[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6577 Reported in House (RH)]

                                                 Union Calendar No. 560
110th CONGRESS
  2d Session
                                H. R. 6577

                          [Report No. 110-863]

   To express the consent and approval of Congress to an interstate 
compact regarding water resources in the Great Lakes-St. Lawrence River 
                                 Basin.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 23, 2008

Mr. Oberstar (for himself, Mr. LaTourette, Mr. Conyers, Mr. Ehlers, Mr. 
 Higgins, Mr. English of Pennsylvania, Ms. Sutton, Mr. Sensenbrenner, 
  Mr. Ryan of Ohio, Mrs. Miller of Michigan, Ms. Baldwin, Mr. Camp of 
 Michigan, Ms. Kaptur, Mr. Petri, Mrs. Jones of Ohio, Mr. Emanuel, Mr. 
Kagen, Mr. Lipinski, Mr. Nadler, Mr. Visclosky, Ms. Moore of Wisconsin, 
Mr. Obey, Mr. Levin, Mr. Rogers of Michigan, Mr. Kirk, Mr. Dingell, and 
 Mr. Kildee) introduced the following bill; which was referred to the 
                       Committee on the Judiciary

                           September 22, 2008

   Additional sponsors: Ms. Slaughter, Mr. McCotter, Mr. Upton, Mr. 
 Knollenberg, Ms. Kilpatrick, Mr. Ackerman, Mrs. Maloney of New York, 
Mr. Wilson of Ohio, Mr. Costello, Mr. Hoekstra, Mr. Reynolds, Mr. Kind, 
Mr. McHugh, Mr. Donnelly, Mr. Ryan of Wisconsin, Mr. Walsh of New York, 
  Mr. Hinchey, Mr. Arcuri, Mr. Walberg, Mr. Kuhl of New York, and Mr. 
                                 Tiberi

                           September 22, 2008

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed

_______________________________________________________________________

                                 A BILL


 
   To express the consent and approval of Congress to an interstate 
compact regarding water resources in the Great Lakes-St. Lawrence River 
                                 Basin.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. CONSENT OF CONGRESS.

    (a) In General.--The consent and approval of Congress is given to 
the Great Lakes-St. Lawrence River Basin Water Resources Compact 
entered into between the States of Illinois, Indiana, Michigan, 
Minnesota, New York, Ohio, and Wisconsin, and the Commonwealth of 
Pennsylvania, as set out in subsection (b).
    (b) Compact.--The compact reads substantially as follows:

                              ``AGREEMENT

    ``Section 1. The states of Illinois, Indiana, Michigan, Minnesota, 
New York, Ohio and Wisconsin and the Commonwealth of Pennsylvania 
hereby solemnly covenant and agree with each other, upon enactment of 
concurrent legislation by the respective state legislatures and consent 
by the Congress of the United States as follows:

     ``GREAT LAKES-ST. LAWRENCE RIVER BASIN WATER RESOURCES COMPACT

                              ``ARTICLE 1

           ``SHORT TITLE, DEFINITIONS, PURPOSES AND DURATION

``Section 1.1. Short Title. This act shall be known and may be cited as 
the ``Great Lakes-St. Lawrence River Basin Water Resources Compact''.
``Section 1.2. Definitions. For the purposes of this Compact, and of 
any supplemental or concurring legislation enacted pursuant thereto, 
except as may be otherwise required by the context:
    ```Adaptive Management' means a Water resources management system 
that provides a systematic process for evaluation, monitoring and 
learning from the outcomes of operational programs and adjustment of 
policies, plans and programs based on experience and the evolution of 
scientific knowledge concerning Water resources and Water Dependent 
Natural Resources.
    ```Agreement' means the Great Lakes-St. Lawrence River Basin 
Sustainable Water Resources Agreement.
    ```Applicant' means a Person who is required to submit a Proposal 
that is subject to management and regulation under this Compact. 
`Application' has a corresponding meaning.
    ```Basin' or `Great Lakes-St. Lawrence River Basin' means the 
watershed of the Great Lakes and the St. Lawrence River upstream from 
Trois-Rivieres, Quebec within the jurisdiction of the Parties.
    ```Basin Ecosystem' or `Great Lakes-St. Lawrence River Basin 
Ecosystem' means the interacting components of air, land, Water and 
living organisms, including humankind, within the Basin.
    ```Community within a Straddling County' means any incorporated 
city, town or the equivalent thereof, that is located outside the Basin 
but wholly within a County that lies partly within the Basin and that 
is not a Straddling Community.
    ```Compact' means this Compact.
    ```Consumptive Use' means that portion of the Water Withdrawn or 
withheld from the Basin that is lost or otherwise not returned to the 
Basin due to evaporation, incorporation into Products, or other 
processes.
    ```Council' means the Great Lakes-St. Lawrence River Basin Water 
Resources Council, created by this Compact.
    ```Council Review' means the collective review by the Council 
members as described in Article 4 of this Compact.
    ```County' means the largest territorial division for local 
government in a State. The County boundaries shall be defined as those 
boundaries that exist as of December 13, 2005.
    ```Cumulative Impacts' means the impact on the Basin Ecosystem that 
results from incremental effects of all aspects of a Withdrawal, 
Diversion or Consumptive Use in addition to other past, present, and 
reasonably foreseeable future Withdrawals, Diversions and Consumptive 
Uses regardless of who undertakes the other Withdrawals, Diversions and 
Consumptive Uses. Cumulative Impacts can result from individually minor 
but collectively significant Withdrawals, Diversions and Consumptive 
Uses taking place over a period of time.
    ```Decision-Making Standard' means the decision-making standard 
established by Section 4.11 for Proposals subject to management and 
regulation in Section 4.10.
    ```Diversion' means a transfer of Water from the Basin into another 
watershed, or from the watershed of one of the Great Lakes into that of 
another by any means of transfer, including but not limited to a 
pipeline, canal, tunnel, aqueduct, channel, modification of the 
direction of a water course, a tanker ship, tanker truck or rail tanker 
but does not apply to Water that is used in the Basin or a Great Lake 
watershed to manufacture or produce a Product that is then transferred 
out of the Basin or watershed. `Divert' has a corresponding meaning.
    ```Environmentally Sound and Economically Feasible Water 
Conservation Measures' means those measures, methods, technologies or 
practices for efficient water use and for reduction of water loss and 
waste or for reducing a Withdrawal, Consumptive Use or Diversion that 
i) are environmentally sound, ii) reflect best practices applicable to 
the water use sector, iii) are technically feasible and available, iv) 
are economically feasible and cost effective based on an analysis that 
considers direct and avoided economic and environmental costs and v) 
consider the particular facilities and processes involved, taking into 
account the environmental impact, age of equipment and facilities 
involved, the processes employed, energy impacts and other appropriate 
factors.
    ```Exception' means a transfer of Water that is excepted under 
Section 4.9 from the prohibition against Diversions in Section 4.8.
    ```Exception Standard' means the standard for Exceptions 
established in Section 4.9.4.
    ```Intra-Basin Transfer' means the transfer of Water from the 
watershed of one of the Great Lakes into the watershed of another Great 
Lake.
    ```Measures' means any legislation, law, regulation, directive, 
requirement, guideline, program, policy, administrative practice or 
other procedure.
    ```New or Increased Diversion' means a new Diversion, an increase 
in an existing Diversion, or the alteration of an existing Withdrawal 
so that it becomes a Diversion.
    ```New or Increased Withdrawal or Consumptive Use' means a new 
Withdrawal or Consumptive Use or an increase in an existing Withdrawal 
or Consumptive Use.
    ```Originating Party' means the Party within whose jurisdiction an 
Application or registration is made or required.
    ```Party' means a State party to this Compact.
    ```Person' means a human being or a legal person, including a 
government or a nongovernmental organization, including any scientific, 
professional, business, non-profit, or public interest organization or 
association that is neither affiliated with, nor under the direction of 
a government.
    ```Product' means something produced in the Basin by human or 
mechanical effort or through agricultural processes and used in 
manufacturing, commercial or other processes or intended for 
intermediate or end use consumers. (i) Water used as part of the 
packaging of a Product shall be considered to be part of the Product. 
(ii) Other than Water used as part of the packaging of a Product, Water 
that is used primarily to transport materials in or out of the Basin is 
not a Product or part of a Product. (iii) Except as provided in (i) 
above, Water which is transferred as part of a public or private supply 
is not a Product or part of a Product. (iv) Water in its natural state 
such as in lakes, rivers, reservoirs, aquifers, or water basins is not 
a Product.
    ```Proposal' means a Withdrawal, Diversion or Consumptive Use of 
Water that is subject to this Compact.
    ```Province' means Ontario or Quebec.
    ```Public Water Supply Purposes' means water distributed to the 
public through a physically connected system of treatment, storage and 
distribution facilities serving a group of largely residential 
customers that may also serve industrial, commercial, and other 
institutional operators. Water Withdrawn directly from the Basin and 
not through such a system shall not be considered to be used for Public 
Water Supply Purposes.
    ```Regional Body' means the members of the Council and the Premiers 
of Ontario and Quebec or their designee as established by the 
Agreement.
    ```Regional Review' means the collective review by the Regional 
Body as described in Article 4 of this Compact.
    ```Source Watershed' means the watershed from which a Withdrawal 
originates. If Water is Withdrawn directly from a Great Lake or from 
the St. Lawrence River, then the Source Watershed shall be considered 
to be the watershed of that Great Lake or the watershed of the St. 
Lawrence River, respectively. If Water is Withdrawn from the watershed 
of a stream that is a direct tributary to a Great Lake or a direct 
tributary to the St. Lawrence River, then the Source Watershed shall be 
considered to be the watershed of that Great Lake or the watershed of 
the St. Lawrence River, respectively, with a preference to the direct 
tributary stream watershed from which it was Withdrawn.
    ```Standard of Review and Decision' means the Exception Standard, 
Decision-Making Standard and reviews as outlined in Article 4 of this 
Compact.
    ```State' means one of the states of Illinois, Indiana, Michigan, 
Minnesota, New York, Ohio or Wisconsin or the Commonwealth of 
Pennsylvania.
    ```Straddling Community' means any incorporated city, town or the 
equivalent thereof, wholly within any County that lies partly or 
completely within the Basin, whose corporate boundary existing as of 
the effective date of this Compact, is partly within the Basin or 
partly within two Great Lakes watersheds.
    ```Technical Review' means a detailed review conducted to determine 
whether or not a Proposal that requires Regional Review under this 
Compact meets the Standard of Review and Decision following procedures 
and guidelines as set out in this Compact.
    ```Water' means ground or surface water contained within the Basin.
    ```Water Dependent Natural Resources' means the interacting 
components of land, Water and living organisms affected by the Waters 
of the Basin.
    ```Waters of the Basin or Basin Water' means the Great Lakes and 
all streams, rivers, lakes, connecting channels and other bodies of 
water, including tributary groundwater, within the Basin.
    ```Withdrawal' means the taking of water from surface water or 
groundwater. `Withdraw' has a corresponding meaning.
``Section 1.3. Findings and Purposes.
    ``The legislative bodies of the respective Parties hereby find and 
declare:
            ``1. Findings:
                    ``a. The Waters of the Basin are precious public 
                natural resources shared and held in trust by the 
                States;
                    ``b. The Waters of the Basin are interconnected and 
                part of a single hydrologic system;
                    ``c. The Waters of the Basin can concurrently serve 
                multiple uses. Such multiple uses include municipal, 
                public, industrial, commercial, agriculture, mining, 
                navigation, energy development and production, 
                recreation, the subsistence, economic and cultural 
                activities of native peoples, Water quality 
                maintenance, and the maintenance of fish and wildlife 
                habitat and a balanced ecosystem. And, other purposes 
                are encouraged, recognizing that such uses are 
                interdependent and must be balanced;
                    ``d. Future Diversions and Consumptive Uses of 
                Basin Water resources have the potential to 
                significantly impact the environment, economy and 
                welfare of the Great Lakes-St. Lawrence River region;
                    ``e. Continued sustainable, accessible and adequate 
                Water supplies for the people and economy of the Basin 
                are of vital importance; and,
                    ``f. The Parties have a shared duty to protect, 
                conserve, restore, improve and manage the renewable but 
                finite Waters of the Basin for the use, benefit and 
                enjoyment of all their citizens, including generations 
                yet to come. The most effective means of protecting, 
                conserving, restoring, improving and managing the Basin 
                Waters is through the joint pursuit of unified and 
                cooperative principles, policies and programs mutually-
                agreed upon, enacted and adhered to by all Parties.
    ``2. Purposes:
            ``a. To act together to protect, conserve, restore, improve 
        and effectively manage the Waters and Water Dependent Natural 
        Resources of the Basin under appropriate arrangements for 
        intergovernmental cooperation and consultation because current 
        lack of full scientific certainty should not be used as a 
        reason for postponing measures to protect the Basin Ecosystem;
            ``b. To remove causes of present and future controversies;
            ``c. To provide for cooperative planning and action by the 
        Parties with respect to such Water resources;
            ``d. To facilitate consistent approaches to Water 
        management across the Basin while retaining State management 
        authority over Water management decisions within the Basin;
            ``e. To facilitate the exchange of data, strengthen the 
        scientific information base upon which decisions are made and 
        engage in consultation on the potential effects of proposed 
        Withdrawals and losses on the Waters and Water Dependent 
        Natural Resources of the Basin;
            ``f. To prevent significant adverse impacts of Withdrawals 
        and losses on the Basin's ecosystems and watersheds;
            ``g. To promote interstate and State-Provincial comity; 
        and,
            ``h. To promote an Adaptive Management approach to the 
        conservation and management of Basin Water resources, which 
        recognizes, considers and provides adjustments for the 
        uncertainties in, and evolution of, scientific knowledge 
        concerning the Basin's Waters and Water Dependent Natural 
        Resources.
``Section 1.4. Science.
    ``1. The Parties commit to provide leadership for the development 
of a collaborative strategy with other regional partners to strengthen 
the scientific basis for sound Water management decision making under 
this Compact.
    ``2. The strategy shall guide the collection and application of 
scientific information to support:
            ``a. An improved understanding of the individual and 
        Cumulative Impacts of Withdrawals from various locations and 
        Water sources on the Basin Ecosystem and to develop a mechanism 
        by which impacts of Withdrawals may be assessed;
            ``b. The periodic assessment of Cumulative Impacts of 
        Withdrawals, Diversions and Consumptive Uses on a Great Lake 
        and St. Lawrence River watershed basis;
            ``c. Improved scientific understanding of the Waters of the 
        Basin;
            ``d. Improved understanding of the role of groundwater in 
        Basin Water resources management; and,
            ``e. The development, transfer and application of science 
        and research related to Water conservation and Water use 
        efficiency.

                              ``ARTICLE 2

                             ``ORGANIZATION

``Section 2.1. Council Created.
    ``The Great Lakes-St. Lawrence River Basin Water Resources Council 
is hereby created as a body politic and corporate, with succession for 
the duration of this Compact, as an agency and instrumentality of the 
governments of the respective Parties.
``Section 2.2. Council Membership.
    ``The Council shall consist of the Governors of the Parties, ex 
officio.
``Section 2.3. Alternates.
    ``Each member of the Council shall appoint at least one alternate 
who may act in his or her place and stead, with authority to attend all 
meetings of the Council and with power to vote in the absence of the 
member. Unless otherwise provided by law of the Party for which he or 
she is appointed, each alternate shall serve during the term of the 
member appointing him or her, subject to removal at the pleasure of the 
member. In the event of a vacancy in the office of alternate, it shall 
be filled in the same manner as an original appointment for the 
unexpired term only.
``Section 2.4. Voting.
    ``1. Each member is entitled to one vote on all matters that may 
come before the Council.
    ``2. Unless otherwise stated, the rule of decision shall be by a 
simple majority.
    ``3. The Council shall annually adopt a budget for each fiscal year 
and the amount required to balance the budget shall be apportioned 
equitably among the Parties by unanimous vote of the Council. The 
appropriation of such amounts shall be subject to such review and 
approval as may be required by the budgetary processes of the 
respective Parties.
    ``4. The participation of Council members from a majority of the 
Parties shall constitute a quorum for the transaction of business at 
any meeting of the Council.
``Section 2.5. Organization and Procedure.
    ``The Council shall provide for its own organization and procedure, 
and may adopt rules and regulations governing its meetings and 
transactions, as well as the procedures and timeline for submission, 
review and consideration of Proposals that come before the Council for 
its review and action. The Council shall organize, annually, by the 
election of a Chair and Vice Chair from among its members. Each member 
may appoint an advisor, who may attend all meetings of the Council and 
its committees, but shall not have voting power. The Council may employ 
or appoint professional and administrative personnel, including an 
Executive Director, as it may deem advisable, to carry out the purposes 
of this Compact.
``Section 2.6. Use of Existing Offices and Agencies.
    ``It is the policy of the Parties to preserve and utilize the 
functions, powers and duties of existing offices and agencies of 
government to the extent consistent with this Compact. Further, the 
Council shall promote and aid the coordination of the activities and 
programs of the Parties concerned with Water resources management in 
the Basin. To this end, but without limitation, the Council may:
            ``1. Advise, consult, contract, assist or otherwise 
        cooperate with any and all such agencies;
            ``2. Employ any other agency or instrumentality of any of 
        the Parties for any purpose; and,
            ``3. Develop and adopt plans consistent with the Water 
        resources plans of the Parties.
``Section 2.7. Jurisdiction.
    ``The Council shall have, exercise and discharge its functions, 
powers and duties within the limits of the Basin. Outside the Basin, it 
may act in its discretion, but only to the extent such action may be 
necessary or convenient to effectuate or implement its powers or 
responsibilities within the Basin and subject to the consent of the 
jurisdiction wherein it proposes to act.
``Section 2.8. Status, Immunities and Privileges.
    ``1. The Council, its members and personnel in their official 
capacity and when engaged directly in the affairs of the Council, its 
property and its assets, wherever located and by whomsoever held, shall 
enjoy the same immunity from suit and every form of judicial process as 
is enjoyed by the Parties, except to the extent that the Council may 
expressly waive its immunity for the purposes of any proceedings or by 
the terms of any contract.
    ``2. The property and assets of the Council, wherever located and 
by whomsoever held, shall be considered public property and shall be 
immune from search, requisition, confiscation, expropriation or any 
other form of taking or foreclosure by executive or legislative action.
    ``3. The Council, its property and its assets, income and the 
operations it carries out pursuant to this Compact shall be immune from 
all taxation by or under the authority of any of the Parties or any 
political subdivision thereof; provided, however, that in lieu of 
property taxes the Council may make reasonable payments to local taxing 
districts in annual amounts which shall approximate the taxes lawfully 
assessed upon similar property.
``Section 2.9. Advisory Committees.
    ``The Council may constitute and empower advisory committees, which 
may be comprised of representatives of the public and of federal, 
State, tribal, county and local governments, water resources agencies, 
water-using industries and sectors, water-interest groups and academic 
experts in related fields.

                              ``ARTICLE 3

                      ``GENERAL POWERS AND DUTIES

``Section 3.1. General.
    ``The Waters and Water Dependent Natural Resources of the Basin are 
subject to the sovereign right and responsibilities of the Parties, and 
it is the purpose of this Compact to provide for joint exercise of such 
powers of sovereignty by the Council in the common interests of the 
people of the region, in the manner and to the extent provided in this 
Compact. The Council and the Parties shall use the Standard of Review 
and Decision and procedures contained in or adopted pursuant to this 
Compact as the means to exercise their authority under this Compact. 
The Council may revise the Standard of Review and Decision, after 
consultation with the Provinces and upon unanimous vote of all Council 
members, by regulation duly adopted in accordance with Section 3.3 of 
this Compact and in accordance with each Party's respective statutory 
authorities and applicable procedures. The Council shall identify 
priorities and develop plans and policies relating to Basin Water 
resources. It shall adopt and promote uniform and coordinated policies 
for Water resources conservation and management in the Basin.
``Section 3.2. Council Powers.
    ``The Council may: plan; conduct research and collect, compile, 
analyze, interpret, report and disseminate data on Water resources and 
uses; forecast Water levels; conduct investigations; institute court 
actions; design, acquire, construct, reconstruct, own, operate, 
maintain, control, sell and convey real and personal property and any 
interest therein as it may deem necessary, useful or convenient to 
carry out the purposes of this Compact; make contracts; receive and 
accept such payments, appropriations, grants, gifts, loans, advances 
and other funds, properties and services as may be transferred or made 
available to it by any Party or by any other public or private agency, 
corporation or individual; and, exercise such other and different 
powers as may be delegated to it by this Compact or otherwise pursuant 
to law, and have and exercise all powers necessary or convenient to 
carry out its express powers or which may be reasonably implied 
therefrom.
``Section 3.3. Rules and Regulations.
    ``1. The Council may promulgate and enforce such rules and 
regulations as may be necessary for the implementation and enforcement 
of this Compact. The Council may adopt by regulation, after public 
notice and public hearing, reasonable Application fees with respect to 
those Proposals for Exceptions that are subject to Council review under 
Section 4.9. Any rule or regulation of the Council, other than one 
which deals solely with the internal management of the Council or its 
property, shall be adopted only after public notice and hearing.
    ``2. Each Party, in accordance with its respective statutory 
authorities and applicable procedures, may adopt and enforce rules and 
regulations to implement and enforce this Compact and the programs 
adopted by such Party to carry out the management programs contemplated 
by this Compact.
``Section 3.4. Program Review and Findings.
    ``1. Each Party shall submit a report to the Council and the 
Regional Body detailing its Water management and conservation and 
efficiency programs that implement this Compact. The report shall set 
out the manner in which Water Withdrawals are managed by sector, Water 
source, quantity or any other means, and how the provisions of the 
Standard of Review and Decision and conservation and efficiency 
programs are implemented. The first report shall be provided by each 
Party one year from the effective date of this Compact and thereafter 
every 5 years.
    ``2. The Council, in cooperation with the Provinces, shall review 
its Water management and conservation and efficiency programs and those 
of the Parties that are established in this Compact and make findings 
on whether the Water management program provisions in this Compact are 
being met, and if not, recommend options to assist the Parties in 
meeting the provisions of this Compact. Such review shall take place:
            ``a. 30 days after the first report is submitted by all 
        Parties; and,
            ``b. Every five years after the effective date of this 
        Compact; and,
            ``c. At any other time at the request of one of the 
        Parties.
    ``3. As one of its duties and responsibilities, the Council may 
recommend a range of approaches to the Parties with respect to the 
development, enhancement and application of Water management and 
conservation and efficiency programs to implement the Standard of 
Review and Decision reflecting improved scientific understanding of the 
Waters of the Basin, including groundwater, and the impacts of 
Withdrawals on the Basin Ecosystem.

                              ``ARTICLE 4

                   ``WATER MANAGEMENT AND REGULATION

``Section 4.1. Water Resources Inventory, Registration and Reporting.
    ``1. Within five years of the effective date of this Compact, each 
Party shall develop and maintain a Water resources inventory for the 
collection, interpretation, storage, retrieval exchange, and 
dissemination of information concerning the Water resources of the 
Party, including, but not limited to, information on the location, 
type, quantity, and use of those resources and the location, type, and 
quantity of Withdrawals, Diversions and Consumptive Uses. To the extent 
feasible, the Water resources inventory shall be developed in 
cooperation with local, State, federal, tribal and other private 
agencies and entities, as well as the Council. Each Party's agencies 
shall cooperate with that Party in the development and maintenance of 
the inventory.
    ``2. The Council shall assist each Party to develop a common base 
of data regarding the management of the Water Resources of the Basin 
and to establish systematic arrangements for the exchange of those data 
with other States and Provinces.
    ``3. To develop and maintain a compatible base of Water use 
information, within five years of the effective date of this Compact 
any Person who Withdraws Water in an amount of 100,000 gallons per day 
or greater average in any 30-day period (including Consumptive Uses) 
from all sources, or Diverts Water of any amount, shall register the 
Withdrawal or Diversion by a date set by the Council unless the Person 
has previously registered in accordance with an existing State program. 
The Person shall register the Withdrawal or Diversion with the 
Originating Party using a form prescribed by the Originating Party that 
shall include, at a minimum and without limitation: the name and 
address of the registrant and date of registration; the locations and 
sources of the Withdrawal or Diversion; the capacity of the Withdrawal 
or Diversion per day and the amount Withdrawn or Diverted from each 
source; the uses made of the Water; places of use and places of 
discharge; and, such other information as the Originating Party may 
require. All registrations shall include an estimate of the volume of 
the Withdrawal or Diversion in terms of gallons per day average in any 
30-day period.
    ``4. All registrants shall annually report the monthly volumes of 
the Withdrawal, Consumptive Use and Diversion in gallons to the 
Originating Party and any other information requested by the 
Originating Party.
    ``5. Each Party shall annually report the information gathered 
pursuant to this Section to a Great Lakes-St. Lawrence River Water use 
data base repository and aggregated information shall be made publicly 
available, consistent with the confidentiality requirements in Section 
8.3.
    ``6. Information gathered by the Parties pursuant to this Section 
shall be used to improve the sources and applications of scientific 
information regarding the Waters of the Basin and the impacts of the 
Withdrawals and Diversions from various locations and Water sources on 
the Basin Ecosystem, and to better understand the role of groundwater 
in the Basin. The Council and the Parties shall coordinate the 
collection and application of scientific information to further develop 
a mechanism by which individual and Cumulative Impacts of Withdrawals, 
Consumptive Uses and Diversions shall be assessed.
``Section 4.2. Water Conservation and Efficiency Programs.
    ``1. The Council commits to identify, in cooperation with the 
Provinces, Basin-wide Water conservation and efficiency objectives to 
assist the Parties in developing their Water conservation and 
efficiency program. These objectives are based on the goals of:
            ``a. Ensuring improvement of the Waters and Water Dependent 
        Natural Resources;
            ``b. Protecting and restoring the hydrologic and ecosystem 
        integrity of the Basin;
            ``c. Retaining the quantity of surface water and 
        groundwater in the Basin;
            ``d. Ensuring sustainable use of Waters of the Basin; and,
            ``e. Promoting the efficiency of use and reducing losses 
        and waste of Water.
    ``2. Within two years of the effective date of this Compact, each 
Party shall develop its own Water conservation and efficiency goals and 
objectives consistent with the Basin-wide goals and objectives, and 
shall develop and implement a Water conservation and efficiency 
program, either voluntary or mandatory, within its jurisdiction based 
on the Party's goals and objectives. Each Party shall annually assess 
its programs in meeting the Party's goals and objectives, report to the 
Council and the Regional Body and make this annual assessment available 
to the public.
    ``3. Beginning five years after the effective date of this Compact, 
and every five years thereafter, the Council, in cooperation with the 
Provinces, shall review and modify as appropriate the Basin-wide 
objectives, and the Parties shall have regard for any such 
modifications in implementing their programs. This assessment will be 
based on examining new technologies, new patterns of Water use, new 
resource demands and threats, and the 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 Quebec, with 
respect to the proposed modification, use best efforts to facilitate 
the appropriate participation of said Provinces in the proceedings to 
modify the decree, and shall not unreasonably impede or restrict such 
participation.
    ``3. With the exception of Paragraph 5 of this Section, because 
current, New or Increased Withdrawals, Consumptive Uses and Diversions 
of Basin Water by the State of Illinois are not subject to the terms of 
this Compact, the State of Illinois is prohibited from using any term 
of this Compact, including Section 4.9, to seek New or Increased 
Withdrawals, Consumptive Uses or Diversions of Basin Water.
    ``4. With the exception of Paragraph 5 of this Section, because 
Sections 4.3, 4.4, 4.5, 4.6, 4.7, 4.8, 4.9, 4.10, 4.11, 4.12 
(Paragraphs 1, 2, 3, 4, 6 and 10 only), and 4.13 of this Compact all 
relate to current, New or Increased Withdrawals, Consumptive Uses and 
Diversions of Basin Waters, said provisions do not apply to the State 
of Illinois. All other provisions of this Compact not listed in the 
preceding sentence shall apply to the State of Illinois, including the 
Water Conservation Programs provision of Section 4.2.
    ``5. In the event of a Proposal for a Diversion of Basin Water for 
use outside the territorial boundaries of the Parties to this Compact, 
decisions by the State of Illinois regarding such a Proposal would be 
subject to all terms of this Compact, except Paragraphs 1, 3 and 4 of 
this Section.
    ``6. For purposes of the State of Illinois' participation in this 
Compact, the entirety of this Section 4.14 is necessary for the 
continued implementation of this Compact and, if severed, this Compact 
shall no longer be binding on or enforceable by or against the State of 
Illinois.
``Section 4.15. Assessment of Cumulative Impacts.
    ``1. The Parties in cooperation with the Provinces shall 
collectively conduct within the Basin, on a Lake watershed and St. 
Lawrence River Basin basis, a periodic assessment of the Cumulative 
Impacts of Withdrawals, Diversions and Consumptive Uses from the Waters 
of the Basin, every 5 years or each time the incremental Basin Water 
losses reach 50 million gallons per day average in any 90-day period in 
excess of the quantity at the time of the most recent assessment, 
whichever comes first, or at the request of one or more of the Parties. 
The assessment shall form the basis for a review of the Standard of 
Review and Decision, Council and Party regulations and their 
application. This assessment shall:
            ``a. Utilize the most current and appropriate guidelines 
        for such a review, which may include but not be limited to 
        Council on Environmental Quality and Environment Canada 
        guidelines;
            ``b. Give substantive consideration to climate change or 
        other significant threats to Basin Waters and take into account 
        the current state of scientific knowledge, or uncertainty, and 
        appropriate Measures to exercise caution in cases of 
        uncertainty if serious damage may result;
            ``c. Consider adaptive management principles and 
        approaches, recognizing, considering and providing adjustments 
        for the uncertainties in, and evolution of science concerning 
        the Basin's water resources, watersheds and ecosystems, 
        including potential changes to Basin-wide processes, such as 
        lake level cycles and climate.
    ``2. The Parties have the responsibility of conducting this 
Cumulative Impact assessment. Applicants are not required to 
participate in this assessment.
    ``3. Unless required by other statutes, Applicants are not required 
to conduct a separate cumulative impact assessment in connection with 
an Application but shall submit information about the potential impacts 
of a Proposal to the quantity or quality of the Waters and Water 
Dependent Natural Resources of the applicable Source Watershed. An 
Applicant may, however, provide an analysis of how their Proposal meets 
the no significant adverse Cumulative Impact provision of the Standard 
of Review and Decision.

                              ``ARTICLE 5

                         ``TRIBAL CONSULTATION

``Section 5.1. Consultation with Tribes.
    ``1. In addition to all other opportunities to comment pursuant to 
Section 6.2, appropriate consultations shall occur with federally 
recognized Tribes in the Originating Party for all Proposals subject to 
Council or Regional Review pursuant to this Compact. Such consultations 
shall be organized in the manner suitable to the individual Proposal 
and the laws and policies of the Originating Party.
    ``2. All federally recognized Tribes within the Basin shall receive 
reasonable notice indicating that they have an opportunity to comment 
in writing to the Council or the Regional Body, or both, and other 
relevant organizations on whether the Proposal meets the requirements 
of the Standard of Review and Decision when a Proposal is subject to 
Regional Review or Council approval. Any notice from the Council shall 
inform the Tribes of any meeting or hearing that is to be held under 
Section 6.2 and invite them to attend. The Parties and the Council 
shall consider the comments received under this Section before 
approving, approving with modifications or disapproving any Proposal 
subject to Council or Regional Review.
    ``3. In addition to the specific consultation mechanisms described 
above, the Council shall seek to establish mutually-agreed upon 
mechanisms or processes to facilitate dialogue with, and input from 
federally recognized Tribes on matters to be dealt with by the Council; 
and, the Council shall seek to establish mechanisms and processes with 
federally recognized Tribes designed to facilitate on-going scientific 
and technical interaction and data exchange regarding matters falling 
within the scope of this Compact. This may include participation of 
tribal representatives on advisory committees established under this 
Compact or such other processes that are mutually-agreed upon with 
federally recognized Tribes individually or through duly-authorized 
intertribal agencies or bodies.

                              ``ARTICLE 6

                         ``PUBLIC PARTICIPATION

``Section 6.1. Meetings, Public Hearings and Records.
    ``1. The Parties recognize the importance and necessity of public 
participation in promoting management of the Water Resources of the 
Basin. Consequently, all meetings of the Council shall be open to the 
public, except with respect to issues of personnel.
    ``2. The minutes of the Council shall be a public record open to 
inspection at its offices during regular business hours.
``Section 6.2. Public Participation.
    ``It is the intent of the Council to conduct public participation 
processes concurrently and jointly with processes undertaken by the 
Parties and through Regional Review. To ensure adequate public 
participation, each Party or the Council shall ensure procedures for 
the review of Proposals subject to the Standard of Review and Decision 
consistent with the following requirements:
            ``1. Provide public notification of receipt of all 
        Applications and a reasonable opportunity for the public to 
        submit comments before Applications are acted upon.
            ``2. Assure public accessibility to all documents relevant 
        to an Application, including public comment received.
            ``3. Provide guidance on standards for determining whether 
        to conduct a public meeting 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).''.

SEC. 2. RIGHT TO ALTER, AMEND, OR APPEAL.

    Congress expressly reserves the right to alter, amend, or repeal 
this Act.
                                                 Union Calendar No. 560

110th CONGRESS

  2d Session

                               H. R. 6577

                          [Report No. 110-863]

_______________________________________________________________________

                                 A BILL

   To express the consent and approval of Congress to an interstate 
compact regarding water resources in the Great Lakes-St. Lawrence River 
                                 Basin.

_______________________________________________________________________

                           September 22, 2008

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed