As Introduced

126th General Assembly Regular Session 2005-2006

S. B. No. 319

Senators Spada, Coughlin, Mumper, Clancy, Armbruster, Gardner, Schuring, Padgett, Niehaus, Hagan, Fingerhut, Prentiss, Miller, D., Fedor 

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A BILL

To enact sections 1522.01, 1522.02, and 1522.03 of

1

the Revised Code to ratify the Great Lakes-St.

2

Lawrence River Basin Water Resources Compact and

3

to establish related requirements.

4

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

Section 1.  That sections 1522.01, 1522.02, and 1522.03 of	5
the Revised Code be enacted to read as follows:	6

Sec. 1522.01.  The "Great Lakes-St. Lawrence river basin	7
water resources compact," which has been negotiated by	8
representatives of this state and the states of Illinois, Indiana,	9
Michigan, Minnesota, New York, and Wisconsin and the commonwealth	10
of Pennsylvania, is hereby ratified, enacted into law, and entered	11
into by this state as a party to it as follows:	12

AGREEMENT

13

Section 1. The states of Illinois, Indiana, Michigan, Minnesota,	14
New York, Ohio and Wisconsin and the Commonwealth of Pennsylvania	15
hereby solemnly covenant and agree with each other, upon enactment	16
of concurrent legislation by the respective state legislatures and	17
consent by the Congress of the United States as follows:	18

GREAT LAKES-ST. LAWRENCE RIVER BASIN WATER RESOURCES COMPACT

19

ARTICLE 1

20

SHORT TITLE, DEFINITIONS, PURPOSES AND DURATION

21

Section 1.1. Short Title.

22

This act shall be known and may be cited as the "Great Lakes-St.	23
Lawrence River Basin Water Resources Compact."	24

Section 1.2. Definitions.

25

For the purposes of this Compact, and of any supplemental or	26
concurring legislation enacted pursuant thereto, except as may be	27
otherwise required by the context:	28

Adaptive Management means a Water resources management system that	29
provides a systematic process for evaluation, monitoring and	30
learning from the outcomes of operational programs and adjustment	31
of policies, plans and programs based on experience and the	32
evolution of scientific knowledge concerning Water resources and	33
Water Dependent Natural Resources.	34

Agreement means the Great Lakes-St. Lawrence River Basin	35
Sustainable Water Resources Agreement.	36

Applicant means a Person who is required to submit a Proposal that	37
is subject to management and regulation under this Compact.	38
Application has a corresponding meaning.	39

Basin or Great Lakes-St. Lawrence River Basin means the watershed	40
of the Great Lakes and the St. Lawrence River upstream from	41
Trois-Rivieres, Quebec within the jurisdiction of the Parties.	42

Basin Ecosystem or Great Lakes-St. Lawrence River Basin Ecosystem	43
means the interacting components of air, land, Water and living	44
organisms, including humankind, within the Basin.	45

Community within a Straddling County means any incorporated city,	46
town or the equivalent thereof, that is located outside the Basin	47
but wholly within a County that lies partly within the Basin and	48
that is not a Straddling Community.	49

Compact means this Compact.

50

Consumptive Use means that portion of the Water Withdrawn or	51
withheld from the Basin that is lost or otherwise not returned to	52
the Basin due to evaporation, incorporation into Products or other	53
processes.	54

Council means the Great Lakes-St. Lawrence River Basin Water	55
Resources Council, created by this Compact.	56

Council Review means the collective review by the Council members	57
as described in Article 4 of this Compact.	58

County means the largest territorial division for local government	59
in a State. The County boundaries shall be defined as those	60
boundaries that exist as of December 13, 2005.	61

Cumulative Impacts mean the impact on the Basin Ecosystem that	62
results from incremental effects of all aspects of a Withdrawal,	63
Diversion or Consumptive Use in addition to other past, present	64
and reasonably foreseeable future Withdrawals, Diversions and	65
Consumptive Uses regardless of who undertakes the other	66
Withdrawals, Diversions and Consumptive Uses. Cumulative Impacts	67
can result from individually minor but collectively significant	68
Withdrawals, Diversions and Consumptive Uses taking place over a	69
period of time.	70

Decision-Making Standard means the decision-making standard	71
established by Section 4.11 for Proposals subject to management	72
and regulation in Section 4.10.	73

Diversion means a transfer of Water from the Basin into another	74
watershed, or from the watershed of one of the Great Lakes into	75
that of another by any means of transfer, including but not	76
limited to a pipeline, canal, tunnel, aqueduct, channel,	77
modification of the direction of a water course, a tanker ship,	78
tanker truck or rail tanker but does not apply to Water that is	79
used in the Basin or a Great Lake watershed to manufacture or	80
produce a Product that is then transferred out of the Basin or	81
watershed. Divert has a corresponding meaning.	82

Environmentally Sound and Economically Feasible Water Conservation	83
Measures mean those measures, methods, technologies or practices	84
for efficient water use and for reduction of water loss and waste	85
or for reducing a Withdrawal, Consumptive Use or Diversion that i)	86
are environmentally sound, ii) reflect best practices applicable	87
to the water use sector, iii) are technically feasible and	88
available, iv) are economically feasible and cost effective based	89
on an analysis that considers direct and avoided economic and	90
environmental costs and v) consider the particular facilities and	91
processes involved, taking into account the environmental impact,	92
age of equipment and facilities involved, the processes employed,	93
energy impacts and other appropriate factors.	94

Exception means a transfer of Water that is excepted under Section	95
4.9 from the prohibition against Diversions in Section 4.8.	96

Exception Standard means the standard for Exceptions established	97
in Section 4.9.4.	98

Intra-Basin Transfer means the transfer of Water from the	99
watershed of one of the Great Lakes into the watershed of another	100
Great Lake.	101

Measures means any legislation, law, regulation, directive,	102
requirement, guideline, program, policy, administrative practice	103
or other procedure.	104

New or Increased Diversion means a new Diversion, an increase in	105
an existing Diversion or the alteration of an existing Withdrawal	106
so that it becomes a Diversion.	107

New or Increased Withdrawal or Consumptive Use means a new	108
Withdrawal or Consumptive Use or an increase in an existing	109
Withdrawal or Consumptive Use.	110

Originating Party means the Party within whose jurisdiction an	111
Application or registration is made or required.	112

Party means a State party to this Compact.

113

Person means a human being or a legal person, including a	114
government or a non-governmental organization, including any	115
scientific, professional, business, nonprofit or public interest	116
organization or association that is neither affiliated with, nor	117
under the direction of a government.	118

Product means something produced in the Basin by human or	119
mechanical effort or through agricultural processes and used in	120
manufacturing, commercial or other processes or intended for	121
intermediate or end use consumers. (i) Water used as part of the	122
packaging of a Product shall be considered to be part of the	123
Product. (ii) Other than Water used as part of the packaging of a	124
Product, Water that is used primarily to transport materials in or	125
out of the Basin is not a Product or part of a Product. (iii)	126
Except as provided in (i) above, Water which is transferred as	127
part of a public or private supply is not a Product or part of a	128
Product. (iv) Water in its natural state such as in lakes, rivers,	129
reservoirs, aquifers or water basins is not a Product.	130

Proposal means a Withdrawal, Diversion or Consumptive Use of Water	131
that is subject to this Compact.	132

Province means Ontario or Quebec.

133

Public Water Supply Purposes means water distributed to the public	134
through a physically connected system of treatment, storage and	135
distribution facilities serving a group of largely residential	136
customers that may also serve industrial, commercial and other	137
institutional operators. Water Withdrawn directly from the Basin	138
and not through such a system shall not be considered to be used	139
for Public Water Supply Purposes.	140

Regional Body means the members of the Council and the Premiers of	141
Ontario and Quebec or their designee as established by the	142
Agreement.	143

Regional Review means the collective review by the Regional Body	144
as described in Article 4 of this Compact.	145

Source Watershed means the watershed from which a Withdrawal	146
originates. If Water is Withdrawn directly from a Great Lake or	147
from the St. Lawrence River, then the Source Watershed shall be	148
considered to be the watershed of that Great Lake or the watershed	149
of the St. Lawrence River, respectively. If Water is Withdrawn	150
from the watershed of a stream that is a direct tributary to a	151
Great Lake or a direct tributary to the St. Lawrence River, then	152
the Source Watershed shall be considered to be the watershed of	153
that Great Lake or the watershed of the St. Lawrence River,	154
respectively, with a preference to the direct tributary stream	155
watershed from which it was Withdrawn.	156

Standard of Review and Decision means the Exception Standard,	157
Decision-Making Standard and reviews as outlined in Article 4 of	158
this Compact.	159

State means one of the states of Illinois, Indiana, Michigan,	160
Minnesota, New York, Ohio or Wisconsin or the Commonwealth of	161
Pennsylvania.	162

Straddling Community means any incorporated city, town or the	163
equivalent thereof, wholly within any County that lies partly or	164
completely within the Basin, whose corporate boundary existing as	165
of the effective date of this Compact, is partly within the Basin	166
or partly within two Great Lakes watersheds.	167

Technical Review means a detailed review conducted to determine	168
whether or not a Proposal that requires Regional Review under this	169
Compact meets the Standard of Review and Decision following	170
procedures and guidelines as set out in this Compact.	171

Water means ground or surface water contained within the Basin.

172

Water Dependent Natural Resources means the interacting components	173
of land, Water and living organisms affected by the Waters of the	174
Basin.	175

Waters of the Basin or Basin Water means the Great Lakes and all	176
streams, rivers, lakes, connecting channels and other bodies of	177
water, including tributary groundwater, within the Basin.	178

Withdrawal means the taking of water from surface water or	179
groundwater. Withdraw has a corresponding meaning.	180

Section 1.3. Findings and Purposes.

181

The legislative bodies of the respective Parties hereby find and	182
declare:	183

1. Findings:

184

a. The Waters of the Basin are precious public natural resources	185
shared and held in trust by the States;	186

b. The Waters of the Basin are interconnected and part of a single	187
hydrologic system;	188

c. The Waters of the Basin can concurrently serve multiple uses.	189
Such multiple uses include municipal, public, industrial,	190
commercial, agriculture, mining, navigation, energy	191
development and production, recreation, the subsistence,	192
economic and cultural activities of native peoples, Water	193
quality maintenance and the maintenance of fish and wildlife	194
habitat and a balanced ecosystem. And, other purposes are	195
encouraged, recognizing that such uses are interdependent and	196
must be balanced;	197

d. Future Diversions and Consumptive Uses of Basin Water resources	198
have the potential to significantly impact the environment,	199
economy and welfare of the Great Lakes-St. Lawrence River	200
region;	201

e. Continued sustainable, accessible and adequate Water supplies	202
for the people and economy of the Basin are of vital	203
importance; and,	204

f. The Parties have a shared duty to protect, conserve, restore,	205
improve and manage the renewable but finite Waters of the	206
Basin for the use, benefit and enjoyment of all their	207
citizens, including generations yet to come. The most	208
effective means of protecting, conserving, restoring,	209
improving and managing the Basin Waters is through the joint	210
pursuit of unified and cooperative principles, policies and	211
programs mutually agreed upon, enacted and adhered to by all	212
Parties.	213

2. Purposes:

214

a. To act together to protect, conserve, restore, improve and	215
effectively manage the Waters and Water Dependent Natural	216
Resources of the Basin under appropriate arrangements for	217
intergovernmental cooperation and consultation because	218
current lack of full scientific certainty should not be used	219
as a reason for postponing measures to protect the Basin	220
Ecosystem;	221

b. To remove causes of present and future controversies;

222

c. To provide for cooperative planning and action by the Parties	223
with respect to such Water resources;	224

d. To facilitate consistent approaches to Water management across	225
the Basin while retaining State management authority over	226
Water management decisions within the Basin;	227

e. To facilitate the exchange of data, strengthen the scientific	228
information base upon which decisions are made and engage in	229
consultation on the potential effects of proposed Withdrawals	230
and losses on the Waters and Water Dependent Natural	231
Resources of the Basin;	232

f. To prevent significant adverse impacts of Withdrawals and	233
losses on the Basin's ecosystems and watersheds;	234

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

235

h. To promote an Adaptive Management approach to the conservation	236
and management of Basin Water resources, which recognizes,	237
considers and provides adjustments for the uncertainties in,	238
and evolution of, scientific knowledge concerning the Basin's	239
Waters and Water Dependent Natural Resources.	240

Section 1.4. Science.

241

1. The Parties commit to provide leadership for the development of	242
a collaborative strategy with other regional partners to	243
strengthen the scientific basis for sound Water management	244
decision making under this Compact.	245

2. The strategy shall guide the collection and application of	246
scientific information to support:	247

a. An improved understanding of the individual and Cumulative	248
Impacts of Withdrawals from various locations and Water	249
sources on the Basin Ecosystem and to develop a mechanism by	250
which impacts of Withdrawals may be assessed;	251

b. The periodic assessment of Cumulative Impacts of Withdrawals,	252
Diversions and Consumptive Uses on a Great Lake and St.	253
Lawrence River watershed basis;	254

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

255

d. Improved understanding of the role of groundwater in Basin	256
Water resources management; and,	257

e. The development, transfer and application of science and	258
research related to Water conservation and Water use	259
efficiency.	260

ARTICLE 2

261

ORGANIZATION

262

Section 2.1. Council Created.

263

The Great Lakes-St. Lawrence River Basin Water Resources Council	264
is hereby created as a body politic and corporate, with succession	265
for the duration of this Compact, as an agency and instrumentality	266
of the governments of the respective Parties.	267

Section 2.2. Council Membership.

268

The Council shall consist of the Governors of the Parties, ex	269
officio.	270

Section 2.3. Alternates.

271

Each member of the Council shall appoint at least one alternate	272
who may act in his or her place and stead, with authority to	273
attend all meetings of the Council and with power to vote in the	274
absence of the member. Unless otherwise provided by law of the	275
Party for which he or she is appointed, each alternate shall serve	276
during the term of the member appointing him or her, subject to	277
removal at the pleasure of the member. In the event of a vacancy	278
in the office of alternate, it shall be filled in the same manner	279
as an original appointment for the unexpired term only.	280

Section 2.4. Voting.

281

1. Each member is entitled to one vote on all matters that may	282
come before the Council.	283

2. Unless otherwise stated, the rule of decision shall be by a	284
simple majority.	285

3. The Council shall annually adopt a budget for each fiscal year	286
and the amount required to balance the budget shall be	287
apportioned equitably among the Parties by unanimous vote of	288
the Council. The appropriation of such amounts shall be	289
subject to such review and approval as may be required by the	290
budgetary processes of the respective Parties.	291

4. The participation of Council members from a majority of the	292
Parties shall constitute a quorum for the transaction of	293
business at any meeting of the Council.	294

Section 2.5. Organization and Procedure.

295

The Council shall provide for its own organization and procedure,	296
and may adopt rules and regulations governing its meetings and	297
transactions, as well as the procedures and timeline for	298
submission, review and consideration of Proposals that come before	299
the Council for its review and action. The Council shall organize,	300
annually, by the election of a Chair and Vice-Chair from among its	301
members. Each member may appoint an advisor, who may attend all	302
meetings of the Council and its committees, but shall not have	303
voting power. The Council may employ or appoint professional and	304
administrative personnel, including an Executive Director, as it	305
may deem advisable, to carry out the purposes of this Compact.	306

Section 2.6. Use of Existing Offices and Agencies.

307

It is the policy of the Parties to preserve and utilize the	308
functions, powers and duties of existing offices and agencies of	309
government to the extent consistent with this Compact. Further,	310
the Council shall promote and aid the coordination of the	311
activities and programs of the Parties concerned with Water	312
resources management in the Basin. To this end, but without	313
limitation, the Council may:	314

1. Advise, consult, contract, assist or otherwise cooperate with	315
any and all such agencies;	316

2. Employ any other agency or instrumentality of any of the	317
Parties for any purpose; and,	318

3. Develop and adopt plans consistent with the Water resources	319
plans of the Parties.	320

Section 2.7. Jurisdiction.

321

The Council shall have, exercise and discharge its functions,	322
powers and duties within the limits of the Basin. Outside the	323
Basin, it may act in its discretion, but only to the extent such	324
action may be necessary or convenient to effectuate or implement	325
its powers or responsibilities within the Basin and subject to the	326
consent of the jurisdiction wherein it proposes to act.	327

Section 2.8. Status, Immunities and Privileges.

328

1. The Council, its members and personnel in their official	329
capacity and when engaged directly in the affairs of the	330
Council, its property and its assets, wherever located and by	331
whomsoever held, shall enjoy the same immunity from suit and	332
every form of judicial process as is enjoyed by the Parties,	333
except to the extent that the Council may expressly waive its	334
immunity for the purposes of any proceedings or by the terms	335
of any contract.	336

2. The property and assets of the Council, wherever located and by	337
whomsoever held, shall be considered public property and	338
shall be immune from search, requisition, confiscation,	339
expropriation or any other form of taking or foreclosure by	340
executive or legislative action.	341

3. The Council, its property and its assets, income and the	342
operations it carries out pursuant to this Compact shall be	343
immune from all taxation by or under the authority of any of	344
the Parties or any political subdivision thereof; provided,	345
however, that in lieu of property taxes the Council may make	346
reasonable payments to local taxing districts in annual	347
amounts which shall approximate the taxes lawfully assessed	348
upon similar property.	349

Section 2.9. Advisory Committees.

350

The Council may constitute and empower advisory committees, which	351
may be comprised of representatives of the public and of federal,	352
State, tribal, county and local governments, water resources	353
agencies, water-using industries and sectors, water-interest	354
groups and academic experts in related fields.	355

ARTICLE 3

356

GENERAL POWERS AND DUTIES

357

Section 3.1. General.

358

The Waters and Water Dependent Natural Resources of the Basin are	359
subject to the sovereign right and responsibilities of the	360
Parties, and it is the purpose of this Compact to provide for	361
joint exercise of such powers of sovereignty by the Council in the	362
common interests of the people of the region, in the manner and to	363
the extent provided in this Compact. The Council and the Parties	364
shall use the Standard of Review and Decision and procedures	365
contained in or adopted pursuant to this Compact as the means to	366
exercise their authority under this Compact.	367

The Council may revise the Standard of Review and Decision, after	368
consultation with the Provinces and upon unanimous vote of all	369
Council members, by regulation duly adopted in accordance with	370
Section 3.3 of this Compact and in accordance with each Party's	371
respective statutory authorities and applicable procedures.	372

The Council shall identify priorities and develop plans and	373
policies relating to Basin Water resources. It shall adopt and	374
promote uniform and coordinated policies for Water resources	375
conservation and management in the Basin.	376

Section 3.2. Council Powers.

377

The Council may: plan; conduct research and collect, compile,	378
analyze, interpret, report and disseminate data on Water resources	379
and uses; forecast Water levels; conduct investigations; institute	380
court actions; design, acquire, construct, reconstruct, own,	381
operate, maintain, control, sell and convey real and personal	382
property and any interest therein as it may deem necessary, useful	383
or convenient to carry out the purposes of this Compact; make	384
contracts; receive and accept such payments, appropriations,	385
grants, gifts, loans, advances and other funds, properties and	386
services as may be transferred or made available to it by any	387
Party or by any other public or private agency, corporation or	388
individual; and, exercise such other and different powers as may	389
be delegated to it by this Compact or otherwise pursuant to law,	390
and have and exercise all powers necessary or convenient to carry	391
out its express powers or which may be reasonably implied	392
therefrom.	393

Section 3.3. Rules and Regulations.

394

1. The Council may promulgate and enforce such rules and	395
regulations as may be necessary for the implementation and	396
enforcement of this Compact. The Council may adopt by	397
regulation, after public notice and public hearing,	398
reasonable Application fees with respect to those Proposals	399
for Exceptions that are subject to Council review under	400
Section 4.9. Any rule or regulation of the Council, other	401
than one which deals solely with the internal management of	402
the Council or its property, shall be adopted only after	403
public notice and hearing.	404

2. Each Party, in accordance with its respective statutory	405
authorities and applicable procedures, may adopt and enforce	406
rules and regulations to implement and enforce this Compact	407
and the programs adopted by such Party to carry out the	408
management programs contemplated by this Compact.	409

3.4Program Review and Findings.

410

1. Each Party shall submit a report to the Council and the	411
Regional Body detailing its Water management and conservation	412
and efficiency programs that implement this Compact. The	413
report shall set out the manner in which Water Withdrawals	414
are managed by sector, Water source, quantity or any other	415
means, and how the provisions of the Standard of Review and	416
Decision and conservation and efficiency programs are	417
implemented. The first report shall be provided by each Party	418
one year from the effective date of this Compact and	419
thereafter every five years.	420

2. The Council, in cooperation with the Provinces, shall review	421
its Water management and conservation and efficiency programs	422
and those of the Parties that are established in this Compact	423
and make findings on whether the Water management program	424
provisions in this Compact are being met, and if not,	425
recommend options to assist the Parties in meeting the	426
provisions of this Compact. Such review shall take place:	427

a. Thirty days after the first report is submitted by all Parties;	428
and,	429

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

430

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

3. As one of its duties and responsibilities, the Council may	431
recommend a range of approaches to the Parties with respect	432
to the development, enhancement and application of Water	433
management and conservation and efficiency programs to	434
implement the Standard of Review and Decision reflecting	435
improved scientific understanding of the Waters of the Basin,	436
including groundwater, and the impacts of Withdrawals on the	437
Basin Ecosystem.	438

ARTICLE 4

439

WATER MANAGEMENT AND REGULATION

440

Section 4.1. Water Resources Inventory, Registration and	441
Reporting.	442

1. Within five years of the effective date of this Compact, each	443
Party shall develop and maintain a Water resources inventory	444
for the collection, interpretation, storage, retrieval,	445
exchange and dissemination of information concerning the	446
Water resources of the Party, including, but not limited to,	447
information on the location, type, quantity and use of those	448
resources and the location, type and quantity of Withdrawals,	449
Diversions and Consumptive Uses. To the extent feasible, the	450
Water resources inventory shall be developed in cooperation	451
with local, State, federal, tribal and other private agencies	452
and entities, as well as the Council. Each Party's agencies	453
shall cooperate with that Party in the development and	454
maintenance of the inventory.	455

2. The Council shall assist each Party to develop a common base of	456
data regarding the management of the Water resources of the	457
Basin and to establish systematic arrangements for the	458
exchange of those data with other States and Provinces.	459

3. To develop and maintain a compatible base of Water use	460
information, within five years of the effective date of this	461
Compact any Person who Withdraws Water in an amount of	462
100,000 gallons per day or greater average in any 30-day	463
period (including Consumptive Uses) from all sources, or	464
Diverts Water of any amount, shall register the Withdrawal or	465
Diversion by a date set by the Council unless the Person has	466
previously registered in accordance with an existing State	467
program. The Person shall register the Withdrawal or	468
Diversion with the Originating Party using a form prescribed	469
by the Originating Party that shall include, at a minimum and	470
without limitation: the name and address of the registrant	471
and date of registration; the locations and sources of the	472
Withdrawal or Diversion; the capacity of the Withdrawal or	473
Diversion per day and the amount Withdrawn or Diverted from	474
each source; the uses made of the Water; places of use and	475
places of discharge; and, such other information as the	476
Originating Party may require. All registrations shall	477
include an estimate of the volume of the Withdrawal or	478
Diversion in terms of gallons per day average in any 30-day	479
period.	480

4. All registrants shall annually report the monthly volumes of	481
the Withdrawal, Consumptive Use and Diversion in gallons to	482
the Originating Party and any other information requested by	483
the Originating Party.	484

5. Each Party shall annually report the information gathered	485
pursuant to this Section to a Great Lakes-St. Lawrence River	486
Water use data base repository and aggregated information	487
shall be made publicly available, consistent with the	488
confidentiality requirements in Section 8.3.	489

6. Information gathered by the Parties pursuant to this Section	490
shall be used to improve the sources and applications of	491
scientific information regarding the Waters of the Basin and	492
the impacts of the Withdrawals and Diversions from various	493
locations and Water sources on the Basin Ecosystem, and to	494
better understand the role of groundwater in the Basin. The	495
Council and the Parties shall coordinate the collection and	496
application of scientific information to further develop a	497
mechanism by which individual and Cumulative Impacts of	498
Withdrawals, Consumptive Uses and Diversions shall be	499
assessed.	500

Section 4.2. Water Conservation and Efficiency Programs.

501

1. The Council commits to identify, in cooperation with the	502
Provinces, Basin-wide Water conservation and efficiency	503
objectives to assist the Parties in developing their Water	504
conservation and efficiency program. These objectives are	505
based on the goals of:	506

a. Ensuring improvement of the Waters and Water Dependent Natural	507
Resources;	508

b. Protecting and restoring the hydrologic and ecosystem integrity	509
of the Basin;	510

c. Retaining the quantity of surface water and groundwater in the	511
Basin;	512

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

513

e. Promoting the efficiency of use and reducing losses and waste	514
of Water.	515

2. Within two years of the effective date of this Compact, each	516
Party shall develop its own Water conservation and efficiency	517
goals and objectives consistent with the Basin-wide goals and	518
objectives, and shall develop and implement a Water	519
conservation and efficiency program, either voluntary or	520
mandatory, within its jurisdiction based on the Party's goals	521
and objectives. Each Party shall annually assess its programs	522
in meeting the Party's goals and objectives, report to the	523
Council and the Regional Body and make this annual assessment	524
available to the public.	525

3. Beginning five years after the effective date of this Compact,	526
and every five years thereafter, the Council, in cooperation	527
with the Provinces, shall review and modify as appropriate	528
the Basin-wide objectives, and the Parties shall have regard	529
for any such modifications in implementing their programs.	530
This assessment will be based on examining new technologies,	531
new patterns of Water use, new resource demands and threats	532
and Cumulative Impact assessment under Section 4.15.	533

4. Within two years of the effective date of this Compact, the	534
Parties commit to promote Environmentally Sound and	535
Economically Feasible Water Conservation Measures such as:	536

a. Measures that promote efficient use of Water;

537

b. Identification and sharing of best management practices and	538
state of the art conservation and efficiency technologies;	539

c. Application of sound planning principles;

540

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

541

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

542

5. Each Party shall implement in accordance with Paragraph 2 above	543
a voluntary or mandatory Water conservation program for all,	544
including existing, Basin Water users. Conservation programs	545
need to adjust to new demands and the potential impacts of	546
cumulative effects and climate.	547

Section 4.3. Party Powers and Duties.

548

1. Each Party, within its jurisdiction, shall manage and regulate	549
New or Increased Withdrawals, Consumptive Uses and	550
Diversions, including Exceptions, in accordance with this	551
Compact.	552

2. Each Party shall require an Applicant to submit an Application	553
in such manner and with such accompanying information as the	554
Party shall prescribe.	555

3. No Party may approve a Proposal if the Party determines that	556
the Proposal is inconsistent with this Compact or the	557
Standard of Review and Decision or any implementing rules or	558
regulations promulgated thereunder. The Party may approve,	559
approve with modifications or disapprove any Proposal	560
depending on the Proposal's consistency with this Compact and	561
the Standard of Review and Decision.	562

4. Each Party shall monitor the implementation of any approved	563
Proposal to ensure consistency with the approval and may take	564
all necessary enforcement actions.	565

5. No Party shall approve a Proposal subject to Council or	566
Regional Review, or both, pursuant to this Compact unless it	567
shall have been first submitted to and reviewed by either the	568
Council or Regional Body, or both, and approved by the	569
Council, as applicable. Sufficient opportunity shall be	570
provided for comment on the Proposal's consistency with this	571
Compact and the Standard of Review and Decision. All such	572
comments shall become part of the Party's formal record of	573
decision, and the Party shall take into consideration any	574
such comments received.	575

Section 4.4. Requirement for Originating Party Approval.

576

No Proposal subject to management and regulation under this	577
Compact shall hereafter be undertaken by any Person unless it	578
shall have been approved by the Originating Party.	579

Section 4.5. Regional Review.

580

1. General.

581

a. It is the intention of the Parties to participate in Regional	582
Review of Proposals with the Provinces, as described in this	583
Compact and the Agreement.	584

b. Unless the Applicant or the Originating Party otherwise	585
requests, it shall be the goal of the Regional Body to	586
conclude its review no later than 90 days after notice under	587
Section 4.5.2 of such Proposal is received from the	588
Originating Party.	589

c. Proposals for Exceptions subject to Regional Review shall be	590
submitted by the Originating Party to the Regional Body for	591
Regional Review, and where applicable, to the Council for	592
concurrent review.	593

d. The Parties agree that the protection of the integrity of the	594
Great Lakes-St. Lawrence River Basin Ecosystem shall be the	595
overarching principle for reviewing Proposals subject to	596
Regional Review, recognizing uncertainties with respect to	597
demands that may be placed on Basin Water, including	598
groundwater, levels and flows of the Great Lakes and the St.	599
Lawrence River, future changes in environmental conditions,	600
the reliability of existing data and the extent to which	601
Diversions may harm the integrity of the Basin Ecosystem.	602

e. The Originating Party shall have lead responsibility for	603
coordinating information for resolution of issues related to	604
evaluation of a Proposal, and shall consult with the	605
Applicant throughout the Regional Review process.	606

f. A majority of the members of the Regional Body may request	607
Regional Review of a regionally significant or potentially	608
precedent setting Proposal. Such Regional Review must be	609
conducted, to the extent possible, within the time frames set	610
forth in this Section. Any such Regional Review shall be	611
undertaken only after consulting the Applicant.	612

2. Notice from Originating Party to the Regional Body.

613

a. The Originating Party shall determine if a Proposal is subject	614
to Regional Review. If so, the Originating Party shall	615
provide timely notice to the Regional Body and the public.	616

b. Such notice shall not be given unless and until all	617
information, documents and the Originating Party's Technical	618
Review needed to evaluate whether the Proposal meets the	619
Standard of Review and Decision have been provided.	620

c. An Originating Party may:

621

i. Provide notice to the Regional Body of an Application, even if	622
notification is not required; or,	623

ii. Request Regional Review of an application, even if Regional	624
Review is not required. Any such Regional Review shall be	625
undertaken only after consulting the Applicant.	626

d. An Originating Party may provide preliminary notice of a	627
potential Proposal.	628

3. Public Participation.

629

a. To ensure adequate public participation, the Regional Body	630
shall adopt procedures for the review of Proposals that are	631
subject to Regional Review in accordance with this Article.	632

b. The Regional Body shall provide notice to the public of a	633
Proposal undergoing Regional Review. Such notice shall	634
indicate that the public has an opportunity to comment in	635
writing to the Regional Body on whether the Proposal meets	636
the Standard of Review and Decision.	637

c. The Regional Body shall hold a public meeting in the State or	638
Province of the Originating Party in order to receive public	639
comment on the issue of whether the Proposal under	640
consideration meets the Standard of Review and Decision.	641

d. The Regional Body shall consider the comments received before	642
issuing a Declaration of Finding.	643

e. The Regional Body shall forward the comments it receives to the	644
Originating Party.	645

4. Technical Review.

646

a. The Originating Party shall provide the Regional Body with its	647
Technical Review of the Proposal under consideration.	648

b. The Originating Party's Technical Review shall thoroughly	649
analyze the Proposal and provide an evaluation of the	650
Proposal sufficient for a determination of whether the	651
Proposal meets the Standard of Review and Decision.	652

c. Any member of the Regional Body may conduct their own Technical	653
Review of any Proposal subject to Regional Review.	654

d. At the request of the majority of its members, the Regional	655
Body shall make such arrangements as it considers appropriate	656
for an independent Technical Review of a Proposal.	657

e. All Parties shall exercise their best efforts to ensure that a	658
Technical Review undertaken under Sections 4.5.4.c and	659
4.5.4.d does not unnecessarily delay the decision by the	660
Originating Party on the Application. Unless the Applicant or	661
the Originating Party otherwise requests, all Technical	662
Reviews shall be completed no later than 60 days after the	663
date the notice of the Proposal was given to the Regional	664
Body.	665

5. Declaration of Finding.

666

a. The Regional Body shall meet to consider a Proposal. The	667
Applicant shall be provided with an opportunity to present	668
the Proposal to the Regional Body at such time.	669

b. The Regional Body, having considered the notice, the	670
Originating Party's Technical Review, any other independent	671
Technical Review that is made, any comments or objections	672
including the analysis of comments made by the public, First	673
Nations and federally recognized Tribes, and any other	674
information that is provided under this Compact shall issue a	675
Declaration of Finding that the Proposal under consideration:	676

i. Meets the Standard of Review and Decision;

677

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

678

iii. Would meet the Standard of Review and Decision if certain	679
conditions were met.	680

c. An Originating Party may decline to participate in a	681
Declaration of Finding made by the Regional Body.	682

d. The Parties recognize and affirm that it is preferable for all	683
members of the Regional Body to agree whether the Proposal	684
meets the Standard of Review and Decision.	685

e. If the members of the Regional Body who participate in the	686
Declaration of Finding all agree, they shall issue a written	687
Declaration of Finding with consensus.	688

f. In the event that the members cannot agree, the Regional Body	689
shall make every reasonable effort to achieve consensus	690
within 25 days.	691

g. Should consensus not be achieved, the Regional Body may issue a	692
Declaration of Finding that presents different points of view	693
and indicates each Party's conclusions.	694

h. The Regional Body shall release the Declaration of Finding to	695
the public.	696

i. The Originating Party and the Council shall consider the	697
Declaration of Finding before making a decision on the	698
Proposal.	699

Section 4.6. Proposals Subject to Prior Notice.

700

1. Beginning no later than five years from the effective date of	701
this Compact, the Originating Party shall provide all Parties	702
and the Provinces with detailed and timely notice and an	703
opportunity to comment within 90 days on any Proposal for a	704
New or Increased Consumptive Use of 5 million gallons per day	705
or greater average in any 90-day period. Comments shall	706
address whether or not the Proposal is consistent with the	707
Standard of Review and Decision. The Originating Party shall	708
provide a response to any such comment received from another	709
Party.	710

2. A Party may provide notice, an opportunity to comment and a	711
response to comments even if this is not required under	712
Paragraph 1 of this Section. Any provision of such notice and	713
opportunity to comment shall be undertaken only after	714
consulting the Applicant.	715

Section 4.7 Council Actions.

716

1. Proposals for Exceptions subject to Council Review shall be	717
submitted by the Originating Party to the Council for Council	718
Review, and where applicable, to the Regional Body for	719
concurrent review.	720

2. The Council shall review and take action on Proposals in	721
accordance with this Compact and the Standard of Review and	722
Decision. The Council shall not take action on a Proposal	723
subject to Regional Review pursuant to this Compact unless	724
the Proposal shall have been first submitted to and reviewed	725
by the Regional Body. The Council shall consider any findings	726
resulting from such review.	727

Section 4.8. Prohibition of New or Increased Diversions.

728

All New or Increased Diversions are prohibited, except as provided	729
for in this Article.	730

Section 4.9. Exceptions to the Prohibition of Diversions.

731

1.        Straddling Communities.        A Proposal to transfer Water to an area	732
within a Straddling Community but outside the Basin or	733
outside the Source Great Lake Watershed shall be excepted	734
from the prohibition against Diversions and be managed and	735
regulated by the Originating Party provided that, regardless	736
of the volume of Water transferred, all the Water so	737
transferred shall be used solely for Public Water Supply	738
Purposes within the Straddling Community, and:	739

a. All Water Withdrawn from the Basin shall be returned, either	740
naturally or after use, to the Source Watershed less an	741
allowance for Consumptive Use. No surface water or	742
groundwater from outside the Basin may be used to satisfy any	743
portion of this criterion except if it:	744

i. Is part of a water supply or wastewater treatment system that	745
combines water from inside and outside of the Basin;	746

ii. Is treated to meet applicable water quality discharge	747
standards and to prevent the introduction of invasive species	748
into the Basin;	749

iii. Maximizes the portion of water returned to the Source	750
Watershed as Basin Water and minimizes the surface water or	751
groundwater from outside the Basin;	752

b.If the Proposal results from a New or Increased Withdrawal of	753
100,000 gallons per day or greater average over any 90-day	754
period, the Proposal shall also meet the Exception Standard;	755
and,	756

c. If the Proposal results in a New or Increased Consumptive Use	757
of 5 million gallons per day or greater average over any	758
90-day period, the Proposal shall also undergo Regional	759
Review.	760

2.        Intra-Basin Transfer.        A Proposal for an Intra-Basin Transfer	761
that would be considered a Diversion under this Compact, and	762
not already excepted pursuant to Paragraph 1 of this Section,	763
shall be excepted from the prohibition against Diversions,	764
provided that:	765

a. If the Proposal results from a New or Increased Withdrawal of	766
less than 100,000 gallons per day average over any 90-day	767
period, the Proposal shall be subject to management and	768
regulation at the discretion of the Originating Party.	769

b. If the Proposal results from a New or Increased Withdrawal of	770
100,000 gallons per day or greater average over any 90-day	771
period and if the Consumptive Use resulting from the	772
Withdrawal is less than 5 million gallons per day average	773
over any 90-day period:	774

i. The Proposal shall meet the Exception Standard and be subject	775
to management and regulation by the Originating Party, except	776
that the Water may be returned to another Great Lake	777
watershed rather than the Source Watershed;	778

ii. The Applicant shall demonstrate that there is no feasible,	779
cost effective, and environmentally sound water supply	780
alternative within the Great Lake watershed to which the	781
Water will be transferred, including conservation of existing	782
water supplies; and,	783

iii. The Originating Party shall provide notice to the other	784
Parties prior to making any decision with respect to the	785
Proposal.	786

c. If the Proposal results in a New or Increased Consumptive Use	787
of 5 million gallons per day or greater average over any	788
90-day period:	789

i. The Proposal shall be subject to management and regulation by	790
the Originating Party and shall meet the Exception Standard,	791
ensuring that Water Withdrawn shall be returned to the Source	792
Watershed;	793

ii. The Applicant shall demonstrate that there is no feasible,	794
cost effective, and environmentally sound water supply	795
alternative within the Great Lake watershed to which the	796
Water will be transferred, including conservation of existing	797
water supplies;	798

iii. The Proposal undergoes Regional Review; and,

799

iv. The Proposal is approved by the Council. Council approval	800
shall be given unless one or more Council members vote to	801
disapprove.	802

3.        Straddling Counties.        A Proposal to transfer Water to a	803
Community within a Straddling County that would be considered	804
a Diversion under this Compact shall be excepted from the	805
prohibition against Diversions, provided that it satisfies	806
all of the following conditions:	807

a. The Water shall be used solely for the Public Water Supply	808
Purposes of the Community within a Straddling County that is	809
without adequate supplies of potable water;	810

b. The Proposal meets the Exception Standard, maximizing the	811
portion of water returned to the Source Watershed as Basin	812
Water and minimizing the surface water or groundwater from	813
outside the Basin;	814

c. The Proposal shall be subject to management and regulation by	815
the Originating Party, regardless of its size;	816

d. There is no reasonable water supply alternative within the	817
Basin in which the community is located, including	818
conservation of existing water supplies;	819

e. Caution shall be used in determining whether or not the	820
Proposal meets the conditions for this Exception. This	821
Exception should not be authorized unless it can be shown	822
that it will not endanger the integrity of the Basin	823
Ecosystem;	824

f. The Proposal undergoes Regional Review; and,

825

g. The Proposal is approved by the Council. Council approval shall	826
be given unless one or more Council members vote to	827
disapprove.	828

A Proposal must satisfy all of the conditions listed above.	829
Further, substantive consideration will also be given to whether	830
or not the Proposal can provide sufficient scientifically based	831
evidence that the existing water supply is derived from	832
groundwater that is hydrologically interconnected to Waters of the	833
Basin.	834

4.        Exception Standard.        Proposals subject to management and	835
regulation in this Section shall be declared to meet this	836
Exception Standard and may be approved as appropriate only	837
when the following criteria are met:	838

a. The need for all or part of the proposed Exception cannot be	839
reasonably avoided through the efficient use and conservation	840
of existing water supplies;	841

b. The Exception will be limited to quantities that are considered	842
reasonable for the purposes for which it is proposed;	843

c. All Water Withdrawn shall be returned, either naturally or	844
after use, to the Source Watershed less an allowance for	845
Consumptive Use. No surface water or groundwater from outside	846
the Basin may be used to satisfy any portion of this	847
criterion except if it:	848

i. Is part of a water supply or wastewater treatment system that	849
combines water from inside and outside of the Basin;	850

ii. Is treated to meet applicable water quality discharge	851
standards and to prevent the introduction of invasive species	852
into the Basin;	853

d. The Exception will be implemented so as to ensure that it will	854
result in no significant individual or cumulative adverse	855
impacts to the quantity or quality of the Waters and Water	856
Dependent Natural Resources of the Basin with consideration	857
given to the potential Cumulative Impacts of any	858
precedent-setting consequences associated with the Proposal;	859

e. The Exception will be implemented so as to incorporate	860
Environmentally Sound and Economically Feasible Water	861
Conservation Measures to minimize Water Withdrawals or	862
Consumptive Use;	863

f. The Exception will be implemented so as to ensure that it is in	864
compliance with all applicable municipal, State and federal	865
laws as well as regional interstate and international	866
agreements, including the Boundary Waters Treaty of 1909;	867
and,	868

g. All other applicable criteria in Section 4.9 have also been	869
met.	870

Section 4.10. Management and Regulation of New or Increased	871
Withdrawals and Consumptive Uses.	872

1. Within five years of the effective date of this Compact, each	873
Party shall create a program for the management and	874
regulation of New or Increased Withdrawals and Consumptive	875
Uses by adopting and implementing Measures consistent with	876
the Decision-Making Standard. Each Party, through a	877
considered process, shall set and may modify threshold levels	878
for the regulation of New or Increased Withdrawals in order	879
to assure an effective and efficient Water management program	880
that will ensure that uses overall are reasonable, that	881
Withdrawals overall will not result in significant impacts to	882
the Waters and Water Dependent Natural Resources of the	883
Basin, determined on the basis of significant impacts to the	884
physical, chemical, and biological integrity of Source	885
Watersheds, and that all other objectives of the Compact are	886
achieved. Each Party may determine the scope and thresholds	887
of its program, including which New or Increased Withdrawals	888
and Consumptive Uses will be subject to the program.	889

2. Any Party that fails to set threshold levels that comply with	890
Section 4.10.1 any time before ten years after the effective	891
date of this Compact shall apply a threshold level for	892
management and regulation of all New or Increased Withdrawals	893
of 100,000 gallons per day or greater average in any 90-day	894
period.	895

3. The Parties intend programs for New or Increased Withdrawals	896
and Consumptive Uses to evolve as may be necessary to protect	897
Basin Waters. Pursuant to Section 3.4, the Council, in	898
cooperation with the Provinces, shall periodically assess the	899
Water management programs of the Parties. Such assessments	900
may produce recommendations for the strengthening of the	901
programs, including without limitation, establishing lower	902
thresholds for management and regulation in accordance with	903
the Decision-Making Standard.	904

Section 4.11. Decision-Making Standard.

905

Proposals subject to management and regulation in Section 4.10	906
shall be declared to meet this Decision-Making Standard and	907
may be approved as appropriate only when the following	908
criteria are met:	909

1. All Water Withdrawn shall be returned, either naturally or	910
after use, to the Source Watershed less an allowance for	911
Consumptive Use;	912

2. The Withdrawal or Consumptive Use will be implemented so as to	913
ensure that the Proposal will result in no significant	914
individual or cumulative adverse impacts to the quantity or	915
quality of the Waters and Water Dependent Natural Resources	916
and the applicable Source Watershed;	917

3. The Withdrawal or Consumptive Use will be implemented so as to	918
incorporate Environmentally Sound and Economically Feasible	919
Water Conservation Measures;	920

4. The Withdrawal or Consumptive Use will be implemented so as to	921
ensure that it is in compliance with all applicable	922
municipal, State and federal laws as well as regional	923
interstate and international agreements, including the	924
Boundary Waters Treaty of 1909;	925

5. The proposed use is reasonable, based upon a consideration of	926
the following factors:	927

a. Whether the proposed Withdrawal or Consumptive Use is planned	928
in a fashion that provides for efficient use of the Water,	929
and will avoid or minimize the waste of Water;	930

b. If the Proposal is for an increased Withdrawal or Consumptive	931
Use, whether efficient use is made of existing water	932
supplies;	933

c. The balance between economic development, social development	934
and environmental protection of the proposed Withdrawal and	935
use and other existing or planned withdrawals and water uses	936
sharing the Water source;	937

d. The supply potential of the Water source, considering quantity,	938
quality and reliability and safe yield of hydrologically	939
interconnected water sources;	940

e. The probable degree and duration of any adverse impacts caused	941
or expected to be caused by the proposed Withdrawal and use	942
under foreseeable conditions, to other lawful consumptive or	943
non-consumptive uses of water or to the quantity or quality	944
of the Waters and Water Dependent Natural Resources of the	945
Basin, and the proposed plans and arrangements for avoidance	946
or mitigation of such impacts; and,	947

f. If a Proposal includes restoration of hydrologic conditions and	948
functions of the Source Watershed, the Party may consider	949
that.	950

Section 4.12. Applicability.

951

1.        Minimum Standard.        This Standard of Review and Decision shall be	952
used as a minimum standard. Parties may impose a more	953
restrictive decision-making standard for Withdrawals under	954
their authority. It is also acknowledged that although a	955
Proposal meets the Standard of Review and Decision it may not	956
be approved under the laws of the Originating Party that has	957
implemented more restrictive Measures.	958

2.        Baseline.

959

a. To establish a baseline for determining a New or Increased	960
Diversion, Consumptive Use or Withdrawal, each Party shall	961
develop either or both of the following lists for their	962
jurisdiction:	963

i. A list of existing Withdrawal approvals as of the effective	964
date of the Compact;	965

ii. A list of the capacity of existing systems as of the effective	966
date of this Compact. The capacity of the existing systems	967
should be presented in terms of Withdrawal capacity,	968
treatment capacity, distribution capacity, or other capacity	969
limiting factors. The capacity of the existing systems must	970
represent the state of the systems. Existing capacity	971
determinations shall be based upon approval limits or the	972
most restrictive capacity information.	973

For all purposes of this Compact, volumes of Diversions,	974
Consumptive Uses, or Withdrawals of Water set forth in the	975
list(s) prepared by each Party in accordance with this	976
Section, shall constitute the baseline volume.	977

c. The list(s) shall be furnished to the Regional Body and the	978
Council within one year of the effective date of this	979
Compact.	980

3.        Timing of Additional Applications.        Applications for New or	981
Increased Withdrawals, Consumptive Uses or Exceptions shall	982
be considered cumulatively within ten years of any	983
application.	984

4.        Change of Ownership.        Unless a new owner proposes a project that	985
shall result in a Proposal for a New or Increased Diversion	986
or Consumptive Use subject to Regional Review or Council	987
approval, the change of ownership in and of itself shall not	988
require Regional Review or Council approval.	989

5.        Groundwater.        The Basin surface water divide shall be used for	990
the purpose of managing and regulating New or Increased	991
Diversions, Consumptive Uses or Withdrawals of surface water	992
and groundwater.	993

6.        Withdrawal Systems.        The total volume of surface water and	994
groundwater resources that supply a common distribution	995
system shall determine the volume of a Withdrawal,	996
Consumptive Use or Diversion.	997

7.        Connecting Channels.        The watershed of each Great Lake shall	998
include its upstream and downstream connecting channels.	999

8.        Transmission in Water Lines.        Transmission of Water within a	1000
line that extends outside the Basin as it conveys Water from	1001
one point to another within the Basin shall not be considered	1002
a Diversion if none of the Water is used outside the Basin.	1003

9.        Hydrologic Units.        The Lake Michigan and Lake Huron watersheds	1004
shall be considered to be a single hydrologic unit and	1005
watershed.	1006

10.        Bulk Water Transfer.        A Proposal to Withdraw Water and to	1007
remove it from the Basin in any container greater than 5.7	1008
gallons shall be treated under this Compact in the same	1009
manner as a Proposal for a Diversion. Each Party shall have	1010
the discretion, within its jurisdiction, to determine the	1011
treatment of Proposals to Withdraw Water and to remove it	1012
from the Basin in any container of 5.7 gallons or less.	1013

Section 4.13. Exemptions.

1014

Withdrawals from the Basin for the following purposes are exempt	1015
from the requirements of Article 4:	1016

1. To supply vehicles, including vessels and aircraft, whether for	1017
the needs of the persons or animals being transported or for	1018
ballast or other needs related to the operation of the	1019
vehicles.	1020

2. To use in a non-commercial project on a short-term basis for	1021
firefighting, humanitarian, or emergency response purposes.	1022

Section 4.14. U.S. Supreme Court Decree: Wisconsin et al. v.	1023
Illinois et al.	1024

1. Notwithstanding any terms of this Compact to the contrary, with	1025
the exception of Paragraph 5 of this Section, current, New or	1026
Increased Withdrawals, Consumptive Uses and Diversions of	1027
Basin Water by the State of Illinois shall be governed by the	1028
terms of the United States Supreme Court decree in        Wisconsin	1029
et al. v. Illinois et al.        and shall not be subject to the	1030
terms of this Compact nor any rules or regulations	1031
promulgated pursuant to this Compact. This means that, with	1032
the exception of Paragraph 5 of this Section, for purposes of	1033
this Compact, current, New or Increased Withdrawals,	1034
Consumptive Uses and Diversions of Basin Water within the	1035
State of Illinois shall be allowed unless prohibited by the	1036
terms of the United States Supreme Court decree in        Wisconsin	1037
et al. v. Illinois et al.	1038

2. The Parties acknowledge that the United States Supreme Court	1039
decree in        Wisconsin et al. v. Illinois et al.        shall continue	1040
in full force and effect, that this Compact shall not modify	1041
any terms thereof and that this Compact shall grant the	1042
parties no additional rights, obligations, remedies or	1043
defenses thereto. The Parties specifically acknowledge that	1044
this Compact shall not prohibit or limit the State of	1045
Illinois in any manner from seeking additional Basin Water as	1046
allowed under the terms of the United States Supreme Court	1047
decree in        Wisconsin et al. v. Illinois et al.       , any other	1048
party from objecting to any request by the State of Illinois	1049
for additional Basin Water under the terms of said decree, or	1050
any party from seeking any other type of modification to said	1051
decree. If an application is made by any party to the Supreme	1052
Court of the United States to modify said decree, the Parties	1053
to this Compact who are also parties to the decree shall seek	1054
formal input from the Canadian Provinces of Ontario and	1055
Quebec, with respect to the proposed modification, use best	1056
efforts to facilitate the appropriate participation of said	1057
Provinces in the proceedings to modify the decree, and shall	1058
not unreasonably impede or restrict such participation.	1059

3. With the exception of Paragraph 5 of this Section, because	1060
current, New or Increased Withdrawals, Consumptive Uses and	1061
Diversions of Basin Water by the State of Illinois are not	1062
subject to the terms of this Compact, the State of Illinois	1063
is prohibited from using any term of this Compact, including	1064
Section 4.9, to seek New or Increased Withdrawals,	1065
Consumptive Uses or Diversions of Basin Water.	1066

4. With the exception of Paragraph 5 of this Section, because	1067
Sections 4.3, 4.4, 4.5, 4.6, 4.7, 4.8, 4.9, 4.10, 4.11, 4.12	1068
(Paragraphs 1, 2, 3, 4, 6 and 10 only) and 4.13 of this	1069
Compact all relate to current, New or Increased Withdrawals,	1070
Consumptive Uses and Diversions of Basin Waters, said	1071
provisions do not apply to the State of Illinois. All other	1072
provisions of this Compact not listed in the preceding	1073
sentence shall apply to the State of Illinois, including the	1074
Water Conservation Programs provision of Section 4.2.	1075

5. In the event of a Proposal for a Diversion of Basin Water for	1076
use outside the territorial boundaries of the Parties to this	1077
Compact, decisions by the State of Illinois regarding such a	1078
Proposal would be subject to all terms of this Compact,	1079
except Paragraphs 1, 3 and 4 of this Section.	1080

6. For purposes of the State of Illinois' participation in this	1081
Compact, the entirety of this Section 4.14 is necessary for	1082
the continued implementation of this Compact and, if severed,	1083
this Compact shall no longer be binding on or enforceable by	1084
or against the State of Illinois.	1085

Section 4.15. Assessment of Cumulative Impacts.

1087

1. The Parties in cooperation with the Provinces shall	1088
collectively conduct within the Basin, on a Great Lake	1089
watershed and St. Lawrence River Basin basis, a periodic	1090
assessment of the Cumulative Impacts of Withdrawals,	1091
Diversions and Consumptive Uses from the Waters of the Basin,	1092
every five years or each time the incremental Basin Water	1093
losses reach 50 million gallons per day average in any 90-day	1094
period in excess of the quantity at the time of the most	1095
recent assessment, whichever comes first, or at the request	1096
of one or more of the Parties. The assessment shall form the	1097
basis for a review of the Standard of Review and Decision,	1098
Council and Party regulations and their application. This	1099
assessment shall:	1100

a. Utilize the most current and appropriate guidelines for such a	1101
review, which may include but not be limited to Council on	1102
Environmental Quality and Environment Canada guidelines;	1103

b. Give substantive consideration to climate change or other	1104
significant threats to Basin Waters and take into account the	1105
current state of scientific knowledge, or uncertainty, and	1106
appropriate Measures to exercise caution in cases of	1107
uncertainty if serious damage may result;	1108

c. Consider Adaptive Management principles and approaches,	1109
recognizing, considering and providing adjustments for the	1110
uncertainties in, and evolution of science concerning the	1111
Basin's Water resources, watersheds and Ecosystems, including	1112
potential changes to Basin-wide processes, such as lake level	1113
cycles and climate.	1114

2. The Parties have the responsibility of conducting this	1115
Cumulative Impact assessment. Applicants are not required to	1116
participate in this assessment.	1117

3. Unless required by other statutes, Applicants are not required	1118
to conduct a separate Cumulative Impact assessment in	1119
connection with an Application but shall submit information	1120
about the potential impacts of a Proposal to the quantity or	1121
quality of the Waters and Water Dependent Natural Resources	1122
of the applicable Source Watershed. An Applicant may,	1123
however, provide an analysis of how their Proposal meets the	1124
no significant adverse Cumulative Impact provision of the	1125
Standard of Review and Decision.	1126

ARTICLE 5

1127

TRIBAL CONSULTATION

1128

Section 5.1. Consultation with Tribes.

1129

1. In addition to all other opportunities to comment pursuant to	1130
Section 6.2, appropriate consultations shall occur with	1131
federally recognized Tribes in the Originating Party for all	1132
Proposals subject to Council or Regional Review pursuant to	1133
this Compact. Such consultations shall be organized in the	1134
manner suitable to the individual Proposal and the laws and	1135
policies of the Originating Party.	1136

2. All federally recognized Tribes within the Basin shall receive	1137
reasonable notice indicating that they have an opportunity to	1138
comment in writing to the Council or the Regional Body, or	1139
both, and other relevant organizations on whether the	1140
Proposal meets the requirements of the Standard of Review and	1141
Decision when a Proposal is subject to Regional Review or	1142
Council approval. Any notice from the Council shall inform	1143
the Tribes of any meeting or hearing that is to be held under	1144
Section 6.2 and invite them to attend. The Parties and the	1145
Council shall consider the comments received under this	1146
Section before approving, approving with modifications or	1147
disapproving any Proposal subject to Council or Regional	1148
Review.	1149

3. In addition to the specific consultation mechanisms described	1150
above, the Council shall seek to establish mutually agreed	1151
upon mechanisms or processes to facilitate dialogue with, and	1152
input from federally recognized Tribes on matters to be dealt	1153
with by the Council; and, the Council shall seek to establish	1154
mechanisms and processes with federally recognized Tribes	1155
designed to facilitate on-going scientific and technical	1156
interaction and data exchange regarding matters falling	1157
within the scope of this Compact. This may include	1158
participation of tribal representatives on advisory	1159
committees established under this Compact or such other	1160
processes that are mutually-agreed upon with federally	1161
recognized Tribes individually or through duly-authorized	1162
intertribal agencies or bodies.	1163

ARTICLE 6

1164

PUBLIC PARTICIPATION

1165

Section 6.1. Meetings, Public Hearings and Records.

1166

1. The Parties recognize the importance and necessity of public	1167
participation in promoting management of the Water Resources	1168
of the Basin. Consequently, all meetings of the Council shall	1169
be open to the public, except with respect to issues of	1170
personnel.	1171

2. The minutes of the Council shall be a public record open to	1172
inspection at its offices during regular business hours.	1173

Section 6.2. Public Participation.

1174

It is the intent of the Council to conduct public participation	1175
processes concurrently and jointly with processes undertaken by	1176
the Parties and through Regional Review. To ensure adequate public	1177
participation, each Party or the Council shall ensure procedures	1178
for the review of Proposals subject to the Standard of Review and	1179
Decision consistent with the following requirements:	1180

1. Provide public notification of receipt of all Applications and	1181
a reasonable opportunity for the public to submit comments	1182
before Applications are acted upon.	1183

2. Assure public accessibility to all documents relevant to an	1184
Application, including public comment received.	1185

3. Provide guidance on standards for determining whether to	1186
conduct a public meeting or hearing for an Application, time	1187
and place of such a meeting(s) or hearing(s), and procedures	1188
for conducting of the same.	1189

4. Provide the record of decision for public inspection including	1190
comments, objections, responses and approvals, approvals with	1191
conditions and disapprovals.	1192

ARTICLE 7

1193

DISPUTE RESOLUTION AND ENFORCEMENT

1194

Section 7.1. Good Faith Implementation.

1195

Each of the Parties pledges to support implementation of all	1196
provisions of this Compact, and covenants that its officers and	1197
agencies shall not hinder, impair or prevent any other Party	1198
carrying out any provision of this Compact.	1199

Section 7.2. Alternative Dispute Resolution.

1200

1. Desiring that this Compact be carried out in full, the Parties	1201
agree that disputes between the Parties regarding	1202
interpretation, application and implementation of this	1203
Compact shall be settled by alternative dispute resolution.	1204

2. The Council, in consultation with the Provinces, shall provide	1205
by rule procedures for the resolution of disputes pursuant to	1206
this section.	1207

Section 7.3. Enforcement.

1208

1. Any Person aggrieved by any action taken by the Council	1209
pursuant to the authorities contained in this Compact shall	1210
be entitled to a hearing before the Council. Any Person	1211
aggrieved by a Party action shall be entitled to a hearing	1212
pursuant to the relevant Party's administrative procedures	1213
and laws. After exhaustion of such administrative remedies,	1214
(i) any aggrieved Person shall have the right to judicial	1215
review of a Council action in the United States District	1216
Court for the District of Columbia or the District Court in	1217
which the Council maintains offices, provided such action is	1218
commenced within 90 days; and, (ii) any aggrieved Person	1219
shall have the right to judicial review of a Party's action	1220
in the relevant Party's court of competent jurisdiction,	1221
provided that an action or proceeding for such review is	1222
commenced within the time frames provided for by the Party's	1223
law. For the purposes of this paragraph, a State or Province	1224
is deemed to be an aggrieved Person with respect to any Party	1225
action pursuant to this Compact.	1226

2.a. Any Party or the Council may initiate actions to compel	1227
compliance with the provisions of this Compact, and the rules	1228
and regulations promulgated hereunder by the Council.	1229
Jurisdiction over such actions is granted to the court of the	1230
relevant Party, as well as the United States District Court	1231
for the District of Columbia and the District Court in which	1232
the Council maintains offices. The remedies available to any	1233
such court shall include, but not be limited to, equitable	1234
relief and civil penalties.	1235

b. Each Party may issue orders within its respective jurisdiction	1236
and may initiate actions to compel compliance with the	1237
provisions of its respective statutes and regulations adopted	1238
to implement the authorities contemplated by this Compact in	1239
accordance with the provisions of the laws adopted in each	1240
Party's jurisdiction.	1241

3. Any aggrieved Person, Party or the Council may commence a civil	1242
action in the relevant Party's courts and administrative	1243
systems to compel any Person to comply with this Compact	1244
should any such Person, without approval having been given,	1245
undertake a New or Increased Withdrawal, Consumptive Use or	1246
Diversion that is prohibited or subject to approval pursuant	1247
to this Compact.	1248

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

1249

i. The Originating Party or Council approval for the New or	1250
Increased Withdrawal, Consumptive Use or Diversion has been	1251
granted; or,	1252

ii. The Originating Party or Council has found that the New or	1253
Increased Withdrawal, Consumptive Use or Diversion is not	1254
subject to approval pursuant to this Compact.	1255

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

1256

i. A Person commencing such action has first given 60 days' prior	1257
notice to the Originating Party, the Council and Person	1258
alleged to be in noncompliance; and,	1259

ii. Neither the Originating Party nor the Council has commenced	1260
and is diligently prosecuting appropriate enforcement actions	1261
to compel compliance with this Compact.	1262

The available remedies shall include equitable relief, and the	1263
prevailing or substantially prevailing party may recover the costs	1264
of litigation, including reasonable attorney and expert witness	1265
fees, whenever the court determines that such an award is	1266
appropriate.	1267

4. Each of the Parties may adopt provisions providing additional	1268
enforcement mechanisms and remedies including equitable	1269
relief and civil penalties applicable within its jurisdiction	1270
to assist in the implementation of this Compact.	1271

ARTICLE 8

1272

ADDITIONAL PROVISIONS

1273

Section 8.1. Effect on Existing Rights.

1274

1. Nothing in this Compact shall be construed to affect, limit,	1275
diminish or impair any rights validly established and	1276
existing as of the effective date of this Compact under State	1277
or federal law governing the Withdrawal of Waters of the	1278
Basin.	1279

2. Nothing contained in this Compact shall be construed as	1280
affecting or intending to affect or in any way to interfere	1281
with the law of the respective Parties relating to common law	1282
Water rights.	1283

3. Nothing in this Compact is intended to abrogate or derogate	1284
from treaty rights or rights held by any Tribe recognized by	1285
the federal government of the United States based upon its	1286
status as a Tribe recognized by the federal government of the	1287
United States.	1288

4. An approval by a Party or the Council under this Compact does	1289
not give any property rights, nor any exclusive privileges,	1290
nor shall it be construed to grant or confer any right,	1291
title, easement or interest in, to or over any land belonging	1292
to or held in trust by a Party; neither does it authorize any	1293
injury to private property or invasion of private rights, nor	1294
infringement of federal, State or local laws or regulations;	1295
nor does it obviate the necessity of obtaining federal assent	1296
when necessary.	1297

Section 8.2. Relationship to Agreements Concluded by the United	1298
States of America.	1299

1. Nothing in this Compact is intended to provide nor shall be	1300
construed to provide, directly or indirectly, to any Person	1301
any right, claim or remedy under any treaty or international	1302
agreement nor is it intended to derogate any right, claim or	1303
remedy that already exists under any treaty or international	1304
agreement.	1305

2. Nothing in this Compact is intended to infringe nor shall be	1306
construed to infringe upon the treaty power of the United	1307
States of America, nor shall any term hereof be construed to	1308
alter or amend any treaty or term thereof that has been or	1309
may hereafter be executed by the United States of America.	1310

3. Nothing in this Compact is intended to affect nor shall be	1311
construed to affect the application of the Boundary Waters	1312
Treaty of 1909 whose requirements continue to apply in	1313
addition to the requirements of this Compact.	1314

Section 8.3. Confidentiality.

1315

1. Nothing in this Compact requires a Party to breach	1316
confidentiality obligations or requirements prohibiting	1317
disclosure, or to compromise security of commercially	1318
sensitive or proprietary information.	1319

2. A Party may take measures, including but not limited to	1320
deletion and redaction, deemed necessary to protect any	1321
confidential, proprietary or commercially sensitive	1322
information when distributing information to other Parties.	1323
The Party shall summarize or paraphrase any such information	1324
in a manner sufficient for the Council to exercise its	1325
authorities contained in this Compact.	1326

Section 8.4. Additional Laws.

1327

Nothing in this Compact shall be construed to repeal, modify or	1328
qualify the authority of any Party to enact any legislation or	1329
enforce any additional conditions and restrictions regarding the	1330
management and regulation of Waters within its jurisdiction.	1331

Section 8.5. Amendments and Supplements.

1332

The provisions of this Compact shall remain in full force and	1333
effect until amended by action of the governing bodies of the	1334
Parties and consented to and approved by any other necessary	1335
authority in the same manner as this Compact is required to be	1336
ratified to become effective.	1337

Section 8.6. Severability.

1338

Should a court of competent jurisdiction hold any part of this	1339
Compact to be void or unenforceable, it shall be considered	1340
severable from those portions of the Compact capable of continued	1341
implementation in the absence of the voided provisions. All other	1342
provisions capable of continued implementation shall continue in	1343
full force and effect.	1344

Section 8.7. Duration of Compact and Termination.

1345

Once effective, the Compact shall continue in force and remain	1346
binding upon each and every Party unless terminated.	1347

This Compact may be terminated at any time by a majority vote of	1348
the Parties. In the event of such termination, all rights	1349
established under it shall continue unimpaired.	1350

ARTICLE 9

1351

EFFECTUATION

1352

Section 9.1. Repealer.

1353

All acts and parts of acts inconsistent with this act are to the	1354
extent of such inconsistency hereby repealed.	1355

Section 9.2. Effectuation by Chief Executive.

1356

The Governor is authorized to take such action as may be necessary	1357
and proper in his or her discretion to effectuate the Compact and	1358
the initial organization and operation thereunder.	1359

Section 9.3. Entire Agreement.

1360

The Parties consider this Compact to be complete and an integral	1361
whole. Each provision of this Compact is considered material to	1362
the entire Compact, and failure to implement or adhere to any	1363
provision may be considered a material breach. Unless otherwise	1364
noted in this Compact, any change or amendment made to the Compact	1365
by any Party in its implementing legislation or by the U.S.	1366
Congress when giving its consent to this Compact is not considered	1367
effective unless concurred in by all Parties.	1368

Section 9.4. Effective Date and Execution.

1369

This Compact shall become binding and effective when ratified	1370
through concurring legislation by the states of Illinois, Indiana,	1371
Michigan, Minnesota, New York, Ohio and Wisconsin and the	1372
Commonwealth of Pennsylvania and consented to by the Congress of	1373
the United States. This Compact shall be signed and sealed in nine	1374
identical original copies by the respective chief executives of	1375
the signatory Parties. One such copy shall be filed with the	1376
Secretary of State of each of the signatory Parties or in	1377
accordance with the laws of the state in which the filing is made,	1378
and one copy shall be filed and retained in the archives of the	1379
Council upon its organization. The signatures shall be affixed and	1380
attested under the following form:	1381

In Witness Whereof, and in evidence of the adoption and enactment	1382
into law of this Compact by the legislatures of the signatory	1383
parties and consent by the Congress of the United States, the	1384
respective Governors do hereby, in accordance with the authority	1385
conferred by law, sign this Compact in nine duplicate original	1386
copies, attested by the respective Secretaries of State, and have	1387
caused the seals of the respective states to be hereunto affixed	1388
this        day of (month), (year).	1389

Sec. 1522.02. The governor, ex officio, shall serve as this	1390
state's administrator of the Great Lakes-St. Lawrence river basin	1391
water resources compact. The governor shall appoint the director	1392
of natural resources as the governor's alternate for purposes of	1393
attending all meetings of the Great Lakes-St. Lawrence river basin	1394
water resources council and voting on matters before the council	1395
in the governor's absence.	1396

The governor shall do all of the following as administrator:

1397

(A) Receive copies of all agreements that are entered into	1398
pursuant to the compact by this state or its political	1399
subdivisions and other states or their political subdivisions;	1400

(B) Consult with, advise, and aid this state, other states,	1401
and political subdivisions in the formulation of such agreements;	1402

(C) Make any recommendations to the general assembly,	1403
legislatures of other states, governmental agencies, and political	1404
subdivisions that the governor considers desirable in order to	1405
effectuate the purposes of the compact;	1406

(D) Consult with and cooperate with the compact	1407
administrators of other states that are parties to the compact.	1408

Sec. 1522.03. (A) The director of natural resources shall do	1409
both of the following:	1410

(1) Adopt rules in accordance with Chapter 119. of the	1411
Revised Code for the implementation, administration, and	1412
enforcement of this chapter;	1413

(2) Enforce the Great Lakes-St. Lawrence river basin water	1414
resources compact and take appropriate actions to effectuate its	1415
purposes and intent.	1416

(B) Any appropriate state agency or governmental officer	1417
shall enforce the compact and take appropriate actions to	1418
effectuate its purpose and intent.	1419

Section 2. It is the intent of the General Assembly that on	1420
the effective date of the Great Lakes-St. Lawrence River Basin	1421
Water Resources Compact, as that date is specified in Section 9.4	1422
of the Compact as enacted in section 1522.01 of the Revised Code	1423
by this act, both of the following apply:	1424

(A) All provisions of the Revised Code that were inconsistent	1425
with the Compact prior to the effective date of the Compact shall	1426
have been amended or repealed in order to conform with the Compact	1427
in accordance with section 9.1 of the Compact.	1428

(B) Sections 1521.15 and 1521.16 of the Revised Code, as they	1429
exist on the effective date of this act or as subsequently	1430
amended, shall be used to implement Section 4.1 of the Compact.	1431

Section 3. Text that is italicized in the Great Lakes-St.	1432
Lawrence River Basin Water Resources Compact as presented in this	1433
act shall not be italicized but rather underlined in publications	1434
of the compact.	1435