[Congressional Record Volume 154, Number 121 (Wednesday, July 23, 2008)]
[Senate]
[Pages S7170-S7177]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEVIN (for himself, Mr. Voinovich, Mr. Bayh, Mr. Brown, 
        Mr. Casey, Mrs. Clinton, Mr. Coleman, Mr. Durbin, Mr. Feingold, 
        Ms. Klobuchar, Mr. Kohl, Mr. Lugar, Mr. Obama, Ms. Stabenow, 
        and Mr. Schumer):
  S.J. Res. 45. A joint resolution expressing the consent and approval 
of Congress to an inter-state compact regarding water resources in the 
Great Lakes--St. Lawrence River Basin; to the Committee on the 
Judiciary.
  Mr. LEVIN. Mr. President, in 1831, the great chronicler of early 
America, Alexis de Tocqueville, explored the Great Lakes. As he passed 
through Lake Huron, he observed of the empty, undeveloped expanse: 
``This lake without sails, this shore which does not yet show any trace 
of the passage of man, this eternal forest which borders it; all that, 
I assure you, is not grand in poetry only; it's the most extraordinary 
spectacle that I have seen in my life.''
  Nearly 2 centuries later, the Great Lakes remain one of the most 
extraordinary spectacles in the world. The sheer size of the Great 
Lakes is impressed upon anyone who has stood on their shores, or who 
has seen the outline of the Michigan mitten, which the Great Lakes make 
one of the most distinctive shapes and recognizable shapes on maps or 
satellite photographs of the earth. Beyond their awe-inspiring 
appearance and enormity, the Great Lakes help fuel an economic engine 
that stretches from Minnesota to New York, producing some of our 
nations most celebrated and relied-upon goods and agricultural 
products.
  This morning, my colleagues and I are introducing a joint resolution 
to ratify an historic agreement to manage Great Lakes water, the Great 
Lakes Water Resources Compact. While the existing Water Resources 
Development Act law provides sufficient protection and authority to 
prevent diversions, the Great Lakes Compact will provide an effective 
means for Great Lakes states jointly to safeguard water for future 
generations. The compact will ban new diversions from the Basin with 
certain limited exceptions, and those exceptions would be regulated. 
Further, the compact keeps the authority to govern our water in the 
hands of the Great Lake States.
  The compact states that ``the protection of the integrity of the 
Great Lakes Ecosystem shall be the overarching principle for reviewing 
proposals.'' For the first time, water conservation goals will be 
developed to deal with any water diversion proposals.
  Beyond that, the compact would specifically address withdrawals and 
diversions of both ground and surface water. This would represent an 
improvement over existing law because there are differing opinions on 
whether the current law addresses ground water diversions.
  Additionally, because the compact would provide a scientific method 
for determining whether to allow a proposal to divert water from the 
Great Lakes, it makes our efforts to protect the lakes more clearly 
compliant with international trade agreements.
  This agreement has been in the making for close to decade, following 
the mistaken issuance of a permit for bulk water diversion by the 
Province of Ontario. In the 2000 WRDA, Congress directed the governors 
to negotiate a water management policy, and in 2005, the eight Great 
Lakes Governors and two Canadian Premiers came to an agreement.
  I have heard that some people believe that there is a water bottle 
``loophole.'' The compact prohibits water in a container larger than 
5.7 gallons to be diverted outside the Great Lakes basin. Though the 
compact would not prohibit water withdrawals in containers less than 
5.7 gallons, individual states would retain their authority to regulate 
bottled water in any size container.
  I believe that the Great Lakes Compact is beneficial and will provide 
greater protections for the Great Lakes than the status quo. However, 
as is explicitly stated in this joint resolution, the Great Lakes Water 
Compact does not imply that it is necessary for Congress to pass the 
compact in order for the Lakes to be protected from diversions. WRDA 
gives each Great Lakes governor veto power over certain types of 
diversions by any Great Lakes state. While this authority is clear, 
additional safeguards and standards will be helpful in the years ahead.
  Tocqueville further observed during his journey in Lake Huron, 
``Nature has done everything here. A fertile soil, and outlets like to 
which there are no others in the world.'' Nature has, indeed, given us 
so much in the Great Lakes. We need to take this important step to pass 
the Great Lakes Water Compact so as to make sure that we conserve this 
precious resource as best we can, ensuring sensible use now so that 
future generations can benefit from the Great Lakes as we do. I support 
passage, and I urge my colleagues to support it as well.
  Mr. President, I ask unanimous consent that text of the Joint 
resolution be printed in the Record.
  There being no objection, the text of the joint resolution was 
ordered to be printed in the Record, as follows:

                              S.J. Res. 45

       Whereas the interstate compact regarding water resources in 
     the Great Lakes--St. Lawrence River Basin reads 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 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, 
     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

[[Page S7171]]

     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 mean 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.

[[Page S7172]]

       ``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

[[Page S7173]]

     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 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

[[Page S7174]]

     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.

[[Page S7175]]

       ``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

[[Page S7176]]

     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

[[Page S7177]]

     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).'': Now, therefore, be it
       Resolved by the Senate and House of Representatives of the 
     United States of America in Congress assembled, That--
       (1) Congress consents to and approves the interstate 
     compact regarding water resources in the Great Lakes--St. 
     Lawrence River Basin described in the preamble; and
       (2) until a Great Lakes Water Compact is ratified and 
     enforceable, laws in effect as of the date of enactment of 
     this resolution provide protection sufficient to prevent 
     Great Lakes water diversions.

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