Other than Water used as part of the
17 packaging of a Product, Water that is used primarily to
18 transport materials in or out of the Basin is not a Product or
19 part of a Product. (iii) Except as provided in (i) above, Water
20 which is transferred as part of a public or private supply is
21 not a Product or part of a Product. (iv) Water in its natural
22 state such as in lakes, rivers, reservoirs, aquifers, or water
23 basins is not a Product.
24     Proposal means a Withdrawal, Diversion or Consumptive Use
25 of Water that is subject to this Compact.
26     Province means Ontario or Québec.

 

 

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1     Public Water Supply Purposes means water distributed to the
2 public through a physically connected system of treatment,
3 storage and distribution facilities serving a group of largely
4 residential customers that may also serve industrial,
5 commercial, and other institutional operators. Water Withdrawn
6 directly from the Basin and not through such a system shall not
7 be considered to be used for Public Water Supply Purposes.
8     Regional Body means the members of the Council and the
9 Premiers of Ontario and Québec or their designee as established
10 by the Agreement.
11     Regional Review means the collective review by the Regional
12 Body as described in Article 4 of this Compact.
13     Source Watershed means the watershed from which a
14 Withdrawal originates. If Water is Withdrawn directly from a
15 Great Lake or from the St. Lawrence River, then the Source
16 Watershed shall be considered to be the watershed of that Great
17 Lake or the watershed of the St. Lawrence River, respectively.
18 If Water is Withdrawn from the watershed of a stream that is a
19 direct tributary to a Great Lake or a direct tributary to the
20 St. Lawrence River, then the Source Watershed shall be
21 considered to be the watershed of that Great Lake or the
22 watershed of the St. Lawrence River, respectively, with a
23 preference to the direct tributary stream watershed from which
24 it was Withdrawn.
25     Standard of Review and Decision means the Exception
26 Standard, Decision-Making Standard and reviews as outlined in

 

 

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1 Article 4 of this Compact.
2     State means one of the states of Illinois, Indiana,
3 Michigan, Minnesota, New York, Ohio or Wisconsin or the
4 Commonwealth of Pennsylvania.
5     Straddling Community means any incorporated city, town or
6 the equivalent thereof, wholly within any County that lies
7 partly or completely within the Basin, whose corporate boundary
8 existing as of the effective date of this Compact, is partly
9 within the Basin or partly within two Great Lakes watersheds.
10     Technical Review means a detailed review conducted to
11 determine whether or not a Proposal that requires Regional
12 Review under this Compact meets the Standard of Review and
13 Decision following procedures and guidelines as set out in this
14 Compact.
15     Water means ground or surface water contained within the
16 Basin.
17     Water Dependent Natural Resources means the interacting
18 components of land, Water and living organisms affected by the
19 Waters of the Basin.
20     Waters of the Basin or Basin Water means the Great Lakes
21 and all streams, rivers, lakes, connecting channels and other
22 bodies of water, including tributary groundwater, within the
23 Basin.
24     Withdrawal means the taking of water from surface water or
25 groundwater. Withdraw has a corresponding meaning.
 

 

 

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1     Section 1.3. Findings and Purposes. The legislative bodies
2 of the respective Parties hereby find and declare:
3     1. Findings:
4         a. The Waters of the Basin are precious public natural
5     resources shared and held in trust by the States;
6         b. The Waters of the Basin are interconnected and part
7     of a single hydrologic system;
8         c. The Waters of the Basin can concurrently serve
9     multiple uses. Such multiple uses include municipal,
10     public, industrial, commercial, agriculture, mining,
11     navigation, energy development and production, recreation,
12     the subsistence, economic and cultural activities of
13     native peoples, Water quality maintenance, and the
14     maintenance of fish and wildlife habitat and a balanced
15     ecosystem. And, other purposes are encouraged, recognizing
16     that such uses are interdependent and must be balanced;
17         d. Future Diversions and Consumptive Uses of Basin
18     Water resources have the potential to significantly impact
19     the environment, economy and welfare of the Great Lakes-St.
20     Lawrence River region;
21         e. Continued sustainable, accessible and adequate
22     Water supplies for the people and economy of the Basin are
23     of vital importance; and,
24         f. The Parties have a shared duty to protect, conserve,
25     restore, improve and manage the renewable but finite Waters
26     of the Basin for the use, benefit and enjoyment of all

 

 

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1     their citizens, including generations yet to come. The most
2     effective means of protecting, conserving, restoring,
3     improving and managing the Basin Waters is through the
4     joint pursuit of unified and cooperative principles,
5     policies and programs mutually agreed upon, enacted and
6     adhered to by all Parties.
7     2. Purposes:
8         a. To act together to protect, conserve, restore,
9     improve and effectively manage the Waters and Water
10     Dependent Natural Resources of the Basin under appropriate
11     arrangements for intergovernmental cooperation and
12     consultation because current lack of full scientific
13     certainty should not be used as a reason for postponing
14     measures to protect the Basin Ecosystem;
15         b. To remove causes of present and future
16     controversies;
17         c. To provide for cooperative planning and action by
18     the Parties with respect to such Water resources;
19         d. To facilitate consistent approaches to Water
20     management across the Basin while retaining State
21     management authority over Water management decisions
22     within the Basin;
23         e. To facilitate the exchange of data, strengthen the
24     scientific information base upon which decisions are made
25     and engage in consultation on the potential effects of
26     proposed Withdrawals and losses on the Waters and Water

 

 

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1     Dependent Natural Resources of the Basin;
2         f. To prevent significant adverse impacts of
3     Withdrawals and losses on the Basin's ecosystems and
4     watersheds;
5         g. To promote interstate and State-Provincial comity;
6     and,
7         h. To promote an Adaptive Management approach to the
8     conservation and management of Basin Water resources,
9     which recognizes, considers and provides adjustments for
10     the uncertainties in, and evolution of, scientific
11     knowledge concerning the Basin's Waters and Water
12     Dependent Natural Resources.
 
13     Section 1.4. Science.
14     1. The Parties commit to provide leadership for the
15 development of a collaborative strategy with other regional
16 partners to strengthen the scientific basis for sound Water
17 management decision making under this Compact.
18     2. The strategy shall guide the collection and application
19 of scientific information to support:
20         a. An improved understanding of the individual and
21     Cumulative Impacts of Withdrawals from various locations
22     and Water sources on the Basin Ecosystem and to develop a
23     mechanism by which impacts of Withdrawals may be assessed;
24         b. The periodic assessment of Cumulative Impacts of
25     Withdrawals, Diversions and Consumptive Uses on a Great

 

 

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1     Lake and St. Lawrence River watershed basis;
2         c. Improved scientific understanding of the Waters of
3     the Basin;
4         d. Improved understanding of the role of groundwater in
5     Basin Water resources management; and,
6         e. The development, transfer and application of
7     science and research related to Water conservation and
8     Water use efficiency.
 
9
ARTICLE 2
10
ORGANIZATION

 
11     Section 2.1. Council Created.
12     The Great Lakes-St. Lawrence River Basin Water Resources
13 Council is hereby created as a body politic and corporate, with
14 succession for the duration of this Compact, as an agency and
15 instrumentality of the governments of the respective Parties.
 
16     Section 2.2. Council Membership.
17     The Council shall consist of the Governors of the Parties,
18 ex officio.
 
19     Section 2.3. Alternates.
20     Each member of the Council shall appoint at least one
21 alternate who may act in his or her place and stead, with
22 authority to attend all meetings of the Council and with power

 

 

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1 to vote in the absence of the member. Unless otherwise provided
2 by law of the Party for which he or she is appointed, each
3 alternate shall serve during the term of the member appointing
4 him or her, subject to removal at the pleasure of the member.
5 In the event of a vacancy in the office of alternate, it shall
6 be filled in the same manner as an original appointment for the
7 unexpired term only.
 
8     Section 2.4. Voting.
9     1. Each member is entitled to one vote on all matters that
10 may come before the Council.
11     2. Unless otherwise stated, the rule of decision shall be
12 by a simple majority.
13     3. The Council shall annually adopt a budget for each
14 fiscal year and the amount required to balance the budget shall
15 be apportioned equitably among the Parties by unanimous vote of
16 the Council. The appropriation of such amounts shall be subject
17 to such review and approval as may be required by the budgetary
18 processes of the respective Parties.
19     4. The participation of Council members from a majority of
20 the Parties shall constitute a quorum for the transaction of
21 business at any meeting of the Council.
 
22     Section 2.5. Organization and Procedure.
23     The Council shall provide for its own organization and
24 procedure, and may adopt rules and regulations governing its

 

 

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1 meetings and transactions, as well as the procedures and
2 timeline for submission, review and consideration of Proposals
3 that come before the Council for its review and action. The
4 Council shall organize, annually, by the election of a Chair
5 and Vice Chair from among its members. Each member may appoint
6 an advisor, who may attend all meetings of the Council and its
7 committees, but shall not have voting power. The Council may
8 employ or appoint professional and administrative personnel,
9 including an Executive Director, as it may deem advisable, to
10 carry out the purposes of this Compact.
 
11     Section 2.6. Use of Existing Offices and Agencies.
12     It is the policy of the Parties to preserve and utilize the
13 functions, powers and duties of existing offices and agencies
14 of government to the extent consistent with this Compact.
15 Further, the Council shall promote and aid the coordination of
16 the activities and programs of the Parties concerned with Water
17 resources management in the Basin. To this end, but without
18 limitation, the Council may:
19     1. Advise, consult, contract, assist or otherwise
20 cooperate with any and all such agencies;
21     2. Employ any other agency or instrumentality of any of the
22 Parties for any purpose; and,
23     3. Develop and adopt plans consistent with the Water
24 resources plans of the Parties.
 

 

 

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1     Section 2.7. Jurisdiction.
2     The Council shall have, exercise and discharge its
3 functions, powers and duties within the limits of the Basin.
4 Outside the Basin, it may act in its discretion, but only to
5 the extent such action may be necessary or convenient to
6 effectuate or implement its powers or responsibilities within
7 the Basin and subject to the consent of the jurisdiction
8 wherein it proposes to act.
 
9     Section 2.8. Status, Immunities and Privileges.
10     1. The Council, its members and personnel in their official
11 capacity and when engaged directly in the affairs of the
12 Council, its property and its assets, wherever located and by
13 whomsoever held, shall enjoy the same immunity from suit and
14 every form of judicial process as is enjoyed by the Parties,
15 except to the extent that the Council may expressly waive its
16 immunity for the purposes of any proceedings or by the terms of
17 any contract.
18     2. The property and assets of the Council, wherever located
19 and by whomsoever held, shall be considered public property and
20 shall be immune from search, requisition, confiscation,
21 expropriation or any other form of taking or foreclosure by
22 executive or legislative action.
23     3. The Council, its property and its assets, income and the
24 operations it carries out pursuant to this Compact shall be
25 immune from all taxation by or under the authority of any of

 

 

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1 the Parties or any political subdivision thereof; provided,
2 however, that in lieu of property taxes the Council may make
3 reasonable payments to local taxing districts in annual amounts
4 which shall approximate the taxes lawfully assessed upon
5 similar property.
 
6     Section 2.9. Advisory Committees.
7     The Council may constitute and empower advisory
8 committees, which may be comprised of representatives of the
9 public and of federal, State, tribal, county and local
10 governments, water resources agencies, water-using industries
11 and sectors, water-interest groups and academic experts in
12 related fields.
 
13
ARTICLE 3
14
GENERAL POWERS AND DUTIES

 
15     Section 3.1. General.
16     The Waters and Water Dependent Natural Resources of the
17 Basin are subject to the sovereign right and responsibilities
18 of the Parties, and it is the purpose of this Compact to
19 provide for joint exercise of such powers of sovereignty by the
20 Council in the common interests of the people of the region, in
21 the manner and to the extent provided in this Compact. The
22 Council and the Parties shall use the Standard of Review and
23 Decision and procedures contained in or adopted pursuant to

 

 

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1 this Compact as the means to exercise their authority under
2 this Compact.
3     The Council may revise the Standard of Review and Decision,
4 after consultation with the Provinces and upon unanimous vote
5 of all Council members, by regulation duly adopted in
6 accordance with Section 3.3 of this Compact and in accordance
7 with each Party's respective statutory authorities and
8 applicable procedures.
9     The Council shall identify priorities and develop plans and
10 policies relating to Basin Water resources. It shall adopt and
11 promote uniform and coordinated policies for Water resources
12 conservation and management in the Basin.
 
13     Section 3.2. Council Powers.
14     The Council may: plan; conduct research and collect,
15 compile, analyze, interpret, report and disseminate data on
16 Water resources and uses; forecast Water levels; conduct
17 investigations; institute court actions; design, acquire,
18 construct, reconstruct, own, operate, maintain, control, sell
19 and convey real and personal property and any interest therein
20 as it may deem necessary, useful or convenient to carry out the
21 purposes of this Compact; make contracts; receive and accept
22 such payments, appropriations, grants, gifts, loans, advances
23 and other funds, properties and services as may be transferred
24 or made available to it by any Party or by any other public or
25 private agency, corporation or individual; and, exercise such

 

 

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1 other and different powers as may be delegated to it by this
2 Compact or otherwise pursuant to law, and have and exercise all
3 powers necessary or convenient to carry out its express powers
4 or which may be reasonably implied therefrom.
 
5     Section 3.3. Rules and Regulations.
6     1. The Council may promulgate and enforce such rules and
7 regulations as may be necessary for the implementation and
8 enforcement of this Compact. The Council may adopt by
9 regulation, after public notice and public hearing, reasonable
10 Application fees with respect to those Proposals for Exceptions
11 that are subject to Council review under Section 4.9. Any rule
12 or regulation of the Council, other than one which deals solely
13 with the internal management of the Council or its property,
14 shall be adopted only after public notice and hearing.
15     2. Each Party, in accordance with its respective statutory
16 authorities and applicable procedures, may adopt and enforce
17 rules and regulations to implement and enforce this Compact and
18 the programs adopted by such Party to carry out the management
19 programs contemplated by this Compact.
 
20     Section 3.4. Program Review and Findings.
21     1. Each Party shall submit a report to the Council and the
22 Regional Body detailing its Water management and conservation
23 and efficiency programs that implement this Compact. The report
24 shall set out the manner in which Water Withdrawals are managed

 

 

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1 by sector, Water source, quantity or any other means, and how
2 the provisions of the Standard of Review and Decision and
3 conservation and efficiency programs are implemented. The
4 first report shall be provided by each Party one year from the
5 effective date of this Compact and thereafter every 5 years.
6     2. The Council, in cooperation with the Provinces, shall
7 review its Water management and conservation and efficiency
8 programs and those of the Parties that are established in this
9 Compact and make findings on whether the Water management
10 program provisions in this Compact are being met, and if not,
11 recommend options to assist the Parties in meeting the
12 provisions of this Compact. Such review shall take place:
13         a. 30 days after the first report is submitted by all
14     Parties; and,
15         b. Every five years after the effective date of this
16     Compact; and,
17         c. At any other time at the request of one of the
18     Parties.
19     3. As one of its duties and responsibilities, the Council
20 may recommend a range of approaches to the Parties with respect
21 to the development, enhancement and application of Water
22 management and conservation and efficiency programs to
23 implement the Standard of Review and Decision reflecting
24 improved scientific understanding of the Waters of the Basin,
25 including groundwater, and the impacts of Withdrawals on the
26 Basin Ecosystem.
 

 

 

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1
ARTICLE 4
2
WATER MANAGEMENT AND REGULATION

 
3     Section 4.1. Water Resources Inventory, Registration and
4 Reporting.
5     1. Within five years of the effective date of this Compact,
6 each Party shall develop and maintain a Water resources
7 inventory for the collection, interpretation, storage,
8 retrieval exchange, and dissemination of information
9 concerning the Water resources of the Party, including, but not
10 limited to, information on the location, type, quantity, and
11 use of those resources and the location, type, and quantity of
12 Withdrawals, Diversions and Consumptive Uses. To the extent
13 feasible, the Water resources inventory shall be developed in
14 cooperation with local, State, federal, tribal and other
15 private agencies and entities, as well as the Council. Each
16 Party's agencies shall cooperate with that Party in the
17 development and maintenance of the inventory.
18     2. The Council shall assist each Party to develop a common
19 base of data regarding the management of the Water Resources of
20 the Basin and to establish systematic arrangements for the
21 exchange of those data with other States and Provinces.
22     3. To develop and maintain a compatible base of Water use
23 information, within five years of the effective date of this
24 Compact any Person who Withdraws Water in an amount of 100,000

 

 

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1 gallons per day or greater average in any 30-day period
2 (including Consumptive Uses) from all sources, or Diverts Water
3 of any amount, shall register the Withdrawal or Diversion by a
4 date set by the Council unless the Person has previously
5 registered in accordance with an existing State program. The
6 Person shall register the Withdrawal or Diversion with the
7 Originating Party using a form prescribed by the Originating
8 Party that shall include, at a minimum and without limitation:
9 the name and address of the registrant and date of
10 registration; the locations and sources of the Withdrawal or
11 Diversion; the capacity of the Withdrawal or Diversion per day
12 and the amount Withdrawn or Diverted from each source; the uses
13 made of the Water; places of use and places of discharge; and,
14 such other information as the Originating Party may require.
15 All registrations shall include an estimate of the volume of
16 the Withdrawal or Diversion in terms of gallons per day average
17 in any 30-day period.
18     4. All registrants shall annually report the monthly
19 volumes of the Withdrawal, Consumptive Use and Diversion in
20 gallons to the Originating Party and any other information
21 requested by the Originating Party.
22     5. Each Party shall annually report the information
23 gathered pursuant to this Section to a Great Lakes-St. Lawrence
24 River Water use data base repository and aggregated information
25 shall be made publicly available, consistent with the
26 confidentiality requirements in Section 8.3.

 

 

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1     6. Information gathered by the Parties pursuant to this
2 Section shall be used to improve the sources and applications
3 of scientific information regarding the Waters of the Basin and
4 the impacts of the Withdrawals and Diversions from various
5 locations and Water sources on the Basin Ecosystem, and to
6 better understand the role of groundwater in the Basin. The
7 Council and the Parties shall coordinate the collection and
8 application of scientific information to further develop a
9 mechanism by which individual and Cumulative Impacts of
10 Withdrawals, Consumptive Uses and Diversions shall be
11 assessed.
 
12     Section 4.2. Water Conservation and Efficiency Programs.
13     1. The Council commits to identify, in cooperation with the
14 Provinces, Basin-wide Water conservation and efficiency
15 objectives to assist the Parties in developing their Water
16 conservation and efficiency program. These objectives are
17 based on the goals of:
18         a. Ensuring improvement of the Waters and Water
19     Dependent Natural Resources;
20         b. Protecting and restoring the hydrologic and
21     ecosystem integrity of the Basin;
22         c. Retaining the quantity of surface water and
23     groundwater in the Basin;
24         d. Ensuring sustainable use of Waters of the Basin;
25     and,

 

 

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1         e. Promoting the efficiency of use and reducing losses
2     and waste of Water.
3     2. Within two years of the effective date of this Compact,
4 each Party shall develop its own Water conservation and
5 efficiency goals and objectives consistent with the Basin-wide
6 goals and objectives, and shall develop and implement a Water
7 conservation and efficiency program, either voluntary or
8 mandatory, within its jurisdiction based on the Party's goals
9 and objectives. Each Party shall annually assess its programs
10 in meeting the Party's goals and objectives, report to the
11 Council and the Regional Body and make this annual assessment
12 available to the public.
13     3. Beginning five years after the effective date of this
14 Compact, and every five years thereafter, the Council, in
15 cooperation with the Provinces, shall review and modify as
16 appropriate the Basin-wide objectives, and the Parties shall
17 have regard for any such modifications in implementing their
18 programs. This assessment will be based on examining new
19 technologies, new patterns of Water use, new resource demands
20 and threats, and Cumulative Impact assessment under Section
21 4.15.
22     4. Within two years of the effective date of this Compact,
23 the Parties commit to promote Environmentally Sound and
24 Economically Feasible Water Conservation Measures such as:
25         a. Measures that promote efficient use of Water;
26         b. Identification and sharing of best management

 

 

09500HB0375ham001 - 24 - LRB095 05252 HLH 32639 a

1     practices and state of the art conservation and efficiency
2     technologies;
3         c. Application of sound planning principles;
4         d. Demand-side and supply-side Measures or incentives;
5     and,
6         e. Development, transfer and application of science
7     and research.
8     5. Each Party shall implement in accordance with paragraph
9 2 above a voluntary or mandatory Water conservation program for
10 all, including existing, Basin Water users. Conservation
11 programs need to adjust to new demands and the potential
12 impacts of cumulative effects and climate.
 
13     Section 4.3. Party Powers and Duties.
14     1. Each Party, within its jurisdiction, shall manage and
15 regulate New or Increased Withdrawals, Consumptive Uses and
16 Diversions, including Exceptions, in accordance with this
17 Compact.
18     2. Each Party shall require an Applicant to submit an
19 Application in such manner and with such accompanying
20 information as the Party shall prescribe.
21     3. No Party may approve a Proposal if the Party determines
22 that the Proposal is inconsistent with this Compact or the
23 Standard of Review and Decision or any implementing rules or
24 regulations promulgated thereunder. The Party may approve,
25 approve with modifications or disapprove any Proposal

 

 

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1 depending on the Proposal's consistency with this Compact and
2 the Standard of Review and Decision.
3     4. Each Party shall monitor the implementation of any
4 approved Proposal to ensure consistency with the approval and
5 may take all necessary enforcement actions.
6     5. No Party shall approve a Proposal subject to Council or
7 Regional Review, or both, pursuant to this Compact unless it
8 shall have been first submitted to and reviewed by either the
9 Council or Regional Body, or both, and approved by the Council,
10 as applicable. Sufficient opportunity shall be provided for
11 comment on the Proposal's consistency with this Compact and the
12 Standard of Review and Decision. All such comments shall become
13 part of the Party's formal record of decision, and the Party
14 shall take into consideration any such comments received.
 
15     Section 4.4. Requirement for Originating Party Approval.
16     No Proposal subject to management and regulation under this
17 Compact shall hereafter be undertaken by any Person unless it
18 shall have been approved by the Originating Party.
 
19     Section 4.5. Regional Review.
20     1. General.
21         a. It is the intention of the Parties to participate in
22     Regional Review of Proposals with the Provinces, as
23     described in this Compact and the Agreement.
24         b. Unless the Applicant or the Originating Party

 

 

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1     otherwise requests, it shall be the goal of the Regional
2     Body to conclude its review no later than 90 days after
3     notice under Section 4.5.2 of such Proposal is received
4     from the Originating Party.
5         c. Proposals for Exceptions subject to Regional Review
6     shall be submitted by the Originating Party to the Regional
7     Body for Regional Review, and where applicable, to the
8     Council for concurrent review.
9         d. The Parties agree that the protection of the
10     integrity of the Great Lakes - St. Lawrence River Basin
11     Ecosystem shall be the overarching principle for reviewing
12     Proposals subject to Regional Review, recognizing
13     uncertainties with respect to demands that may be placed on
14     Basin Water, including groundwater, levels and flows of the
15     Great Lakes and the St. Lawrence River, future changes in
16     environmental conditions, the reliability of existing data
17     and the extent to which Diversions may harm the integrity
18     of the Basin Ecosystem.
19         e. The Originating Party shall have lead
20     responsibility for coordinating information for resolution
21     of issues related to evaluation of a Proposal, and shall
22     consult with the Applicant throughout the Regional Review
23     Process.
24         f. A majority of the members of the Regional Body may
25     request Regional Review of a regionally significant or
26     potentially precedent setting Proposal. Such Regional

 

 

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1     Review must be conducted, to the extent possible, within
2     the time frames set forth in this Section. Any such
3     Regional Review shall be undertaken only after consulting
4     the Applicant.
5     2. Notice from Originating Party to the Regional Body.
6         a. The Originating Party shall determine if a Proposal
7     is subject to Regional Review. If so, the Originating Party
8     shall provide timely notice to the Regional Body and the
9     public.
10         b. Such notice shall not be given unless and until all
11     information, documents and the Originating Party's
12     Technical Review needed to evaluate whether the Proposal
13     meets the Standard of Review and Decision have been
14     provided.
15         c. An Originating Party may:
16             i. Provide notice to the Regional Body of an
17         Application, even if notification is not required; or,
18             ii. Request Regional Review of an application,
19         even if Regional Review is not required. Any such
20         Regional Review shall be undertaken only after
21         consulting the Applicant.
22         d. An Originating Party may provide preliminary notice
23     of a potential Proposal.
24     3. Public Participation.
25         a. To ensure adequate public participation, the
26     Regional Body shall adopt procedures for the review of

 

 

09500HB0375ham001 - 28 - LRB095 05252 HLH 32639 a

1     Proposals that are subject to Regional Review in accordance
2     with this Article.
3         b. The Regional Body shall provide notice to the public
4     of a Proposal undergoing Regional Review. Such notice shall
5     indicate that the public has an opportunity to comment in
6     writing to the Regional Body on whether the Proposal meets
7     the Standard of Review and Decision.
8         c. The Regional Body shall hold a public meeting in the
9     State or Province of the Originating Party in order to
10     receive public comment on the issue of whether the Proposal
11     under consideration meets the Standard of Review and
12     Decision.
13         d. The Regional Body shall consider the comments
14     received before issuing a Declaration of Finding.
15         e. The Regional Body shall forward the comments it
16     receives to the Originating Party.
17     4. Technical Review.
18         a. The Originating Party shall provide the Regional
19     Body with its Technical Review of the Proposal under
20     consideration.
21         b. The Originating Party's Technical Review shall
22     thoroughly analyze the Proposal and provide an evaluation
23     of the Proposal sufficient for a determination of whether
24     the Proposal meets the Standard of Review and Decision.
25         c. Any member of the Regional Body may conduct their
26     own Technical Review of any Proposal subject to Regional

 

 

09500HB0375ham001 - 29 - LRB095 05252 HLH 32639 a

1     Review.
2         d. At the request of the majority of its members, the
3     Regional Body shall make such arrangements as it considers
4     appropriate for an independent Technical Review of a
5     Proposal.
6         e. All Parties shall exercise their best efforts to
7     ensure that a Technical Review undertaken under Sections
8     4.5.4.c and 4.5.4.d does not unnecessarily delay the
9     decision by the Originating Party on the Application.
10     Unless the Applicant or the Originating Party otherwise
11     requests, all Technical Reviews shall be completed no later
12     than 60 days after the date the notice of the Proposal was
13     given to the Regional Body.
14     5. Declaration of Finding.
15         a. The Regional Body shall meet to consider a Proposal.
16     The Applicant shall be provided with an opportunity to
17     present the Proposal to the Regional Body at such time.
18         b. The Regional Body, having considered the notice, the
19     Originating Party's Technical Review, any other
20     independent Technical Review that is made, any comments or
21     objections including the analysis of comments made by the
22     public, First Nations and federally recognized Tribes, and
23     any other information that is provided under this Compact
24     shall issue a Declaration of Finding that the Proposal
25     under consideration:
26             i. Meets the Standard of Review and Decision;

 

 

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1             ii. Does not meet the Standard of Review and
2         Decision; or,
3             iii. Would meet the Standard of Review and Decision
4         if certain conditions were met.
5          c. An Originating Party may decline to participate in
6     a Declaration of Finding made by the Regional Body.
7         d. The Parties recognize and affirm that it is
8     preferable for all members of the Regional Body to agree
9     whether the Proposal meets the Standard of Review and
10     Decision.
11         e. If the members of the Regional Body who participate
12     in the Declaration of Finding all agree, they shall issue a
13     written Declaration of Finding with consensus.
14         f. In the event that the members cannot agree, the
15     Regional Body shall make every reasonable effort to achieve
16     consensus within 25 days.
17         g. Should consensus not be achieved, the Regional Body
18     may issue a Declaration of Finding that presents different
19     points of view and indicates each Party's conclusions.
20         h. The Regional Body shall release the Declarations of
21     Finding to the public.
22         i. The Originating Party and the Council shall consider
23     the Declaration of Finding before making a decision on the
24     Proposal.
 
25     Section 4.6. Proposals Subject to Prior Notice.

 

 

09500HB0375ham001 - 31 - LRB095 05252 HLH 32639 a

1     1. Beginning no later than five years of the effective date
2 of this Compact, the Originating Party shall provide all
3 Parties and the Provinces with detailed and timely notice and
4 an opportunity to comment within 90 days on any Proposal for a
5 New or Increased Consumptive Use of 5 million gallons per day
6 or greater average in any 90- day period. Comments shall
7 address whether or not the Proposal is consistent with the
8 Standard of Review and Decision. The Originating Party shall
9 provide a response to any such comment received from another
10 Party.
11     2. A Party may provide notice, an opportunity to comment
12 and a response to comments even if this is not required under
13 paragraph 1 of this Section. Any provision of such notice and
14 opportunity to comment shall be undertaken only after
15 consulting the Applicant.
 
16     Section 4.7. Council Actions.
17     1. Proposals for Exceptions subject to Council Review shall
18 be submitted by the Originating Party to the Council for
19 Council Review, and where applicable, to the Regional Body for
20 concurrent review.
21     2. The Council shall review and take action on Proposals in
22 accordance with this Compact and the Standard of Review and
23 Decision. The Council shall not take action on a Proposal
24 subject to Regional Review pursuant to this Compact unless the
25 Proposal shall have been first submitted to and reviewed by the

 

 

09500HB0375ham001 - 32 - LRB095 05252 HLH 32639 a

1 Regional Body. The Council shall consider any findings
2 resulting from such review.
 
3     Section 4.8. Prohibition of New or Increased Diversions.
4     All New or Increased Diversions are prohibited, except as
5 provided for in this Article.
 
6     Section 4.9. Exceptions to the Prohibition of Diversions.
7     1. Straddling Communities. A Proposal to transfer Water to
8 an area within a Straddling Community but outside the Basin or
9 outside the source Great Lake Watershed shall be excepted from
10 the prohibition against Diversions and be managed and regulated
11 by the Originating Party provided that, regardless of the
12 volume of Water transferred, all the Water so transferred shall
13 be used solely for Public Water Supply Purposes within the
14 Straddling Community, and:
15         a. All Water Withdrawn from the Basin shall be
16     returned, either naturally or after use, to the Source
17     Watershed less an allowance for Consumptive Use. No surface
18     water or groundwater from outside the Basin may be used to
19     satisfy any portion of this criterion except if it:
20             i. Is part of a water supply or wastewater
21         treatment system that combines water from inside and
22         outside of the Basin;
23             ii. Is treated to meet applicable water quality
24         discharge standards and to prevent the introduction of

 

 

09500HB0375ham001 - 33 - LRB095 05252 HLH 32639 a

1         invasive species into the Basin;
2             iii. Maximizes the portion of water returned to the
3         Source Watershed as Basin Water and minimizes the
4         surface water or groundwater from outside the Basin;
5         b. If the Proposal results from a New or Increased
6     Withdrawal of 100,000 gallons per day or greater average
7     over any 90-day period, the Proposal shall also meet the
8     Exception Standard; and,
9         c. If the Proposal results in a New or Increased
10     Consumptive Use of 5 million gallons per day or greater
11     average over any 90-day period, the Proposal shall also
12     undergo Regional Review.
13     2. Intra-Basin Transfer. A Proposal for an Intra-Basin
14 Transfer that would be considered a Diversion under this
15 Compact, and not already excepted pursuant to paragraph 1 of
16 this Section, shall be excepted from the prohibition against
17 Diversions, provided that:
18         a. If the Proposal results from a New or Increased
19     Withdrawal less than 100,000 gallons per day average over
20     any 90-day period, the Proposal shall be subject to
21     management and regulation at the discretion of the
22     Originating Party.
23         b. If the Proposal results from a New or Increased
24     Withdrawal 100,000 gallons per day or greater average over
25     any 90-day period and if the Consumptive Use resulting from
26     the Withdrawal is less than 5 million gallons per day

 

 

09500HB0375ham001 - 34 - LRB095 05252 HLH 32639 a

1     average over any 90-day period:
2             i. The Proposal shall meet the Exception Standard
3         and be subject to management and regulation by the
4         Originating Party, except that the Water may be
5         returned to another Great Lake watershed rather than
6         the Source Watershed;
7             ii. The Applicant shall demonstrate that there is
8         no feasible, cost effective, and environmentally sound
9         water supply alternative within the Great Lake
10         watershed to which the Water will be transferred,
11         including conservation of existing water supplies;
12         and,
13             iii. The Originating Party shall provide notice to
14         the other Parties prior to making any decision with
15         respect to the Proposal.
16         c. If the Proposal results in a New or Increased
17     Consumptive Use of 5 million gallons per day or greater
18     average over any 90-day period:
19             i. The Proposal shall be subject to management and
20         regulation by the Originating Party and shall meet the
21         Exception Standard, ensuring that Water Withdrawn
22         shall be returned to the Source Watershed;
23             ii. The Applicant shall demonstrate that there is
24         no feasible, cost effective, and environmentally sound
25         water supply alternative within the Great Lake
26         watershed to which the Water will be transferred,

 

 

09500HB0375ham001 - 35 - LRB095 05252 HLH 32639 a

1         including conservation of existing water supplies;
2             iii. The Proposal undergoes Regional Review; and,
3             iv. The Proposal is approved by the Council.
4         Council approval shall be given unless one or more
5         Council Members vote to disapprove.
6     3. Straddling Counties. A Proposal to transfer Water to a
7 Community within a Straddling County that would be considered a
8 Diversion under this Compact shall be excepted from the
9 prohibition against Diversions, provided that it satisfies all
10 of the following conditions:
11         a. The Water shall be used solely for the Public Water
12     Supply Purposes of the Community within a Straddling County
13     that is without adequate supplies of potable water;
14         b. The Proposal meets the Exception Standard,
15     maximizing the portion of water returned to the Source
16     Watershed as Basin Water and minimizing the surface water
17     or groundwater from outside the Basin;
18         c. The Proposal shall be subject to management and
19     regulation by the Originating Party, regardless of its
20     size;
21         d. There is no reasonable water supply alternative
22     within the basin in which the community is located,
23     including conservation of existing water supplies;
24         e. Caution shall be used in determining whether or not
25     the Proposal meets the conditions for this Exception. This
26     Exception should not be authorized unless it can be shown

 

 

09500HB0375ham001 - 36 - LRB095 05252 HLH 32639 a

1     that it will not endanger the integrity of the Basin
2     Ecosystem;
3         f. The Proposal undergoes Regional Review; and,
4         g. The Proposal is approved by the Council. Council
5     approval shall be given unless one or more Council Members
6     vote to disapprove.
7     A Proposal must satisfy all of the conditions listed above.
8 Further, substantive consideration will also be given to
9 whether or not the Proposal can provide sufficient
10 scientifically based evidence that the existing water supply is
11 derived from groundwater that is hydrologically interconnected
12 to Waters of the Basin.
13     4. Exception Standard. Proposals subject to management and
14 regulation in this Section shall be declared to meet this
15 Exception Standard and may be approved as appropriate only when
16 the following criteria are met:
17         a. The need for all or part of the proposed Exception
18     cannot be reasonably avoided through the efficient use and
19     conservation of existing water supplies;
20         b. The Exception will be limited to quantities that are
21     considered reasonable for the purposes for which it is
22     proposed;
23         c. All Water Withdrawn shall be returned, either
24     naturally or after use, to the Source Watershed less an
25     allowance for Consumptive Use. No surface water or
26     groundwater from the outside the Basin may be used to

 

 

09500HB0375ham001 - 37 - LRB095 05252 HLH 32639 a

1     satisfy any portion of this criterion except if it:
2             i. Is part of a water supply or wastewater
3         treatment system that combines water from inside and
4         outside of the Basin;
5             ii. Is treated to meet applicable water quality
6         discharge standards and to prevent the introduction of
7         invasive species into the Basin;
8         d. The Exception will be implemented so as to ensure
9     that it will result in no significant individual or
10     cumulative adverse impacts to the quantity or quality of
11     the Waters and Water Dependent Natural Resources of the
12     Basin with consideration given to the potential Cumulative
13     Impacts of any precedent-setting consequences associated
14     with the Proposal;
15         e. The Exception will be implemented so as to
16     incorporate Environmentally Sound and Economically
17     Feasible Water Conservation Measures to minimize Water
18     Withdrawals or Consumptive Use;
19         f. The Exception will be implemented so as to ensure
20     that it is in compliance with all applicable municipal,
21     State and federal laws as well as regional interstate and
22     international agreements, including the Boundary Waters
23     Treaty of 1909; and,
24         g. All other applicable criteria in Section 4.9 have
25     also been met.
 

 

 

09500HB0375ham001 - 38 - LRB095 05252 HLH 32639 a

1     Section 4.10. Management and Regulation of New or Increased
2 Withdrawals and Consumptive Uses.
3     1. Within five years of the effective date of this Compact,
4 each Party shall create a program for the management and
5 regulation of New or Increased Withdrawals and Consumptive Uses
6 by adopting and implementing Measures consistent with the
7 Decision-Making Standard. Each Party, through a considered
8 process, shall set and may modify threshold levels for the
9 regulation of New or Increased Withdrawals in order to assure
10 an effective and efficient Water management program that will
11 ensure that uses overall are reasonable, that Withdrawals
12 overall will not result in significant impacts to the Waters
13 and Water Dependent Natural Resources of the Basin, determined
14 on the basis of significant impacts to the physical, chemical,
15 and biological integrity of Source Watersheds, and that all
16 other objectives of the Compact are achieved. Each Party may
17 determine the scope and thresholds of its program, including
18 which New or Increased Withdrawals and Consumptive Uses will be
19 subject to the program.
20     2. Any Party that fails to set threshold levels that comply
21 with Section 4.10.1 any time before 10 years after the
22 effective date of this Compact shall apply a threshold level
23 for management and regulation of all New or Increased
24 Withdrawals of 100,000 gallons per day or greater average in
25 any 90 day period.
26     3. The Parties intend programs for New or Increased

 

 

09500HB0375ham001 - 39 - LRB095 05252 HLH 32639 a

1 Withdrawals and Consumptive Uses to evolve as may be necessary
2 to protect Basin Waters. Pursuant to Section 3.4, the Council,
3 in cooperation with the Provinces, shall periodically assess
4 the Water management programs of the Parties. Such assessments
5 may produce recommendations for the strengthening of the
6 programs, including without limitation, establishing lower
7 thresholds for management and regulation in accordance with the
8 Decision-Making Standard.
 
9     Section 4.11. Decision-Making Standard. Proposals subject
10 to management and regulation in Section 4.10 shall be declared
11 to meet this Decision-Making Standard and may be approved as
12 appropriate only when the following criteria are met:
13     1. All Water Withdrawn shall be returned, either naturally
14 or after use, to the Source Watershed less an allowance for
15 Consumptive Use;
16     2. The Withdrawal or Consumptive Use will be implemented so
17 as to ensure that the Proposal will result in no significant
18 individual or cumulative adverse impacts to the quantity or
19 quality of the Waters and Water Dependent Natural Resources and
20 the applicable Source Watershed;
21     3. The Withdrawal or Consumptive Use will be implemented so
22 as to incorporate Environmentally Sound and Economically
23 Feasible Water Conservation Measures;
24     4. The Withdrawal or Consumptive Use will be implemented so
25 as to ensure that it is in compliance with all applicable

 

 

09500HB0375ham001 - 40 - LRB095 05252 HLH 32639 a

1 municipal, State and federal laws as well as regional
2 interstate and international agreements, including the
3 Boundary Waters Treaty of 1909;
4     5. The proposed use is reasonable, based upon a
5 consideration of the following factors:
6         a. Whether the proposed Withdrawal or Consumptive Use
7     is planned in a fashion that provides for efficient use of
8     the water, and will avoid or minimize the waste of Water;
9         b. If the Proposal is for an increased Withdrawal or
10     Consumptive use, whether efficient use is made of existing
11     water supplies;
12         c. The balance between economic development, social
13     development and environmental protection of the proposed
14     Withdrawal and use and other existing or planned
15     withdrawals and water uses sharing the water source;
16         d. The supply potential of the water source,
17     considering quantity, quality, and reliability and safe
18     yield of hydrologically interconnected water sources;
19         e. The probable degree and duration of any adverse
20     impacts caused or expected to be caused by the proposed
21     Withdrawal and use under foreseeable conditions, to other
22     lawful consumptive or non-consumptive uses of water or to
23     the quantity or quality of the Waters and Water Dependent
24     Natural Resources of the Basin, and the proposed plans and
25     arrangements for avoidance or mitigation of such impacts;
26     and,

 

 

09500HB0375ham001 - 41 - LRB095 05252 HLH 32639 a

1         f. If a Proposal includes restoration of hydrologic
2     conditions and functions of the Source Watershed, the Party
3     may consider that.
 
4     Section 4.12. Applicability.
5     1. Minimum Standard. This Standard of Review and Decision
6 shall be used as a minimum standard. Parties may impose a more
7 restrictive decision-making standard for Withdrawals under
8 their authority. It is also acknowledged that although a
9 Proposal meets the Standard of Review and Decision it may not
10 be approved under the laws of the Originating Party that has
11 implemented more restrictive Measures.
12     2. Baseline.
13         a. To establish a baseline for determining a New or
14     Increased Diversion, Consumptive Use or Withdrawal, each
15     Party shall develop either or both of the following lists
16     for their jurisdiction:
17             i. A list of existing Withdrawal approvals as of
18         the effective date of the Compact;
19             ii. A list of the capacity of existing systems as
20         of the effective date of this Compact. The capacity of
21         the existing systems should be presented in terms of
22         Withdrawal capacity, treatment capacity, distribution
23         capacity, or other capacity limiting factors. The
24         capacity of the existing systems must represent the
25         state of the systems. Existing capacity determinations

 

 

09500HB0375ham001 - 42 - LRB095 05252 HLH 32639 a

1         shall be based upon approval limits or the most
2         restrictive capacity information.
3         b. For all purposes of this Compact, volumes of
4     Diversions, Consumptive Uses, or Withdrawals of Water set
5     forth in the list(s) prepared by each Party in accordance
6     with this Section, shall constitute the baseline volume.
7         c. The list(s) shall be furnished to the Regional Body
8     and the Council within one year of the effective date of
9     this Compact.
10     3. Timing of Additional Applications. Applications for New
11 or Increased Withdrawals, Consumptive Uses or Exceptions shall
12 be considered cumulatively within ten years of any application.
13     4. Change of Ownership. Unless a new owner proposes a
14 project that shall result in a Proposal for a New or Increased
15 Diversion or Consumptive Use subject to Regional Review or
16 Council approval, the change of ownership in and of itself
17 shall not require Regional Review or Council approval.
18     5. Groundwater. The Basin surface water divide shall be
19 used for the purpose of managing and regulating New or
20 Increased Diversions, Consumptive Uses or Withdrawals of
21 surface water and groundwater.
22     6. Withdrawal Systems. The total volume of surface water
23 and groundwater resources that supply a common distribution
24 system shall determine the volume of a Withdrawal, Consumptive
25 Use or Diversion.
26     7. Connecting Channels. The watershed of each Great Lake

 

 

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1 shall include its upstream and downstream connecting channels.
2     8. Transmission in Water Lines. Transmission of Water
3 within a line that extends outside the Basin as it conveys
4 Water from one point to another within the Basin shall not be
5 considered a Diversion if none of the Water is used outside the
6 Basin.
7     9. Hydrologic Units. The Lake Michigan and Lake Huron
8 watersheds shall be considered to be a single hydrologic unit
9 and watershed.
10     10. Bulk Water Transfer. A Proposal to Withdraw Water and
11 to remove it from the Basin in any container greater than 5.7
12 gallons shall be treated under this Compact in the same manner
13 as a Proposal for a Diversion. Each Party shall have the
14 discretion, within its jurisdiction, to determine the
15 treatment of Proposals to Withdraw Water and to remove it from
16 the Basin in any container of 5.7 gallons or less.
 
17 Section 4.13. Exemptions. Withdrawals from the Basin for the
18 following purposes are exempt from the requirements of Article
19 4.
20     1. To supply vehicles, including vessels and aircraft,
21 whether for the needs of the persons or animals being
22 transported or for ballast or other needs related to the
23 operation of the vehicles.
24     2. To use in a non-commercial project on a short-term basis
25 for firefighting, humanitarian, or emergency response

 

 

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1 purposes.
 
2     Section 4.14. U.S. Supreme Court Decree: Wisconsin et al.
3 v. Illinois et al.
4     1. Notwithstanding any terms of this Compact to the
5 contrary, with the exception of Paragraph 5 of this Section,
6 current, New or Increased Withdrawals, Consumptive Uses and
7 Diversions of Basin Water by the State of Illinois shall be
8 governed by the terms of the United States Supreme Court decree
9 in Wisconsin et al. v. Illinois et al. and shall not be subject
10 to the terms of this Compact nor any rules or regulations
11 promulgated pursuant to this Compact. This means that, with the
12 exception of Paragraph 5 of this Section, for purposes of this
13 Compact, current, New or Increased Withdrawals, Consumptive
14 Uses and Diversions of Basin Water within the State of Illinois
15 shall be allowed unless prohibited by the terms of the United
16 States Supreme Court decree in Wisconsin et al. v. Illinois et
17 al.
18     2. The Parties acknowledge that the United States Supreme
19 Court decree in Wisconsin et al. v. Illinois et al. shall
20 continue in full force and effect, that this Compact shall not
21 modify any terms thereof, and that this Compact shall grant the
22 parties no additional rights, obligations, remedies or
23 defenses thereto. The Parties specifically acknowledge that
24 this Compact shall not prohibit or limit the State of Illinois
25 in any manner from seeking additional Basin Water as allowed

 

 

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1 under the terms of the United States Supreme Court decree in
2 Wisconsin et al. v. Illinois et al., any other party from
3 objecting to any request by the State of Illinois for
4 additional Basin Water under the terms of said decree, or any
5 party from seeking any other type of modification to said
6 decree. If an application is made by any party to the Supreme
7 Court of the United States to modify said decree, the Parties
8 to this Compact who are also parties to the decree shall seek
9 formal input from the Canadian Provinces of Ontario and Québec,
10 with respect to the proposed modification, use best efforts to
11 facilitate the appropriate participation of said Provinces in
12 the proceedings to modify the decree, and shall not
13 unreasonably impede or restrict such participation.
14     3. With the exception of Paragraph 5 of this Section,
15 because current, New or Increased Withdrawals, Consumptive
16 Uses and Diversions of Basin Water by the State of Illinois are
17 not subject to the terms of this Compact, the State of Illinois
18 is prohibited from using any term of this Compact, including
19 Section 4.9, to seek New or Increased Withdrawals, Consumptive
20 Uses or Diversions of Basin Water.
21     4. With the exception of Paragraph 5 of this Section,
22 because Sections 4.3, 4.4, 4.5, 4.6, 4.7, 4.8, 4.9, 4.10, 4.11,
23 4.12 (Paragraphs 1, 2, 3, 4, 6 and 10 only), and 4.13 of this
24 Compact all relate to current, New or Increased Withdrawals,
25 Consumptive Uses and Diversions of Basin Waters, said
26 provisions do not apply to the State of Illinois. All other

 

 

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1 provisions of this Compact not listed in the preceding sentence
2 shall apply to the State of Illinois, including the Water
3 Conservation Programs provision of Section 4.2.
4     5. In the event of a Proposal for a Diversion of Basin
5 Water for use outside the territorial boundaries of the Parties
6 to this Compact, decisions by the State of Illinois regarding
7 such a Proposal would be subject to all terms of this Compact,
8 except Paragraphs 1, 3 and 4 of this Section.
9     6. For purposes of the State of Illinois' participation in
10 this Compact, the entirety of this Section 4.14 is necessary
11 for the continued implementation of this Compact and, if
12 severed, this Compact shall no longer be binding on or
13 enforceable by or against the State of Illinois.
 
14     Section 4.15. Assessment of Cumulative Impacts.
15     1. The Parties in cooperation with the Provinces shall
16 collectively conduct within the Basin, on a Lake watershed and
17 St. Lawrence River Basin basis, a periodic assessment of the
18 Cumulative Impacts of Withdrawals, Diversions and Consumptive
19 Uses from the Waters of the Basin, every 5 years or each time
20 the incremental Basin Water losses reach 50 million gallons per
21 day average in any 90-day period in excess of the quantity at
22 the time of the most recent assessment, whichever comes first,
23 or at the request of one or more of the Parties. The assessment
24 shall form the basis for a review of the Standard of Review and
25 Decision, Council and Party regulations and their application.

 

 

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1 This assessment shall:
2         a. Utilize the most current and appropriate guidelines
3     for such a review, which may include but not be limited to
4     Council on Environmental Quality and Environment Canada
5     guidelines;
6         b. Give substantive consideration to climate change or
7     other significant threats to Basin Waters and take into
8     account the current state of scientific knowledge, or
9     uncertainty, and appropriate Measures to exercise caution
10     in cases of uncertainty if serious damage may result;
11         c. Consider adaptive management principles and
12     approaches, recognizing, considering and providing
13     adjustments for the uncertainties in, and evolution of
14     science concerning the Basin's water resources, watersheds
15     and ecosystems, including potential changes to Basin-wide
16     processes, such as lake level cycles and climate.
17     2. The Parties have the responsibility of conducting this
18 Cumulative Impact assessment. Applicants are not required to
19 participate in this assessment.
20     3. Unless required by other statutes, Applicants are not
21 required to conduct a separate cumulative impact assessment in
22 connection with an Application but shall submit information
23 about the potential impacts of a Proposal to the quantity or
24 quality of the Waters and Water Dependent Natural Resources of
25 the applicable Source Watershed. An Applicant may, however,
26 provide an analysis of how their Proposal meets the no

 

 

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1 significant adverse Cumulative Impact provision of the
2 Standard of Review and Decision.
 
3
ARTICLE 5
4
TRIBAL CONSULTATION

 
5     Section 5.1. Consultation with Tribes.
6     1. In addition to all other opportunities to comment
7 pursuant to Section 6.2, appropriate consultations shall occur
8 with federally recognized Tribes in the Originating Party for
9 all Proposals subject to Council or Regional Review pursuant to
10 this Compact. Such consultations shall be organized in the
11 manner suitable to the individual Proposal and the laws and
12 policies of the Originating Party.
13     2. All federally recognized Tribes within the Basin shall
14 receive reasonable notice indicating that they have an
15 opportunity to comment in writing to the Council or the
16 Regional Body, or both, and other relevant organizations on
17 whether the Proposal meets the requirements of the Standard of
18 Review and Decision when a Proposal is subject to Regional
19 Review or Council approval. Any notice from the Council shall
20 inform the Tribes of any meeting or hearing that is to be held
21 under Section 6.2 and invite them to attend. The Parties and
22 the Council shall consider the comments received under this
23 Section before approving, approving with modifications or
24 disapproving any Proposal subject to Council or Regional

 

 

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1 Review.
2     3. In addition to the specific consultation mechanisms
3 described above, the Council shall seek to establish mutually
4 agreed upon mechanisms or processes to facilitate dialogue
5 with, and input from federally recognized Tribes on matters to
6 be dealt with by the Council; and, the Council shall seek to
7 establish mechanisms and processes with federally recognized
8 Tribes designed to facilitate on-going scientific and
9 technical interaction and data exchange regarding matters
10 falling within the scope of this Compact. This may include
11 participation of tribal representatives on advisory committees
12 established under this Compact or such other processes that are
13 mutually-agreed upon with federally recognized Tribes
14 individually or through duly-authorized intertribal agencies
15 or bodies.
 
16
ARTICLE 6
17
PUBLIC PARTICIPATION

 
18     Section 6.1. Meetings, Public Hearings and Records.
19     1. The Parties recognize the importance and necessity of
20 public participation in promoting management of the Water
21 Resources of the Basin. Consequently, all meetings of the
22 Council shall be open to the public, except with respect to
23 issues of personnel.
24     2. The minutes of the Council shall be a public record open

 

 

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1 to inspection at its offices during regular business hours.
 
2     Section 6.2. Public Participation.
3     It is the intent of the Council to conduct public
4 participation processes concurrently and jointly with
5 processes undertaken by the Parties and through Regional
6 Review. To ensure adequate public participation, each Party or
7 the Council shall ensure procedures for the review of Proposals
8 subject to the Standard of Review and Decision consistent with
9 the following requirements:
10     1. Provide public notification of receipt of all
11 Applications and a reasonable opportunity for the public to
12 submit comments before Applications are acted upon.
13     2. Assure public accessibility to all documents relevant to
14 an Application, including public comment received.
15     3. Provide guidance on standards for determining whether to
16 conduct a public meeting or hearing for an Application, time
17 and place of such a meeting(s) or hearing(s), and procedures
18 for conducting of the same.
19     4. Provide the record of decision for public inspection
20 including comments, objections, responses and approvals,
21 approvals with conditions and disapprovals.
 
22
ARTICLE 7
23
DISPUTE RESOLUTION AND ENFORCEMENT

 

 

 

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1     Section 7.1. Good Faith Implementation.
2     Each of the Parties pledges to support implementation of
3 all provisions of this Compact, and covenants that its officers
4 and agencies shall not hinder, impair, or prevent any other
5 Party carrying out any provision of this Compact.
 
6     Section 7.2. Alternative Dispute Resolution.
7     1. Desiring that this Compact be carried out in full, the
8 Parties agree that disputes between the Parties regarding
9 interpretation, application and implementation of this Compact
10 shall be settled by alternative dispute resolution.
11     2. The Council, in consultation with the Provinces, shall
12 provide by rule procedures for the resolution of disputes
13 pursuant to this section.
 
14     Section 7.3. Enforcement.
15     1. Any Person aggrieved by any action taken by the Council
16 pursuant to the authorities contained in this Compact shall be
17 entitled to a hearing before the Council. Any Person aggrieved
18 by a Party action shall be entitled to a hearing pursuant to
19 the relevant Party's administrative procedures and laws. After
20 exhaustion of such administrative remedies, (i) any aggrieved
21 Person shall have the right to judicial review of a Council
22 action in the United States District Courts for the District of
23 Columbia or the District Court in which the Council maintains
24 offices, provided such action is commenced within 90 days; and,

 

 

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1 (ii) any aggrieved Person shall have the right to judicial
2 review of a Party's action in the relevant Party's court of
3 competent jurisdiction, provided that an action or proceeding
4 for such review is commenced within the time frames provided
5 for by the Party's law. For the purposes of this paragraph, a
6 State or Province is deemed to be an aggrieved Person with
7 respect to any Party action pursuant to this Compact.
8         2. a. Any Party or the Council may initiate actions to
9     compel compliance with the provisions of this Compact, and
10     the rules and regulations promulgated hereunder by the
11     Council. Jurisdiction over such actions is granted to the
12     court of the relevant Party, as well as the United States
13     District Courts for the District of Columbia and the
14     District Court in which the Council maintains offices. The
15     remedies available to any such court shall include, but not
16     be limited to, equitable relief and civil penalties.
17         b. Each Party may issue orders within its respective
18     jurisdiction and may initiate actions to compel compliance
19     with the provisions of its respective statutes and
20     regulations adopted to implement the authorities
21     contemplated by this Compact in accordance with the
22     provisions of the laws adopted in each Party's
23     jurisdiction.
24     3. Any aggrieved Person, Party or the Council may commence
25 a civil action in the relevant Party's courts and
26 administrative systems to compel any Person to comply with this

 

 

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1 Compact should any such Person, without approval having been
2 given, undertake a New or Increased Withdrawal, Consumptive Use
3 or Diversion that is prohibited or subject to approval pursuant
4 to this Compact.
5         a. No action under this subsection may be commenced if:
6             i. The Originating Party or Council approval for
7         the New or Increased Withdrawal, Consumptive Use or
8         Diversion has been granted; or,
9             ii. The Originating Party or Council has found that
10         the New or Increased Withdrawal, Consumptive Use or
11         Diversion is not subject to approval pursuant to this
12         Compact.
13         b. No action under this subsection may be commenced
14     unless:
15             i. A Person commencing such action has first given
16         60 days prior notice to the Originating Party, the
17         Council and Person alleged to be in noncompliance; and,
18             ii. Neither the Originating Party nor the Council
19         has commenced and is diligently prosecuting
20         appropriate enforcement actions to compel compliance
21         with this Compact. The available remedies shall
22         include equitable relief, and the prevailing or
23         substantially prevailing party may recover the costs
24         of litigation, including reasonable attorney and
25         expert witness fees, whenever the court determines
26         that such an award is appropriate.

 

 

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1     4. Each of the Parties may adopt provisions providing
2 additional enforcement mechanisms and remedies including
3 equitable relief and civil penalties applicable within its
4 jurisdiction to assist in the implementation of this Compact.
 
5
ARTICLE 8
6
ADDITIONAL PROVISIONS

 
7     Section 8.1. Effect on Existing Rights.
8     1. Nothing in this Compact shall be construed to affect,
9 limit, diminish or impair any rights validly established and
10 existing as of the effective date of this Compact under State
11 or federal law governing the Withdrawal of Waters of the Basin.
12     2. Nothing contained in this Compact shall be construed as
13 affecting or intending to affect or in any way to interfere
14 with the law of the respective Parties relating to common law
15 Water rights.
16     3. Nothing in this Compact is intended to abrogate or
17 derogate from treaty rights or rights held by any Tribe
18 recognized by the federal government of the United States based
19 upon its status as a Tribe recognized by the federal government
20 of the United States.
21     4. An approval by a Party or the Council under this Compact
22 does not give any property rights, nor any exclusive
23 privileges, nor shall it be construed to grant or confer any
24 right, title, easement, or interest in, to or over any land

 

 

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1 belonging to or held in trust by a Party; neither does it
2 authorize any injury to private property or invasion of private
3 rights, nor infringement of federal, State or local laws or
4 regulations; nor does it obviate the necessity of obtaining
5 federal assent when necessary.
 
6     Section 8.2. Relationship to Agreements Concluded by the
7 United States of America.
8     1. Nothing in this Compact is intended to provide nor shall
9 be construed to provide, directly or indirectly, to any Person
10 any right, claim or remedy under any treaty or international
11 agreement nor is it intended to derogate any right, claim, or
12 remedy that already exists under any treaty or international
13 agreement.
14     2. Nothing in this Compact is intended to infringe nor
15 shall be construed to infringe upon the treaty power of the
16 United States of America, nor shall any term hereof be
17 construed to alter or amend any treaty or term thereof that has
18 been or may hereafter be executed by the United States of
19 America.
20     3. Nothing in this Compact is intended to affect nor shall
21 be construed to affect the application of the Boundary Waters
22 Treaty of 1909 whose requirements continue to apply in addition
23 to the requirements of this Compact.
 
24     Section 8.3. Confidentiality.

 

 

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1     1. Nothing in this Compact requires a Party to breach
2 confidentiality obligations or requirements prohibiting
3 disclosure, or to compromise security of commercially
4 sensitive or proprietary information.
5     2. A Party may take measures, including but not limited to
6 deletion and redaction, deemed necessary to protect any
7 confidential, proprietary or commercially sensitive
8 information when distributing information to other Parties.
9 The Party shall summarize or paraphrase any such information in
10 a manner sufficient for the Council to exercise its authorities
11 contained in this Compact.
 
12     Section 8.4. Additional Laws.
13     Nothing in this Compact shall be construed to repeal,
14 modify or qualify the authority of any Party to enact any
15 legislation or enforce any additional conditions and
16 restrictions regarding the management and regulation of Waters
17 within its jurisdiction.
 
18     Section 8.5. Amendments and Supplements.
19     The provisions of this Compact shall remain in full force
20 and effect until amended by action of the governing bodies of
21 the Parties and consented to and approved by any other
22 necessary authority in the same manner as this Compact is
23 required to be ratified to become effective.
 

 

 

09500HB0375ham001 - 57 - LRB095 05252 HLH 32639 a

1     Section 8.6. Severability.
2     Should a court of competent jurisdiction hold any part of
3 this Compact to be void or unenforceable, it shall be
4 considered severable from those portions of the Compact capable
5 of continued implementation in the absence of the voided
6 provisions. All other provisions capable of continued
7 implementation shall continue in full force and effect.
 
8     Section 8.7. Duration of Compact and Termination.
9     Once effective, the Compact shall continue in force and
10 remain binding upon each and every Party unless terminated.
11 This Compact may be terminated at any time by a majority vote
12 of the Parties. In the event of such termination, all rights
13 established under it shall continue unimpaired.
 
14
ARTICLE 9
15
EFFECTUATION

 
16     Section 9.1. Repealer.
17     All acts and parts of acts inconsistent with this act are
18 to the extent of such inconsistency hereby repealed.
 
19     Section 9.2. Effectuation by Chief Executive.
20     The Governor is authorized to take such action as may be
21 necessary and proper in his or her discretion to effectuate the
22 Compact and the initial organization and operation thereunder.
 

 

 

09500HB0375ham001 - 58 - LRB095 05252 HLH 32639 a

1     Section 9.3. Entire Agreement.
2     The Parties consider this Compact to be complete and an
3 integral whole. Each provision of this Compact is considered
4 material to the entire Compact, and failure to implement or
5 adhere to any provision may be considered a material breach.
6 Unless otherwise noted in this Compact, any change or amendment
7 made to the Compact by any Party in its implementing
8 legislation or by the U.S. Congress when giving its consent to
9 this Compact is not considered effective unless concurred in by
10 all Parties.
 
11     Section 9.4. Effective Date and Execution.
12     This Compact shall become binding and effective when
13 ratified through concurring legislation by the states of
14 Illinois, Indiana, Michigan, Minnesota, New York, Ohio and
15 Wisconsin and the Commonwealth of Pennsylvania and consented to
16 by the Congress of the United States. This Compact shall be
17 signed and sealed in nine identical original copies by the
18 respective chief executives of the signatory Parties. One such
19 copy shall be filed with the Secretary of State of each of the
20 signatory Parties or in accordance with the laws of the state
21 in which the filing is made, and one copy shall be filed and
22 retained in the archives of the Council upon its organization.
23 The signatures shall be affixed and attested under the
24 following form:

 

 

09500HB0375ham001 - 59 - LRB095 05252 HLH 32639 a

1         In Witness Whereof, and in evidence of the adoption and
2     enactment into law of this Compact by the legislatures of
3     the signatory parties and consent by the Congress of the
4     United States, the respective Governors do hereby, in
5     accordance with the authority conferred by law, sign this
6     Compact in nine duplicate original copies, attested by the
7     respective Secretaries of State, and have caused the seals
8     of the respective states to be hereunto affixed this____
9     day of (month), (year).
 
10     Section 90. Appointments. All appointments by the Governor
11 of Illinois under the compact are subject to the advice and
12 consent of the Illinois Senate.
 
13     Section 99. Effective date. This Act takes effect upon
14 becoming law.".