I 111th CONGRESS 2d Session H. R. 6006 IN THE HOUSE OF REPRESENTATIVES July 30, 2010 Mr. Kucinich introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To affirm that waters of the Great Lakes Basin are impressed with a public trust and managed consistent with public trust principles and other standards to protect the navigational, conservation, and public interests in such waters, to provide for enforcement, and for other purposes.

1.

Protecting water resources in the Great Lakes

(a)

Amendments to Findings

Section 1109(a) of the Water Resources Development Act of 1986 (42 U.S.C. 1962d–20(a)) is amended— (1)in paragraph (1) by striking the Great Lakes are a most important natural resource and inserting the Great Lakes and the waters of the Great Lakes Basin are impressed with a public trust and are critical; (2)by redesignating paragraphs (2) through (4) as paragraphs (3) through (5); and (3)by inserting after paragraph (1) the following: (2)the Great Lakes, their connecting waters, tributary streams, lakes, and groundwater are a single hydrologic system which must be protected, conserved, and maintained as a whole; . (b)

Amendments to Purpose and Policy

Section 1109(b) of such Act (42 U.S.C. 1962d–20(b)) is amended— (1)in paragraph (2) by striking water conservation and and inserting water conservation, public trust, maintaining flows and levels of navigable waters, and water; (2)in paragraph (3)— (A)by striking diversion both places it appears and inserting diversion or export; and (B)by striking ; and and inserting in accordance and consistent with the mechanism, standard, and principles described in paragraph (2);; (3)in paragraph (4) by striking the period at the end and inserting ; and; and (4)by adding at the end the following: (5)to provide for the enforcement of the prohibitions and requirements of this section. . (c)

Other technical and conforming amendments

Section 1109(d) of such Act (42 U.S.C. 1962d–20(d)) is amended— (1)by striking tributary and inserting tributary, including tributary groundwater,; and (2)by striking the period at the end and inserting in accordance and consistent with the mechanism, standard, and principles described in subsection (b)(2). (d)

Civil suit provision

Section 1109 of such Act (42 U.S.C. 1962d–20) is amended— (1)by redesignating subparagraph (f) as subparagraph (g); and (2)by inserting after subparagraph (e) the following: (f)The prohibition on any diversion or export of water under subsection (d) may be enforced through a civil suit filed by the Federal Government, a State or local government, or by any person or organization whose property or other legally recognized interest will be adversely affected. The proper venue for the civil suit shall be the Federal judicial district with jurisdiction over any portion of the Great Lakes Basin and from which the diversion or export of water will occur or has occurred. The court may award attorney fees, expert witness fees, and costs as the interests of justice may require. .