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Public Act 095-0238 |
HB0375 Enrolled |
LRB095 05252 BDD 25329 b |
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the Great |
Lakes-St. Lawrence River Basin Water Resources Compact Act. |
Section 5. Great Lakes-St. Lawrence River Basin Water |
Resources Compact. The Governor of this State is authorized to |
take such action as may be necessary and proper in his or her |
discretion to effectuate the following Compact and the initial |
organization and operation thereunder: |
AGREEMENT |
Section 1. The states of Illinois, Indiana, Michigan, |
Minnesota, New York, Ohio
and Wisconsin and the Commonwealth of |
Pennsylvania hereby solemnly covenant and
agree with each |
other, upon enactment of concurrent legislation by the |
respective state
legislatures and consent by the Congress of |
the United States as follows:
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GREAT LAKES-ST. LAWRENCE RIVER BASIN WATER RESOURCES |
COMPACT |
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ARTICLE 1 |
SHORT TITLE, DEFINITIONS, PURPOSES AND DURATION |
Section 1.1. Short Title. This Act shall be known and may |
be cited as the "Great
Lakes-St. Lawrence River Basin Water |
Resources Compact." |
Section 1.2. Definitions. For the purposes of this Compact, |
and of any supplemental or
concurring legislation enacted |
pursuant thereto, except as may be otherwise required by
the |
context: |
Adaptive Management means a Water resources management |
system that provides a
systematic process for evaluation, |
monitoring and learning from the outcomes of
operational |
programs and adjustment of policies, plans and programs based |
on experience
and the evolution of scientific knowledge |
concerning Water resources and Water
Dependent Natural |
Resources. |
Agreement means the Great Lakes-St. Lawrence River Basin |
Sustainable Water
Resources Agreement. |
Applicant means a Person who is required to submit a |
Proposal that is subject to
management and regulation under |
this Compact. Application has a corresponding
meaning. |
Basin or Great Lakes-St. Lawrence River Basin means the |
watershed of the Great
Lakes and the St. Lawrence River |
upstream from Trois-Rivières, Québec within the
jurisdiction |
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of the Parties. |
Basin Ecosystem or Great Lakes-St. Lawrence River Basin |
Ecosystem means the
interacting components of air, land, Water |
and living organisms, including humankind,
within the Basin. |
Community within a Straddling County means any |
incorporated city, town or the
equivalent thereof, that is |
located outside the Basin but wholly within a County that lies
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partly within the Basin and that is not a Straddling Community. |
Compact means this Compact. |
Consumptive Use means that portion of the Water Withdrawn |
or withheld from the
Basin that is lost or otherwise not |
returned to the Basin due to evaporation, incorporation
into |
Products, or other processes. |
Council means the Great Lakes-St. Lawrence River Basin |
Water Resources Council,
created by this Compact.
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Council Review means the collective review by the Council |
members as described in
Article 4 of this Compact.
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County means the largest territorial division for local |
government in a State. The County
boundaries shall be defined |
as those boundaries that exist as of December 13, 2005.
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Cumulative Impacts mean the impact on the Basin Ecosystem |
that results from
incremental effects of all aspects of a |
Withdrawal, Diversion or Consumptive Use in
addition to other |
past, present, and reasonably foreseeable future Withdrawals,
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Diversions and Consumptive Uses regardless of who undertakes |
the other Withdrawals,
Diversions and Consumptive Uses. |
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Cumulative Impacts can result from individually
minor but |
collectively significant Withdrawals, Diversions and |
Consumptive Uses taking
place over a period of time.
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Decision-Making Standard means the decision-making |
standard established by Section
4.11 for Proposals subject to |
management and regulation in Section 4.10.
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Diversion means a transfer of Water from the Basin into |
another watershed, or from the
watershed of one of the Great |
Lakes into that of another by any means of transfer,
including |
but not limited to a pipeline, canal, tunnel, aqueduct, |
channel, modification of
the direction of a water course, a |
tanker ship, tanker truck or rail tanker but does not
apply to |
Water that is used in the Basin or a Great Lake watershed to |
manufacture or
produce a Product that is then transferred out |
of the Basin or watershed. Divert has a
corresponding meaning.
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Environmentally Sound and Economically Feasible Water |
Conservation Measures
mean those measures, methods, |
technologies or practices for efficient water use and for
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reduction of water loss and waste or for reducing a Withdrawal, |
Consumptive Use or
Diversion that (i) are environmentally |
sound, (ii) reflect best practices applicable to the
water use |
sector, (iii) are technically feasible and available, (iv) are |
economically feasible
and cost effective based on an analysis |
that considers direct and avoided economic and
environmental |
costs and (v) consider the particular facilities and processes |
involved,
taking into account the environmental impact, age of |
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equipment and facilities involved,
the processes employed, |
energy impacts and other appropriate factors.
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Exception means a transfer of Water that is excepted under |
Section 4.9 from the
prohibition against Diversions in Section |
4.8.
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Exception Standard means the standard for Exceptions |
established in Section 4.9.4. |
Intra-Basin Transfer means the transfer of Water from the |
watershed of one of the
Great Lakes into the watershed of |
another Great Lake.
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Measures means any legislation, law, regulation, |
directive, requirement, guideline,
program, policy, |
administrative practice or other procedure.
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New or Increased Diversion means a new Diversion, an |
increase in an existing
Diversion, or the alteration of an |
existing Withdrawal so that it becomes a Diversion.
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New or Increased Withdrawal or Consumptive Use means a new |
Withdrawal or
Consumptive Use or an increase in an existing |
Withdrawal or Consumptive Use.
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Originating Party means the Party within whose |
jurisdiction an Application or
registration is made or |
required.
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Party means a State party to this Compact.
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Person means a human being or a legal person, including a |
government or a non-governmental
organization, including any |
scientific, professional, business, non-profit, or
public |
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interest organization or association that is neither |
affiliated with, nor under the
direction of a government.
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Product means something produced in the Basin by human or |
mechanical effort or
through agricultural processes and used in |
manufacturing, commercial or other processes
or intended for |
intermediate or end use consumers. (i) Water used as part of |
the
packaging of a Product shall be considered to be part of |
the Product. (ii) Other than
Water used as part of the |
packaging of a Product, Water that is used primarily to |
transport
materials in or out of the Basin is not a Product or |
part of a Product. (iii) Except as
provided in (i) above, Water |
which is transferred as part of a public or private supply is
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not a Product or part of a Product. (iv) Water in its natural |
state such as in lakes, rivers,
reservoirs, aquifers, or water |
basins is not a Product.
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Proposal means a Withdrawal, Diversion or Consumptive Use |
of Water that is subject to
this Compact.
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Province means Ontario or Québec.
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Public Water Supply Purposes means water distributed to the |
public through a
physically connected system of treatment, |
storage and distribution facilities serving a
group of largely |
residential customers that may also serve industrial, |
commercial, and
other institutional operators. Water Withdrawn |
directly from the Basin and not through
such a system shall not |
be considered to be used for Public Water Supply Purposes.
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Regional Body means the members of the Council and the |
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Premiers of Ontario and
Québec or their designee as established |
by the Agreement.
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Regional Review means the collective review by the Regional |
Body as described in
Article 4 of this Compact.
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Source Watershed means the watershed from which a |
Withdrawal originates. If Water
is Withdrawn directly from a |
Great Lake or from the St. Lawrence River, then the Source
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Watershed shall be considered to be the watershed of that Great |
Lake or the watershed of
the St. Lawrence River, respectively. |
If Water is Withdrawn from the watershed of a
stream that is a |
direct tributary to a Great Lake or a direct tributary to the |
St. Lawrence
River, then the Source Watershed shall be |
considered to be the watershed of that Great
Lake or the |
watershed of the St. Lawrence River, respectively, with a |
preference to the
direct tributary stream watershed from which |
it was Withdrawn.
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Standard of Review and Decision means the Exception |
Standard, Decision-Making
Standard and reviews as outlined in |
Article 4 of this Compact.
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State means one of the states of Illinois, Indiana, |
Michigan, Minnesota, New York, Ohio
or Wisconsin or the |
Commonwealth of Pennsylvania.
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Straddling Community means any incorporated city, town or |
the equivalent thereof,
wholly within any County that lies |
partly or completely within the Basin, whose
corporate boundary |
existing as of the effective date of this Compact, is partly |
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within the
Basin or partly within two Great Lakes watersheds.
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Technical Review means a detailed review conducted to |
determine whether or not a
Proposal that requires Regional |
Review under this Compact meets the Standard of
Review and |
Decision following procedures and guidelines as set out in this |
Compact.
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Water means ground or surface water contained within the |
Basin.
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Water Dependent Natural Resources means the interacting |
components of land, Water
and living organisms affected by the |
Waters of the Basin.
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Waters of the Basin or Basin Water means the Great Lakes |
and all streams, rivers,
lakes, connecting channels and other |
bodies of water, including tributary groundwater,
within the |
Basin.
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Withdrawal means the taking of water from surface water or |
groundwater. Withdraw
has a corresponding meaning.
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Section 1.3. Findings and Purposes.
The legislative bodies |
of the respective Parties hereby find and declare:
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1. Findings:
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a. The Waters of the Basin are precious public natural |
resources shared and held in
trust by the States;
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b. The Waters of the Basin are interconnected and part |
of a single hydrologic
system;
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c. The Waters of the Basin can concurrently serve |
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multiple uses. Such multiple uses
include municipal, |
public, industrial, commercial, agriculture, mining, |
navigation,
energy development and production, recreation, |
the subsistence, economic and
cultural activities of |
native peoples, Water quality maintenance, and the
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maintenance of fish and wildlife habitat and a balanced |
ecosystem. And, other
purposes are encouraged, recognizing |
that such uses are interdependent and must
be balanced;
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d. Future Diversions and Consumptive Uses of Basin |
Water resources have the
potential to significantly impact |
the environment, economy and welfare of the
Great Lakes-St. |
Lawrence River region;
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e. Continued sustainable, accessible and adequate |
Water supplies for the people and
economy of the Basin are |
of vital importance; and,
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f. The Parties have a shared duty to protect, conserve, |
restore, improve and manage
the renewable but finite Waters |
of the Basin for the use, benefit and enjoyment of
all |
their citizens, including generations yet to come. The most |
effective means of
protecting, conserving, restoring, |
improving and managing the Basin Waters is
through the |
joint pursuit of unified and cooperative principles, |
policies and
programs mutually agreed upon, enacted and |
adhered to by all Parties.
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2. Purposes:
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a. To act together to protect, conserve, restore, |
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improve and effectively manage the
Waters and Water |
Dependent Natural Resources of the Basin under appropriate
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arrangements for intergovernmental cooperation and |
consultation because current
lack of full scientific |
certainty should not be used as a reason for postponing
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measures to protect the Basin Ecosystem;
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b. To remove causes of present and future |
controversies;
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c. To provide for cooperative planning and action by |
the Parties with respect to such
Water resources;
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d. To facilitate consistent approaches to Water |
management across the Basin while
retaining State |
management authority over Water management decisions |
within
the Basin;
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e. To facilitate the exchange of data, strengthen the |
scientific information base upon
which decisions are made |
and engage in consultation on the potential effects of
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proposed Withdrawals and losses on the Waters and Water |
Dependent Natural
Resources of the Basin;
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f. To prevent significant adverse impacts of |
Withdrawals and losses on the Basin's
ecosystems and |
watersheds;
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g. To promote interstate and State-Provincial comity; |
and,
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h. To promote an Adaptive Management approach to the |
conservation and
management of Basin Water resources, |
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which recognizes, considers and provides
adjustments for |
the uncertainties in, and evolution of, scientific |
knowledge
concerning the Basin's Waters and Water |
Dependent Natural Resources.
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Section 1.4. Science.
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1. The Parties commit to provide leadership for the |
development of a collaborative
strategy with other regional |
partners to strengthen the scientific basis for sound Water
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management decision making under this Compact.
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2. The strategy shall guide the collection and application |
of scientific information to
support:
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a. An improved understanding of the individual and |
Cumulative Impacts of
Withdrawals from various locations |
and Water sources on the Basin Ecosystem
and to develop a |
mechanism by which impacts of Withdrawals may be assessed;
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b. The periodic assessment of Cumulative Impacts of |
Withdrawals, Diversions and
Consumptive Uses on a Great |
Lake and St. Lawrence River watershed basis;
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c. Improved scientific understanding of the Waters of |
the Basin;
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d. Improved understanding of the role of groundwater in |
Basin Water resources
management; and,
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e. The development, transfer and application of |
science and research related to
Water conservation and |
Water use efficiency.
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ARTICLE 2 |
ORGANIZATION |
Section 2.1. Council Created. |
The Great Lakes-St. Lawrence River Basin Water Resources |
Council is hereby created
as a body politic and corporate, with |
succession for the duration of this Compact, as an
agency and |
instrumentality of the governments of the respective Parties.
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Section 2.2. Council Membership.
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The Council shall consist of the Governors of the Parties, |
ex officio.
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Section 2.3. Alternates.
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Each member of the Council shall appoint at least one |
alternate who may act in his or her
place and stead, with |
authority to attend all meetings of the Council and with power |
to
vote in the absence of the member. Unless otherwise provided |
by law of the Party for
which he or she is appointed, each |
alternate shall serve during the term of the member
appointing |
him or her, subject to removal at the pleasure of the member. |
In the event of a
vacancy in the office of alternate, it shall |
be filled in the same manner as an original
appointment for the |
unexpired term only. |
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Section 2.4. Voting.
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1. Each member is entitled to one vote on all matters that |
may come before the Council.
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2. Unless otherwise stated, the rule of decision shall be |
by a simple majority.
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3. The Council shall annually adopt a budget for each |
fiscal year and the amount
required to balance the budget shall |
be apportioned equitably among the Parties by
unanimous vote of |
the Council. The appropriation of such amounts shall be subject
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to such review and approval as may be required by the budgetary |
processes of the
respective Parties.
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4. The participation of Council members from a majority of |
the Parties shall constitute a
quorum for the transaction of |
business at any meeting of the Council.
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Section 2.5. Organization and Procedure.
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The Council shall provide for its own organization and |
procedure, and may adopt rules
and regulations governing its |
meetings and transactions, as well as the procedures and
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timeline for submission, review and consideration of Proposals |
that come before the
Council for its review and action. The |
Council shall organize, annually, by the election
of a Chair |
and Vice Chair from among its members. Each member may appoint |
an
advisor, who may attend all meetings of the Council and its |
committees, but shall not
have voting power. The Council may |
employ or appoint professional and administrative
personnel, |
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including an Executive Director, as it may deem advisable, to |
carry out the
purposes of this Compact.
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Section 2.6. Use of Existing Offices and Agencies.
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It is the policy of the Parties to preserve and utilize the |
functions, powers and duties of
existing offices and agencies |
of government to the extent consistent with this Compact.
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Further, the Council shall promote and aid the coordination of |
the activities and programs
of the Parties concerned with Water |
resources management in the Basin. To this end, but
without |
limitation, the Council may:
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1. Advise, consult, contract, assist or otherwise |
cooperate with any and all such
agencies;
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2. Employ any other agency or instrumentality of any of the |
Parties for any purpose;
and,
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3. Develop and adopt plans consistent with the Water |
resources plans of the Parties.
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Section 2.7. Jurisdiction.
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The Council shall have, exercise and discharge its |
functions, powers and duties within the
limits of the Basin. |
Outside the Basin, it may act in its discretion, but only to |
the extent
such action may be necessary or convenient to |
effectuate or implement its powers or
responsibilities within |
the Basin and subject to the consent of the jurisdiction |
wherein it
proposes to act.
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Section 2.8. Status, Immunities and Privileges.
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1. The Council, its members and personnel in their official |
capacity and when engaged
directly in the affairs of the |
Council, its property and its assets, wherever located and
by |
whomsoever held, shall enjoy the same immunity from suit and |
every form of
judicial process as is enjoyed by the Parties, |
except to the extent that the Council may
expressly waive its |
immunity for the purposes of any proceedings or by the terms of
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any contract.
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2. The property and assets of the Council, wherever located |
and by whomsoever held,
shall be considered public property and |
shall be immune from search, requisition,
confiscation, |
expropriation or any other form of taking or foreclosure by |
executive or
legislative action.
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3. The Council, its property and its assets, income and the |
operations it carries out
pursuant to this Compact shall be |
immune from all taxation by or under the authority
of any of |
the Parties or any political subdivision thereof; provided, |
however, that in
lieu of property taxes the Council may make |
reasonable payments to local taxing
districts in annual amounts |
which shall approximate the taxes lawfully assessed upon
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similar property.
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Section 2.9. Advisory Committees.
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The Council may constitute and empower advisory |
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committees, which may be comprised
of representatives of the |
public and of federal, State, tribal, county and local
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governments, water resources agencies, water-using industries |
and sectors, water-interest
groups and academic experts in |
related fields.
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ARTICLE 3 |
GENERAL POWERS AND DUTIES |
Section 3.1. General.
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The Waters and Water Dependent Natural Resources of the |
Basin are subject to the
sovereign right and responsibilities |
of the Parties, and it is the purpose of this Compact to
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provide for joint exercise of such powers of sovereignty by the |
Council in the common
interests of the people of the region, in |
the manner and to the extent provided in this
Compact. The |
Council and the Parties shall use the Standard of Review and |
Decision
and procedures contained in or adopted pursuant to |
this Compact as the means to exercise
their authority under |
this Compact. |
The Council may revise the Standard of Review and Decision, |
after consultation with the
Provinces and upon unanimous vote |
of all Council members, by regulation duly adopted
in |
accordance with Section 3.3 of this Compact and in accordance |
with each Party's
respective statutory authorities and |
applicable procedures.
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The Council shall identify priorities and develop plans and |
policies relating to Basin
Water resources. It shall adopt and |
promote uniform and coordinated policies for Water
resources |
conservation and management in the Basin. |
Section 3.2. Council Powers.
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The Council may: plan; conduct research and collect, |
compile, analyze, interpret, report
and disseminate data on |
Water resources and uses; forecast Water levels; conduct
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investigations; institute court actions; design, acquire, |
construct, reconstruct, own,
operate, maintain, control, sell |
and convey real and personal property and any interest
therein |
as it may deem necessary, useful or convenient to carry out the |
purposes of this
Compact; make contracts; receive and accept |
such payments, appropriations, grants, gifts,
loans, advances |
and other funds, properties and services as may be transferred |
or made
available to it by any Party or by any other public or |
private agency, corporation or
individual; and, exercise such |
other and different powers as may be delegated to it by this
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Compact or otherwise pursuant to law, and have and exercise all |
powers necessary or
convenient to carry out its express powers |
or which may be reasonably implied
therefrom. |
Section 3.3. Rules and Regulations.
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1. The Council may promulgate and enforce such rules and |
regulations as may be
necessary for the implementation and |
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enforcement of this Compact. The Council
may adopt by |
regulation, after public notice and public hearing, reasonable
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Application fees with respect to those Proposals for Exceptions |
that are subject to
Council review under Section 4.9. Any rule |
or regulation of the Council, other than
one which deals solely |
with the internal management of the Council or its property,
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shall be adopted only after public notice and hearing. |
2. Each Party, in accordance with its respective statutory |
authorities and applicable
procedures, may adopt and enforce |
rules and regulations to implement and enforce
this Compact and |
the programs adopted by such Party to carry out the management
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programs contemplated by this Compact. |
Section 3.4. Program Review and Findings.
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1. Each Party shall submit a report to the Council and the |
Regional Body detailing its
Water management and conservation |
and efficiency programs that implement this
Compact. The report |
shall set out the manner in which Water Withdrawals are
managed |
by sector, Water source, quantity or any other means, and how |
the
provisions of the Standard of Review and Decision and |
conservation and efficiency
programs are implemented. The |
first report shall be provided by each Party one year
from the |
effective date of this Compact and thereafter every 5 years.
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2. The Council, in cooperation with the Provinces, shall |
review its Water management
and conservation and efficiency |
programs and those of the Parties that are established
in this |
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Compact and make findings on whether the Water management |
program
provisions in this Compact are being met, and if not, |
recommend options to assist the
Parties in meeting the |
provisions of this Compact. Such review shall take place:
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a. 30 days after the first report is submitted by all |
Parties; and,
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b. Every five years after the effective date of this |
Compact; and,
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c. At any other time at the request of one of the |
Parties.
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3. As one of its duties and responsibilities, the Council |
may recommend a range of
approaches to the Parties with respect |
to the development, enhancement and
application of Water |
management and conservation and efficiency programs to
|
implement the Standard of Review and Decision reflecting |
improved scientific
understanding of the Waters of the Basin, |
including groundwater, and the impacts of
Withdrawals on the |
Basin Ecosystem. |
ARTICLE 4 |
WATER MANAGEMENT AND REGULATION |
Section 4.1. Water Resources Inventory, Registration and |
Reporting.
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1. Within five years of the effective date of this Compact, |
each Party shall develop and
maintain a Water resources |
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inventory for the collection, interpretation, storage,
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retrieval exchange, and dissemination of information |
concerning the Water resources
of the Party, including, but not |
limited to, information on the location, type, quantity,
and |
use of those resources and the location, type, and quantity of |
Withdrawals,
Diversions and Consumptive Uses. To the extent |
feasible, the Water resources
inventory shall be developed in |
cooperation with local, State, federal, tribal and other
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private agencies and entities, as well as the Council. Each |
Party's agencies shall
cooperate with that Party in the |
development and maintenance of the inventory.
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2. The Council shall assist each Party to develop a common |
base of data regarding the
management of the Water Resources of |
the Basin and to establish systematic
arrangements for the |
exchange of those data with other States and Provinces.
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3. To develop and maintain a compatible base of Water use |
information, within five
years of the effective date of this |
Compact any Person who Withdraws Water in an
amount of 100,000 |
gallons per day or greater average in any 30-day period |
(including
Consumptive Uses) from all sources, or Diverts Water |
of any amount, shall register
the Withdrawal or Diversion by a |
date set by the Council unless the Person has
previously |
registered in accordance with an existing State program. The |
Person shall
register the Withdrawal or Diversion with the |
Originating Party using a form
prescribed by the Originating |
Party that shall include, at a minimum and without
limitation: |
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the name and address of the registrant and date of |
registration; the
locations and sources of the Withdrawal or |
Diversion; the capacity of the Withdrawal
or Diversion per day |
and the amount Withdrawn or Diverted from each source; the
uses |
made of the Water; places of use and places of discharge; and, |
such other
information as the Originating Party may require. |
All registrations shall include an
estimate of the volume of |
the Withdrawal or Diversion in terms of gallons per day
average |
in any 30-day period.
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4. All registrants shall annually report the monthly |
volumes of the Withdrawal,
Consumptive Use and Diversion in |
gallons to the Originating Party and any other
information |
requested by the Originating Party.
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5. Each Party shall annually report the information |
gathered pursuant to this Section to a
Great Lakes-St. Lawrence |
River Water use data base repository and aggregated
information |
shall be made publicly available, consistent with the |
confidentiality
requirements in Section 8.3.
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6. Information gathered by the Parties pursuant to this |
Section shall be used to improve
the sources and applications |
of scientific information regarding the Waters of the
Basin and |
the impacts of the Withdrawals and Diversions from various |
locations and
Water sources on the Basin Ecosystem, and to |
better understand the role of
groundwater in the Basin. The |
Council and the Parties shall coordinate the collection
and |
application of scientific information to further develop a |
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mechanism by which
individual and Cumulative Impacts of |
Withdrawals, Consumptive Uses and
Diversions shall be |
assessed.
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Section 4.2. Water Conservation and Efficiency Programs.
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1. The Council commits to identify, in cooperation with the |
Provinces, Basin-wide
Water conservation and efficiency |
objectives to assist the Parties in developing their
Water |
conservation and efficiency program. These objectives are |
based on the goals
of:
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a. Ensuring improvement of the Waters and Water |
Dependent Natural Resources;
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b. Protecting and restoring the hydrologic and |
ecosystem integrity of the Basin;
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c. Retaining the quantity of surface water and |
groundwater in the Basin;
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d. Ensuring sustainable use of Waters of the Basin; |
and,
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e. Promoting the efficiency of use and reducing losses |
and waste of Water.
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2. Within two years of the effective date of this Compact, |
each Party shall develop its
own Water conservation and |
efficiency goals and objectives consistent with the
Basin-wide |
goals and objectives, and shall develop and implement a Water
|
conservation and efficiency program, either voluntary or |
mandatory, within its
jurisdiction based on the Party's goals |
|
and objectives. Each Party shall annually
assess its programs |
in meeting the Party's goals and objectives, report to the |
Council
and the Regional Body and make this annual assessment |
available to the public.
|
3. Beginning five years after the effective date of this |
Compact, and every five years
thereafter, the Council, in |
cooperation with the Provinces, shall review and modify as
|
appropriate the Basin-wide objectives, and the Parties shall |
have regard for any such
modifications in implementing their |
programs. This assessment will be based on
examining new |
technologies, new patterns of Water use, new resource demands |
and
threats, and Cumulative Impact assessment under Section |
4.15.
|
4. Within two years of the effective date of this Compact, |
the Parties commit to promote
Environmentally Sound and |
Economically Feasible Water Conservation Measures
such as:
|
a. Measures that promote efficient use of Water;
|
b. Identification and sharing of best management |
practices and state of the art
conservation and efficiency |
technologies;
|
c. Application of sound planning principles;
|
d. Demand-side and supply-side Measures or incentives; |
and,
|
e. Development, transfer and application of science |
and research.
|
5. Each Party shall implement in accordance with paragraph |
|
2 above a voluntary or
mandatory Water conservation program for |
all, including existing, Basin Water users.
Conservation |
programs need to adjust to new demands and the potential |
impacts of
cumulative effects and climate.
|
Section 4.3. Party Powers and Duties.
|
1. Each Party, within its jurisdiction, shall manage and |
regulate New or Increased
Withdrawals, Consumptive Uses and |
Diversions, including Exceptions, in accordance
with this |
Compact.
|
2. Each Party shall require an Applicant to submit an |
Application in such manner and
with such accompanying |
information as the Party shall prescribe.
|
3. No Party may approve a Proposal if the Party determines |
that the Proposal is
inconsistent with this Compact or the |
Standard of Review and Decision or any
implementing rules or |
regulations promulgated thereunder. The Party may approve,
|
approve with modifications or disapprove any Proposal |
depending on the Proposal's
consistency with this Compact and |
the Standard of Review and Decision.
|
4. Each Party shall monitor the implementation of any |
approved Proposal to ensure
consistency with the approval and |
may take all necessary enforcement actions.
|
5. No Party shall approve a Proposal subject to Council or |
Regional Review, or both,
pursuant to this Compact unless it |
shall have been first submitted to and reviewed by
either the |
|
Council or Regional Body, or both, and approved by the Council, |
as
applicable. Sufficient opportunity shall be provided for |
comment on the Proposal's
consistency with this Compact and the |
Standard of Review and Decision. All such
comments shall become |
part of the Party's formal record of decision, and the Party
|
shall take into consideration any such comments received.
|
Section 4.4. Requirement for Originating Party Approval.
|
No Proposal subject to management and regulation under this |
Compact shall hereafter be
undertaken by any Person unless it |
shall have been approved by the Originating Party.
|
Section 4.5. Regional Review. |
1. General. |
a. It is the intention of the Parties to participate in |
Regional Review of Proposals
with the Provinces, as |
described in this Compact and the Agreement.
|
b. Unless the Applicant or the Originating Party |
otherwise requests, it shall be the
goal of the Regional |
Body to conclude its review no later than 90 days after |
notice
under Section 4.5.2 of such Proposal is received |
from the Originating Party.
|
c. Proposals for Exceptions subject to Regional Review |
shall be submitted by the
Originating Party to the Regional |
Body for Regional Review, and where
applicable, to the |
Council for concurrent review.
|
|
d. The Parties agree that the protection of the |
integrity of the Great Lakes-St.
Lawrence River Basin |
Ecosystem shall be the overarching principle for reviewing
|
Proposals subject to Regional Review, recognizing |
uncertainties with respect to
demands that may be placed on |
Basin Water, including groundwater, levels and
flows of the |
Great Lakes and the St. Lawrence River, future changes in
|
environmental conditions, the reliability of existing data |
and the extent to which
Diversions may harm the integrity |
of the Basin Ecosystem.
|
e. The Originating Party shall have lead |
responsibility for coordinating information
for resolution |
of issues related to evaluation of a Proposal, and shall |
consult with
the Applicant throughout the Regional Review |
Process.
|
f. A majority of the members of the Regional Body may |
request Regional Review
of a regionally significant or |
potentially precedent setting Proposal. Such
Regional |
Review must be conducted, to the extent possible, within |
the time
frames set forth in this Section. Any such |
Regional Review shall be undertaken
only after consulting |
the Applicant.
|
2. Notice from Originating Party to the Regional Body. |
a. The Originating Party shall determine if a Proposal |
is subject to Regional Review.
If so, the Originating Party |
shall provide timely notice to the Regional Body and
the |
|
public.
|
b. Such notice shall not be given unless and until all |
information, documents and the
Originating Party's |
Technical Review needed to evaluate whether the Proposal
|
meets the Standard of Review and Decision have been |
provided.
|
c. An Originating Party may:
|
i. Provide notice to the Regional Body of an |
Application, even if notification is
not required; or,
|
ii. Request Regional Review of an application, |
even if Regional Review is not
required. Any such |
Regional Review shall be undertaken only after
|
consulting the Applicant.
|
d. An Originating Party may provide preliminary notice |
of a potential Proposal.
|
3. Public Participation.
|
a. To ensure adequate public participation, the |
Regional Body shall adopt
procedures for the review of |
Proposals that are subject to Regional Review in
accordance |
with this Article.
|
b. The Regional Body shall provide notice to the public |
of a Proposal undergoing
Regional Review. Such notice shall |
indicate that the public has an opportunity to
comment in |
writing to the Regional Body on whether the Proposal meets |
the
Standard of Review and Decision.
|
c. The Regional Body shall hold a public meeting in the |
|
State or Province of the
Originating Party in order to |
receive public comment on the issue of whether the
Proposal |
under consideration meets the Standard of Review and |
Decision. |
d. The Regional Body shall consider the comments |
received before issuing a
Declaration of Finding.
|
e. The Regional Body shall forward the comments it |
receives to the Originating
Party.
|
4. Technical Review.
|
a. The Originating Party shall provide the Regional |
Body with its Technical Review
of the Proposal under |
consideration.
|
b. The Originating Party's Technical Review shall |
thoroughly analyze the Proposal
and provide an evaluation |
of the Proposal sufficient for a determination of
whether |
the Proposal meets the Standard of Review and Decision.
|
c. Any member of the Regional Body may conduct their |
own Technical Review of
any Proposal subject to Regional |
Review.
|
d. At the request of the majority of its members, the |
Regional Body shall make such
arrangements as it considers |
appropriate for an independent Technical Review of
a |
Proposal.
|
e. All Parties shall exercise their best efforts to |
ensure that a Technical Review
undertaken under Sections |
4.5.4.c and 4.5.4.d does not unnecessarily delay the
|
|
decision by the Originating Party on the Application. |
Unless the Applicant or the
Originating Party otherwise |
requests, all Technical Reviews shall be completed
no later |
than 60 days after the date the notice of the Proposal was |
given to the
Regional Body.
|
5. Declaration of Finding.
|
a. The Regional Body shall meet to consider a Proposal. |
The Applicant shall be
provided with an opportunity to |
present the Proposal to the Regional Body at such
time.
|
b. The Regional Body, having considered the notice, the |
Originating Party's
Technical Review, any other |
independent Technical Review that is made, any
comments or |
objections including the analysis of comments made by the |
public,
First Nations and federally recognized Tribes, and |
any other information that is
provided under this Compact |
shall issue a Declaration of Finding that the
Proposal |
under consideration:
|
i. Meets the Standard of Review and Decision;
|
ii. Does not meet the Standard of Review and |
Decision; or,
|
iii. Would meet the Standard of Review and Decision |
if certain conditions were
met. |
c. An Originating Party may decline to participate in |
a Declaration of Finding made
by the Regional Body.
|
d. The Parties recognize and affirm that it is |
preferable for all members of the
Regional Body to agree |
|
whether the Proposal meets the Standard of Review and
|
Decision.
|
e. If the members of the Regional Body who participate |
in the Declaration of
Finding all agree, they shall issue a |
written Declaration of Finding with
consensus.
|
f. In the event that the members cannot agree, the |
Regional Body shall make every
reasonable effort to achieve |
consensus within 25 days.
|
g. Should consensus not be achieved, the Regional Body |
may issue a Declaration of
Finding that presents different |
points of view and indicates each Party's
conclusions.
|
h. The Regional Body shall release the Declarations of |
Finding to the public.
|
i. The Originating Party and the Council shall consider |
the Declaration of Finding
before making a decision on the |
Proposal.
|
Section 4.6. Proposals Subject to Prior Notice.
|
1. Beginning no later than five years of the effective date |
of this Compact, the
Originating Party shall provide all |
Parties and the Provinces with detailed and timely
notice and |
an opportunity to comment within 90 days on any Proposal for a |
New or
Increased Consumptive Use of 5 million gallons per day |
or greater average in any 90-day period. Comments shall address |
whether or not the Proposal is consistent with
the Standard of |
Review and Decision. The Originating Party shall provide a |
|
response
to any such comment received from another Party.
|
2. A Party may provide notice, an opportunity to comment |
and a response to comments
even if this is not required under |
paragraph 1 of this Section. Any provision of such
notice and |
opportunity to comment shall be undertaken only after |
consulting the
Applicant.
|
Section 4.7. Council Actions.
|
1. Proposals for Exceptions subject to Council Review shall |
be submitted by the
Originating Party to the Council for |
Council Review, and where applicable, to the
Regional Body for |
concurrent review.
|
2. The Council shall review and take action on Proposals in |
accordance with this
Compact and the Standard of Review and |
Decision. The Council shall not take action
on a Proposal |
subject to Regional Review pursuant to this Compact unless the
|
Proposal shall have been first submitted to and reviewed by the |
Regional Body. The
Council shall consider any findings |
resulting from such review.
|
Section 4.8. Prohibition of New or Increased Diversions.
|
All New or Increased Diversions are prohibited, except as |
provided for in this Article.
|
Section 4.9. Exceptions to the Prohibition of Diversions.
|
1. Straddling Communities. A Proposal to transfer Water to |
|
an area within a Straddling
Community but outside the Basin or |
outside the source Great Lake Watershed shall
be excepted from |
the prohibition against Diversions and be managed and regulated |
by
the Originating Party provided that, regardless of the |
volume of Water transferred, all
the Water so transferred shall |
be used solely for Public Water Supply Purposes within
the |
Straddling Community, and:
|
a. All Water Withdrawn from the Basin shall be |
returned, either naturally or after
use, to the Source |
Watershed less an allowance for Consumptive Use. No surface
|
water or groundwater from outside the Basin may be used to |
satisfy any portion of
this criterion except if it:
|
i. Is part of a water supply or wastewater |
treatment system that combines water
from inside and |
outside of the Basin;
|
ii. Is treated to meet applicable water quality |
discharge standards and to prevent
the introduction of |
invasive species into the Basin;
|
iii. Maximizes the portion of water returned to the |
Source Watershed as Basin
Water and minimizes the |
surface water or groundwater from outside the
Basin;
|
b. If the Proposal results from a New or Increased |
Withdrawal of 100,000 gallons
per day or greater average |
over any 90-day period, the Proposal shall also meet
the |
Exception Standard; and,
|
c. If the Proposal results in a New or Increased |
|
Consumptive Use of 5 million
gallons per day or greater |
average over any 90-day period, the Proposal shall also
|
undergo Regional Review.
|
2. Intra-Basin Transfer. A Proposal for an Intra-Basin |
Transfer that would be
considered a Diversion under this |
Compact, and not already excepted pursuant to
paragraph 1 of |
this Section, shall be excepted from the prohibition against |
Diversions,
provided that:
|
a. If the Proposal results from a New or Increased |
Withdrawal less than 100,000
gallons per day average over |
any 90-day period, the Proposal shall be subject to
|
management and regulation at the discretion of the |
Originating Party.
|
b. If the Proposal results from a New or Increased |
Withdrawal 100,000 gallons per
day or greater average over |
any 90-day period and if the Consumptive Use
resulting from |
the Withdrawal is less than 5 million gallons per day |
average over
any 90-day period:
|
i. The Proposal shall meet the Exception Standard |
and be subject to
management and regulation by the |
Originating Party, except that the Water
may be |
returned to another Great Lake watershed rather than |
the Source
Watershed;
|
ii. The Applicant shall demonstrate that there is |
no feasible, cost effective, and
environmentally sound |
water supply alternative within the Great Lake
|
|
watershed to which the Water will be transferred, |
including conservation of
existing water supplies; |
and,
|
iii. The Originating Party shall provide notice to |
the other Parties prior to making
any decision with |
respect to the Proposal.
|
c. If the Proposal results in a New or Increased |
Consumptive Use of 5 million
gallons per day or greater |
average over any 90-day period:
|
i. The Proposal shall be subject to management and |
regulation by the
Originating Party and shall meet the |
Exception Standard, ensuring that Water
Withdrawn |
shall be returned to the Source Watershed;
|
ii. The Applicant shall demonstrate that there is |
no feasible, cost effective, and
environmentally sound |
water supply alternative within the Great Lake
|
watershed to which the Water will be transferred, |
including conservation of
existing water supplies;
|
iii. The Proposal undergoes Regional Review; and,
|
iv. The Proposal is approved by the Council. |
Council approval shall be given
unless one or more |
Council Members vote to disapprove.
|
3. Straddling Counties. A Proposal to transfer Water to a |
Community within a
Straddling County that would be considered a |
Diversion under this Compact shall be
excepted from the |
prohibition against Diversions, provided that it satisfies all |
|
of the
following conditions:
|
a. The Water shall be used solely for the Public Water |
Supply Purposes of the
Community within a Straddling County |
that is without adequate supplies of
potable water;
|
b. The Proposal meets the Exception Standard, |
maximizing the portion of water
returned to the Source |
Watershed as Basin Water and minimizing the surface
water |
or groundwater from outside the Basin;
|
c. The Proposal shall be subject to management and |
regulation by the Originating
Party, regardless of its |
size;
|
d. There is no reasonable water supply alternative |
within the basin in which the
community is located, |
including conservation of existing water supplies;
|
e. Caution shall be used in determining whether or not |
the Proposal meets the
conditions for this Exception. This |
Exception should not be authorized unless it
can be shown |
that it will not endanger the integrity of the Basin |
Ecosystem;
|
f. The Proposal undergoes Regional Review; and,
|
g. The Proposal is approved by the Council. Council |
approval shall be given unless
one or more Council Members |
vote to disapprove. |
A Proposal must satisfy all of the conditions listed above. |
Further, substantive
consideration will also be given to |
whether or not the Proposal can provide sufficient
|
|
scientifically based evidence that the existing water supply is |
derived from
groundwater that is hydrologically interconnected |
to Waters of the Basin. |
4. Exception Standard. Proposals subject to management and |
regulation in this Section
shall be declared to meet this |
Exception Standard and may be approved as appropriate
only when |
the following criteria are met:
|
a. The need for all or part of the proposed Exception |
cannot be reasonably avoided
through the efficient use and |
conservation of existing water supplies;
|
b. The Exception will be limited to quantities that are |
considered reasonable for the
purposes for which it is |
proposed;
|
c. All Water Withdrawn shall be returned, either |
naturally or after use, to the Source
Watershed less an |
allowance for Consumptive Use. No surface water or
|
groundwater from the outside the Basin may be used to |
satisfy any portion of this
criterion except if it:
|
i. Is part of a water supply or wastewater |
treatment system that combines water
from inside and |
outside of the Basin;
|
ii. Is treated to meet applicable water quality |
discharge standards and to prevent
the introduction of |
invasive species into the Basin;
|
d. The Exception will be implemented so as to ensure |
that it will result in no
significant individual or |
|
cumulative adverse impacts to the quantity or quality of
|
the Waters and Water Dependent Natural Resources of the |
Basin with
consideration given to the potential Cumulative |
Impacts of any precedent-setting
consequences associated |
with the Proposal;
|
e. The Exception will be implemented so as to |
incorporate Environmentally Sound
and Economically |
Feasible Water Conservation Measures to minimize Water
|
Withdrawals or Consumptive Use;
|
f. The Exception will be implemented so as to ensure |
that it is in compliance with
all applicable municipal, |
State and federal laws as well as regional interstate and
|
international agreements, including the Boundary Waters |
Treaty of 1909; and,
|
g. All other applicable criteria in Section 4.9 have |
also been met.
|
Section 4.10. Management and Regulation of New or Increased |
Withdrawals and
Consumptive Uses.
|
1. Within five years of the effective date of this Compact, |
each Party shall create a
program for the management and |
regulation of New or Increased Withdrawals and
Consumptive Uses |
by adopting and implementing Measures consistent with the
|
Decision-Making Standard. Each Party, through a considered |
process, shall set and
may modify threshold levels for the |
regulation of New or Increased Withdrawals in
order to assure |
|
an effective and efficient Water management program that will |
ensure
that uses overall are reasonable, that Withdrawals |
overall will not result in significant
impacts to the Waters |
and Water Dependent Natural Resources of the Basin,
determined |
on the basis of significant impacts to the physical, chemical, |
and
biological integrity of Source Watersheds, and that all |
other objectives of the
Compact are achieved. Each Party may |
determine the scope and thresholds of its
program, including |
which New or Increased Withdrawals and Consumptive Uses will
be |
subject to the program.
|
2. Any Party that fails to set threshold levels that comply |
with Section 4.10.1 any time
before 10 years after the |
effective date of this Compact shall apply a threshold level
|
for management and regulation of all New or Increased |
Withdrawals of 100,000
gallons per day or greater average in |
any 90-day period.
|
3. The Parties intend programs for New or Increased |
Withdrawals and Consumptive
Uses to evolve as may be necessary |
to protect Basin Waters. Pursuant to Section 3.4,
the Council, |
in cooperation with the Provinces, shall periodically assess |
the Water
management programs of the Parties. Such assessments |
may produce
recommendations for the strengthening of the |
programs, including without limitation,
establishing lower |
thresholds for management and regulation in accordance with the
|
Decision-Making Standard.
|
|
Section 4.11. Decision-Making Standard.
Proposals subject |
to management and regulation in Section 4.10 shall be declared |
to meet
this Decision-Making Standard and may be approved as |
appropriate only when the
following criteria are met:
|
1. All Water Withdrawn shall be returned, either naturally |
or after use, to the Source
Watershed less an allowance for |
Consumptive Use;
|
2. The Withdrawal or Consumptive Use will be implemented so |
as to ensure that the
Proposal will result in no significant |
individual or cumulative adverse impacts to the
quantity or |
quality of the Waters and Water Dependent Natural Resources and |
the
applicable Source Watershed;
|
3. The Withdrawal or Consumptive Use will be implemented so |
as to incorporate
Environmentally Sound and Economically |
Feasible Water Conservation Measures;
|
4. The Withdrawal or Consumptive Use will be implemented so |
as to ensure that it is in
compliance with all applicable |
municipal, State and federal laws as well as regional
|
interstate and international agreements, including the |
Boundary Waters Treaty of
1909;
|
5. The proposed use is reasonable, based upon a |
consideration of the following factors:
|
a. Whether the proposed Withdrawal or Consumptive Use |
is planned in a fashion
that provides for efficient use of |
the water, and will avoid or minimize the waste
of Water;
|
b. If the Proposal is for an increased Withdrawal or |
|
Consumptive use, whether
efficient use is made of existing |
water supplies;
|
c. The balance between economic development, social |
development and
environmental protection of the proposed |
Withdrawal and use and other existing
or planned |
withdrawals and water uses sharing the water source;
|
d. The supply potential of the water source, |
considering quantity, quality, and
reliability and safe |
yield of hydrologically interconnected water sources;
|
e. The probable degree and duration of any adverse |
impacts caused or expected to
be caused by the proposed |
Withdrawal and use under foreseeable conditions, to
other |
lawful consumptive or non-consumptive uses of water or to |
the quantity or
quality of the Waters and Water Dependent |
Natural Resources of the Basin, and
the proposed plans and |
arrangements for avoidance or mitigation of such impacts;
|
and,
|
f. If a Proposal includes restoration of hydrologic |
conditions and functions of the
Source Watershed, the Party |
may consider that.
|
Section 4.12. Applicability.
|
1. Minimum Standard. This Standard of Review and Decision |
shall be used as a
minimum standard. Parties may impose a more |
restrictive decision-making standard
for Withdrawals under |
their authority. It is also acknowledged that although a
|
|
Proposal meets the Standard of Review and Decision it may not |
be approved under
the laws of the Originating Party that has |
implemented more restrictive Measures.
|
2. Baseline.
|
a. To establish a baseline for determining a New or |
Increased Diversion,
Consumptive Use or Withdrawal, each |
Party shall develop either or both of the
following lists |
for their jurisdiction: |
i. A list of existing Withdrawal approvals as of |
the effective date of the
Compact;
|
ii. A list of the capacity of existing systems as |
of the effective date of this
Compact. The capacity of |
the existing systems should be presented in terms
of |
Withdrawal capacity, treatment capacity, distribution |
capacity, or other
capacity limiting factors. The |
capacity of the existing systems must represent
the |
state of the systems. Existing capacity determinations |
shall be based upon
approval limits or the most |
restrictive capacity information.
|
b. For all purposes of this Compact, volumes of |
Diversions, Consumptive Uses, or
Withdrawals of Water set |
forth in the list(s) prepared by each Party in accordance
|
with this Section, shall constitute the baseline volume.
|
c. The list(s) shall be furnished to the Regional Body |
and the Council within one
year of the effective date of |
this Compact.
|
|
3. Timing of Additional Applications. Applications for New |
or Increased Withdrawals,
Consumptive Uses or Exceptions shall |
be considered cumulatively within ten years of
any application.
|
4. Change of Ownership. Unless a new owner proposes a |
project that shall result in a
Proposal for a New or Increased |
Diversion or Consumptive Use subject to Regional
Review or |
Council approval, the change of ownership in and of itself |
shall not require
Regional Review or Council approval.
|
5. Groundwater. The Basin surface water divide shall be |
used for the purpose of
managing and regulating New or |
Increased Diversions, Consumptive Uses or
Withdrawals of |
surface water and groundwater.
|
6. Withdrawal Systems. The total volume of surface water |
and groundwater resources
that supply a common distribution |
system shall determine the volume of a
Withdrawal, Consumptive |
Use or Diversion.
|
7. Connecting Channels. The watershed of each Great Lake |
shall include its upstream
and downstream connecting channels.
|
8. Transmission in Water Lines. Transmission of Water |
within a line that extends
outside the Basin as it conveys |
Water from one point to another within the Basin shall
not be |
considered a Diversion if none of the Water is used outside the |
Basin.
|
9. Hydrologic Units. The Lake Michigan and Lake Huron |
watersheds shall be
considered to be a single hydrologic unit |
and watershed. |
|
10. Bulk Water Transfer. A Proposal to Withdraw Water and |
to remove it from the Basin
in any container greater than 5.7 |
gallons shall be treated under this Compact in the
same manner |
as a Proposal for a Diversion. Each Party shall have the |
discretion,
within its jurisdiction, to determine the |
treatment of Proposals to Withdraw Water and
to remove it from |
the Basin in any container of 5.7 gallons or less. |
Section 4.13. Exemptions.
Withdrawals from the Basin for |
the following purposes are exempt from the requirements
of |
Article 4.
|
1. To supply vehicles, including vessels and aircraft, |
whether for the needs of the
persons or animals being |
transported or for ballast or other needs related to the
|
operation of the vehicles.
|
2. To use in a non-commercial project on a short-term basis |
for firefighting,
humanitarian, or emergency response |
purposes. |
Section 4.14. U.S. Supreme Court Decree: Wisconsin et al. |
v. Illinois et al.
|
1. Notwithstanding any terms of this Compact to the |
contrary, with the exception of
Paragraph 5 of this Section, |
current, New or Increased Withdrawals, Consumptive
Uses and |
Diversions of Basin Water by the State of Illinois shall be |
governed by the
terms of the United States Supreme Court decree |
|
in Wisconsin et al. v. Illinois et al.
and shall not be subject |
to the terms of this Compact nor any rules or regulations
|
promulgated pursuant to this Compact. This means that, with the |
exception of
Paragraph 5 of this Section, for purposes of this |
Compact, current, New or Increased
Withdrawals, Consumptive |
Uses and Diversions of Basin Water within the State of
Illinois |
shall be allowed unless prohibited by the terms of the United |
States Supreme
Court decree in Wisconsin et al. v. Illinois et |
al .
|
2. The Parties acknowledge that the United States Supreme |
Court decree in Wisconsin
et al. v. Illinois et al. shall |
continue in full force and effect, that this Compact shall not
|
modify any terms thereof, and that this Compact shall grant the |
parties no additional
rights, obligations, remedies or |
defenses thereto. The Parties specifically
acknowledge that |
this Compact shall not prohibit or limit the State of Illinois |
in any
manner from seeking additional Basin Water as allowed |
under the terms of the United
States Supreme Court decree in |
Wisconsin et al. v. Illinois et al. , any other party from
|
objecting to any request by the State of Illinois for |
additional Basin Water under the
terms of said decree, or any |
party from seeking any other type of modification to said
|
decree. If an application is made by any party to the Supreme |
Court of the United
States to modify said decree, the Parties |
to this Compact who are also parties to the
decree shall seek |
formal input from the Canadian Provinces of Ontario and Québec,
|
|
with respect to the proposed modification, use best efforts to |
facilitate the appropriate
participation of said Provinces in |
the proceedings to modify the decree, and shall not
|
unreasonably impede or restrict such participation.
|
3. With the exception of Paragraph 5 of this Section, |
because current, New or Increased
Withdrawals, Consumptive |
Uses and Diversions of Basin Water by the State of
Illinois are |
not subject to the terms of this Compact, the State of Illinois |
is prohibited
from using any term of this Compact, including |
Section 4.9, to seek New or Increased
Withdrawals, Consumptive |
Uses or Diversions of Basin Water.
|
4. With the exception of Paragraph 5 of this Section, |
because Sections 4.3, 4.4, 4.5, 4.6,
4.7, 4.8, 4.9, 4.10, 4.11, |
4.12 (Paragraphs 1, 2, 3, 4, 6 and 10 only), and 4.13 of this
|
Compact all relate to current, New or Increased Withdrawals, |
Consumptive Uses and
Diversions of Basin Waters, said |
provisions do not apply to the State of Illinois. All
other |
provisions of this Compact not listed in the preceding sentence |
shall apply to
the State of Illinois, including the Water |
Conservation Programs provision of Section
4.2.
|
5. In the event of a Proposal for a Diversion of Basin |
Water for use outside the territorial
boundaries of the Parties |
to this Compact, decisions by the State of Illinois regarding
|
such a Proposal would be subject to all terms of this Compact, |
except Paragraphs 1, 3
and 4 of this Section.
|
6. For purposes of the State of Illinois' participation in |
|
this Compact, the entirety of this
Section 4.14 is necessary |
for the continued implementation of this Compact and, if
|
severed, this Compact shall no longer be binding on or |
enforceable by or against the
State of Illinois. |
Section 4.15. Assessment of Cumulative Impacts.
|
1. The Parties in cooperation with the Provinces shall |
collectively conduct within the
Basin, on a Lake watershed and |
St. Lawrence River Basin basis, a periodic
assessment of the |
Cumulative Impacts of Withdrawals, Diversions and Consumptive
|
Uses from the Waters of the Basin, every 5 years or each time |
the incremental Basin
Water losses reach 50 million gallons per |
day average in any 90-day period in excess
of the quantity at |
the time of the most recent assessment, whichever comes first, |
or at
the request of one or more of the Parties. The assessment |
shall form the basis for a
review of the Standard of Review and |
Decision, Council and Party regulations and
their application. |
This assessment shall:
|
a. Utilize the most current and appropriate guidelines |
for such a review, which may
include but not be limited to |
Council on Environmental Quality and Environment
Canada |
guidelines;
|
b. Give substantive consideration to climate change or |
other significant threats to
Basin Waters and take into |
account the current state of scientific knowledge, or
|
uncertainty, and appropriate Measures to exercise caution |
|
in cases of uncertainty
if serious damage may result;
|
c. Consider adaptive management principles and |
approaches, recognizing,
considering and providing |
adjustments for the uncertainties in, and evolution of
|
science concerning the Basin's water resources, watersheds |
and ecosystems,
including potential changes to Basin-wide |
processes, such as lake level cycles and
climate.
|
2. The Parties have the responsibility of conducting this |
Cumulative Impact assessment.
Applicants are not required to |
participate in this assessment.
|
3. Unless required by other statutes, Applicants are not |
required to conduct a separate
cumulative impact assessment in |
connection with an Application but shall submit
information |
about the potential impacts of a Proposal to the quantity or |
quality of the
Waters and Water Dependent Natural Resources of |
the applicable Source Watershed.
An Applicant may, however, |
provide an analysis of how their Proposal meets the no
|
significant adverse Cumulative Impact provision of the |
Standard of Review and
Decision.
|
ARTICLE 5 |
TRIBAL CONSULTATION |
Section 5.1. Consultation with Tribes.
|
1. In addition to all other opportunities to comment |
pursuant to Section 6.2, appropriate
consultations shall occur |
|
with federally recognized Tribes in the Originating Party for
|
all Proposals subject to Council or Regional Review pursuant to |
this Compact. Such
consultations shall be organized in the |
manner suitable to the individual Proposal and
the laws and |
policies of the Originating Party.
|
2. All federally recognized Tribes within the Basin shall |
receive reasonable notice
indicating that they have an |
opportunity to comment in writing to the Council or the
|
Regional Body, or both, and other relevant organizations on |
whether the Proposal
meets the requirements of the Standard of |
Review and Decision when a Proposal is
subject to Regional |
Review or Council approval. Any notice from the Council shall
|
inform the Tribes of any meeting or hearing that is to be held |
under Section 6.2 and
invite them to attend. The Parties and |
the Council shall consider the comments
received under this |
Section before approving, approving with modifications or
|
disapproving any Proposal subject to Council or Regional |
Review.
|
3. In addition to the specific consultation mechanisms |
described above, the Council
shall seek to establish mutually |
agreed upon mechanisms or processes to facilitate
dialogue |
with, and input from federally recognized Tribes on matters to |
be dealt with
by the Council; and, the Council shall seek to |
establish mechanisms and processes
with federally recognized |
Tribes designed to facilitate on-going scientific and
|
technical interaction and data exchange regarding matters |
|
falling within the scope of
this Compact. This may include |
participation of tribal representatives on advisory
committees |
established under this Compact or such other processes that are |
mutually-agreed
upon with federally recognized Tribes |
individually or through duly-authorized
intertribal agencies |
or bodies.
|
ARTICLE 6 |
PUBLIC PARTICIPATION |
Section 6.1. Meetings, Public Hearings and Records.
|
1. The Parties recognize the importance and necessity of |
public participation in
promoting management of the Water |
Resources of the Basin. Consequently, all
meetings of the |
Council shall be open to the public, except with respect to |
issues of
personnel.
|
2. The minutes of the Council shall be a public record open |
to inspection at its offices
during regular business hours. |
Section 6.2. Public Participation.
|
It is the intent of the Council to conduct public |
participation processes concurrently and
jointly with |
processes undertaken by the Parties and through Regional |
Review. To
ensure adequate public participation, each Party or |
the Council shall ensure procedures
for the review of Proposals |
subject to the Standard of Review and Decision consistent
with |
|
the following requirements:
|
1. Provide public notification of receipt of all |
Applications and a reasonable opportunity
for the public to |
submit comments before Applications are acted upon.
|
2. Assure public accessibility to all documents relevant to |
an Application, including
public comment received.
|
3. Provide guidance on standards for determining whether to |
conduct a public meeting
or hearing for an Application, time |
and place of such a meeting(s) or hearing(s), and
procedures |
for conducting of the same.
|
4. Provide the record of decision for public inspection |
including comments, objections,
responses and approvals, |
approvals with conditions and disapprovals.
|
ARTICLE 7 |
DISPUTE RESOLUTION AND ENFORCEMENT |
Section 7.1. Good Faith Implementation.
|
Each of the Parties pledges to support implementation of |
all provisions of this Compact,
and covenants that its officers |
and agencies shall not hinder, impair, or prevent any other
|
Party carrying out any provision of this Compact.
|
Section 7.2. Alternative Dispute Resolution.
|
1. Desiring that this Compact be carried out in full, the |
Parties agree that disputes
between the Parties regarding |
|
interpretation, application and implementation of this
Compact |
shall be settled by alternative dispute resolution.
|
2. The Council, in consultation with the Provinces, shall |
provide by rule procedures for
the resolution of disputes |
pursuant to this Section.
|
Section 7.3. Enforcement.
|
1. Any Person aggrieved by any action taken by the Council |
pursuant to the authorities
contained in this Compact shall be |
entitled to a hearing before the Council. Any
Person aggrieved |
by a Party action shall be entitled to a hearing pursuant to |
the
relevant Party's administrative procedures and laws. After |
exhaustion of such
administrative remedies, (i) any aggrieved |
Person shall have the right to judicial
review of a Council |
action in the United States District Courts for the District of
|
Columbia or the District Court in which the Council maintains |
offices, provided such
action is commenced within 90 days; and, |
(ii) any aggrieved Person shall have the
right to judicial |
review of a Party's action in the relevant Party's court of |
competent
jurisdiction, provided that an action or proceeding |
for such review is commenced
within the time frames provided |
for by the Party's law. For the purposes of this
paragraph, a |
State or Province is deemed to be an aggrieved Person with |
respect to
any Party action pursuant to this Compact.
|
2. a. Any Party or the Council may initiate actions to |
compel compliance with the
provisions of this Compact, and |
|
the rules and regulations promulgated hereunder
by the |
Council. Jurisdiction over such actions is granted to the |
court of the
relevant Party, as well as the United States |
District Courts for the District of
Columbia and the |
District Court in which the Council maintains offices. The
|
remedies available to any such court shall include, but not |
be limited to, equitable
relief and civil penalties.
|
b. Each Party may issue orders within its respective |
jurisdiction and may initiate
actions to compel compliance |
with the provisions of its respective statutes and
|
regulations adopted to implement the authorities |
contemplated by this Compact in
accordance with the |
provisions of the laws adopted in each Party's |
jurisdiction.
|
3. Any aggrieved Person, Party or the Council may commence |
a civil action in the
relevant Party's courts and |
administrative systems to compel any Person to comply
with this |
Compact should any such Person, without approval having been |
given,
undertake a New or Increased Withdrawal, Consumptive Use |
or Diversion that is
prohibited or subject to approval pursuant |
to this Compact.
|
a. No action under this subsection may be commenced if:
|
i. The Originating Party or Council approval for |
the New or Increased
Withdrawal, Consumptive Use or |
Diversion has been granted; or,
|
ii. The Originating Party or Council has found that |
|
the New or Increased
Withdrawal, Consumptive Use or |
Diversion is not subject to approval
pursuant to this |
Compact.
|
b. No action under this subsection may be commenced |
unless:
|
i. A Person commencing such action has first given |
60 days prior notice to the
Originating Party, the |
Council and Person alleged to be in noncompliance;
and,
|
ii. Neither the Originating Party nor the Council |
has commenced and is
diligently prosecuting |
appropriate enforcement actions to compel compliance
|
with this Compact.
The available remedies shall |
include equitable relief, and the prevailing or
|
substantially prevailing party may recover the costs |
of litigation, including reasonable
attorney and |
expert witness fees, whenever the court determines |
that such an award is
appropriate.
|
4. Each of the Parties may adopt provisions providing |
additional enforcement
mechanisms and remedies including |
equitable relief and civil penalties applicable
within its |
jurisdiction to assist in the implementation of this Compact.
|
ARTICLE 8 |
ADDITIONAL PROVISIONS |
Section 8.1. Effect on Existing Rights.
|
|
1. Nothing in this Compact shall be construed to affect, |
limit, diminish or impair any
rights validly established and |
existing as of the effective date of this Compact under
State |
or federal law governing the Withdrawal of Waters of the Basin.
|
2. Nothing contained in this Compact shall be construed as |
affecting or intending to
affect or in any way to interfere |
with the law of the respective Parties relating to
common law |
Water rights. |
3. Nothing in this Compact is intended to abrogate or |
derogate from treaty rights or
rights held by any Tribe |
recognized by the federal government of the United States
based |
upon its status as a Tribe recognized by the federal government |
of the United
States.
|
4. An approval by a Party or the Council under this Compact |
does not give any property
rights, nor any exclusive |
privileges, nor shall it be construed to grant or confer any
|
right, title, easement, or interest in, to or over any land |
belonging to or held in trust by
a Party; neither does it |
authorize any injury to private property or invasion of private
|
rights, nor infringement of federal, State or local laws or |
regulations; nor does it
obviate the necessity of obtaining |
federal assent when necessary.
|
Section 8.2. Relationship to Agreements Concluded by the |
United States of
America.
|
1. Nothing in this Compact is intended to provide nor shall |
|
be construed to provide,
directly or indirectly, to any Person |
any right, claim or remedy under any treaty or
international |
agreement nor is it intended to derogate any right, claim, or |
remedy that
already exists under any treaty or international |
agreement.
|
2. Nothing in this Compact is intended to infringe nor |
shall be construed to infringe
upon the treaty power of the |
United States of America, nor shall any term hereof be
|
construed to alter or amend any treaty or term thereof that has |
been or may hereafter
be executed by the United States of |
America.
|
3. Nothing in this Compact is intended to affect nor shall |
be construed to affect the
application of the Boundary Waters |
Treaty of 1909 whose requirements continue to
apply in addition |
to the requirements of this Compact. |
Section 8.3. Confidentiality. |
1. Nothing in this Compact requires a Party to breach |
confidentiality obligations or
requirements prohibiting |
disclosure, or to compromise security of commercially
|
sensitive or proprietary information.
|
2. A Party may take measures, including but not limited to |
deletion and redaction,
deemed necessary to protect any |
confidential, proprietary or commercially sensitive
|
information when distributing information to other Parties. |
The Party shall
summarize or paraphrase any such information in |
|
a manner sufficient for the Council
to exercise its authorities |
contained in this Compact.
|
Section 8.4. Additional Laws. |
Nothing in this Compact shall be construed to repeal, |
modify or qualify the authority of
any Party to enact any |
legislation or enforce any additional conditions and |
restrictions
regarding the management and regulation of Waters |
within its jurisdiction.
|
Section 8.5. Amendments and Supplements. |
The provisions of this Compact shall remain in full force |
and effect until amended by
action of the governing bodies of |
the Parties and consented to and approved by any other
|
necessary authority in the same manner as this Compact is |
required to be ratified to
become effective.
|
Section 8.6. Severability. |
Should a court of competent jurisdiction hold any part of |
this Compact to be void or
unenforceable, it shall be |
considered severable from those portions of the Compact
capable |
of continued implementation in the absence of the voided |
provisions. All other
provisions capable of continued |
implementation shall continue in full force and effect.
|
Section 8.7. Duration of Compact and Termination. |
|
Once effective, the Compact shall continue in force and |
remain binding upon each and
every Party unless terminated.
|
This Compact may be terminated at any time by a majority vote |
of the Parties. In the
event of such termination, all rights |
established under it shall continue unimpaired.
|
ARTICLE 9 |
EFFECTUATION |
Section 9.1. Repealer. |
All Acts and parts of Acts inconsistent with this Act are |
to the extent of such inconsistency
hereby repealed.
|
Section 9.2. Effectuation by Chief Executive. |
The Governor is authorized to take such action as may be |
necessary and proper in his or
her discretion to effectuate the |
Compact and the initial organization and operation
thereunder.
|
Section 9.3. Entire Agreement. |
The Parties consider this Compact to be complete and an |
integral whole. Each provision
of this Compact is considered |
material to the entire Compact, and failure to implement or
|
adhere to any provision may be considered a material breach. |
Unless otherwise noted in
this Compact, any change or amendment |
made to the Compact by any Party in its
implementing |
legislation or by the U.S. Congress when giving its consent to |
|
this
Compact is not considered effective unless concurred in by |
all Parties.
|
Section 9.4. Effective Date and Execution. |
This Compact shall become binding and effective when |
ratified through concurring
legislation by the states of |
Illinois, Indiana, Michigan, Minnesota, New York, Ohio and
|
Wisconsin and the Commonwealth of Pennsylvania and consented to |
by the Congress of
the United States. This Compact shall be |
signed and sealed in nine identical original
copies by the |
respective chief executives of the signatory Parties. One such |
copy shall be
filed with the Secretary of State of each of the |
signatory Parties or in accordance with the
laws of the state |
in which the filing is made, and one copy shall be filed and |
retained in
the archives of the Council upon its organization. |
The signatures shall be affixed and
attested under the |
following form:
|
In Witness Whereof, and in evidence of the adoption and |
enactment into law of this
Compact by the legislatures of |
the signatory parties and consent by the Congress of the
|
United States, the respective Governors do hereby, in |
accordance with the authority
conferred by law, sign this |
Compact in nine duplicate original copies, attested by the
|
respective Secretaries of State, and have caused the seals |
of the respective states to be
hereunto affixed this____ |
day of ( month ), ( year ).
|