[110th Congress Public Law 342]
[From the U.S. Government Printing Office]


[DOCID: f:publ342.110]

[[Page 122 STAT. 3739]]

Public Law 110-342
110th Congress

                            Joint Resolution


 
Expressing the consent and approval of Congress to an interstate compact 
    regarding water resources in the Great Lakes--St. Lawrence River 
            Basin. <<NOTE: Oct. 3, 2008 -  [S.J. Res. 45]>> 

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That
Whereas the interstate compact regarding water resources in the Great 
    Lakes--St. Lawrence River Basin reads as follows:

                               ``AGREEMENT

    ``Section 1. <<NOTE: State listing.>> 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 <<NOTE: Great Lakes-- St. Lawrence River Basin  Water 
Resources Compact.>> 

            ``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.

[[Page 122 STAT. 3740]]

    ``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 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.

[[Page 122 STAT. 3741]]

    ``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

[[Page 122 STAT. 3742]]

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

[[Page 122 STAT. 3743]]

                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.


[[Page 122 STAT. 3744]]



                               ``ARTICLE 2

                             ``ORGANIZATION

``Section 2.1. Council Created.
    ``The Great Lakes--St. Lawrence River Basin Water Resources Council 
is hereby created as a body politic and corporate, with succession for 
the duration of this Compact, as an agency and instrumentality of the 
governments of the respective Parties.
``Section 2.2. Council Membership.
    ``The Council shall consist of the Governors of the Parties, ex 
officio.
``Section 2.3. Alternates.
    ``Each member of the Council shall appoint at least one alternate 
who may act in his or her place and stead, with authority to attend all 
meetings of the Council and with power to vote in the absence of the 
member. Unless otherwise provided by law of the Party for which he or 
she is appointed, each alternate shall serve during the term of the 
member appointing him or her, subject to removal at the pleasure of the 
member. In the event of a vacancy in the office of alternate, it shall 
be filled in the same manner as an original appointment for the 
unexpired term only.
``Section 2.4. Voting.
    ``1. Each member is entitled to one vote on all matters that may 
come before the Council.
    ``2. Unless otherwise stated, the rule of decision shall be by a 
simple majority.
    ``3. The Council shall annually adopt a budget for each fiscal year 
and the amount required to balance the budget shall be apportioned 
equitably among the Parties by unanimous vote of the Council. The 
appropriation of such amounts shall be subject to such review and 
approval as may be required by the budgetary processes of the respective 
Parties.
    ``4. The participation of Council members from a majority of the 
Parties shall constitute a quorum for the transaction of business at any 
meeting of the Council.
``Section 2.5. Organization and Procedure.
    ``The Council shall provide for its own organization and procedure, 
and may adopt rules and regulations governing its meetings and 
transactions, as well as the procedures and timeline for submission, 
review and consideration of Proposals that come before the Council for 
its review and action. The Council shall organize, annually, by the 
election of a Chair and Vice Chair from among its members. Each member 
may appoint an advisor, who may attend all meetings of the Council and 
its committees, but shall not have voting power. The Council may employ 
or appoint professional and administrative personnel, including an 
Executive Director, as it may deem advisable, to carry out the purposes 
of this Compact.
``Section 2.6. Use of Existing Offices and Agencies.
    ``It is the policy of the Parties to preserve and utilize the 
functions, powers and duties of existing offices and agencies of 
government to the extent consistent with this Compact. Further, the 
Council shall promote and aid the coordination of the activities and 
programs of the Parties concerned with Water resources

[[Page 122 STAT. 3745]]

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

[[Page 122 STAT. 3746]]

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 <<NOTE: Plans. Policies.>> 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 <<NOTE: Reports.>> 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. <<NOTE: Deadlines.>> 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

[[Page 122 STAT. 3747]]

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: <<NOTE: Deadlines.>> 
            ``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 <<NOTE: Deadline.>> five years of the effective date of 
this Compact, each Party shall develop and maintain a Water resources 
inventory for the collection, interpretation, storage, retrieval 
exchange, and dissemination of information concerning the Water 
resources of the Party, including, but not limited to, information on 
the location, type, quantity, and use of those resources and the 
location, type, and quantity of Withdrawals, Diversions and Consumptive 
Uses. To the extent feasible, the Water resources inventory shall be 
developed in cooperation with local, State, federal, tribal and other 
private agencies and entities, as well as the Council. Each Party's 
agencies shall cooperate with that Party in the development and 
maintenance of the inventory.

    ``2. The Council shall assist each Party to develop a common base of 
data regarding the management of the Water Resources of the Basin and to 
establish systematic arrangements for the exchange of those data with 
other States and Provinces.
    ``3. To <<NOTE: Deadline.>> 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

[[Page 122 STAT. 3748]]

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 <<NOTE: Reports.>> 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 <<NOTE: Reports.>> 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 <<NOTE: Deadline.>> 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. <<NOTE: Reports. Public information.>> 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. <<NOTE: Effective date. Deadlines.>> 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. <<NOTE: Deadline.>> 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:

[[Page 122 STAT. 3749]]

            ``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 <<NOTE: Deadline.>> 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.

[[Page 122 STAT. 3750]]

            ``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. <<NOTE: Notification.>> 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. <<NOTE: Notification.>> 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 <<NOTE: Public meetings.>> Regional Body shall hold 
        a public meeting in the State or Province of the Originating 
        Party in order to receive public comment on the issue of whether 
        the Proposal under consideration meets the Standard of Review 
        and Decision.
            ``d. The Regional Body shall consider the comments received 
        before issuing a Declaration of Finding.
            ``e. The Regional Body shall forward the comments it 
        receives to the Originating Party.

    ``4. Technical Review.
            ``a. The Originating Party shall provide the Regional Body 
        with its Technical Review of the Proposal under consideration.

[[Page 122 STAT. 3751]]

            ``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 <<NOTE: Deadline.>> 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. <<NOTE: Effective date. Deadlines.>> Beginning no later than 
five years of the effective date of this Compact, the Originating Party 
shall provide all Parties

[[Page 122 STAT. 3752]]

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. <<NOTE: Proposals.>> 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

[[Page 122 STAT. 3753]]

        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. <<NOTE: Notification.>> 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;

[[Page 122 STAT. 3754]]

            ``c. The Proposal shall be subject to management and 
        regulation by the Originating Party, regardless of its size;
            ``d. There is no reasonable water supply alternative within 
        the basin in which the community is located, including 
        conservation of existing water supplies;
            ``e. Caution shall be used in determining whether or not the 
        Proposal meets the conditions for this Exception. This Exception 
        should not be authorized unless it can be shown that it will not 
        endanger the integrity of the Basin Ecosystem;
            ``f. The Proposal undergoes Regional Review; and,
            ``g. The Proposal is approved by the Council. Council 
        approval shall be given unless one or more Council Members vote 
        to disapprove.

A Proposal must satisfy all of the conditions listed above. Further, 
substantive consideration will also be given to whether or not the 
Proposal can provide sufficient scientifically based evidence that the 
existing water supply is derived from groundwater that is hydrologically 
interconnected to Waters of the Basin.
    ``4. Exception Standard. Proposals subject to management and 
regulation in this Section shall be declared to meet this Exception 
Standard and may be approved as appropriate only when the following 
criteria are met:
            ``a. The need for all or part of the proposed Exception 
        cannot be reasonably avoided through the efficient use and 
        conservation of existing water supplies;
            ``b. The Exception will be limited to quantities that are 
        considered reasonable for the purposes for which it is proposed;
            ``c. All Water Withdrawn shall be returned, either naturally 
        or after use, to the Source Watershed less an allowance for 
        Consumptive Use. No surface water or groundwater from the 
        outside the Basin may be used to satisfy any portion of this 
        criterion except if it:
                    ``i. Is part of a water supply or wastewater 
                treatment system that combines water from inside and 
                outside of the Basin;
                    ``ii. Is treated to meet applicable water quality 
                discharge standards and to prevent the introduction of 
                invasive species into the Basin;
            ``d. The Exception will be implemented so as to ensure that 
        it will result in no significant individual or cumulative 
        adverse impacts to the quantity or quality of the Waters and 
        Water Dependent Natural Resources of the Basin with 
        consideration given to the potential Cumulative Impacts of any 
        precedent-setting consequences associated with the Proposal;
            ``e. The Exception will be implemented so as to incorporate 
        Environmentally Sound and Economically Feasible Water 
        Conservation Measures to minimize Water Withdrawals or 
        Consumptive Use;
            ``f. The Exception will be implemented so as to ensure that 
        it is in compliance with all applicable municipal, State and 
        federal laws as well as regional interstate and international 
        agreements, including the Boundary Waters Treaty of 1909; and,
            ``g. All other applicable criteria in Section 4.9 have also 
        been met.

``Section 4.10. Management and Regulation of New or Increased 
Withdrawals and Consumptive Uses.

[[Page 122 STAT. 3755]]

    ``1. <<NOTE: Deadline.>> 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. <<NOTE: Deadline. Applicability.>> 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. <<NOTE: Assessment.>> 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;

[[Page 122 STAT. 3756]]

                    ``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. <<NOTE: Records.>> 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

[[Page 122 STAT. 3757]]

approval, the change of ownership in and of itself shall not require 
Regional Review or Council approval.
    ``5. Groundwater. The Basin surface water divide shall be used for 
the purpose of managing and regulating New or Increased Diversions, 
Consumptive Uses or Withdrawals of surface water and groundwater.
    ``6. Withdrawal Systems. The total volume of surface water and 
groundwater resources that supply a common distribution system shall 
determine the volume of a Withdrawal, Consumptive Use or Diversion.
    ``7. Connecting Channels. The watershed of each Great Lake shall 
include its upstream and downstream connecting channels.
    ``8. Transmission in Water Lines. Transmission of Water within a 
line that extends outside the Basin as it conveys Water from one point 
to another within the Basin shall not be considered a Diversion if none 
of the Water is used outside the Basin.
    ``9. Hydrologic Units. The Lake Michigan and Lake Huron watersheds 
shall be considered to be a single hydrologic unit and watershed.
    ``10. Bulk Water Transfer. A Proposal to Withdraw Water and to 
remove it from the Basin in any container greater than 5.7 gallons shall 
be treated under this Compact in the same manner as a Proposal for a 
Diversion. Each Party shall have the discretion, within its 
jurisdiction, to determine the treatment of Proposals to Withdraw Water 
and to remove it from the Basin in any container of 5.7 gallons or less.
``Section 4.13. Exemptions.
    ``Withdrawals from the Basin for the following purposes are exempt 
from the requirements of Article 4.
            ``1. To supply vehicles, including vessels and aircraft, 
        whether for the needs of the persons or animals being 
        transported or for ballast or other needs related to the 
        operation of the vehicles.
            ``2. To use in a non-commercial project on a short-term 
        basis for firefighting, humanitarian, or emergency response 
        purposes.

``Section 4.14. U.S. Supreme Court Decree: Wisconsin et al. v. Illinois 
et al.
    ``1. Notwithstanding any terms of this Compact to the contrary, with 
the exception of Paragraph 5 of this Section, current, New or Increased 
Withdrawals, Consumptive Uses and Diversions of Basin Water by the State 
of Illinois shall be governed by the terms of the United States Supreme 
Court decree in Wisconsin et al. v. Illinois et al. and shall not be 
subject to the terms of this Compact nor any rules or regulations 
promulgated pursuant to this Compact. This means that, with the 
exception of Paragraph 5 of this Section, for purposes of this Compact, 
current, New or Increased Withdrawals, Consumptive Uses and Diversions 
of Basin Water within the State of Illinois shall be allowed unless 
prohibited by the terms of the United States Supreme Court decree in 
Wisconsin et al. v. Illinois et al.
    ``2. The Parties acknowledge that the United States Supreme Court 
decree in Wisconsin et al. v. Illinois et al. shall continue in full 
force and effect, that this Compact shall not modify any terms thereof, 
and that this Compact shall grant the parties no additional rights, 
obligations, remedies or defenses thereto. The

[[Page 122 STAT. 3758]]

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. <<NOTE: Deadlines.>> 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

[[Page 122 STAT. 3759]]

        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. <<NOTE: Notification.>> 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

[[Page 122 STAT. 3760]]

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. <<NOTE: Notification.>> 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. <<NOTE: Guidance.>> 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. <<NOTE: Records.>> 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.

[[Page 122 STAT. 3761]]

    ``2. <<NOTE: Procedures.>> 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. <<NOTE: Deadlines.>> After 
exhaustion of such administrative remedies, (i) any aggrieved Person 
shall have the right to judicial review of a Council action in the 
United States District Courts for the District of Columbia or the 
District Court in which the Council maintains offices, provided such 
action is commenced within 90 days; and, (ii) any aggrieved Person shall 
have the right to judicial review of a Party's action in the relevant 
Party's court of competent jurisdiction, provided that an action or 
proceeding for such review is commenced within the time frames provided 
for by the Party's law. For the purposes of this paragraph, a State or 
Province is deemed to be an aggrieved Person with respect to any Party 
action pursuant to this Compact.

    ``2. a. Any Party or the Council may initiate actions to compel 
compliance with the provisions of this Compact, and the rules and 
regulations promulgated hereunder by the Council. Jurisdiction over such 
actions is granted to the court of the relevant Party, as well as the 
United States District Courts for the District of Columbia and the 
District Court in which the Council maintains offices. The remedies 
available to any such court shall include, but not be limited to, 
equitable relief and civil penalties.
    ``b. Each Party may issue orders within its respective jurisdiction 
and may initiate actions to compel compliance with the provisions of its 
respective statutes and regulations adopted to implement the authorities 
contemplated by this Compact in accordance with the provisions of the 
laws adopted in each Party's jurisdiction.
    ``3. Any aggrieved Person, Party or the Council may commence a civil 
action in the relevant Party's courts and administrative systems to 
compel any Person to comply with this Compact should any such Person, 
without approval having been given, undertake a New or Increased 
Withdrawal, Consumptive Use or Diversion that is prohibited or subject 
to approval pursuant to this Compact.
            ``a. No action under this subsection may be commenced if:
                    ``i. The Originating Party or Council approval for 
                the New or Increased Withdrawal, Consumptive Use or 
                Diversion has been granted; or,
                    ``ii. The Originating Party or Council has found 
                that the New or Increased Withdrawal, Consumptive Use or 
                Diversion is not subject to approval pursuant to this 
                Compact.
            ``b. No action under this subsection may be commenced 
        unless:
                    ``i. <<NOTE: Deadline. Notification.>> 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.

[[Page 122 STAT. 3762]]

        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.

[[Page 122 STAT. 3763]]

    ``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.

[[Page 122 STAT. 3764]]

``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;
            (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; and
            (3) Congress expressly reserves the right to alter, amend, 
        or repeal this resolution.

    Approved October 3, 2008.

LEGISLATIVE HISTORY--S.J. Res. 45 (H.R. 6577):
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 154 (2008):
            Aug. 1, considered and passed Senate.
            Sept. 22, 23, considered and passed House.

                                  <all>