As Passed by the House

126th General Assembly Regular Session 2005-2006

Am. Sub. H. B. No. 574

Representatives Dolan, Collier, Law, Martin, Distel, DeGeeter, Perry, Wagoner, McGregor, J., Yuko, Williams, Skindell, Seitz, Setzer, Flowers, Combs, Hagan, Taylor, Strahorn, DeBose, Stewart, J., Domenick, Chandler, Fende, Harwood, Barrett, Beatty, Blessing, Book, Brown, Driehaus, Evans, C., Evans, D., Foley, Garrison, Hartnett, Hoops, Hughes, Key, Koziura, McGregor, R., Mitchell, Otterman, Schneider, Ujvagi, Webster, White, D., White, J., Yates, Luckie, Mason, Smith, G., Stewart, D. 

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A BILL

To enact sections 1522.01, 1522.02, 1522.03, 1522.04,

1

1522.05, 1522.06, 1522.07, and 1522.08 of the

2

Revised Code to ratify the Great Lakes-St.

3

Lawrence River Basin Water Resources Compact and

4

to establish related requirements.

5

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That sections 1522.01, 1522.02, 1522.03, 1522.04,	6
1522.05, 1522.06, 1522.07, and 1522.08 of the Revised Code be	7
enacted to read as follows:	8

Sec. 1522.01.  The "Great Lakes-St. Lawrence river basin	9
water resources compact," which has been negotiated by	10
representatives of this state and the states of Illinois, Indiana,	11
Michigan, Minnesota, New York, and Wisconsin and the commonwealth	12
of Pennsylvania, is hereby ratified, enacted into law, and entered	13
into by this state as a party to it as follows:	14

AGREEMENT

15

Section 1. The states of Illinois, Indiana, Michigan, Minnesota,	16
New York, Ohio and Wisconsin and the Commonwealth of Pennsylvania	17
hereby solemnly covenant and agree with each other, upon enactment	18
of concurrent legislation by the respective state legislatures and	19
consent by the Congress of the United States as follows:	20

GREAT LAKES-ST. LAWRENCE RIVER BASIN WATER RESOURCES COMPACT

21

ARTICLE 1

22

SHORT TITLE, DEFINITIONS, PURPOSES AND DURATION

23

Section 1.1. Short Title.

24

This act shall be known and may be cited as the "Great Lakes-St.	25
Lawrence River Basin Water Resources Compact."	26

Section 1.2. Definitions.

27

For the purposes of this Compact, and of any supplemental or	28
concurring legislation enacted pursuant thereto, except as may be	29
otherwise required by the context:	30

Adaptive Management means a Water resources management system that	31
provides a systematic process for evaluation, monitoring and	32
learning from the outcomes of operational programs and adjustment	33
of policies, plans and programs based on experience and the	34
evolution of scientific knowledge concerning Water resources and	35
Water Dependent Natural Resources.	36

Agreement means the Great Lakes-St. Lawrence River Basin	37
Sustainable Water Resources Agreement.	38

Applicant means a Person who is required to submit a Proposal that	39
is subject to management and regulation under this Compact.	40
Application has a corresponding meaning.	41

Basin or Great Lakes-St. Lawrence River Basin means the watershed	42
of the Great Lakes and the St. Lawrence River upstream from	43
Trois-Rivieres, Quebec within the jurisdiction of the Parties.	44

Basin Ecosystem or Great Lakes-St. Lawrence River Basin Ecosystem	45
means the interacting components of air, land, Water and living	46
organisms, including humankind, within the Basin.	47

Community within a Straddling County means any incorporated city,	48
town or the equivalent thereof, that is located outside the Basin	49
but wholly within a County that lies partly within the Basin and	50
that is not a Straddling Community.	51

Compact means this Compact.

52

Consumptive Use means that portion of the Water Withdrawn or	53
withheld from the Basin that is lost or otherwise not returned to	54
the Basin due to evaporation, incorporation into Products or other	55
processes.	56

Council means the Great Lakes-St. Lawrence River Basin Water	57
Resources Council, created by this Compact.	58

Council Review means the collective review by the Council members	59
as described in Article 4 of this Compact.	60

County means the largest territorial division for local government	61
in a State. The County boundaries shall be defined as those	62
boundaries that exist as of December 13, 2005.	63

Cumulative Impacts mean the impact on the Basin Ecosystem that	64
results from incremental effects of all aspects of a Withdrawal,	65
Diversion or Consumptive Use in addition to other past, present	66
and reasonably foreseeable future Withdrawals, Diversions and	67
Consumptive Uses regardless of who undertakes the other	68
Withdrawals, Diversions and Consumptive Uses. Cumulative Impacts	69
can result from individually minor but collectively significant	70
Withdrawals, Diversions and Consumptive Uses taking place over a	71
period of time.	72

Decision-Making Standard means the decision-making standard	73
established by Section 4.11 for Proposals subject to management	74
and regulation in Section 4.10.	75

Diversion means a transfer of Water from the Basin into another	76
watershed, or from the watershed of one of the Great Lakes into	77
that of another by any means of transfer, including but not	78
limited to a pipeline, canal, tunnel, aqueduct, channel,	79
modification of the direction of a water course, a tanker ship,	80
tanker truck or rail tanker but does not apply to Water that is	81
used in the Basin or a Great Lake watershed to manufacture or	82
produce a Product that is then transferred out of the Basin or	83
watershed. Divert has a corresponding meaning.	84

Environmentally Sound and Economically Feasible Water Conservation	85
Measures mean those measures, methods, technologies or practices	86
for efficient water use and for reduction of water loss and waste	87
or for reducing a Withdrawal, Consumptive Use or Diversion that i)	88
are environmentally sound, ii) reflect best practices applicable	89
to the water use sector, iii) are technically feasible and	90
available, iv) are economically feasible and cost effective based	91
on an analysis that considers direct and avoided economic and	92
environmental costs and v) consider the particular facilities and	93
processes involved, taking into account the environmental impact,	94
age of equipment and facilities involved, the processes employed,	95
energy impacts and other appropriate factors.	96

Exception means a transfer of Water that is excepted under Section	97
4.9 from the prohibition against Diversions in Section 4.8.	98

Exception Standard means the standard for Exceptions established	99
in Section 4.9.4.	100

Intra-Basin Transfer means the transfer of Water from the	101
watershed of one of the Great Lakes into the watershed of another	102
Great Lake.	103

Measures means any legislation, law, regulation, directive,	104
requirement, guideline, program, policy, administrative practice	105
or other procedure.	106

New or Increased Diversion means a new Diversion, an increase in	107
an existing Diversion or the alteration of an existing Withdrawal	108
so that it becomes a Diversion.	109

New or Increased Withdrawal or Consumptive Use means a new	110
Withdrawal or Consumptive Use or an increase in an existing	111
Withdrawal or Consumptive Use.	112

Originating Party means the Party within whose jurisdiction an	113
Application or registration is made or required.	114

Party means a State party to this Compact.

115

Person means a human being or a legal person, including a	116
government or a non-governmental organization, including any	117
scientific, professional, business, nonprofit or public interest	118
organization or association that is neither affiliated with, nor	119
under the direction of a government.	120

Product means something produced in the Basin by human or	121
mechanical effort or through agricultural processes and used in	122
manufacturing, commercial or other processes or intended for	123
intermediate or end use consumers. (i) Water used as part of the	124
packaging of a Product shall be considered to be part of the	125
Product. (ii) Other than Water used as part of the packaging of a	126
Product, Water that is used primarily to transport materials in or	127
out of the Basin is not a Product or part of a Product. (iii)	128
Except as provided in (i) above, Water which is transferred as	129
part of a public or private supply is not a Product or part of a	130
Product. (iv) Water in its natural state such as in lakes, rivers,	131
reservoirs, aquifers or water basins is not a Product.	132

Proposal means a Withdrawal, Diversion or Consumptive Use of Water	133
that is subject to this Compact.	134

Province means Ontario or Quebec.

135

Public Water Supply Purposes means water distributed to the public	136
through a physically connected system of treatment, storage and	137
distribution facilities serving a group of largely residential	138
customers that may also serve industrial, commercial and other	139
institutional operators. Water Withdrawn directly from the Basin	140
and not through such a system shall not be considered to be used	141
for Public Water Supply Purposes.	142

Regional Body means the members of the Council and the Premiers of	143
Ontario and Quebec or their designee as established by the	144
Agreement.	145

Regional Review means the collective review by the Regional Body	146
as described in Article 4 of this Compact.	147

Source Watershed means the watershed from which a Withdrawal	148
originates. If Water is Withdrawn directly from a Great Lake or	149
from the St. Lawrence River, then the Source Watershed shall be	150
considered to be the watershed of that Great Lake or the watershed	151
of the St. Lawrence River, respectively. If Water is Withdrawn	152
from the watershed of a stream that is a direct tributary to a	153
Great Lake or a direct tributary to the St. Lawrence River, then	154
the Source Watershed shall be considered to be the watershed of	155
that Great Lake or the watershed of the St. Lawrence River,	156
respectively, with a preference to the direct tributary stream	157
watershed from which it was Withdrawn.	158

Standard of Review and Decision means the Exception Standard,	159
Decision-Making Standard and reviews as outlined in Article 4 of	160
this Compact.	161

State means one of the states of Illinois, Indiana, Michigan,	162
Minnesota, New York, Ohio or Wisconsin or the Commonwealth of	163
Pennsylvania.	164

Straddling Community means any incorporated city, town or the	165
equivalent thereof, wholly within any County that lies partly or	166
completely within the Basin, whose corporate boundary existing as	167
of the effective date of this Compact, is partly within the Basin	168
or partly within two Great Lakes watersheds.	169

Technical Review means a detailed review conducted to determine	170
whether or not a Proposal that requires Regional Review under this	171
Compact meets the Standard of Review and Decision following	172
procedures and guidelines as set out in this Compact.	173

Water means ground or surface water contained within the Basin.

174

Water Dependent Natural Resources means the interacting components	175
of land, Water and living organisms affected by the Waters of the	176
Basin.	177

Waters of the Basin or Basin Water means the Great Lakes and all	178
streams, rivers, lakes, connecting channels and other bodies of	179
water, including tributary groundwater, within the Basin.	180

Withdrawal means the taking of water from surface water or	181
groundwater. Withdraw has a corresponding meaning.	182

Section 1.3. Findings and Purposes.

183

The legislative bodies of the respective Parties hereby find and	184
declare:	185

1. Findings:

186

a. The Waters of the Basin are precious public natural resources	187
shared and held in trust by the States;	188

b. The Waters of the Basin are interconnected and part of a single	189
hydrologic system;	190

c. The Waters of the Basin can concurrently serve multiple uses.	191
Such multiple uses include municipal, public, industrial,	192
commercial, agriculture, mining, navigation, energy	193
development and production, recreation, the subsistence,	194
economic and cultural activities of native peoples, Water	195
quality maintenance and the maintenance of fish and wildlife	196
habitat and a balanced ecosystem. And, other purposes are	197
encouraged, recognizing that such uses are interdependent and	198
must be balanced;	199

d. Future Diversions and Consumptive Uses of Basin Water resources	200
have the potential to significantly impact the environment,	201
economy and welfare of the Great Lakes-St. Lawrence River	202
region;	203

e. Continued sustainable, accessible and adequate Water supplies	204
for the people and economy of the Basin are of vital	205
importance; and,	206

f. The Parties have a shared duty to protect, conserve, restore,	207
improve and manage the renewable but finite Waters of the	208
Basin for the use, benefit and enjoyment of all their	209
citizens, including generations yet to come. The most	210
effective means of protecting, conserving, restoring,	211
improving and managing the Basin Waters is through the joint	212
pursuit of unified and cooperative principles, policies and	213
programs mutually agreed upon, enacted and adhered to by all	214
Parties.	215

2. Purposes:

216

a. To act together to protect, conserve, restore, improve and	217
effectively manage the Waters and Water Dependent Natural	218
Resources of the Basin under appropriate arrangements for	219
intergovernmental cooperation and consultation because	220
current lack of full scientific certainty should not be used	221
as a reason for postponing measures to protect the Basin	222
Ecosystem;	223

b. To remove causes of present and future controversies;

224

c. To provide for cooperative planning and action by the Parties	225
with respect to such Water resources;	226

d. To facilitate consistent approaches to Water management across	227
the Basin while retaining State management authority over	228
Water management decisions within the Basin;	229

e. To facilitate the exchange of data, strengthen the scientific	230
information base upon which decisions are made and engage in	231
consultation on the potential effects of proposed Withdrawals	232
and losses on the Waters and Water Dependent Natural	233
Resources of the Basin;	234

f. To prevent significant adverse impacts of Withdrawals and	235
losses on the Basin's ecosystems and watersheds;	236

g. To promote interstate and State-Provincial comity; and,

237

h. To promote an Adaptive Management approach to the conservation	238
and management of Basin Water resources, which recognizes,	239
considers and provides adjustments for the uncertainties in,	240
and evolution of, scientific knowledge concerning the Basin's	241
Waters and Water Dependent Natural Resources.	242

Section 1.4. Science.

243

1. The Parties commit to provide leadership for the development of	244
a collaborative strategy with other regional partners to	245
strengthen the scientific basis for sound Water management	246
decision making under this Compact.	247

2. The strategy shall guide the collection and application of	248
scientific information to support:	249

a. An improved understanding of the individual and Cumulative	250
Impacts of Withdrawals from various locations and Water	251
sources on the Basin Ecosystem and to develop a mechanism by	252
which impacts of Withdrawals may be assessed;	253

b. The periodic assessment of Cumulative Impacts of Withdrawals,	254
Diversions and Consumptive Uses on a Great Lake and St.	255
Lawrence River watershed basis;	256

c. Improved scientific understanding of the Waters of the Basin;

257

d. Improved understanding of the role of groundwater in Basin	258
Water resources management; and,	259

e. The development, transfer and application of science and	260
research related to Water conservation and Water use	261
efficiency.	262

ARTICLE 2

263

ORGANIZATION

264

Section 2.1. Council Created.

265

The Great Lakes-St. Lawrence River Basin Water Resources Council	266
is hereby created as a body politic and corporate, with succession	267
for the duration of this Compact, as an agency and instrumentality	268
of the governments of the respective Parties.	269

Section 2.2. Council Membership.

270

The Council shall consist of the Governors of the Parties, ex	271
officio.	272

Section 2.3. Alternates.

273

Each member of the Council shall appoint at least one alternate	274
who may act in his or her place and stead, with authority to	275
attend all meetings of the Council and with power to vote in the	276
absence of the member. Unless otherwise provided by law of the	277
Party for which he or she is appointed, each alternate shall serve	278
during the term of the member appointing him or her, subject to	279
removal at the pleasure of the member. In the event of a vacancy	280
in the office of alternate, it shall be filled in the same manner	281
as an original appointment for the unexpired term only.	282

Section 2.4. Voting.

283

1. Each member is entitled to one vote on all matters that may	284
come before the Council.	285

2. Unless otherwise stated, the rule of decision shall be by a	286
simple majority.	287

3. The Council shall annually adopt a budget for each fiscal year	288
and the amount required to balance the budget shall be	289
apportioned equitably among the Parties by unanimous vote of	290
the Council. The appropriation of such amounts shall be	291
subject to such review and approval as may be required by the	292
budgetary processes of the respective Parties.	293

4. The participation of Council members from a majority of the	294
Parties shall constitute a quorum for the transaction of	295
business at any meeting of the Council.	296

Section 2.5. Organization and Procedure.

297

The Council shall provide for its own organization and procedure,	298
and may adopt rules and regulations governing its meetings and	299
transactions, as well as the procedures and timeline for	300
submission, review and consideration of Proposals that come before	301
the Council for its review and action. The Council shall organize,	302
annually, by the election of a Chair and Vice-Chair from among its	303
members. Each member may appoint an advisor, who may attend all	304
meetings of the Council and its committees, but shall not have	305
voting power. The Council may employ or appoint professional and	306
administrative personnel, including an Executive Director, as it	307
may deem advisable, to carry out the purposes of this Compact.	308

Section 2.6. Use of Existing Offices and Agencies.

309

It is the policy of the Parties to preserve and utilize the	310
functions, powers and duties of existing offices and agencies of	311
government to the extent consistent with this Compact. Further,	312
the Council shall promote and aid the coordination of the	313
activities and programs of the Parties concerned with Water	314
resources management in the Basin. To this end, but without	315
limitation, the Council may:	316

1. Advise, consult, contract, assist or otherwise cooperate with	317
any and all such agencies;	318

2. Employ any other agency or instrumentality of any of the	319
Parties for any purpose; and,	320

3. Develop and adopt plans consistent with the Water resources	321
plans of the Parties.	322

Section 2.7. Jurisdiction.

323

The Council shall have, exercise and discharge its functions,	324
powers and duties within the limits of the Basin. Outside the	325
Basin, it may act in its discretion, but only to the extent such	326
action may be necessary or convenient to effectuate or implement	327
its powers or responsibilities within the Basin and subject to the	328
consent of the jurisdiction wherein it proposes to act.	329

Section 2.8. Status, Immunities and Privileges.

330

1. The Council, its members and personnel in their official	331
capacity and when engaged directly in the affairs of the	332
Council, its property and its assets, wherever located and by	333
whomsoever held, shall enjoy the same immunity from suit and	334
every form of judicial process as is enjoyed by the Parties,	335
except to the extent that the Council may expressly waive its	336
immunity for the purposes of any proceedings or by the terms	337
of any contract.	338

2. The property and assets of the Council, wherever located and by	339
whomsoever held, shall be considered public property and	340
shall be immune from search, requisition, confiscation,	341
expropriation or any other form of taking or foreclosure by	342
executive or legislative action.	343

3. The Council, its property and its assets, income and the	344
operations it carries out pursuant to this Compact shall be	345
immune from all taxation by or under the authority of any of	346
the Parties or any political subdivision thereof; provided,	347
however, that in lieu of property taxes the Council may make	348
reasonable payments to local taxing districts in annual	349
amounts which shall approximate the taxes lawfully assessed	350
upon similar property.	351

Section 2.9. Advisory Committees.

352

The Council may constitute and empower advisory committees, which	353
may be comprised of representatives of the public and of federal,	354
State, tribal, county and local governments, water resources	355
agencies, water-using industries and sectors, water-interest	356
groups and academic experts in related fields.	357

ARTICLE 3

358

GENERAL POWERS AND DUTIES

359

Section 3.1. General.

360

The Waters and Water Dependent Natural Resources of the Basin are	361
subject to the sovereign right and responsibilities of the	362
Parties, and it is the purpose of this Compact to provide for	363
joint exercise of such powers of sovereignty by the Council in the	364
common interests of the people of the region, in the manner and to	365
the extent provided in this Compact. The Council and the Parties	366
shall use the Standard of Review and Decision and procedures	367
contained in or adopted pursuant to this Compact as the means to	368
exercise their authority under this Compact.	369

The Council may revise the Standard of Review and Decision, after	370
consultation with the Provinces and upon unanimous vote of all	371
Council members, by regulation duly adopted in accordance with	372
Section 3.3 of this Compact and in accordance with each Party's	373
respective statutory authorities and applicable procedures.	374

The Council shall identify priorities and develop plans and	375
policies relating to Basin Water resources. It shall adopt and	376
promote uniform and coordinated policies for Water resources	377
conservation and management in the Basin.	378

Section 3.2. Council Powers.

379

The Council may: plan; conduct research and collect, compile,	380
analyze, interpret, report and disseminate data on Water resources	381
and uses; forecast Water levels; conduct investigations; institute	382
court actions; design, acquire, construct, reconstruct, own,	383
operate, maintain, control, sell and convey real and personal	384
property and any interest therein as it may deem necessary, useful	385
or convenient to carry out the purposes of this Compact; make	386
contracts; receive and accept such payments, appropriations,	387
grants, gifts, loans, advances and other funds, properties and	388
services as may be transferred or made available to it by any	389
Party or by any other public or private agency, corporation or	390
individual; and, exercise such other and different powers as may	391
be delegated to it by this Compact or otherwise pursuant to law,	392
and have and exercise all powers necessary or convenient to carry	393
out its express powers or which may be reasonably implied	394
therefrom.	395

Section 3.3. Rules and Regulations.

396

1. The Council may promulgate and enforce such rules and	397
regulations as may be necessary for the implementation and	398
enforcement of this Compact. The Council may adopt by	399
regulation, after public notice and public hearing,	400
reasonable Application fees with respect to those Proposals	401
for Exceptions that are subject to Council review under	402
Section 4.9. Any rule or regulation of the Council, other	403
than one which deals solely with the internal management of	404
the Council or its property, shall be adopted only after	405
public notice and hearing.	406

2. Each Party, in accordance with its respective statutory	407
authorities and applicable procedures, may adopt and enforce	408
rules and regulations to implement and enforce this Compact	409
and the programs adopted by such Party to carry out the	410
management programs contemplated by this Compact.	411

3.4Program Review and Findings.

412

1. Each Party shall submit a report to the Council and the	413
Regional Body detailing its Water management and conservation	414
and efficiency programs that implement this Compact. The	415
report shall set out the manner in which Water Withdrawals	416
are managed by sector, Water source, quantity or any other	417
means, and how the provisions of the Standard of Review and	418
Decision and conservation and efficiency programs are	419
implemented. The first report shall be provided by each Party	420
one year from the effective date of this Compact and	421
thereafter every five years.	422

2. The Council, in cooperation with the Provinces, shall review	423
its Water management and conservation and efficiency programs	424
and those of the Parties that are established in this Compact	425
and make findings on whether the Water management program	426
provisions in this Compact are being met, and if not,	427
recommend options to assist the Parties in meeting the	428
provisions of this Compact. Such review shall take place:	429

a. Thirty days after the first report is submitted by all Parties;	430
and,	431

b. Every five years after the effective date of this Compact; and,

432

c. At any other time at the request of one of the Parties.

3. As one of its duties and responsibilities, the Council may	433
recommend a range of approaches to the Parties with respect	434
to the development, enhancement and application of Water	435
management and conservation and efficiency programs to	436
implement the Standard of Review and Decision reflecting	437
improved scientific understanding of the Waters of the Basin,	438
including groundwater, and the impacts of Withdrawals on the	439
Basin Ecosystem.	440

ARTICLE 4

441

WATER MANAGEMENT AND REGULATION

442

Section 4.1. Water Resources Inventory, Registration and	443
Reporting.	444

1. Within five years of the effective date of this Compact, each	445
Party shall develop and maintain a Water resources inventory	446
for the collection, interpretation, storage, retrieval,	447
exchange and dissemination of information concerning the	448
Water resources of the Party, including, but not limited to,	449
information on the location, type, quantity and use of those	450
resources and the location, type and quantity of Withdrawals,	451
Diversions and Consumptive Uses. To the extent feasible, the	452
Water resources inventory shall be developed in cooperation	453
with local, State, federal, tribal and other private agencies	454
and entities, as well as the Council. Each Party's agencies	455
shall cooperate with that Party in the development and	456
maintenance of the inventory.	457

2. The Council shall assist each Party to develop a common base of	458
data regarding the management of the Water resources of the	459
Basin and to establish systematic arrangements for the	460
exchange of those data with other States and Provinces.	461

3. To develop and maintain a compatible base of Water use	462
information, within five years of the effective date of this	463
Compact any Person who Withdraws Water in an amount of	464
100,000 gallons per day or greater average in any 30-day	465
period (including Consumptive Uses) from all sources, or	466
Diverts Water of any amount, shall register the Withdrawal or	467
Diversion by a date set by the Council unless the Person has	468
previously registered in accordance with an existing State	469
program. The Person shall register the Withdrawal or	470
Diversion with the Originating Party using a form prescribed	471
by the Originating Party that shall include, at a minimum and	472
without limitation: the name and address of the registrant	473
and date of registration; the locations and sources of the	474
Withdrawal or Diversion; the capacity of the Withdrawal or	475
Diversion per day and the amount Withdrawn or Diverted from	476
each source; the uses made of the Water; places of use and	477
places of discharge; and, such other information as the	478
Originating Party may require. All registrations shall	479
include an estimate of the volume of the Withdrawal or	480
Diversion in terms of gallons per day average in any 30-day	481
period.	482

4. All registrants shall annually report the monthly volumes of	483
the Withdrawal, Consumptive Use and Diversion in gallons to	484
the Originating Party and any other information requested by	485
the Originating Party.	486

5. Each Party shall annually report the information gathered	487
pursuant to this Section to a Great Lakes-St. Lawrence River	488
Water use data base repository and aggregated information	489
shall be made publicly available, consistent with the	490
confidentiality requirements in Section 8.3.	491

6. Information gathered by the Parties pursuant to this Section	492
shall be used to improve the sources and applications of	493
scientific information regarding the Waters of the Basin and	494
the impacts of the Withdrawals and Diversions from various	495
locations and Water sources on the Basin Ecosystem, and to	496
better understand the role of groundwater in the Basin. The	497
Council and the Parties shall coordinate the collection and	498
application of scientific information to further develop a	499
mechanism by which individual and Cumulative Impacts of	500
Withdrawals, Consumptive Uses and Diversions shall be	501
assessed.	502

Section 4.2. Water Conservation and Efficiency Programs.

503

1. The Council commits to identify, in cooperation with the	504
Provinces, Basin-wide Water conservation and efficiency	505
objectives to assist the Parties in developing their Water	506
conservation and efficiency program. These objectives are	507
based on the goals of:	508

a. Ensuring improvement of the Waters and Water Dependent Natural	509
Resources;	510

b. Protecting and restoring the hydrologic and ecosystem integrity	511
of the Basin;	512

c. Retaining the quantity of surface water and groundwater in the	513
Basin;	514

d. Ensuring sustainable use of Waters of the Basin; and,

515

e. Promoting the efficiency of use and reducing losses and waste	516
of Water.	517

2. Within two years of the effective date of this Compact, each	518
Party shall develop its own Water conservation and efficiency	519
goals and objectives consistent with the Basin-wide goals and	520
objectives, and shall develop and implement a Water	521
conservation and efficiency program, either voluntary or	522
mandatory, within its jurisdiction based on the Party's goals	523
and objectives. Each Party shall annually assess its programs	524
in meeting the Party's goals and objectives, report to the	525
Council and the Regional Body and make this annual assessment	526
available to the public.	527

3. Beginning five years after the effective date of this Compact,	528
and every five years thereafter, the Council, in cooperation	529
with the Provinces, shall review and modify as appropriate	530
the Basin-wide objectives, and the Parties shall have regard	531
for any such modifications in implementing their programs.	532
This assessment will be based on examining new technologies,	533
new patterns of Water use, new resource demands and threats	534
and Cumulative Impact assessment under Section 4.15.	535

4. Within two years of the effective date of this Compact, the	536
Parties commit to promote Environmentally Sound and	537
Economically Feasible Water Conservation Measures such as:	538

a. Measures that promote efficient use of Water;

539

b. Identification and sharing of best management practices and	540
state of the art conservation and efficiency technologies;	541

c. Application of sound planning principles;

542

d. Demand-side and supply-side Measures or incentives; and,

543

e. Development, transfer and application of science and research.

544

5. Each Party shall implement in accordance with Paragraph 2 above	545
a voluntary or mandatory Water conservation program for all,	546
including existing, Basin Water users. Conservation programs	547
need to adjust to new demands and the potential impacts of	548
cumulative effects and climate.	549

Section 4.3. Party Powers and Duties.

550

1. Each Party, within its jurisdiction, shall manage and regulate	551
New or Increased Withdrawals, Consumptive Uses and	552
Diversions, including Exceptions, in accordance with this	553
Compact.	554

2. Each Party shall require an Applicant to submit an Application	555
in such manner and with such accompanying information as the	556
Party shall prescribe.	557

3. No Party may approve a Proposal if the Party determines that	558
the Proposal is inconsistent with this Compact or the	559
Standard of Review and Decision or any implementing rules or	560
regulations promulgated thereunder. The Party may approve,	561
approve with modifications or disapprove any Proposal	562
depending on the Proposal's consistency with this Compact and	563
the Standard of Review and Decision.	564

4. Each Party shall monitor the implementation of any approved	565
Proposal to ensure consistency with the approval and may take	566
all necessary enforcement actions.	567

5. No Party shall approve a Proposal subject to Council or	568
Regional Review, or both, pursuant to this Compact unless it	569
shall have been first submitted to and reviewed by either the	570
Council or Regional Body, or both, and approved by the	571
Council, as applicable. Sufficient opportunity shall be	572
provided for comment on the Proposal's consistency with this	573
Compact and the Standard of Review and Decision. All such	574
comments shall become part of the Party's formal record of	575
decision, and the Party shall take into consideration any	576
such comments received.	577

Section 4.4. Requirement for Originating Party Approval.

578

No Proposal subject to management and regulation under this	579
Compact shall hereafter be undertaken by any Person unless it	580
shall have been approved by the Originating Party.	581

Section 4.5. Regional Review.

582

1. General.

583

a. It is the intention of the Parties to participate in Regional	584
Review of Proposals with the Provinces, as described in this	585
Compact and the Agreement.	586

b. Unless the Applicant or the Originating Party otherwise	587
requests, it shall be the goal of the Regional Body to	588
conclude its review no later than 90 days after notice under	589
Section 4.5.2 of such Proposal is received from the	590
Originating Party.	591

c. Proposals for Exceptions subject to Regional Review shall be	592
submitted by the Originating Party to the Regional Body for	593
Regional Review, and where applicable, to the Council for	594
concurrent review.	595

d. The Parties agree that the protection of the integrity of the	596
Great Lakes-St. Lawrence River Basin Ecosystem shall be the	597
overarching principle for reviewing Proposals subject to	598
Regional Review, recognizing uncertainties with respect to	599
demands that may be placed on Basin Water, including	600
groundwater, levels and flows of the Great Lakes and the St.	601
Lawrence River, future changes in environmental conditions,	602
the reliability of existing data and the extent to which	603
Diversions may harm the integrity of the Basin Ecosystem.	604

e. The Originating Party shall have lead responsibility for	605
coordinating information for resolution of issues related to	606
evaluation of a Proposal, and shall consult with the	607
Applicant throughout the Regional Review process.	608

f. A majority of the members of the Regional Body may request	609
Regional Review of a regionally significant or potentially	610
precedent setting Proposal. Such Regional Review must be	611
conducted, to the extent possible, within the time frames set	612
forth in this Section. Any such Regional Review shall be	613
undertaken only after consulting the Applicant.	614

2. Notice from Originating Party to the Regional Body.

615

a. The Originating Party shall determine if a Proposal is subject	616
to Regional Review. If so, the Originating Party shall	617
provide timely notice to the Regional Body and the public.	618

b. Such notice shall not be given unless and until all	619
information, documents and the Originating Party's Technical	620
Review needed to evaluate whether the Proposal meets the	621
Standard of Review and Decision have been provided.	622

c. An Originating Party may:

623

i. Provide notice to the Regional Body of an Application, even if	624
notification is not required; or,	625

ii. Request Regional Review of an application, even if Regional	626
Review is not required. Any such Regional Review shall be	627
undertaken only after consulting the Applicant.	628

d. An Originating Party may provide preliminary notice of a	629
potential Proposal.	630

3. Public Participation.

631

a. To ensure adequate public participation, the Regional Body	632
shall adopt procedures for the review of Proposals that are	633
subject to Regional Review in accordance with this Article.	634

b. The Regional Body shall provide notice to the public of a	635
Proposal undergoing Regional Review. Such notice shall	636
indicate that the public has an opportunity to comment in	637
writing to the Regional Body on whether the Proposal meets	638
the Standard of Review and Decision.	639

c. The Regional Body shall hold a public meeting in the State or	640
Province of the Originating Party in order to receive public	641
comment on the issue of whether the Proposal under	642
consideration meets the Standard of Review and Decision.	643

d. The Regional Body shall consider the comments received before	644
issuing a Declaration of Finding.	645

e. The Regional Body shall forward the comments it receives to the	646
Originating Party.	647

4. Technical Review.

648

a. The Originating Party shall provide the Regional Body with its	649
Technical Review of the Proposal under consideration.	650

b. The Originating Party's Technical Review shall thoroughly	651
analyze the Proposal and provide an evaluation of the	652
Proposal sufficient for a determination of whether the	653
Proposal meets the Standard of Review and Decision.	654

c. Any member of the Regional Body may conduct their own Technical	655
Review of any Proposal subject to Regional Review.	656

d. At the request of the majority of its members, the Regional	657
Body shall make such arrangements as it considers appropriate	658
for an independent Technical Review of a Proposal.	659

e. All Parties shall exercise their best efforts to ensure that a	660
Technical Review undertaken under Sections 4.5.4.c and	661
4.5.4.d does not unnecessarily delay the decision by the	662
Originating Party on the Application. Unless the Applicant or	663
the Originating Party otherwise requests, all Technical	664
Reviews shall be completed no later than 60 days after the	665
date the notice of the Proposal was given to the Regional	666
Body.	667

5. Declaration of Finding.

668

a. The Regional Body shall meet to consider a Proposal. The	669
Applicant shall be provided with an opportunity to present	670
the Proposal to the Regional Body at such time.	671

b. The Regional Body, having considered the notice, the	672
Originating Party's Technical Review, any other independent	673
Technical Review that is made, any comments or objections	674
including the analysis of comments made by the public, First	675
Nations and federally recognized Tribes, and any other	676
information that is provided under this Compact shall issue a	677
Declaration of Finding that the Proposal under consideration:	678

i. Meets the Standard of Review and Decision;

679

ii. Does not meet the Standard of Review and Decision; or,

680

iii. Would meet the Standard of Review and Decision if certain	681
conditions were met.	682

c. An Originating Party may decline to participate in a	683
Declaration of Finding made by the Regional Body.	684

d. The Parties recognize and affirm that it is preferable for all	685
members of the Regional Body to agree whether the Proposal	686
meets the Standard of Review and Decision.	687

e. If the members of the Regional Body who participate in the	688
Declaration of Finding all agree, they shall issue a written	689
Declaration of Finding with consensus.	690

f. In the event that the members cannot agree, the Regional Body	691
shall make every reasonable effort to achieve consensus	692
within 25 days.	693

g. Should consensus not be achieved, the Regional Body may issue a	694
Declaration of Finding that presents different points of view	695
and indicates each Party's conclusions.	696

h. The Regional Body shall release the Declaration of Finding to	697
the public.	698

i. The Originating Party and the Council shall consider the	699
Declaration of Finding before making a decision on the	700
Proposal.	701

Section 4.6. Proposals Subject to Prior Notice.

702

1. Beginning no later than five years from the effective date of	703
this Compact, the Originating Party shall provide all Parties	704
and the Provinces with detailed and timely notice and an	705
opportunity to comment within 90 days on any Proposal for a	706
New or Increased Consumptive Use of 5 million gallons per day	707
or greater average in any 90-day period. Comments shall	708
address whether or not the Proposal is consistent with the	709
Standard of Review and Decision. The Originating Party shall	710
provide a response to any such comment received from another	711
Party.	712

2. A Party may provide notice, an opportunity to comment and a	713
response to comments even if this is not required under	714
Paragraph 1 of this Section. Any provision of such notice and	715
opportunity to comment shall be undertaken only after	716
consulting the Applicant.	717

Section 4.7 Council Actions.

718

1. Proposals for Exceptions subject to Council Review shall be	719
submitted by the Originating Party to the Council for Council	720
Review, and where applicable, to the Regional Body for	721
concurrent review.	722

2. The Council shall review and take action on Proposals in	723
accordance with this Compact and the Standard of Review and	724
Decision. The Council shall not take action on a Proposal	725
subject to Regional Review pursuant to this Compact unless	726
the Proposal shall have been first submitted to and reviewed	727
by the Regional Body. The Council shall consider any findings	728
resulting from such review.	729

Section 4.8. Prohibition of New or Increased Diversions.

730

All New or Increased Diversions are prohibited, except as provided	731
for in this Article.	732

Section 4.9. Exceptions to the Prohibition of Diversions.

733

1.        Straddling Communities.        A Proposal to transfer Water to an area	734
within a Straddling Community but outside the Basin or	735
outside the Source Great Lake Watershed shall be excepted	736
from the prohibition against Diversions and be managed and	737
regulated by the Originating Party provided that, regardless	738
of the volume of Water transferred, all the Water so	739
transferred shall be used solely for Public Water Supply	740
Purposes within the Straddling Community, and:	741

a. All Water Withdrawn from the Basin shall be returned, either	742
naturally or after use, to the Source Watershed less an	743
allowance for Consumptive Use. No surface water or	744
groundwater from outside the Basin may be used to satisfy any	745
portion of this criterion except if it:	746

i. Is part of a water supply or wastewater treatment system that	747
combines water from inside and outside of the Basin;	748

ii. Is treated to meet applicable water quality discharge	749
standards and to prevent the introduction of invasive species	750
into the Basin;	751

iii. Maximizes the portion of water returned to the Source	752
Watershed as Basin Water and minimizes the surface water or	753
groundwater from outside the Basin;	754

b.If the Proposal results from a New or Increased Withdrawal of	755
100,000 gallons per day or greater average over any 90-day	756
period, the Proposal shall also meet the Exception Standard;	757
and,	758

c. If the Proposal results in a New or Increased Consumptive Use	759
of 5 million gallons per day or greater average over any	760
90-day period, the Proposal shall also undergo Regional	761
Review.	762

2.        Intra-Basin Transfer.        A Proposal for an Intra-Basin Transfer	763
that would be considered a Diversion under this Compact, and	764
not already excepted pursuant to Paragraph 1 of this Section,	765
shall be excepted from the prohibition against Diversions,	766
provided that:	767

a. If the Proposal results from a New or Increased Withdrawal of	768
less than 100,000 gallons per day average over any 90-day	769
period, the Proposal shall be subject to management and	770
regulation at the discretion of the Originating Party.	771

b. If the Proposal results from a New or Increased Withdrawal of	772
100,000 gallons per day or greater average over any 90-day	773
period and if the Consumptive Use resulting from the	774
Withdrawal is less than 5 million gallons per day average	775
over any 90-day period:	776

i. The Proposal shall meet the Exception Standard and be subject	777
to management and regulation by the Originating Party, except	778
that the Water may be returned to another Great Lake	779
watershed rather than the Source Watershed;	780

ii. The Applicant shall demonstrate that there is no feasible,	781
cost effective, and environmentally sound water supply	782
alternative within the Great Lake watershed to which the	783
Water will be transferred, including conservation of existing	784
water supplies; and,	785

iii. The Originating Party shall provide notice to the other	786
Parties prior to making any decision with respect to the	787
Proposal.	788

c. If the Proposal results in a New or Increased Consumptive Use	789
of 5 million gallons per day or greater average over any	790
90-day period:	791

i. The Proposal shall be subject to management and regulation by	792
the Originating Party and shall meet the Exception Standard,	793
ensuring that Water Withdrawn shall be returned to the Source	794
Watershed;	795

ii. The Applicant shall demonstrate that there is no feasible,	796
cost effective, and environmentally sound water supply	797
alternative within the Great Lake watershed to which the	798
Water will be transferred, including conservation of existing	799
water supplies;	800

iii. The Proposal undergoes Regional Review; and,

801

iv. The Proposal is approved by the Council. Council approval	802
shall be given unless one or more Council members vote to	803
disapprove.	804

3.        Straddling Counties.        A Proposal to transfer Water to a	805
Community within a Straddling County that would be considered	806
a Diversion under this Compact shall be excepted from the	807
prohibition against Diversions, provided that it satisfies	808
all of the following conditions:	809

a. The Water shall be used solely for the Public Water Supply	810
Purposes of the Community within a Straddling County that is	811
without adequate supplies of potable water;	812

b. The Proposal meets the Exception Standard, maximizing the	813
portion of water returned to the Source Watershed as Basin	814
Water and minimizing the surface water or groundwater from	815
outside the Basin;	816

c. The Proposal shall be subject to management and regulation by	817
the Originating Party, regardless of its size;	818

d. There is no reasonable water supply alternative within the	819
Basin in which the community is located, including	820
conservation of existing water supplies;	821

e. Caution shall be used in determining whether or not the	822
Proposal meets the conditions for this Exception. This	823
Exception should not be authorized unless it can be shown	824
that it will not endanger the integrity of the Basin	825
Ecosystem;	826

f. The Proposal undergoes Regional Review; and,

827

g. The Proposal is approved by the Council. Council approval shall	828
be given unless one or more Council members vote to	829
disapprove.	830

A Proposal must satisfy all of the conditions listed above.	831
Further, substantive consideration will also be given to whether	832
or not the Proposal can provide sufficient scientifically based	833
evidence that the existing water supply is derived from	834
groundwater that is hydrologically interconnected to Waters of the	835
Basin.	836

4.        Exception Standard.        Proposals subject to management and	837
regulation in this Section shall be declared to meet this	838
Exception Standard and may be approved as appropriate only	839
when the following criteria are met:	840

a. The need for all or part of the proposed Exception cannot be	841
reasonably avoided through the efficient use and conservation	842
of existing water supplies;	843

b. The Exception will be limited to quantities that are considered	844
reasonable for the purposes for which it is proposed;	845

c. All Water Withdrawn shall be returned, either naturally or	846
after use, to the Source Watershed less an allowance for	847
Consumptive Use. No surface water or groundwater from outside	848
the Basin may be used to satisfy any portion of this	849
criterion except if it:	850

i. Is part of a water supply or wastewater treatment system that	851
combines water from inside and outside of the Basin;	852

ii. Is treated to meet applicable water quality discharge	853
standards and to prevent the introduction of invasive species	854
into the Basin;	855

d. The Exception will be implemented so as to ensure that it will	856
result in no significant individual or cumulative adverse	857
impacts to the quantity or quality of the Waters and Water	858
Dependent Natural Resources of the Basin with consideration	859
given to the potential Cumulative Impacts of any	860
precedent-setting consequences associated with the Proposal;	861

e. The Exception will be implemented so as to incorporate	862
Environmentally Sound and Economically Feasible Water	863
Conservation Measures to minimize Water Withdrawals or	864
Consumptive Use;	865

f. The Exception will be implemented so as to ensure that it is in	866
compliance with all applicable municipal, State and federal	867
laws as well as regional interstate and international	868
agreements, including the Boundary Waters Treaty of 1909;	869
and,	870

g. All other applicable criteria in Section 4.9 have also been	871
met.	872

Section 4.10. Management and Regulation of New or Increased	873
Withdrawals and Consumptive Uses.	874

1. Within five years of the effective date of this Compact, each	875
Party shall create a program for the management and	876
regulation of New or Increased Withdrawals and Consumptive	877
Uses by adopting and implementing Measures consistent with	878
the Decision-Making Standard. Each Party, through a	879
considered process, shall set and may modify threshold levels	880
for the regulation of New or Increased Withdrawals in order	881
to assure an effective and efficient Water management program	882
that will ensure that uses overall are reasonable, that	883
Withdrawals overall will not result in significant impacts to	884
the Waters and Water Dependent Natural Resources of the	885
Basin, determined on the basis of significant impacts to the	886
physical, chemical, and biological integrity of Source	887
Watersheds, and that all other objectives of the Compact are	888
achieved. Each Party may determine the scope and thresholds	889
of its program, including which New or Increased Withdrawals	890
and Consumptive Uses will be subject to the program.	891

2. Any Party that fails to set threshold levels that comply with	892
Section 4.10.1 any time before ten years after the effective	893
date of this Compact shall apply a threshold level for	894
management and regulation of all New or Increased Withdrawals	895
of 100,000 gallons per day or greater average in any 90-day	896
period.	897

3. The Parties intend programs for New or Increased Withdrawals	898
and Consumptive Uses to evolve as may be necessary to protect	899
Basin Waters. Pursuant to Section 3.4, the Council, in	900
cooperation with the Provinces, shall periodically assess the	901
Water management programs of the Parties. Such assessments	902
may produce recommendations for the strengthening of the	903
programs, including without limitation, establishing lower	904
thresholds for management and regulation in accordance with	905
the Decision-Making Standard.	906

Section 4.11. Decision-Making Standard.

907

Proposals subject to management and regulation in Section 4.10	908
shall be declared to meet this Decision-Making Standard and	909
may be approved as appropriate only when the following	910
criteria are met:	911

1. All Water Withdrawn shall be returned, either naturally or	912
after use, to the Source Watershed less an allowance for	913
Consumptive Use;	914

2. The Withdrawal or Consumptive Use will be implemented so as to	915
ensure that the Proposal will result in no significant	916
individual or cumulative adverse impacts to the quantity or	917
quality of the Waters and Water Dependent Natural Resources	918
and the applicable Source Watershed;	919

3. The Withdrawal or Consumptive Use will be implemented so as to	920
incorporate Environmentally Sound and Economically Feasible	921
Water Conservation Measures;	922

4. The Withdrawal or Consumptive Use will be implemented so as to	923
ensure that it is in compliance with all applicable	924
municipal, State and federal laws as well as regional	925
interstate and international agreements, including the	926
Boundary Waters Treaty of 1909;	927

5. The proposed use is reasonable, based upon a consideration of	928
the following factors:	929

a. Whether the proposed Withdrawal or Consumptive Use is planned	930
in a fashion that provides for efficient use of the Water,	931
and will avoid or minimize the waste of Water;	932

b. If the Proposal is for an increased Withdrawal or Consumptive	933
Use, whether efficient use is made of existing water	934
supplies;	935

c. The balance between economic development, social development	936
and environmental protection of the proposed Withdrawal and	937
use and other existing or planned withdrawals and water uses	938
sharing the Water source;	939

d. The supply potential of the Water source, considering quantity,	940
quality and reliability and safe yield of hydrologically	941
interconnected water sources;	942

e. The probable degree and duration of any adverse impacts caused	943
or expected to be caused by the proposed Withdrawal and use	944
under foreseeable conditions, to other lawful consumptive or	945
non-consumptive uses of water or to the quantity or quality	946
of the Waters and Water Dependent Natural Resources of the	947
Basin, and the proposed plans and arrangements for avoidance	948
or mitigation of such impacts; and,	949

f. If a Proposal includes restoration of hydrologic conditions and	950
functions of the Source Watershed, the Party may consider	951
that.	952

Section 4.12. Applicability.

953

1.        Minimum Standard.        This Standard of Review and Decision shall be	954
used as a minimum standard. Parties may impose a more	955
restrictive decision-making standard for Withdrawals under	956
their authority. It is also acknowledged that although a	957
Proposal meets the Standard of Review and Decision it may not	958
be approved under the laws of the Originating Party that has	959
implemented more restrictive Measures.	960

2.        Baseline.

961

a. To establish a baseline for determining a New or Increased	962
Diversion, Consumptive Use or Withdrawal, each Party shall	963
develop either or both of the following lists for their	964
jurisdiction:	965

i. A list of existing Withdrawal approvals as of the effective	966
date of the Compact;	967

ii. A list of the capacity of existing systems as of the effective	968
date of this Compact. The capacity of the existing systems	969
should be presented in terms of Withdrawal capacity,	970
treatment capacity, distribution capacity, or other capacity	971
limiting factors. The capacity of the existing systems must	972
represent the state of the systems. Existing capacity	973
determinations shall be based upon approval limits or the	974
most restrictive capacity information.	975

For all purposes of this Compact, volumes of Diversions,	976
Consumptive Uses, or Withdrawals of Water set forth in the	977
list(s) prepared by each Party in accordance with this	978
Section, shall constitute the baseline volume.	979

c. The list(s) shall be furnished to the Regional Body and the	980
Council within one year of the effective date of this	981
Compact.	982

3.        Timing of Additional Applications.        Applications for New or	983
Increased Withdrawals, Consumptive Uses or Exceptions shall	984
be considered cumulatively within ten years of any	985
application.	986

4.        Change of Ownership.        Unless a new owner proposes a project that	987
shall result in a Proposal for a New or Increased Diversion	988
or Consumptive Use subject to Regional Review or Council	989
approval, the change of ownership in and of itself shall not	990
require Regional Review or Council approval.	991

5.        Groundwater.        The Basin surface water divide shall be used for	992
the purpose of managing and regulating New or Increased	993
Diversions, Consumptive Uses or Withdrawals of surface water	994
and groundwater.	995

6.        Withdrawal Systems.        The total volume of surface water and	996
groundwater resources that supply a common distribution	997
system shall determine the volume of a Withdrawal,	998
Consumptive Use or Diversion.	999

7.        Connecting Channels.        The watershed of each Great Lake shall	1000
include its upstream and downstream connecting channels.	1001

8.        Transmission in Water Lines.        Transmission of Water within a	1002
line that extends outside the Basin as it conveys Water from	1003
one point to another within the Basin shall not be considered	1004
a Diversion if none of the Water is used outside the Basin.	1005

9.        Hydrologic Units.        The Lake Michigan and Lake Huron watersheds	1006
shall be considered to be a single hydrologic unit and	1007
watershed.	1008

10.        Bulk Water Transfer.        A Proposal to Withdraw Water and to	1009
remove it from the Basin in any container greater than 5.7	1010
gallons shall be treated under this Compact in the same	1011
manner as a Proposal for a Diversion. Each Party shall have	1012
the discretion, within its jurisdiction, to determine the	1013
treatment of Proposals to Withdraw Water and to remove it	1014
from the Basin in any container of 5.7 gallons or less.	1015

Section 4.13. Exemptions.

1016

Withdrawals from the Basin for the following purposes are exempt	1017
from the requirements of Article 4:	1018

1. To supply vehicles, including vessels and aircraft, whether for	1019
the needs of the persons or animals being transported or for	1020
ballast or other needs related to the operation of the	1021
vehicles.	1022

2. To use in a non-commercial project on a short-term basis for	1023
firefighting, humanitarian, or emergency response purposes.	1024

Section 4.14. U.S. Supreme Court Decree: Wisconsin et al. v.	1025
Illinois et al.	1026

1. Notwithstanding any terms of this Compact to the contrary, with	1027
the exception of Paragraph 5 of this Section, current, New or	1028
Increased Withdrawals, Consumptive Uses and Diversions of	1029
Basin Water by the State of Illinois shall be governed by the	1030
terms of the United States Supreme Court decree in        Wisconsin	1031
et al. v. Illinois et al.        and shall not be subject to the	1032
terms of this Compact nor any rules or regulations	1033
promulgated pursuant to this Compact. This means that, with	1034
the exception of Paragraph 5 of this Section, for purposes of	1035
this Compact, current, New or Increased Withdrawals,	1036
Consumptive Uses and Diversions of Basin Water within the	1037
State of Illinois shall be allowed unless prohibited by the	1038
terms of the United States Supreme Court decree in        Wisconsin	1039
et al. v. Illinois et al.	1040

2. The Parties acknowledge that the United States Supreme Court	1041
decree in        Wisconsin et al. v. Illinois et al.        shall continue	1042
in full force and effect, that this Compact shall not modify	1043
any terms thereof and that this Compact shall grant the	1044
parties no additional rights, obligations, remedies or	1045
defenses thereto. The Parties specifically acknowledge that	1046
this Compact shall not prohibit or limit the State of	1047
Illinois in any manner from seeking additional Basin Water as	1048
allowed under the terms of the United States Supreme Court	1049
decree in        Wisconsin et al. v. Illinois et al.       , any other	1050
party from objecting to any request by the State of Illinois	1051
for additional Basin Water under the terms of said decree, or	1052
any party from seeking any other type of modification to said	1053
decree. If an application is made by any party to the Supreme	1054
Court of the United States to modify said decree, the Parties	1055
to this Compact who are also parties to the decree shall seek	1056
formal input from the Canadian Provinces of Ontario and	1057
Quebec, with respect to the proposed modification, use best	1058
efforts to facilitate the appropriate participation of said	1059
Provinces in the proceedings to modify the decree, and shall	1060
not unreasonably impede or restrict such participation.	1061

3. With the exception of Paragraph 5 of this Section, because	1062
current, New or Increased Withdrawals, Consumptive Uses and	1063
Diversions of Basin Water by the State of Illinois are not	1064
subject to the terms of this Compact, the State of Illinois	1065
is prohibited from using any term of this Compact, including	1066
Section 4.9, to seek New or Increased Withdrawals,	1067
Consumptive Uses or Diversions of Basin Water.	1068

4. With the exception of Paragraph 5 of this Section, because	1069
Sections 4.3, 4.4, 4.5, 4.6, 4.7, 4.8, 4.9, 4.10, 4.11, 4.12	1070
(Paragraphs 1, 2, 3, 4, 6 and 10 only) and 4.13 of this	1071
Compact all relate to current, New or Increased Withdrawals,	1072
Consumptive Uses and Diversions of Basin Waters, said	1073
provisions do not apply to the State of Illinois. All other	1074
provisions of this Compact not listed in the preceding	1075
sentence shall apply to the State of Illinois, including the	1076
Water Conservation Programs provision of Section 4.2.	1077

5. In the event of a Proposal for a Diversion of Basin Water for	1078
use outside the territorial boundaries of the Parties to this	1079
Compact, decisions by the State of Illinois regarding such a	1080
Proposal would be subject to all terms of this Compact,	1081
except Paragraphs 1, 3 and 4 of this Section.	1082

6. For purposes of the State of Illinois' participation in this	1083
Compact, the entirety of this Section 4.14 is necessary for	1084
the continued implementation of this Compact and, if severed,	1085
this Compact shall no longer be binding on or enforceable by	1086
or against the State of Illinois.	1087

Section 4.15. Assessment of Cumulative Impacts.

1089

1. The Parties in cooperation with the Provinces shall	1090
collectively conduct within the Basin, on a Great Lake	1091
watershed and St. Lawrence River Basin basis, a periodic	1092
assessment of the Cumulative Impacts of Withdrawals,	1093
Diversions and Consumptive Uses from the Waters of the Basin,	1094
every five years or each time the incremental Basin Water	1095
losses reach 50 million gallons per day average in any 90-day	1096
period in excess of the quantity at the time of the most	1097
recent assessment, whichever comes first, or at the request	1098
of one or more of the Parties. The assessment shall form the	1099
basis for a review of the Standard of Review and Decision,	1100
Council and Party regulations and their application. This	1101
assessment shall:	1102

a. Utilize the most current and appropriate guidelines for such a	1103
review, which may include but not be limited to Council on	1104
Environmental Quality and Environment Canada guidelines;	1105

b. Give substantive consideration to climate change or other	1106
significant threats to Basin Waters and take into account the	1107
current state of scientific knowledge, or uncertainty, and	1108
appropriate Measures to exercise caution in cases of	1109
uncertainty if serious damage may result;	1110

c. Consider Adaptive Management principles and approaches,	1111
recognizing, considering and providing adjustments for the	1112
uncertainties in, and evolution of science concerning the	1113
Basin's Water resources, watersheds and Ecosystems, including	1114
potential changes to Basin-wide processes, such as lake level	1115
cycles and climate.	1116

2. The Parties have the responsibility of conducting this	1117
Cumulative Impact assessment. Applicants are not required to	1118
participate in this assessment.	1119

3. Unless required by other statutes, Applicants are not required	1120
to conduct a separate Cumulative Impact assessment in	1121
connection with an Application but shall submit information	1122
about the potential impacts of a Proposal to the quantity or	1123
quality of the Waters and Water Dependent Natural Resources	1124
of the applicable Source Watershed. An Applicant may,	1125
however, provide an analysis of how their Proposal meets the	1126
no significant adverse Cumulative Impact provision of the	1127
Standard of Review and Decision.	1128

ARTICLE 5

1129

TRIBAL CONSULTATION

1130

Section 5.1. Consultation with Tribes.

1131

1. In addition to all other opportunities to comment pursuant to	1132
Section 6.2, appropriate consultations shall occur with	1133
federally recognized Tribes in the Originating Party for all	1134
Proposals subject to Council or Regional Review pursuant to	1135
this Compact. Such consultations shall be organized in the	1136
manner suitable to the individual Proposal and the laws and	1137
policies of the Originating Party.	1138

2. All federally recognized Tribes within the Basin shall receive	1139
reasonable notice indicating that they have an opportunity to	1140
comment in writing to the Council or the Regional Body, or	1141
both, and other relevant organizations on whether the	1142
Proposal meets the requirements of the Standard of Review and	1143
Decision when a Proposal is subject to Regional Review or	1144
Council approval. Any notice from the Council shall inform	1145
the Tribes of any meeting or hearing that is to be held under	1146
Section 6.2 and invite them to attend. The Parties and the	1147
Council shall consider the comments received under this	1148
Section before approving, approving with modifications or	1149
disapproving any Proposal subject to Council or Regional	1150
Review.	1151

3. In addition to the specific consultation mechanisms described	1152
above, the Council shall seek to establish mutually agreed	1153
upon mechanisms or processes to facilitate dialogue with, and	1154
input from federally recognized Tribes on matters to be dealt	1155
with by the Council; and, the Council shall seek to establish	1156
mechanisms and processes with federally recognized Tribes	1157
designed to facilitate on-going scientific and technical	1158
interaction and data exchange regarding matters falling	1159
within the scope of this Compact. This may include	1160
participation of tribal representatives on advisory	1161
committees established under this Compact or such other	1162
processes that are mutually-agreed upon with federally	1163
recognized Tribes individually or through duly-authorized	1164
intertribal agencies or bodies.	1165

ARTICLE 6

1166

PUBLIC PARTICIPATION

1167

Section 6.1. Meetings, Public Hearings and Records.

1168

1. The Parties recognize the importance and necessity of public	1169
participation in promoting management of the Water Resources	1170
of the Basin. Consequently, all meetings of the Council shall	1171
be open to the public, except with respect to issues of	1172
personnel.	1173

2. The minutes of the Council shall be a public record open to	1174
inspection at its offices during regular business hours.	1175

Section 6.2. Public Participation.

1176

It is the intent of the Council to conduct public participation	1177
processes concurrently and jointly with processes undertaken by	1178
the Parties and through Regional Review. To ensure adequate public	1179
participation, each Party or the Council shall ensure procedures	1180
for the review of Proposals subject to the Standard of Review and	1181
Decision consistent with the following requirements:	1182

1. Provide public notification of receipt of all Applications and	1183
a reasonable opportunity for the public to submit comments	1184
before Applications are acted upon.	1185

2. Assure public accessibility to all documents relevant to an	1186
Application, including public comment received.	1187

3. Provide guidance on standards for determining whether to	1188
conduct a public meeting or hearing for an Application, time	1189
and place of such a meeting(s) or hearing(s), and procedures	1190
for conducting of the same.	1191

4. Provide the record of decision for public inspection including	1192
comments, objections, responses and approvals, approvals with	1193
conditions and disapprovals.	1194

ARTICLE 7

1195

DISPUTE RESOLUTION AND ENFORCEMENT

1196

Section 7.1. Good Faith Implementation.

1197

Each of the Parties pledges to support implementation of all	1198
provisions of this Compact, and covenants that its officers and	1199
agencies shall not hinder, impair or prevent any other Party	1200
carrying out any provision of this Compact.	1201

Section 7.2. Alternative Dispute Resolution.

1202

1. Desiring that this Compact be carried out in full, the Parties	1203
agree that disputes between the Parties regarding	1204
interpretation, application and implementation of this	1205
Compact shall be settled by alternative dispute resolution.	1206

2. The Council, in consultation with the Provinces, shall provide	1207
by rule procedures for the resolution of disputes pursuant to	1208
this section.	1209

Section 7.3. Enforcement.

1210

1. Any Person aggrieved by any action taken by the Council	1211
pursuant to the authorities contained in this Compact shall	1212
be entitled to a hearing before the Council. Any Person	1213
aggrieved by a Party action shall be entitled to a hearing	1214
pursuant to the relevant Party's administrative procedures	1215
and laws. After exhaustion of such administrative remedies,	1216
(i) any aggrieved Person shall have the right to judicial	1217
review of a Council action in the United States District	1218
Court for the District of Columbia or the District Court in	1219
which the Council maintains offices, provided such action is	1220
commenced within 90 days; and, (ii) any aggrieved Person	1221
shall have the right to judicial review of a Party's action	1222
in the relevant Party's court of competent jurisdiction,	1223
provided that an action or proceeding for such review is	1224
commenced within the time frames provided for by the Party's	1225
law. For the purposes of this paragraph, a State or Province	1226
is deemed to be an aggrieved Person with respect to any Party	1227
action pursuant to this Compact.	1228

2.a. Any Party or the Council may initiate actions to compel	1229
compliance with the provisions of this Compact, and the rules	1230
and regulations promulgated hereunder by the Council.	1231
Jurisdiction over such actions is granted to the court of the	1232
relevant Party, as well as the United States District Court	1233
for the District of Columbia and the District Court in which	1234
the Council maintains offices. The remedies available to any	1235
such court shall include, but not be limited to, equitable	1236
relief and civil penalties.	1237

b. Each Party may issue orders within its respective jurisdiction	1238
and may initiate actions to compel compliance with the	1239
provisions of its respective statutes and regulations adopted	1240
to implement the authorities contemplated by this Compact in	1241
accordance with the provisions of the laws adopted in each	1242
Party's jurisdiction.	1243

3. Any aggrieved Person, Party or the Council may commence a civil	1244
action in the relevant Party's courts and administrative	1245
systems to compel any Person to comply with this Compact	1246
should any such Person, without approval having been given,	1247
undertake a New or Increased Withdrawal, Consumptive Use or	1248
Diversion that is prohibited or subject to approval pursuant	1249
to this Compact.	1250

a. No action under this subsection may be commenced if:

1251

i. The Originating Party or Council approval for the New or	1252
Increased Withdrawal, Consumptive Use or Diversion has been	1253
granted; or,	1254

ii. The Originating Party or Council has found that the New or	1255
Increased Withdrawal, Consumptive Use or Diversion is not	1256
subject to approval pursuant to this Compact.	1257

b. No action under this subsection may be commenced unless:

1258

i. A Person commencing such action has first given 60 days' prior	1259
notice to the Originating Party, the Council and Person	1260
alleged to be in noncompliance; and,	1261

ii. Neither the Originating Party nor the Council has commenced	1262
and is diligently prosecuting appropriate enforcement actions	1263
to compel compliance with this Compact.	1264

The available remedies shall include equitable relief, and the	1265
prevailing or substantially prevailing party may recover the costs	1266
of litigation, including reasonable attorney and expert witness	1267
fees, whenever the court determines that such an award is	1268
appropriate.	1269

4. Each of the Parties may adopt provisions providing additional	1270
enforcement mechanisms and remedies including equitable	1271
relief and civil penalties applicable within its jurisdiction	1272
to assist in the implementation of this Compact.	1273

ARTICLE 8

1274

ADDITIONAL PROVISIONS

1275

Section 8.1. Effect on Existing Rights.

1276

1. Nothing in this Compact shall be construed to affect, limit,	1277
diminish or impair any rights validly established and	1278
existing as of the effective date of this Compact under State	1279
or federal law governing the Withdrawal of Waters of the	1280
Basin.	1281

2. Nothing contained in this Compact shall be construed as	1282
affecting or intending to affect or in any way to interfere	1283
with the law of the respective Parties relating to common law	1284
Water rights.	1285

3. Nothing in this Compact is intended to abrogate or derogate	1286
from treaty rights or rights held by any Tribe recognized by	1287
the federal government of the United States based upon its	1288
status as a Tribe recognized by the federal government of the	1289
United States.	1290

4. An approval by a Party or the Council under this Compact does	1291
not give any property rights, nor any exclusive privileges,	1292
nor shall it be construed to grant or confer any right,	1293
title, easement or interest in, to or over any land belonging	1294
to or held in trust by a Party; neither does it authorize any	1295
injury to private property or invasion of private rights, nor	1296
infringement of federal, State or local laws or regulations;	1297
nor does it obviate the necessity of obtaining federal assent	1298
when necessary.	1299

Section 8.2. Relationship to Agreements Concluded by the United	1300
States of America.	1301

1. Nothing in this Compact is intended to provide nor shall be	1302
construed to provide, directly or indirectly, to any Person	1303
any right, claim or remedy under any treaty or international	1304
agreement nor is it intended to derogate any right, claim or	1305
remedy that already exists under any treaty or international	1306
agreement.	1307

2. Nothing in this Compact is intended to infringe nor shall be	1308
construed to infringe upon the treaty power of the United	1309
States of America, nor shall any term hereof be construed to	1310
alter or amend any treaty or term thereof that has been or	1311
may hereafter be executed by the United States of America.	1312

3. Nothing in this Compact is intended to affect nor shall be	1313
construed to affect the application of the Boundary Waters	1314
Treaty of 1909 whose requirements continue to apply in	1315
addition to the requirements of this Compact.	1316

Section 8.3. Confidentiality.

1317

1. Nothing in this Compact requires a Party to breach	1318
confidentiality obligations or requirements prohibiting	1319
disclosure, or to compromise security of commercially	1320
sensitive or proprietary information.	1321

2. A Party may take measures, including but not limited to	1322
deletion and redaction, deemed necessary to protect any	1323
confidential, proprietary or commercially sensitive	1324
information when distributing information to other Parties.	1325
The Party shall summarize or paraphrase any such information	1326
in a manner sufficient for the Council to exercise its	1327
authorities contained in this Compact.	1328

Section 8.4. Additional Laws.

1329

Nothing in this Compact shall be construed to repeal, modify or	1330
qualify the authority of any Party to enact any legislation or	1331
enforce any additional conditions and restrictions regarding the	1332
management and regulation of Waters within its jurisdiction.	1333

Section 8.5. Amendments and Supplements.

1334

The provisions of this Compact shall remain in full force and	1335
effect until amended by action of the governing bodies of the	1336
Parties and consented to and approved by any other necessary	1337
authority in the same manner as this Compact is required to be	1338
ratified to become effective.	1339

Section 8.6. Severability.

1340

Should a court of competent jurisdiction hold any part of this	1341
Compact to be void or unenforceable, it shall be considered	1342
severable from those portions of the Compact capable of continued	1343
implementation in the absence of the voided provisions. All other	1344
provisions capable of continued implementation shall continue in	1345
full force and effect.	1346

Section 8.7. Duration of Compact and Termination.

1347

Once effective, the Compact shall continue in force and remain	1348
binding upon each and every Party unless terminated.	1349

This Compact may be terminated at any time by a majority vote of	1350
the Parties. In the event of such termination, all rights	1351
established under it shall continue unimpaired.	1352

ARTICLE 9

1353

EFFECTUATION

1354

Section 9.1. Repealer.

1355

All acts and parts of acts inconsistent with this act are to the	1356
extent of such inconsistency hereby repealed.	1357

Section 9.2. Effectuation by Chief Executive.

1358

The Governor is authorized to take such action as may be necessary	1359
and proper in his or her discretion to effectuate the Compact and	1360
the initial organization and operation thereunder.	1361

Section 9.3. Entire Agreement.

1362

The Parties consider this Compact to be complete and an integral	1363
whole. Each provision of this Compact is considered material to	1364
the entire Compact, and failure to implement or adhere to any	1365
provision may be considered a material breach. Unless otherwise	1366
noted in this Compact, any change or amendment made to the Compact	1367
by any Party in its implementing legislation or by the U.S.	1368
Congress when giving its consent to this Compact is not considered	1369
effective unless concurred in by all Parties.	1370

Section 9.4. Effective Date and Execution.

1371

This Compact shall become binding and effective when ratified	1372
through concurring legislation by the states of Illinois, Indiana,	1373
Michigan, Minnesota, New York, Ohio and Wisconsin and the	1374
Commonwealth of Pennsylvania and consented to by the Congress of	1375
the United States. This Compact shall be signed and sealed in nine	1376
identical original copies by the respective chief executives of	1377
the signatory Parties. One such copy shall be filed with the	1378
Secretary of State of each of the signatory Parties or in	1379
accordance with the laws of the state in which the filing is made,	1380
and one copy shall be filed and retained in the archives of the	1381
Council upon its organization. The signatures shall be affixed and	1382
attested under the following form:	1383

In Witness Whereof, and in evidence of the adoption and enactment	1384
into law of this Compact by the legislatures of the signatory	1385
parties and consent by the Congress of the United States, the	1386
respective Governors do hereby, in accordance with the authority	1387
conferred by law, sign this Compact in nine duplicate original	1388
copies, attested by the respective Secretaries of State, and have	1389
caused the seals of the respective states to be hereunto affixed	1390
this        day of (month), (year).	1391

Sec. 1522.02. The governor, ex officio, shall serve as this	1392
state's administrator of the Great Lakes-St. Lawrence river basin	1393
water resources compact. The governor shall appoint the director	1394
of natural resources as the governor's alternate for purposes of	1395
attending all meetings of the Great Lakes-St. Lawrence river basin	1396
water resources council and voting on matters before the council	1397
in the governor's absence.	1398

The governor shall do all of the following as administrator:

1399

(A) Receive copies of all agreements that are entered into	1400
pursuant to the compact by this state or its political	1401
subdivisions and other states or their political subdivisions;	1402

(B) Consult with, advise, and aid this state, other states,	1403
and political subdivisions in the formulation of such agreements;	1404

(C) Make any recommendations to the general assembly,	1405
legislatures of other states, governmental agencies, and political	1406
subdivisions that the governor considers desirable in order to	1407
effectuate the purposes of the compact;	1408

(D) Consult with and cooperate with the compact	1409
administrators of other states that are parties to the compact.	1410

Sec. 1522.03. (A) Subject to the limitations established in	1411
division (B) of section 1522.05 of the Revised Code, the director	1412
of natural resources shall do both of the following:	1413

(1) Adopt rules in accordance with Chapter 119. of the	1414
Revised Code for the implementation, administration, and	1415
enforcement of this chapter;	1416

(2) Enforce the Great Lakes-St. Lawrence river basin water	1417
resources compact and take appropriate actions to effectuate its	1418
purposes and intent.	1419

(B) Subject to the limitations established in division (B) of	1420
section 1522.05 of the Revised Code, any appropriate state agency	1421
or governmental officer shall enforce the compact and take	1422
appropriate actions to effectuate its purpose and intent.	1423

Sec. 1522.04. (A) Prior to casting a vote under Section 3.1	1424
of the Great Lakes-St. Lawrence river basin water resources	1425
compact with respect to any regulation that amends or revises the	1426
standard of review and decision, the governor or the governor's	1427
alternate shall obtain authorization from the general assembly for	1428
the vote. The governor or the governor's alternate shall obtain	1429
the authorization via a concurrent resolution adopted or bill	1430
enacted by the general assembly. The governor or the governor's	1431
alternate shall exercise the vote consistent with the terms of the	1432
general assembly's authorization. The procedures established in	1433
this section are material requirements for adoption of any such	1434
regulation in accordance with Section 3.1 of the compact and	1435
Ohio's respective statutory authority and procedures.	1436

(B) No regulation duly adopted as provided for in Section 3.1	1437
of the compact that amends or revises the standard of review and	1438
decision as set forth in the compact may be adopted by the	1439
director of natural resources unless the regulation is first	1440
approved by the general assembly in the same manner as a statutory	1441
enactment.	1442

Sec. 1522.05. (A) Pursuant to Section 9.2 of the Great	1443
Lakes-St. Lawrence river basin water resources compact, the	1444
governor may take such actions as are necessary for the initial	1445
organization and operation of the Great Lakes-St. Lawrence river	1446
basin water resources council created in Section 2.1 of the	1447
compact. Agencies of the state are hereby authorized to cooperate	1448
with the council.	1449

(B)(1) The governor, the department of natural resources, or	1450
any other agency of the state shall not adopt rules or implement	1451
any program regulating the use, withdrawal, consumptive use, or	1452
diversion of water pursuant to Sections 4.10 and 4.12.2 of the	1453
compact unless the general assembly enacts legislation after the	1454
effective date of this section authorizing the implementation of	1455
the program or adoption of rules.	1456

In addition, the governor, the department of natural	1457
resources, or any other agency of the state shall not adopt rules	1458
or implement any mandatory program governing water conservation	1459
and efficiency pursuant to Section 4.2 of the compact unless the	1460
general assembly enacts legislation after the effective date of	1461
the compact authorizing the implementation of the program or	1462
adoption of rules. However, the governor, the department of	1463
natural resources, or any other agency of the state may adopt	1464
rules concerning and may implement voluntary water conservation	1465
and efficiency programs without authorization from the general	1466
assembly. Such voluntary programs shall not include any mandatory	1467
requirements.	1468

(2) Division (B)(1) of this section does not prohibit the	1469
effectuation of Sections 4.8 and 4.9 of the compact after the	1470
effective date of the compact or prohibit the continued	1471
implementation and enforcement by the governor or applicable	1472
agencies of this state of laws, rules, or programs regulating the	1473
use, withdrawal, consumptive use, or diversion of water that are	1474
in effect on or before the effective date of this section.	1475

Sec. 1522.06. It is the intent of the general assembly that	1476
any incorporation of water into a product that is produced within	1477
the Great Lakes-St. Lawrence river basin and packaged and intended	1478
for intermediate or end-use consumers, whether distributed inside	1479
or outside the basin, is a consumptive use and does not constitute	1480
a diversion for purposes of the Great Lakes-St. Lawrence river	1481
basin water resources compact. A proposal to withdraw water and	1482
remove it from the basin in a container greater than five and	1483
seven-tenths gallons in capacity shall be treated as a proposal	1484
for a diversion as provided under Section 4.12.10 of the Great	1485
Lakes-St. Lawrence river basin water resources compact.	1486

Sec. 1522.07. (A)(1) It is the intent of the general assembly	1487
that for purposes of establishing the baseline for determining a	1488
new or increased diversion, consumptive use, or withdrawal	1489
pursuant to Section 4.12.2 of the Great Lakes-St. Lawrence river	1490
basin water resources compact, the amount of each existing	1491
diversion, consumptive use, or withdrawal shall be the larger of	1492
either of the following:	1493

(a) The applicable limitation specified in a permit issued	1494
under section 1501.32, 1501.33, or 1501.34 of the Revised Code or	1495
another permit issued by an agency of the state that specifically	1496
regulates and limits the amount of a water diversion, consumptive	1497
use, or withdrawal;	1498

(b) The physical capacity of the withdrawal system of the	1499
applicable facility as of the effective date of the Great	1500
Lakes-St. Lawrence river basin water resources compact.	1501

(2) For purposes of division (A)(1) of this section, both of	1502
the following apply:	1503

(a) A wastewater discharge permit issued under Chapter 6111.	1504
of the Revised Code or the Federal Water Pollution Control Act as	1505
defined in section 6111.01 of the Revised Code shall not be	1506
considered a permit that regulates or limits the amount of an	1507
existing diversion, consumptive use, or withdrawal.	1508

(b) Approval of a public water supply system under Chapter	1509
6109. of the Revised Code shall not be considered a permit that	1510
regulates or limits the amount of an existing diversion,	1511
consumptive use, or withdrawal unless the approval contains a	1512
specific and legally enforceable limitation on the amount of the	1513
diversion, consumptive use, or withdrawal.	1514

(B)(1) It is the understanding and intent of the general	1515
assembly that Section 4.11.2 of the Great Lakes-St. Lawrence river	1516
basin water resources compact as enacted in section 1522.01 of the	1517
Revised Code shall be interpreted to require that a withdrawal or	1518
consumptive use will be implemented so as to ensure that the	1519
withdrawal or consumptive use will result in no significant	1520
individual or cumulative adverse impacts on the quantity or	1521
quality of the waters and water dependent natural resources of	1522
either of the following:	1523

(a) The basin considered as a whole;

1524

(b) The applicable source watershed considered as a whole.

1525

(2) In addition, it is the understanding and intent of the	1526
general assembly that impacts of a withdrawal or consumptive use	1527
on the quantity or quality of waters and water dependent natural	1528
resources of more localized areas that affect less than the basin	1529
or an applicable source watershed as a whole are to be considered	1530
a part of the evaluation of reasonable use as provided in Section	1531
4.11.5 of the compact.	1532

The governor and the governor's alternate on the Great	1533
Lakes-St. Lawrence river basin water resources council shall	1534
advise the council, the other states that are proposed parties to	1535
the compact, and the United States Congress with respect to the	1536
understanding and statement of legislative intent set forth in	1537
division (B) of this section and shall inform them that such	1538
understanding and intent are a material consideration to the	1539
general assembly's concurrence in the Great Lakes-St Lawrence	1540
river basin water resources compact. Prior to seeking the consent	1541
of the United States Congress to the compact, the governor and the	1542
governor's alternate on the council shall actively seek the	1543
concurrence of the council and the other state parties to the	1544
compact with respect to the understanding and legislative intent	1545
set forth in division (B) of this section, and the governor shall	1546
report to the general assembly periodically concerning those	1547
efforts.	1548

Sec. 1522.08.  (A) It is the intent and understanding of the	1549
general assembly that the enactment of the Great Lakes-St.	1550
Lawrence river basin water resources compact and its	1551
implementation in this state do not and shall not in any manner	1552
abrogate any private property rights established under the Revised	1553
Code or the common law of this state.	1554

(B) It is the intent and understanding of the general assembly	1555
that the Great Lakes-St. Lawrence river basin water resources	1556
compact does not create any cause of action that may be brought	1557
against any person beyond those causes of action that are	1558
specifically authorized under Section 7.3 of the compact.	1559

Section 2. It is the intent of the General Assembly that on	1560
the effective date of the Great Lakes-St. Lawrence River Basin	1561
Water Resources Compact, as that date is specified in Section 9.4	1562
of the Compact as enacted in section 1522.01 of the Revised Code	1563
by this act, both of the following apply:	1564

(A) All provisions of the Revised Code that were inconsistent	1565
with the Compact prior to the effective date of the Compact shall	1566
have been amended or repealed in order to conform with the Compact	1567
in accordance with section 9.1 of the Compact.	1568

(B) Sections 1521.15 and 1521.16 of the Revised Code, as they	1569
exist on the effective date of this act or as subsequently	1570
amended, shall be used to implement Section 4.1 of the Compact.	1571

Section 3. (A) Not later than three months after the	1572
effective date of this section, the Director of Natural Resources	1573
shall convene an advisory board consisting of the following	1574
persons with an interest in the Great Lakes-St. Lawrence River	1575
Basin Water Resources Compact:	1576

(1) The Director of Natural Resources or the Director's	1577
designee, who shall serve as chairperson of the advisory board;	1578

(2) The Director of Environmental Protection or the	1579
Director's designee;	1580

(3) The Director of Development or the Director's designee;

1581

(4) The following members appointed by the Governor:

1582

(a) One water quality expert from the faculty or staff of an	1583
Ohio college or university;	1584

(b) One representative of a statewide environmental advocacy	1585
organization;	1586

(c) One representative of a local environmental advocacy	1587
organization in the Lake Erie Basin;	1588

(d) One representative of a sustainable economic development	1589
organization in the Lake Erie Basin;	1590

(e) One representative of the travel and tourism industry;

1591

(f) One representative of the electric utility industry;

1592

(g) One representative of a county government in the Lake	1593
Erie Basin.	1594

(5) The following members appointed by the President of the	1595
Senate:	1596

(a) Two members of the Senate who shall not be members of the	1597
same political party;	1598

(b) One representative of the bottled water industry;

1599

(c) One representative of a statewide land conservation	1600
advocacy organization;	1601

(d) One representative of agricultural interests in the Lake	1602
Erie Basin;	1603

(e) One representative of the aggregates industry;

1604

(f) One representative of the pulp and paper industry;

1605

(g) One representative of a large manufacturer with a	1606
facility located within the Lake Erie Basin;	1607

(h) One member of the public.

1608

(6) The following members appointed by the Speaker of the	1609
House of Representatives:	1610

(a) Two members of the House of Representatives who shall not	1611
be members of the same political party;	1612

(b) One representative of a municipal government in the Lake	1613
Erie Basin;	1614

(c) One expert in hydrogeology from the faculty or staff of	1615
an Ohio college or university;	1616

(d) One representative of a locally based organization in the	1617
Lake Erie Basin that assists in the development and implementation	1618
of a plan for the protection and management of surface and ground	1619
water resources in a watershed;	1620

(e) One representative of a fish and wildlife advocacy	1621
organization;	1622

(f) One representative of residential developers;

1623

(g) One representative of the chemical industry;

1624

(h) One representative of the petroleum industry with a	1625
facility located within the Lake Erie Basin.	1626

All appointments shall be made to the advisory board not	1627
later than thirty days after the effective date of this section.	1628
The advisory board shall meet on a regular basis. Vacancies on the	1629
advisory board shall be filled in the manner provided for original	1630
appointments. Members of the advisory board shall receive no	1631
compensation for serving on the board. The Department of Natural	1632
Resources shall provide technical support to the advisory board.	1633

(B) The advisory board shall be convened for the purpose of	1634
developing recommendations for legislation that is necessary to	1635
implement and effectuate the requirements and purposes of the	1636
Great Lakes-St. Lawrence River Basin Water Resources Compact. The	1637
recommendations shall address, but not be limited to, the	1638
following:	1639

(1) The evaluation and recommendation of the threshold levels	1640
to be included in the implementing legislation for regulating new	1641
or increased water withdrawals in the state, considering at least	1642
all of the following:	1643

(a) The number of withdrawals that will be regulated;

1644

(b) The relative impact of those withdrawals;

1645

(c) The practicality of regulating those withdrawals;

1646

(d) The alternatives that are available in the establishment	1647
of a permitting program in order to meet the water management	1648
objectives of this state.	1649

(2) The establishment of requirements regarding the review of	1650
lists of existing water users in the portion of the Great	1651
Lakes-St. Lawrence River Basin that is in this state;	1652

(3) The establishment of a process for use by persons that	1653
wish to appeal their inclusion in the list of existing water	1654
users;	1655

(4) The establishment of conservation objectives with respect	1656
to the Great Lakes-St. Lawrence River Basin Water Resources	1657
Compact and the development of the state's water conservation and	1658
efficiency programs;	1659

(5) The method for determining the capacity of existing	1660
facilities as required in Section 4.12.2 of the Great Lakes-St.	1661
Lawrence River Basin Water Resources Compact.	1662

(C) The advisory board shall present its final	1663
recommendations to the Governor and the General Assembly not later	1664
than eighteen months after the effective date of this section. It	1665
is the intent of the General Assembly that the recommendations of	1666
the advisory board will represent a consensus of the board's	1667
members regarding the issues presented to and discussed by the	1668
board. However, if a consensus cannot be reached on any or all of	1669
the issues before the board, one or more minority opinions may	1670
accompany the recommendations of the board.	1671

(D) Upon submission of its recommendations under division (C)	1672
of this section, the advisory board shall cease to exist.	1673

Section 4. If the state of Illinois, Indiana, Michigan,	1674
Minnesota, New York, or Wisconsin or the commonwealth of	1675
Pennsylvania fails to enact the Great Lakes-St. Lawrence River	1676
Basin Water Resources Compact not later than three years after the	1677
effective date of this section, Ohio reserves the right to	1678
reconsider its enactment of the Compact and, if necessary, repeal	1679
the Compact in its entirety.	1680

Section 5. Text that is italicized in the Great Lakes-St.	1681
Lawrence River Basin Water Resources Compact as presented in this	1682
act shall not be italicized but rather underlined in publications	1683
of the Compact.	1684