Executive Committee
Filed: 3/21/2007
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1 | AMENDMENT TO HOUSE BILL 375
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2 | AMENDMENT NO. ______. Amend House Bill 375 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the Great | ||||||
5 | Lakes-St. Lawrence River Basin Water Resources Compact Act. | ||||||
6 | Section 5. Great Lakes-St. Lawrence River Basin Water | ||||||
7 | Resources Compact. The Governor of this State is authorized to | ||||||
8 | take such action as may be necessary and proper in his or her | ||||||
9 | discretion to effectuate the following Compact and the initial | ||||||
10 | organization and operation thereunder: | ||||||
11 | AGREEMENT | ||||||
12 | Section 1. The states of Illinois, Indiana, Michigan, | ||||||
13 | Minnesota, New York, Ohio
and Wisconsin and the Commonwealth of |
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1 | Pennsylvania hereby solemnly covenant and
agree with each | ||||||
2 | other, upon enactment of concurrent legislation by the | ||||||
3 | respective state
legislatures and consent by the Congress of | ||||||
4 | the United States as follows:
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5 | GREAT LAKES-ST. LAWRENCE RIVER BASIN WATER RESOURCES | ||||||
6 | COMPACT | ||||||
7 | ARTICLE 1 | ||||||
8 | SHORT TITLE, DEFINITIONS, PURPOSES AND DURATION | ||||||
9 | Section 1.1. Short Title. This act shall be known and may | ||||||
10 | be cited as the "Great
Lakes-St. Lawrence River Basin Water | ||||||
11 | Resources Compact." | ||||||
12 | Section 1.2. Definitions. For the purposes of this Compact, | ||||||
13 | and of any supplemental or
concurring legislation enacted | ||||||
14 | pursuant thereto, except as may be otherwise required by
the | ||||||
15 | context: | ||||||
16 | Adaptive Management means a Water resources management | ||||||
17 | system that provides a
systematic process for evaluation, | ||||||
18 | monitoring and learning from the outcomes of
operational | ||||||
19 | programs and adjustment of policies, plans and programs based | ||||||
20 | on experience
and the evolution of scientific knowledge | ||||||
21 | concerning Water resources and Water
Dependent Natural | ||||||
22 | Resources. |
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1 | Agreement means the Great Lakes-St. Lawrence River Basin | ||||||
2 | Sustainable Water
Resources Agreement. | ||||||
3 | Applicant means a Person who is required to submit a | ||||||
4 | Proposal that is subject to
management and regulation under | ||||||
5 | this Compact. Application has a corresponding
meaning. | ||||||
6 | Basin or Great Lakes-St. Lawrence River Basin means the | ||||||
7 | watershed of the Great
Lakes and the St. Lawrence River | ||||||
8 | upstream from Trois-Rivières, Québec within the
jurisdiction | ||||||
9 | of the Parties. | ||||||
10 | Basin Ecosystem or Great Lakes-St. Lawrence River Basin | ||||||
11 | Ecosystem means the
interacting components of air, land, Water | ||||||
12 | and living organisms, including humankind,
within the Basin. | ||||||
13 | Community within a Straddling County means any | ||||||
14 | incorporated city, town or the
equivalent thereof, that is | ||||||
15 | located outside the Basin but wholly within a County that lies
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16 | partly within the Basin and that is not a Straddling Community. | ||||||
17 | Compact means this Compact. | ||||||
18 | Consumptive Use means that portion of the Water Withdrawn | ||||||
19 | or withheld from the
Basin that is lost or otherwise not | ||||||
20 | returned to the Basin due to evaporation, incorporation
into | ||||||
21 | Products, or other processes. | ||||||
22 | Council means the Great Lakes-St. Lawrence River Basin | ||||||
23 | Water Resources Council,
created by this Compact.
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24 | Council Review means the collective review by the Council | ||||||
25 | members as described in
Article 4 of this Compact.
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26 | County means the largest territorial division for local |
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1 | government in a State. The County
boundaries shall be defined | ||||||
2 | as those boundaries that exist as of December 13, 2005.
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3 | Cumulative Impacts mean the impact on the Basin Ecosystem | ||||||
4 | that results from
incremental effects of all aspects of a | ||||||
5 | Withdrawal, Diversion or Consumptive Use in
addition to other | ||||||
6 | past, present, and reasonably foreseeable future Withdrawals,
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7 | Diversions and Consumptive Uses regardless of who undertakes | ||||||
8 | the other Withdrawals,
Diversions and Consumptive Uses. | ||||||
9 | Cumulative Impacts can result from individually
minor but | ||||||
10 | collectively significant Withdrawals, Diversions and | ||||||
11 | Consumptive Uses taking
place over a period of time.
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12 | Decision-Making Standard means the decision-making | ||||||
13 | standard established by Section
4.11 for Proposals subject to | ||||||
14 | management and regulation in Section 4.10.
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15 | Diversion means a transfer of Water from the Basin into | ||||||
16 | another watershed, or from the
watershed of one of the Great | ||||||
17 | Lakes into that of another by any means of transfer,
including | ||||||
18 | but not limited to a pipeline, canal, tunnel, aqueduct, | ||||||
19 | channel, modification of
the direction of a water course, a | ||||||
20 | tanker ship, tanker truck or rail tanker but does not
apply to | ||||||
21 | Water that is used in the Basin or a Great Lake watershed to | ||||||
22 | manufacture or
produce a Product that is then transferred out | ||||||
23 | of the Basin or watershed. Divert has a
corresponding meaning.
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24 | Environmentally Sound and Economically Feasible Water | ||||||
25 | Conservation Measures
mean those measures, methods, | ||||||
26 | technologies or practices for efficient water use and for
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1 | reduction of water loss and waste or for reducing a Withdrawal, | ||||||
2 | Consumptive Use or
Diversion that i) are environmentally sound, | ||||||
3 | ii) reflect best practices applicable to the
water use sector, | ||||||
4 | iii) are technically feasible and available, iv) are | ||||||
5 | economically feasible
and cost effective based on an analysis | ||||||
6 | that considers direct and avoided economic and
environmental | ||||||
7 | costs and v) consider the particular facilities and processes | ||||||
8 | involved,
taking into account the environmental impact, age of | ||||||
9 | equipment and facilities involved,
the processes employed, | ||||||
10 | energy impacts and other appropriate factors.
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11 | Exception means a transfer of Water that is excepted under | ||||||
12 | Section 4.9 from the
prohibition against Diversions in Section | ||||||
13 | 4.8.
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14 | Exception Standard means the standard for Exceptions | ||||||
15 | established in Section 4.9.4. | ||||||
16 | Intra-Basin Transfer means the transfer of Water from the | ||||||
17 | watershed of one of the
Great Lakes into the watershed of | ||||||
18 | another Great Lake.
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19 | Measures means any legislation, law, regulation, | ||||||
20 | directive, requirement, guideline,
program, policy, | ||||||
21 | administrative practice or other procedure.
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22 | New or Increased Diversion means a new Diversion, an | ||||||
23 | increase in an existing
Diversion, or the alteration of an | ||||||
24 | existing Withdrawal so that it becomes a Diversion.
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25 | New or Increased Withdrawal or Consumptive Use means a new | ||||||
26 | Withdrawal or
Consumptive Use or an increase in an existing |
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1 | Withdrawal or Consumptive Use.
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2 | Originating Party means the Party within whose | ||||||
3 | jurisdiction an Application or
registration is made or | ||||||
4 | required.
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5 | Party means a State party to this Compact.
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6 | Person means a human being or a legal person, including a | ||||||
7 | government or a non-governmental
organization, including any | ||||||
8 | scientific, professional, business, non-profit, or
public | ||||||
9 | interest organization or association that is neither | ||||||
10 | affiliated with, nor under the
direction of a government.
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11 | Product means something produced in the Basin by human or | ||||||
12 | mechanical effort or
through agricultural processes and used in | ||||||
13 | manufacturing, commercial or other processes
or intended for | ||||||
14 | intermediate or end use consumers. (i) Water used as part of | ||||||
15 | the
packaging of a Product shall be considered to be part of | ||||||
16 | the Product. (ii) Other than
Water used as part of the | ||||||
17 | packaging of a Product, Water that is used primarily to | ||||||
18 | transport
materials in or out of the Basin is not a Product or | ||||||
19 | part of a Product. (iii) Except as
provided in (i) above, Water | ||||||
20 | which is transferred as part of a public or private supply is
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21 | not a Product or part of a Product. (iv) Water in its natural | ||||||
22 | state such as in lakes, rivers,
reservoirs, aquifers, or water | ||||||
23 | basins is not a Product.
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24 | Proposal means a Withdrawal, Diversion or Consumptive Use | ||||||
25 | of Water that is subject to
this Compact.
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26 | Province means Ontario or Québec.
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1 | Public Water Supply Purposes means water distributed to the | ||||||
2 | public through a
physically connected system of treatment, | ||||||
3 | storage and distribution facilities serving a
group of largely | ||||||
4 | residential customers that may also serve industrial, | ||||||
5 | commercial, and
other institutional operators. Water Withdrawn | ||||||
6 | directly from the Basin and not through
such a system shall not | ||||||
7 | be considered to be used for Public Water Supply Purposes.
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8 | Regional Body means the members of the Council and the | ||||||
9 | Premiers of Ontario and
Québec or their designee as established | ||||||
10 | by the Agreement.
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11 | Regional Review means the collective review by the Regional | ||||||
12 | Body as described in
Article 4 of this Compact.
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13 | Source Watershed means the watershed from which a | ||||||
14 | Withdrawal originates. If Water
is Withdrawn directly from a | ||||||
15 | Great Lake or from the St. Lawrence River, then the Source
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16 | Watershed shall be considered to be the watershed of that Great | ||||||
17 | Lake or the watershed of
the St. Lawrence River, respectively. | ||||||
18 | If Water is Withdrawn from the watershed of a
stream that is a | ||||||
19 | direct tributary to a Great Lake or a direct tributary to the | ||||||
20 | St. Lawrence
River, then the Source Watershed shall be | ||||||
21 | considered to be the watershed of that Great
Lake or the | ||||||
22 | watershed of the St. Lawrence River, respectively, with a | ||||||
23 | preference to the
direct tributary stream watershed from which | ||||||
24 | it was Withdrawn.
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25 | Standard of Review and Decision means the Exception | ||||||
26 | Standard, Decision-Making
Standard and reviews as outlined in |
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1 | Article 4 of this Compact.
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2 | State means one of the states of Illinois, Indiana, | ||||||
3 | Michigan, Minnesota, New York, Ohio
or Wisconsin or the | ||||||
4 | Commonwealth of Pennsylvania.
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5 | Straddling Community means any incorporated city, town or | ||||||
6 | the equivalent thereof,
wholly within any County that lies | ||||||
7 | partly or completely within the Basin, whose
corporate boundary | ||||||
8 | existing as of the effective date of this Compact, is partly | ||||||
9 | within the
Basin or partly within two Great Lakes watersheds.
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10 | Technical Review means a detailed review conducted to | ||||||
11 | determine whether or not a
Proposal that requires Regional | ||||||
12 | Review under this Compact meets the Standard of
Review and | ||||||
13 | Decision following procedures and guidelines as set out in this | ||||||
14 | Compact.
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15 | Water means ground or surface water contained within the | ||||||
16 | Basin.
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17 | Water Dependent Natural Resources means the interacting | ||||||
18 | components of land, Water
and living organisms affected by the | ||||||
19 | Waters of the Basin.
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20 | Waters of the Basin or Basin Water means the Great Lakes | ||||||
21 | and all streams, rivers,
lakes, connecting channels and other | ||||||
22 | bodies of water, including tributary groundwater,
within the | ||||||
23 | Basin.
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24 | Withdrawal means the taking of water from surface water or | ||||||
25 | groundwater. Withdraw
has a corresponding meaning.
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1 | Section 1.3. Findings and Purposes.
The legislative bodies | ||||||
2 | of the respective Parties hereby find and declare:
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3 | 1. Findings:
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4 | a. The Waters of the Basin are precious public natural | ||||||
5 | resources shared and held in
trust by the States;
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6 | b. The Waters of the Basin are interconnected and part | ||||||
7 | of a single hydrologic
system;
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8 | c. The Waters of the Basin can concurrently serve | ||||||
9 | multiple uses. Such multiple uses
include municipal, | ||||||
10 | public, industrial, commercial, agriculture, mining, | ||||||
11 | navigation,
energy development and production, recreation, | ||||||
12 | the subsistence, economic and
cultural activities of | ||||||
13 | native peoples, Water quality maintenance, and the
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14 | maintenance of fish and wildlife habitat and a balanced | ||||||
15 | ecosystem. And, other
purposes are encouraged, recognizing | ||||||
16 | that such uses are interdependent and must
be balanced;
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17 | d. Future Diversions and Consumptive Uses of Basin | ||||||
18 | Water resources have the
potential to significantly impact | ||||||
19 | the environment, economy and welfare of the
Great Lakes-St. | ||||||
20 | Lawrence River region;
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21 | e. Continued sustainable, accessible and adequate | ||||||
22 | Water supplies for the people and
economy of the Basin are | ||||||
23 | of vital importance; and,
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24 | f. The Parties have a shared duty to protect, conserve, | ||||||
25 | restore, improve and manage
the renewable but finite Waters | ||||||
26 | of the Basin for the use, benefit and enjoyment of
all |
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1 | their citizens, including generations yet to come. The most | ||||||
2 | effective means of
protecting, conserving, restoring, | ||||||
3 | improving and managing the Basin Waters is
through the | ||||||
4 | joint pursuit of unified and cooperative principles, | ||||||
5 | policies and
programs mutually agreed upon, enacted and | ||||||
6 | adhered to by all Parties.
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7 | 2. Purposes:
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8 | a. To act together to protect, conserve, restore, | ||||||
9 | improve and effectively manage the
Waters and Water | ||||||
10 | Dependent Natural Resources of the Basin under appropriate
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11 | arrangements for intergovernmental cooperation and | ||||||
12 | consultation because current
lack of full scientific | ||||||
13 | certainty should not be used as a reason for postponing
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14 | measures to protect the Basin Ecosystem;
| ||||||
15 | b. To remove causes of present and future | ||||||
16 | controversies;
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17 | c. To provide for cooperative planning and action by | ||||||
18 | the Parties with respect to such
Water resources;
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19 | d. To facilitate consistent approaches to Water | ||||||
20 | management across the Basin while
retaining State | ||||||
21 | management authority over Water management decisions | ||||||
22 | within
the Basin;
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23 | e. To facilitate the exchange of data, strengthen the | ||||||
24 | scientific information base upon
which decisions are made | ||||||
25 | and engage in consultation on the potential effects of
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26 | proposed Withdrawals and losses on the Waters and Water |
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1 | Dependent Natural
Resources of the Basin;
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2 | f. To prevent significant adverse impacts of | ||||||
3 | Withdrawals and losses on the Basin's
ecosystems and | ||||||
4 | watersheds;
| ||||||
5 | g. To promote interstate and State-Provincial comity; | ||||||
6 | and,
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7 | h. To promote an Adaptive Management approach to the | ||||||
8 | conservation and
management of Basin Water resources, | ||||||
9 | which recognizes, considers and provides
adjustments for | ||||||
10 | the uncertainties in, and evolution of, scientific | ||||||
11 | knowledge
concerning the Basin's Waters and Water | ||||||
12 | Dependent Natural Resources.
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13 | Section 1.4. Science.
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14 | 1. The Parties commit to provide leadership for the | ||||||
15 | development of a collaborative
strategy with other regional | ||||||
16 | partners to strengthen the scientific basis for sound Water
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17 | management decision making under this Compact.
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18 | 2. The strategy shall guide the collection and application | ||||||
19 | of scientific information to
support:
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20 | a. An improved understanding of the individual and | ||||||
21 | Cumulative Impacts of
Withdrawals from various locations | ||||||
22 | and Water sources on the Basin Ecosystem
and to develop a | ||||||
23 | mechanism by which impacts of Withdrawals may be assessed;
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24 | b. The periodic assessment of Cumulative Impacts of | ||||||
25 | Withdrawals, Diversions and
Consumptive Uses on a Great |
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1 | Lake and St. Lawrence River watershed basis;
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2 | c. Improved scientific understanding of the Waters of | ||||||
3 | the Basin;
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4 | d. Improved understanding of the role of groundwater in | ||||||
5 | Basin Water resources
management; and,
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6 | e. The development, transfer and application of | ||||||
7 | science and research related to
Water conservation and | ||||||
8 | Water use efficiency.
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9 | ARTICLE 2 | ||||||
10 | ORGANIZATION | ||||||
11 | Section 2.1. Council Created. | ||||||
12 | The Great Lakes-St. Lawrence River Basin Water Resources | ||||||
13 | Council is hereby created
as a body politic and corporate, with | ||||||
14 | succession for the duration of this Compact, as an
agency and | ||||||
15 | instrumentality of the governments of the respective Parties.
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16 | Section 2.2. Council Membership.
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17 | The Council shall consist of the Governors of the Parties, | ||||||
18 | ex officio.
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19 | Section 2.3. Alternates.
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20 | Each member of the Council shall appoint at least one | ||||||
21 | alternate who may act in his or her
place and stead, with | ||||||
22 | authority to attend all meetings of the Council and with power |
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1 | to
vote in the absence of the member. Unless otherwise provided | ||||||
2 | by law of the Party for
which he or she is appointed, each | ||||||
3 | alternate shall serve during the term of the member
appointing | ||||||
4 | him or her, subject to removal at the pleasure of the member. | ||||||
5 | In the event of a
vacancy in the office of alternate, it shall | ||||||
6 | be filled in the same manner as an original
appointment for the | ||||||
7 | unexpired term only. | ||||||
8 | Section 2.4. Voting.
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9 | 1. Each member is entitled to one vote on all matters that | ||||||
10 | may come before the Council.
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11 | 2. Unless otherwise stated, the rule of decision shall be | ||||||
12 | by a simple majority.
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13 | 3. The Council shall annually adopt a budget for each | ||||||
14 | fiscal year and the amount
required to balance the budget shall | ||||||
15 | be apportioned equitably among the Parties by
unanimous vote of | ||||||
16 | the Council. The appropriation of such amounts shall be subject
| ||||||
17 | to such review and approval as may be required by the budgetary | ||||||
18 | processes of the
respective Parties.
| ||||||
19 | 4. The participation of Council members from a majority of | ||||||
20 | the Parties shall constitute a
quorum for the transaction of | ||||||
21 | business at any meeting of the Council.
| ||||||
22 | Section 2.5. Organization and Procedure.
| ||||||
23 | The Council shall provide for its own organization and | ||||||
24 | procedure, and may adopt rules
and regulations governing its |
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1 | meetings and transactions, as well as the procedures and
| ||||||
2 | timeline for submission, review and consideration of Proposals | ||||||
3 | that come before the
Council for its review and action. The | ||||||
4 | Council shall organize, annually, by the election
of a Chair | ||||||
5 | and Vice Chair from among its members. Each member may appoint | ||||||
6 | an
advisor, who may attend all meetings of the Council and its | ||||||
7 | committees, but shall not
have voting power. The Council may | ||||||
8 | employ or appoint professional and administrative
personnel, | ||||||
9 | including an Executive Director, as it may deem advisable, to | ||||||
10 | carry out the
purposes of this Compact.
| ||||||
11 | Section 2.6. Use of Existing Offices and Agencies.
| ||||||
12 | It is the policy of the Parties to preserve and utilize the | ||||||
13 | functions, powers and duties of
existing offices and agencies | ||||||
14 | of government to the extent consistent with this Compact.
| ||||||
15 | Further, the Council shall promote and aid the coordination of | ||||||
16 | the activities and programs
of the Parties concerned with Water | ||||||
17 | resources management in the Basin. To this end, but
without | ||||||
18 | limitation, the Council may:
| ||||||
19 | 1. Advise, consult, contract, assist or otherwise | ||||||
20 | cooperate with any and all such
agencies;
| ||||||
21 | 2. Employ any other agency or instrumentality of any of the | ||||||
22 | Parties for any purpose;
and,
| ||||||
23 | 3. Develop and adopt plans consistent with the Water | ||||||
24 | resources plans of the Parties.
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1 | Section 2.7. Jurisdiction.
| ||||||
2 | The Council shall have, exercise and discharge its | ||||||
3 | functions, powers and duties within the
limits of the Basin. | ||||||
4 | Outside the Basin, it may act in its discretion, but only to | ||||||
5 | the extent
such action may be necessary or convenient to | ||||||
6 | effectuate or implement its powers or
responsibilities within | ||||||
7 | the Basin and subject to the consent of the jurisdiction | ||||||
8 | wherein it
proposes to act.
| ||||||
9 | Section 2.8. Status, Immunities and Privileges.
| ||||||
10 | 1. The Council, its members and personnel in their official | ||||||
11 | capacity and when engaged
directly in the affairs of the | ||||||
12 | Council, its property and its assets, wherever located and
by | ||||||
13 | whomsoever held, shall enjoy the same immunity from suit and | ||||||
14 | every form of
judicial process as is enjoyed by the Parties, | ||||||
15 | except to the extent that the Council may
expressly waive its | ||||||
16 | immunity for the purposes of any proceedings or by the terms of
| ||||||
17 | any contract.
| ||||||
18 | 2. The property and assets of the Council, wherever located | ||||||
19 | and by whomsoever held,
shall be considered public property and | ||||||
20 | shall be immune from search, requisition,
confiscation, | ||||||
21 | expropriation or any other form of taking or foreclosure by | ||||||
22 | executive or
legislative action.
| ||||||
23 | 3. The Council, its property and its assets, income and the | ||||||
24 | operations it carries out
pursuant to this Compact shall be | ||||||
25 | immune from all taxation by or under the authority
of any of |
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| |||||||
1 | the Parties or any political subdivision thereof; provided, | ||||||
2 | however, that in
lieu of property taxes the Council may make | ||||||
3 | reasonable payments to local taxing
districts in annual amounts | ||||||
4 | which shall approximate the taxes lawfully assessed upon
| ||||||
5 | similar property.
| ||||||
6 | Section 2.9. Advisory Committees.
| ||||||
7 | The Council may constitute and empower advisory | ||||||
8 | committees, which may be comprised
of representatives of the | ||||||
9 | public and of federal, State, tribal, county and local
| ||||||
10 | governments, water resources agencies, water-using industries | ||||||
11 | and sectors, water-interest
groups and academic experts in | ||||||
12 | related fields.
| ||||||
13 | ARTICLE 3 | ||||||
14 | GENERAL POWERS AND DUTIES | ||||||
15 | Section 3.1. General.
| ||||||
16 | The Waters and Water Dependent Natural Resources of the | ||||||
17 | Basin are subject to the
sovereign right and responsibilities | ||||||
18 | of the Parties, and it is the purpose of this Compact to
| ||||||
19 | provide for joint exercise of such powers of sovereignty by the | ||||||
20 | Council in the common
interests of the people of the region, in | ||||||
21 | the manner and to the extent provided in this
Compact. The | ||||||
22 | Council and the Parties shall use the Standard of Review and | ||||||
23 | Decision
and procedures contained in or adopted pursuant to |
| |||||||
| |||||||
1 | this Compact as the means to exercise
their authority under | ||||||
2 | this Compact. | ||||||
3 | The Council may revise the Standard of Review and Decision, | ||||||
4 | after consultation with the
Provinces and upon unanimous vote | ||||||
5 | of all Council members, by regulation duly adopted
in | ||||||
6 | accordance with Section 3.3 of this Compact and in accordance | ||||||
7 | with each Party's
respective statutory authorities and | ||||||
8 | applicable procedures.
| ||||||
9 | The Council shall identify priorities and develop plans and | ||||||
10 | policies relating to Basin
Water resources. It shall adopt and | ||||||
11 | promote uniform and coordinated policies for Water
resources | ||||||
12 | conservation and management in the Basin. | ||||||
13 | Section 3.2. Council Powers.
| ||||||
14 | The Council may: plan; conduct research and collect, | ||||||
15 | compile, analyze, interpret, report
and disseminate data on | ||||||
16 | Water resources and uses; forecast Water levels; conduct
| ||||||
17 | investigations; institute court actions; design, acquire, | ||||||
18 | construct, reconstruct, own,
operate, maintain, control, sell | ||||||
19 | and convey real and personal property and any interest
therein | ||||||
20 | as it may deem necessary, useful or convenient to carry out the | ||||||
21 | purposes of this
Compact; make contracts; receive and accept | ||||||
22 | such payments, appropriations, grants, gifts,
loans, advances | ||||||
23 | and other funds, properties and services as may be transferred | ||||||
24 | or made
available to it by any Party or by any other public or | ||||||
25 | private agency, corporation or
individual; and, exercise such |
| |||||||
| |||||||
1 | other and different powers as may be delegated to it by this
| ||||||
2 | Compact or otherwise pursuant to law, and have and exercise all | ||||||
3 | powers necessary or
convenient to carry out its express powers | ||||||
4 | or which may be reasonably implied
therefrom. | ||||||
5 | Section 3.3. Rules and Regulations.
| ||||||
6 | 1. The Council may promulgate and enforce such rules and | ||||||
7 | regulations as may be
necessary for the implementation and | ||||||
8 | enforcement of this Compact. The Council
may adopt by | ||||||
9 | regulation, after public notice and public hearing, reasonable
| ||||||
10 | Application fees with respect to those Proposals for Exceptions | ||||||
11 | that are subject to
Council review under Section 4.9. Any rule | ||||||
12 | or regulation of the Council, other than
one which deals solely | ||||||
13 | with the internal management of the Council or its property,
| ||||||
14 | shall be adopted only after public notice and hearing. | ||||||
15 | 2. Each Party, in accordance with its respective statutory | ||||||
16 | authorities and applicable
procedures, may adopt and enforce | ||||||
17 | rules and regulations to implement and enforce
this Compact and | ||||||
18 | the programs adopted by such Party to carry out the management
| ||||||
19 | programs contemplated by this Compact. | ||||||
20 | Section 3.4. Program Review and Findings.
| ||||||
21 | 1. Each Party shall submit a report to the Council and the | ||||||
22 | Regional Body detailing its
Water management and conservation | ||||||
23 | and efficiency programs that implement this
Compact. The report | ||||||
24 | shall set out the manner in which Water Withdrawals are
managed |
| |||||||
| |||||||
1 | by sector, Water source, quantity or any other means, and how | ||||||
2 | the
provisions of the Standard of Review and Decision and | ||||||
3 | conservation and efficiency
programs are implemented. The | ||||||
4 | first report shall be provided by each Party one year
from the | ||||||
5 | effective date of this Compact and thereafter every 5 years.
| ||||||
6 | 2. The Council, in cooperation with the Provinces, shall | ||||||
7 | review its Water management
and conservation and efficiency | ||||||
8 | programs and those of the Parties that are established
in this | ||||||
9 | Compact and make findings on whether the Water management | ||||||
10 | program
provisions in this Compact are being met, and if not, | ||||||
11 | recommend options to assist the
Parties in meeting the | ||||||
12 | provisions of this Compact. Such review shall take place:
| ||||||
13 | a. 30 days after the first report is submitted by all | ||||||
14 | Parties; and,
| ||||||
15 | b. Every five years after the effective date of this | ||||||
16 | Compact; and,
| ||||||
17 | c. At any other time at the request of one of the | ||||||
18 | Parties.
| ||||||
19 | 3. As one of its duties and responsibilities, the Council | ||||||
20 | may recommend a range of
approaches to the Parties with respect | ||||||
21 | to the development, enhancement and
application of Water | ||||||
22 | management and conservation and efficiency programs to
| ||||||
23 | implement the Standard of Review and Decision reflecting | ||||||
24 | improved scientific
understanding of the Waters of the Basin, | ||||||
25 | including groundwater, and the impacts of
Withdrawals on the | ||||||
26 | Basin Ecosystem. |
| |||||||
| |||||||
1 | ARTICLE 4 | ||||||
2 | WATER MANAGEMENT AND REGULATION | ||||||
3 | Section 4.1. Water Resources Inventory, Registration and | ||||||
4 | Reporting.
| ||||||
5 | 1. Within five years of the effective date of this Compact, | ||||||
6 | each Party shall develop and
maintain a Water resources | ||||||
7 | inventory for the collection, interpretation, storage,
| ||||||
8 | retrieval exchange, and dissemination of information | ||||||
9 | concerning the Water resources
of the Party, including, but not | ||||||
10 | limited to, information on the location, type, quantity,
and | ||||||
11 | use of those resources and the location, type, and quantity of | ||||||
12 | Withdrawals,
Diversions and Consumptive Uses. To the extent | ||||||
13 | feasible, the Water resources
inventory shall be developed in | ||||||
14 | cooperation with local, State, federal, tribal and other
| ||||||
15 | private agencies and entities, as well as the Council. Each | ||||||
16 | Party's agencies shall
cooperate with that Party in the | ||||||
17 | development and maintenance of the inventory.
| ||||||
18 | 2. The Council shall assist each Party to develop a common | ||||||
19 | base of data regarding the
management of the Water Resources of | ||||||
20 | the Basin and to establish systematic
arrangements for the | ||||||
21 | exchange of those data with other States and Provinces.
| ||||||
22 | 3. To develop and maintain a compatible base of Water use | ||||||
23 | information, within five
years of the effective date of this | ||||||
24 | Compact any Person who Withdraws Water in an
amount of 100,000 |
| |||||||
| |||||||
1 | gallons per day or greater average in any 30-day period | ||||||
2 | (including
Consumptive Uses) from all sources, or Diverts Water | ||||||
3 | of any amount, shall register
the Withdrawal or Diversion by a | ||||||
4 | date set by the Council unless the Person has
previously | ||||||
5 | registered in accordance with an existing State program. The | ||||||
6 | Person shall
register the Withdrawal or Diversion with the | ||||||
7 | Originating Party using a form
prescribed by the Originating | ||||||
8 | Party that shall include, at a minimum and without
limitation: | ||||||
9 | the name and address of the registrant and date of | ||||||
10 | registration; the
locations and sources of the Withdrawal or | ||||||
11 | Diversion; the capacity of the Withdrawal
or Diversion per day | ||||||
12 | and the amount Withdrawn or Diverted from each source; the
uses | ||||||
13 | made of the Water; places of use and places of discharge; and, | ||||||
14 | such other
information as the Originating Party may require. | ||||||
15 | All registrations shall include an
estimate of the volume of | ||||||
16 | the Withdrawal or Diversion in terms of gallons per day
average | ||||||
17 | in any 30-day period.
| ||||||
18 | 4. All registrants shall annually report the monthly | ||||||
19 | volumes of the Withdrawal,
Consumptive Use and Diversion in | ||||||
20 | gallons to the Originating Party and any other
information | ||||||
21 | requested by the Originating Party.
| ||||||
22 | 5. Each Party shall annually report the information | ||||||
23 | gathered pursuant to this Section to a
Great Lakes-St. Lawrence | ||||||
24 | River Water use data base repository and aggregated
information | ||||||
25 | shall be made publicly available, consistent with the | ||||||
26 | confidentiality
requirements in Section 8.3.
|
| |||||||
| |||||||
1 | 6. Information gathered by the Parties pursuant to this | ||||||
2 | Section shall be used to improve
the sources and applications | ||||||
3 | of scientific information regarding the Waters of the
Basin and | ||||||
4 | the impacts of the Withdrawals and Diversions from various | ||||||
5 | locations and
Water sources on the Basin Ecosystem, and to | ||||||
6 | better understand the role of
groundwater in the Basin. The | ||||||
7 | Council and the Parties shall coordinate the collection
and | ||||||
8 | application of scientific information to further develop a | ||||||
9 | mechanism by which
individual and Cumulative Impacts of | ||||||
10 | Withdrawals, Consumptive Uses and
Diversions shall be | ||||||
11 | assessed.
| ||||||
12 | Section 4.2. Water Conservation and Efficiency Programs.
| ||||||
13 | 1. The Council commits to identify, in cooperation with the | ||||||
14 | Provinces, Basin-wide
Water conservation and efficiency | ||||||
15 | objectives to assist the Parties in developing their
Water | ||||||
16 | conservation and efficiency program. These objectives are | ||||||
17 | based on the goals
of:
| ||||||
18 | a. Ensuring improvement of the Waters and Water | ||||||
19 | Dependent Natural Resources;
| ||||||
20 | b. Protecting and restoring the hydrologic and | ||||||
21 | ecosystem integrity of the Basin;
| ||||||
22 | c. Retaining the quantity of surface water and | ||||||
23 | groundwater in the Basin;
| ||||||
24 | d. Ensuring sustainable use of Waters of the Basin; | ||||||
25 | and,
|
| |||||||
| |||||||
1 | e. Promoting the efficiency of use and reducing losses | ||||||
2 | and waste of Water.
| ||||||
3 | 2. Within two years of the effective date of this Compact, | ||||||
4 | each Party shall develop its
own Water conservation and | ||||||
5 | efficiency goals and objectives consistent with the
Basin-wide | ||||||
6 | goals and objectives, and shall develop and implement a Water
| ||||||
7 | conservation and efficiency program, either voluntary or | ||||||
8 | mandatory, within its
jurisdiction based on the Party's goals | ||||||
9 | and objectives. Each Party shall annually
assess its programs | ||||||
10 | in meeting the Party's goals and objectives, report to the | ||||||
11 | Council
and the Regional Body and make this annual assessment | ||||||
12 | available to the public.
| ||||||
13 | 3. Beginning five years after the effective date of this | ||||||
14 | Compact, and every five years
thereafter, the Council, in | ||||||
15 | cooperation with the Provinces, shall review and modify as
| ||||||
16 | appropriate the Basin-wide objectives, and the Parties shall | ||||||
17 | have regard for any such
modifications in implementing their | ||||||
18 | programs. This assessment will be based on
examining new | ||||||
19 | technologies, new patterns of Water use, new resource demands | ||||||
20 | and
threats, and Cumulative Impact assessment under Section | ||||||
21 | 4.15.
| ||||||
22 | 4. Within two years of the effective date of this Compact, | ||||||
23 | the Parties commit to promote
Environmentally Sound and | ||||||
24 | Economically Feasible Water Conservation Measures
such as:
| ||||||
25 | a. Measures that promote efficient use of Water;
| ||||||
26 | b. Identification and sharing of best management |
| |||||||
| |||||||
1 | practices and state of the art
conservation and efficiency | ||||||
2 | technologies;
| ||||||
3 | c. Application of sound planning principles;
| ||||||
4 | d. Demand-side and supply-side Measures or incentives; | ||||||
5 | and,
| ||||||
6 | e. Development, transfer and application of science | ||||||
7 | and research.
| ||||||
8 | 5. Each Party shall implement in accordance with paragraph | ||||||
9 | 2 above a voluntary or
mandatory Water conservation program for | ||||||
10 | all, including existing, Basin Water users.
Conservation | ||||||
11 | programs need to adjust to new demands and the potential | ||||||
12 | impacts of
cumulative effects and climate.
| ||||||
13 | Section 4.3. Party Powers and Duties.
| ||||||
14 | 1. Each Party, within its jurisdiction, shall manage and | ||||||
15 | regulate New or Increased
Withdrawals, Consumptive Uses and | ||||||
16 | Diversions, including Exceptions, in accordance
with this | ||||||
17 | Compact.
| ||||||
18 | 2. Each Party shall require an Applicant to submit an | ||||||
19 | Application in such manner and
with such accompanying | ||||||
20 | information as the Party shall prescribe.
| ||||||
21 | 3. No Party may approve a Proposal if the Party determines | ||||||
22 | that the Proposal is
inconsistent with this Compact or the | ||||||
23 | Standard of Review and Decision or any
implementing rules or | ||||||
24 | regulations promulgated thereunder. The Party may approve,
| ||||||
25 | approve with modifications or disapprove any Proposal |
| |||||||
| |||||||
1 | depending on the Proposal's
consistency with this Compact and | ||||||
2 | the Standard of Review and Decision.
| ||||||
3 | 4. Each Party shall monitor the implementation of any | ||||||
4 | approved Proposal to ensure
consistency with the approval and | ||||||
5 | may take all necessary enforcement actions.
| ||||||
6 | 5. No Party shall approve a Proposal subject to Council or | ||||||
7 | Regional Review, or both,
pursuant to this Compact unless it | ||||||
8 | shall have been first submitted to and reviewed by
either the | ||||||
9 | Council or Regional Body, or both, and approved by the Council, | ||||||
10 | as
applicable. Sufficient opportunity shall be provided for | ||||||
11 | comment on the Proposal's
consistency with this Compact and the | ||||||
12 | Standard of Review and Decision. All such
comments shall become | ||||||
13 | part of the Party's formal record of decision, and the Party
| ||||||
14 | shall take into consideration any such comments received.
| ||||||
15 | Section 4.4. Requirement for Originating Party Approval.
| ||||||
16 | No Proposal subject to management and regulation under this | ||||||
17 | Compact shall hereafter be
undertaken by any Person unless it | ||||||
18 | shall have been approved by the Originating Party.
| ||||||
19 | Section 4.5. Regional Review. | ||||||
20 | 1. General. | ||||||
21 | a. It is the intention of the Parties to participate in | ||||||
22 | Regional Review of Proposals
with the Provinces, as | ||||||
23 | described in this Compact and the Agreement.
| ||||||
24 | b. Unless the Applicant or the Originating Party |
| |||||||
| |||||||
1 | otherwise requests, it shall be the
goal of the Regional | ||||||
2 | Body to conclude its review no later than 90 days after | ||||||
3 | notice
under Section 4.5.2 of such Proposal is received | ||||||
4 | from the Originating Party.
| ||||||
5 | c. Proposals for Exceptions subject to Regional Review | ||||||
6 | shall be submitted by the
Originating Party to the Regional | ||||||
7 | Body for Regional Review, and where
applicable, to the | ||||||
8 | Council for concurrent review.
| ||||||
9 | d. The Parties agree that the protection of the | ||||||
10 | integrity of the Great Lakes - St.
Lawrence River Basin | ||||||
11 | Ecosystem shall be the overarching principle for reviewing
| ||||||
12 | Proposals subject to Regional Review, recognizing | ||||||
13 | uncertainties with respect to
demands that may be placed on | ||||||
14 | Basin Water, including groundwater, levels and
flows of the | ||||||
15 | Great Lakes and the St. Lawrence River, future changes in
| ||||||
16 | environmental conditions, the reliability of existing data | ||||||
17 | and the extent to which
Diversions may harm the integrity | ||||||
18 | of the Basin Ecosystem.
| ||||||
19 | e. The Originating Party shall have lead | ||||||
20 | responsibility for coordinating information
for resolution | ||||||
21 | of issues related to evaluation of a Proposal, and shall | ||||||
22 | consult with
the Applicant throughout the Regional Review | ||||||
23 | Process.
| ||||||
24 | f. A majority of the members of the Regional Body may | ||||||
25 | request Regional Review
of a regionally significant or | ||||||
26 | potentially precedent setting Proposal. Such
Regional |
| |||||||
| |||||||
1 | Review must be conducted, to the extent possible, within | ||||||
2 | the time
frames set forth in this Section. Any such | ||||||
3 | Regional Review shall be undertaken
only after consulting | ||||||
4 | the Applicant.
| ||||||
5 | 2. Notice from Originating Party to the Regional Body. | ||||||
6 | a. The Originating Party shall determine if a Proposal | ||||||
7 | is subject to Regional Review.
If so, the Originating Party | ||||||
8 | shall provide timely notice to the Regional Body and
the | ||||||
9 | public.
| ||||||
10 | b. Such notice shall not be given unless and until all | ||||||
11 | information, documents and the
Originating Party's | ||||||
12 | Technical Review needed to evaluate whether the Proposal
| ||||||
13 | meets the Standard of Review and Decision have been | ||||||
14 | provided.
| ||||||
15 | c. An Originating Party may:
| ||||||
16 | i. Provide notice to the Regional Body of an | ||||||
17 | Application, even if notification is
not required; or,
| ||||||
18 | ii. Request Regional Review of an application, | ||||||
19 | even if Regional Review is not
required. Any such | ||||||
20 | Regional Review shall be undertaken only after
| ||||||
21 | consulting the Applicant.
| ||||||
22 | d. An Originating Party may provide preliminary notice | ||||||
23 | of a potential Proposal.
| ||||||
24 | 3. Public Participation.
| ||||||
25 | a. To ensure adequate public participation, the | ||||||
26 | Regional Body shall adopt
procedures for the review of |
| |||||||
| |||||||
1 | Proposals that are subject to Regional Review in
accordance | ||||||
2 | with this Article.
| ||||||
3 | b. The Regional Body shall provide notice to the public | ||||||
4 | of a Proposal undergoing
Regional Review. Such notice shall | ||||||
5 | indicate that the public has an opportunity to
comment in | ||||||
6 | writing to the Regional Body on whether the Proposal meets | ||||||
7 | the
Standard of Review and Decision.
| ||||||
8 | c. The Regional Body shall hold a public meeting in the | ||||||
9 | State or Province of the
Originating Party in order to | ||||||
10 | receive public comment on the issue of whether the
Proposal | ||||||
11 | under consideration meets the Standard of Review and | ||||||
12 | Decision. | ||||||
13 | d. The Regional Body shall consider the comments | ||||||
14 | received before issuing a
Declaration of Finding.
| ||||||
15 | e. The Regional Body shall forward the comments it | ||||||
16 | receives to the Originating
Party.
| ||||||
17 | 4. Technical Review.
| ||||||
18 | a. The Originating Party shall provide the Regional | ||||||
19 | Body with its Technical Review
of the Proposal under | ||||||
20 | consideration.
| ||||||
21 | b. The Originating Party's Technical Review shall | ||||||
22 | thoroughly analyze the Proposal
and provide an evaluation | ||||||
23 | of the Proposal sufficient for a determination of
whether | ||||||
24 | the Proposal meets the Standard of Review and Decision.
| ||||||
25 | c. Any member of the Regional Body may conduct their | ||||||
26 | own Technical Review of
any Proposal subject to Regional |
| |||||||
| |||||||
1 | Review.
| ||||||
2 | d. At the request of the majority of its members, the | ||||||
3 | Regional Body shall make such
arrangements as it considers | ||||||
4 | appropriate for an independent Technical Review of
a | ||||||
5 | Proposal.
| ||||||
6 | e. All Parties shall exercise their best efforts to | ||||||
7 | ensure that a Technical Review
undertaken under Sections | ||||||
8 | 4.5.4.c and 4.5.4.d does not unnecessarily delay the
| ||||||
9 | decision by the Originating Party on the Application. | ||||||
10 | Unless the Applicant or the
Originating Party otherwise | ||||||
11 | requests, all Technical Reviews shall be completed
no later | ||||||
12 | than 60 days after the date the notice of the Proposal was | ||||||
13 | given to the
Regional Body.
| ||||||
14 | 5. Declaration of Finding.
| ||||||
15 | a. The Regional Body shall meet to consider a Proposal. | ||||||
16 | The Applicant shall be
provided with an opportunity to | ||||||
17 | present the Proposal to the Regional Body at such
time.
| ||||||
18 | b. The Regional Body, having considered the notice, the | ||||||
19 | Originating Party's
Technical Review, any other | ||||||
20 | independent Technical Review that is made, any
comments or | ||||||
21 | objections including the analysis of comments made by the | ||||||
22 | public,
First Nations and federally recognized Tribes, and | ||||||
23 | any other information that is
provided under this Compact | ||||||
24 | shall issue a Declaration of Finding that the
Proposal | ||||||
25 | under consideration:
| ||||||
26 | i. Meets the Standard of Review and Decision;
|
| |||||||
| |||||||
1 | ii. Does not meet the Standard of Review and | ||||||
2 | Decision; or,
| ||||||
3 | iii. Would meet the Standard of Review and Decision | ||||||
4 | if certain conditions were
met. | ||||||
5 |
c. An Originating Party may decline to participate in | ||||||
6 | a Declaration of Finding made
by the Regional Body.
| ||||||
7 | d. The Parties recognize and affirm that it is | ||||||
8 | preferable for all members of the
Regional Body to agree | ||||||
9 | whether the Proposal meets the Standard of Review and
| ||||||
10 | Decision.
| ||||||
11 | e. If the members of the Regional Body who participate | ||||||
12 | in the Declaration of
Finding all agree, they shall issue a | ||||||
13 | written Declaration of Finding with
consensus.
| ||||||
14 | f. In the event that the members cannot agree, the | ||||||
15 | Regional Body shall make every
reasonable effort to achieve | ||||||
16 | consensus within 25 days.
| ||||||
17 | g. Should consensus not be achieved, the Regional Body | ||||||
18 | may issue a Declaration of
Finding that presents different | ||||||
19 | points of view and indicates each Party's
conclusions.
| ||||||
20 | h. The Regional Body shall release the Declarations of | ||||||
21 | Finding to the public.
| ||||||
22 | i. The Originating Party and the Council shall consider | ||||||
23 | the Declaration of Finding
before making a decision on the | ||||||
24 | Proposal.
| ||||||
25 | Section 4.6. Proposals Subject to Prior Notice.
|
| |||||||
| |||||||
1 | 1. Beginning no later than five years of the effective date | ||||||
2 | of this Compact, the
Originating Party shall provide all | ||||||
3 | Parties and the Provinces with detailed and timely
notice and | ||||||
4 | an opportunity to comment within 90 days on any Proposal for a | ||||||
5 | New or
Increased Consumptive Use of 5 million gallons per day | ||||||
6 | or greater average in any 90-
day period. Comments shall | ||||||
7 | address whether or not the Proposal is consistent with
the | ||||||
8 | Standard of Review and Decision. The Originating Party shall | ||||||
9 | provide a response
to any such comment received from another | ||||||
10 | Party.
| ||||||
11 | 2. A Party may provide notice, an opportunity to comment | ||||||
12 | and a response to comments
even if this is not required under | ||||||
13 | paragraph 1 of this Section. Any provision of such
notice and | ||||||
14 | opportunity to comment shall be undertaken only after | ||||||
15 | consulting the
Applicant.
| ||||||
16 | Section 4.7. Council Actions.
| ||||||
17 | 1. Proposals for Exceptions subject to Council Review shall | ||||||
18 | be submitted by the
Originating Party to the Council for | ||||||
19 | Council Review, and where applicable, to the
Regional Body for | ||||||
20 | concurrent review.
| ||||||
21 | 2. The Council shall review and take action on Proposals in | ||||||
22 | accordance with this
Compact and the Standard of Review and | ||||||
23 | Decision. The Council shall not take action
on a Proposal | ||||||
24 | subject to Regional Review pursuant to this Compact unless the
| ||||||
25 | Proposal shall have been first submitted to and reviewed by the |
| |||||||
| |||||||
1 | Regional Body. The
Council shall consider any findings | ||||||
2 | resulting from such review.
| ||||||
3 | Section 4.8. Prohibition of New or Increased Diversions.
| ||||||
4 | All New or Increased Diversions are prohibited, except as | ||||||
5 | provided for in this Article.
| ||||||
6 | Section 4.9. Exceptions to the Prohibition of Diversions.
| ||||||
7 | 1. Straddling Communities. A Proposal to transfer Water to | ||||||
8 | an area within a Straddling
Community but outside the Basin or | ||||||
9 | outside the source Great Lake Watershed shall
be excepted from | ||||||
10 | the prohibition against Diversions and be managed and regulated | ||||||
11 | by
the Originating Party provided that, regardless of the | ||||||
12 | volume of Water transferred, all
the Water so transferred shall | ||||||
13 | be used solely for Public Water Supply Purposes within
the | ||||||
14 | Straddling Community, and:
| ||||||
15 | a. All Water Withdrawn from the Basin shall be | ||||||
16 | returned, either naturally or after
use, to the Source | ||||||
17 | Watershed less an allowance for Consumptive Use. No surface
| ||||||
18 | water or groundwater from outside the Basin may be used to | ||||||
19 | satisfy any portion of
this criterion except if it:
| ||||||
20 | i. Is part of a water supply or wastewater | ||||||
21 | treatment system that combines water
from inside and | ||||||
22 | outside of the Basin;
| ||||||
23 | ii. Is treated to meet applicable water quality | ||||||
24 | discharge standards and to prevent
the introduction of |
| |||||||
| |||||||
1 | invasive species into the Basin;
| ||||||
2 | iii. Maximizes the portion of water returned to the | ||||||
3 | Source Watershed as Basin
Water and minimizes the | ||||||
4 | surface water or groundwater from outside the
Basin;
| ||||||
5 | b. If the Proposal results from a New or Increased | ||||||
6 | Withdrawal of 100,000 gallons
per day or greater average | ||||||
7 | over any 90-day period, the Proposal shall also meet
the | ||||||
8 | Exception Standard; and,
| ||||||
9 | c. If the Proposal results in a New or Increased | ||||||
10 | Consumptive Use of 5 million
gallons per day or greater | ||||||
11 | average over any 90-day period, the Proposal shall also
| ||||||
12 | undergo Regional Review.
| ||||||
13 | 2. Intra-Basin Transfer. A Proposal for an Intra-Basin | ||||||
14 | Transfer that would be
considered a Diversion under this | ||||||
15 | Compact, and not already excepted pursuant to
paragraph 1 of | ||||||
16 | this Section, shall be excepted from the prohibition against | ||||||
17 | Diversions,
provided that:
| ||||||
18 | a. If the Proposal results from a New or Increased | ||||||
19 | Withdrawal less than 100,000
gallons per day average over | ||||||
20 | any 90-day period, the Proposal shall be subject to
| ||||||
21 | management and regulation at the discretion of the | ||||||
22 | Originating Party.
| ||||||
23 | b. If the Proposal results from a New or Increased | ||||||
24 | Withdrawal 100,000 gallons per
day or greater average over | ||||||
25 | any 90-day period and if the Consumptive Use
resulting from | ||||||
26 | the Withdrawal is less than 5 million gallons per day |
| |||||||
| |||||||
1 | average over
any 90-day period:
| ||||||
2 | i. The Proposal shall meet the Exception Standard | ||||||
3 | and be subject to
management and regulation by the | ||||||
4 | Originating Party, except that the Water
may be | ||||||
5 | returned to another Great Lake watershed rather than | ||||||
6 | the Source
Watershed;
| ||||||
7 | ii. The Applicant shall demonstrate that there is | ||||||
8 | no feasible, cost effective, and
environmentally sound | ||||||
9 | water supply alternative within the Great Lake
| ||||||
10 | watershed to which the Water will be transferred, | ||||||
11 | including conservation of
existing water supplies; | ||||||
12 | and,
| ||||||
13 | iii. The Originating Party shall provide notice to | ||||||
14 | the other Parties prior to making
any decision with | ||||||
15 | respect to the Proposal.
| ||||||
16 | c. If the Proposal results in a New or Increased | ||||||
17 | Consumptive Use of 5 million
gallons per day or greater | ||||||
18 | average over any 90-day period:
| ||||||
19 | i. The Proposal shall be subject to management and | ||||||
20 | regulation by the
Originating Party and shall meet the | ||||||
21 | Exception Standard, ensuring that Water
Withdrawn | ||||||
22 | shall be returned to the Source Watershed;
| ||||||
23 | ii. The Applicant shall demonstrate that there is | ||||||
24 | no feasible, cost effective, and
environmentally sound | ||||||
25 | water supply alternative within the Great Lake
| ||||||
26 | watershed to which the Water will be transferred, |
| |||||||
| |||||||
1 | including conservation of
existing water supplies;
| ||||||
2 | iii. The Proposal undergoes Regional Review; and,
| ||||||
3 | iv. The Proposal is approved by the Council. | ||||||
4 | Council approval shall be given
unless one or more | ||||||
5 | Council Members vote to disapprove.
| ||||||
6 | 3. Straddling Counties. A Proposal to transfer Water to a | ||||||
7 | Community within a
Straddling County that would be considered a | ||||||
8 | Diversion under this Compact shall be
excepted from the | ||||||
9 | prohibition against Diversions, provided that it satisfies all | ||||||
10 | of the
following conditions:
| ||||||
11 | a. The Water shall be used solely for the Public Water | ||||||
12 | Supply Purposes of the
Community within a Straddling County | ||||||
13 | that is without adequate supplies of
potable water;
| ||||||
14 | b. The Proposal meets the Exception Standard, | ||||||
15 | maximizing the portion of water
returned to the Source | ||||||
16 | Watershed as Basin Water and minimizing the surface
water | ||||||
17 | or groundwater from outside the Basin;
| ||||||
18 | c. The Proposal shall be subject to management and | ||||||
19 | regulation by the Originating
Party, regardless of its | ||||||
20 | size;
| ||||||
21 | d. There is no reasonable water supply alternative | ||||||
22 | within the basin in which the
community is located, | ||||||
23 | including conservation of existing water supplies;
| ||||||
24 | e. Caution shall be used in determining whether or not | ||||||
25 | the Proposal meets the
conditions for this Exception. This | ||||||
26 | Exception should not be authorized unless it
can be shown |
| |||||||
| |||||||
1 | that it will not endanger the integrity of the Basin | ||||||
2 | Ecosystem;
| ||||||
3 | f. The Proposal undergoes Regional Review; and,
| ||||||
4 | g. The Proposal is approved by the Council. Council | ||||||
5 | approval shall be given unless
one or more Council Members | ||||||
6 | vote to disapprove. | ||||||
7 | A Proposal must satisfy all of the conditions listed above. | ||||||
8 | Further, substantive
consideration will also be given to | ||||||
9 | whether or not the Proposal can provide sufficient
| ||||||
10 | scientifically based evidence that the existing water supply is | ||||||
11 | derived from
groundwater that is hydrologically interconnected | ||||||
12 | to Waters of the Basin. | ||||||
13 | 4. Exception Standard. Proposals subject to management and | ||||||
14 | regulation in this Section
shall be declared to meet this | ||||||
15 | Exception Standard and may be approved as appropriate
only when | ||||||
16 | the following criteria are met:
| ||||||
17 | a. The need for all or part of the proposed Exception | ||||||
18 | cannot be reasonably avoided
through the efficient use and | ||||||
19 | conservation of existing water supplies;
| ||||||
20 | b. The Exception will be limited to quantities that are | ||||||
21 | considered reasonable for the
purposes for which it is | ||||||
22 | proposed;
| ||||||
23 | c. All Water Withdrawn shall be returned, either | ||||||
24 | naturally or after use, to the Source
Watershed less an | ||||||
25 | allowance for Consumptive Use. No surface water or
| ||||||
26 | groundwater from the outside the Basin may be used to |
| |||||||
| |||||||
1 | satisfy any portion of this
criterion except if it:
| ||||||
2 | i. Is part of a water supply or wastewater | ||||||
3 | treatment system that combines water
from inside and | ||||||
4 | outside of the Basin;
| ||||||
5 | ii. Is treated to meet applicable water quality | ||||||
6 | discharge standards and to prevent
the introduction of | ||||||
7 | invasive species into the Basin;
| ||||||
8 | d. The Exception will be implemented so as to ensure | ||||||
9 | that it will result in no
significant individual or | ||||||
10 | cumulative adverse impacts to the quantity or quality of
| ||||||
11 | the Waters and Water Dependent Natural Resources of the | ||||||
12 | Basin with
consideration given to the potential Cumulative | ||||||
13 | Impacts of any precedent-setting
consequences associated | ||||||
14 | with the Proposal;
| ||||||
15 | e. The Exception will be implemented so as to | ||||||
16 | incorporate Environmentally Sound
and Economically | ||||||
17 | Feasible Water Conservation Measures to minimize Water
| ||||||
18 | Withdrawals or Consumptive Use;
| ||||||
19 | f. The Exception will be implemented so as to ensure | ||||||
20 | that it is in compliance with
all applicable municipal, | ||||||
21 | State and federal laws as well as regional interstate and
| ||||||
22 | international agreements, including the Boundary Waters | ||||||
23 | Treaty of 1909; and,
| ||||||
24 | g. All other applicable criteria in Section 4.9 have | ||||||
25 | also been met.
|
| |||||||
| |||||||
1 | Section 4.10. Management and Regulation of New or Increased | ||||||
2 | Withdrawals and
Consumptive Uses.
| ||||||
3 | 1. Within five years of the effective date of this Compact, | ||||||
4 | each Party shall create a
program for the management and | ||||||
5 | regulation of New or Increased Withdrawals and
Consumptive Uses | ||||||
6 | by adopting and implementing Measures consistent with the
| ||||||
7 | Decision-Making Standard. Each Party, through a considered | ||||||
8 | process, shall set and
may modify threshold levels for the | ||||||
9 | regulation of New or Increased Withdrawals in
order to assure | ||||||
10 | an effective and efficient Water management program that will | ||||||
11 | ensure
that uses overall are reasonable, that Withdrawals | ||||||
12 | overall will not result in significant
impacts to the Waters | ||||||
13 | and Water Dependent Natural Resources of the Basin,
determined | ||||||
14 | on the basis of significant impacts to the physical, chemical, | ||||||
15 | and
biological integrity of Source Watersheds, and that all | ||||||
16 | other objectives of the
Compact are achieved. Each Party may | ||||||
17 | determine the scope and thresholds of its
program, including | ||||||
18 | which New or Increased Withdrawals and Consumptive Uses will
be | ||||||
19 | subject to the program.
| ||||||
20 | 2. Any Party that fails to set threshold levels that comply | ||||||
21 | with Section 4.10.1 any time
before 10 years after the | ||||||
22 | effective date of this Compact shall apply a threshold level
| ||||||
23 | for management and regulation of all New or Increased | ||||||
24 | Withdrawals of 100,000
gallons per day or greater average in | ||||||
25 | any 90 day period.
| ||||||
26 | 3. The Parties intend programs for New or Increased |
| |||||||
| |||||||
1 | Withdrawals and Consumptive
Uses to evolve as may be necessary | ||||||
2 | to protect Basin Waters. Pursuant to Section 3.4,
the Council, | ||||||
3 | in cooperation with the Provinces, shall periodically assess | ||||||
4 | the Water
management programs of the Parties. Such assessments | ||||||
5 | may produce
recommendations for the strengthening of the | ||||||
6 | programs, including without limitation,
establishing lower | ||||||
7 | thresholds for management and regulation in accordance with the
| ||||||
8 | Decision-Making Standard.
| ||||||
9 | Section 4.11. Decision-Making Standard.
Proposals subject | ||||||
10 | to management and regulation in Section 4.10 shall be declared | ||||||
11 | to meet
this Decision-Making Standard and may be approved as | ||||||
12 | appropriate only when the
following criteria are met:
| ||||||
13 | 1. All Water Withdrawn shall be returned, either naturally | ||||||
14 | or after use, to the Source
Watershed less an allowance for | ||||||
15 | Consumptive Use;
| ||||||
16 | 2. The Withdrawal or Consumptive Use will be implemented so | ||||||
17 | as to ensure that the
Proposal will result in no significant | ||||||
18 | individual or cumulative adverse impacts to the
quantity or | ||||||
19 | quality of the Waters and Water Dependent Natural Resources and | ||||||
20 | the
applicable Source Watershed;
| ||||||
21 | 3. The Withdrawal or Consumptive Use will be implemented so | ||||||
22 | as to incorporate
Environmentally Sound and Economically | ||||||
23 | Feasible Water Conservation Measures;
| ||||||
24 | 4. The Withdrawal or Consumptive Use will be implemented so | ||||||
25 | as to ensure that it is in
compliance with all applicable |
| |||||||
| |||||||
1 | municipal, State and federal laws as well as regional
| ||||||
2 | interstate and international agreements, including the | ||||||
3 | Boundary Waters Treaty of
1909;
| ||||||
4 | 5. The proposed use is reasonable, based upon a | ||||||
5 | consideration of the following factors:
| ||||||
6 | a. Whether the proposed Withdrawal or Consumptive Use | ||||||
7 | is planned in a fashion
that provides for efficient use of | ||||||
8 | the water, and will avoid or minimize the waste
of Water;
| ||||||
9 | b. If the Proposal is for an increased Withdrawal or | ||||||
10 | Consumptive use, whether
efficient use is made of existing | ||||||
11 | water supplies;
| ||||||
12 | c. The balance between economic development, social | ||||||
13 | development and
environmental protection of the proposed | ||||||
14 | Withdrawal and use and other existing
or planned | ||||||
15 | withdrawals and water uses sharing the water source;
| ||||||
16 | d. The supply potential of the water source, | ||||||
17 | considering quantity, quality, and
reliability and safe | ||||||
18 | yield of hydrologically interconnected water sources;
| ||||||
19 | e. The probable degree and duration of any adverse | ||||||
20 | impacts caused or expected to
be caused by the proposed | ||||||
21 | Withdrawal and use under foreseeable conditions, to
other | ||||||
22 | lawful consumptive or non-consumptive uses of water or to | ||||||
23 | the quantity or
quality of the Waters and Water Dependent | ||||||
24 | Natural Resources of the Basin, and
the proposed plans and | ||||||
25 | arrangements for avoidance or mitigation of such impacts;
| ||||||
26 | and,
|
| |||||||
| |||||||
1 | f. If a Proposal includes restoration of hydrologic | ||||||
2 | conditions and functions of the
Source Watershed, the Party | ||||||
3 | may consider that.
| ||||||
4 | Section 4.12. Applicability.
| ||||||
5 | 1. Minimum Standard. This Standard of Review and Decision | ||||||
6 | shall be used as a
minimum standard. Parties may impose a more | ||||||
7 | restrictive decision-making standard
for Withdrawals under | ||||||
8 | their authority. It is also acknowledged that although a
| ||||||
9 | Proposal meets the Standard of Review and Decision it may not | ||||||
10 | be approved under
the laws of the Originating Party that has | ||||||
11 | implemented more restrictive Measures.
| ||||||
12 | 2. Baseline.
| ||||||
13 | a. To establish a baseline for determining a New or | ||||||
14 | Increased Diversion,
Consumptive Use or Withdrawal, each | ||||||
15 | Party shall develop either or both of the
following lists | ||||||
16 | for their jurisdiction: | ||||||
17 | i. A list of existing Withdrawal approvals as of | ||||||
18 | the effective date of the
Compact;
| ||||||
19 | ii. A list of the capacity of existing systems as | ||||||
20 | of the effective date of this
Compact. The capacity of | ||||||
21 | the existing systems should be presented in terms
of | ||||||
22 | Withdrawal capacity, treatment capacity, distribution | ||||||
23 | capacity, or other
capacity limiting factors. The | ||||||
24 | capacity of the existing systems must represent
the | ||||||
25 | state of the systems. Existing capacity determinations |
| |||||||
| |||||||
1 | shall be based upon
approval limits or the most | ||||||
2 | restrictive capacity information.
| ||||||
3 | b. For all purposes of this Compact, volumes of | ||||||
4 | Diversions, Consumptive Uses, or
Withdrawals of Water set | ||||||
5 | forth in the list(s) prepared by each Party in accordance
| ||||||
6 | with this Section, shall constitute the baseline volume.
| ||||||
7 | c. The list(s) shall be furnished to the Regional Body | ||||||
8 | and the Council within one
year of the effective date of | ||||||
9 | this Compact.
| ||||||
10 | 3. Timing of Additional Applications. Applications for New | ||||||
11 | or Increased Withdrawals,
Consumptive Uses or Exceptions shall | ||||||
12 | be considered cumulatively within ten years of
any application.
| ||||||
13 | 4. Change of Ownership. Unless a new owner proposes a | ||||||
14 | project that shall result in a
Proposal for a New or Increased | ||||||
15 | Diversion or Consumptive Use subject to Regional
Review or | ||||||
16 | Council approval, the change of ownership in and of itself | ||||||
17 | shall not require
Regional Review or Council approval.
| ||||||
18 | 5. Groundwater. The Basin surface water divide shall be | ||||||
19 | used for the purpose of
managing and regulating New or | ||||||
20 | Increased Diversions, Consumptive Uses or
Withdrawals of | ||||||
21 | surface water and groundwater.
| ||||||
22 | 6. Withdrawal Systems. The total volume of surface water | ||||||
23 | and groundwater resources
that supply a common distribution | ||||||
24 | system shall determine the volume of a
Withdrawal, Consumptive | ||||||
25 | Use or Diversion.
| ||||||
26 | 7. Connecting Channels. The watershed of each Great Lake |
| |||||||
| |||||||
1 | shall include its upstream
and downstream connecting channels.
| ||||||
2 | 8. Transmission in Water Lines. Transmission of Water | ||||||
3 | within a line that extends
outside the Basin as it conveys | ||||||
4 | Water from one point to another within the Basin shall
not be | ||||||
5 | considered a Diversion if none of the Water is used outside the | ||||||
6 | Basin.
| ||||||
7 | 9. Hydrologic Units. The Lake Michigan and Lake Huron | ||||||
8 | watersheds shall be
considered to be a single hydrologic unit | ||||||
9 | and watershed. | ||||||
10 | 10. Bulk Water Transfer. A Proposal to Withdraw Water and | ||||||
11 | to remove it from the Basin
in any container greater than 5.7 | ||||||
12 | gallons shall be treated under this Compact in the
same manner | ||||||
13 | as a Proposal for a Diversion. Each Party shall have the | ||||||
14 | discretion,
within its jurisdiction, to determine the | ||||||
15 | treatment of Proposals to Withdraw Water and
to remove it from | ||||||
16 | the Basin in any container of 5.7 gallons or less. | ||||||
17 | Section 4.13. Exemptions.
Withdrawals from the Basin for the | ||||||
18 | following purposes are exempt from the requirements
of Article | ||||||
19 | 4.
| ||||||
20 | 1. To supply vehicles, including vessels and aircraft, | ||||||
21 | whether for the needs of the
persons or animals being | ||||||
22 | transported or for ballast or other needs related to the
| ||||||
23 | operation of the vehicles.
| ||||||
24 | 2. To use in a non-commercial project on a short-term basis | ||||||
25 | for firefighting,
humanitarian, or emergency response |
| |||||||
| |||||||
1 | purposes. | ||||||
2 | Section 4.14. U.S. Supreme Court Decree: Wisconsin et al. | ||||||
3 | v. Illinois et al.
| ||||||
4 | 1. Notwithstanding any terms of this Compact to the | ||||||
5 | contrary, with the exception of
Paragraph 5 of this Section, | ||||||
6 | current, New or Increased Withdrawals, Consumptive
Uses and | ||||||
7 | Diversions of Basin Water by the State of Illinois shall be | ||||||
8 | governed by the
terms of the United States Supreme Court decree | ||||||
9 | in Wisconsin et al. v. Illinois et al.
and shall not be subject | ||||||
10 | to the terms of this Compact nor any rules or regulations
| ||||||
11 | promulgated pursuant to this Compact. This means that, with the | ||||||
12 | exception of
Paragraph 5 of this Section, for purposes of this | ||||||
13 | Compact, current, New or Increased
Withdrawals, Consumptive | ||||||
14 | Uses and Diversions of Basin Water within the State of
Illinois | ||||||
15 | shall be allowed unless prohibited by the terms of the United | ||||||
16 | States Supreme
Court decree in Wisconsin et al. v. Illinois et | ||||||
17 | al .
| ||||||
18 | 2. The Parties acknowledge that the United States Supreme | ||||||
19 | Court decree in Wisconsin
et al. v. Illinois et al. shall | ||||||
20 | continue in full force and effect, that this Compact shall not
| ||||||
21 | modify any terms thereof, and that this Compact shall grant the | ||||||
22 | parties no additional
rights, obligations, remedies or | ||||||
23 | defenses thereto. The Parties specifically
acknowledge that | ||||||
24 | this Compact shall not prohibit or limit the State of Illinois | ||||||
25 | in any
manner from seeking additional Basin Water as allowed |
| |||||||
| |||||||
1 | under the terms of the United
States Supreme Court decree in | ||||||
2 | Wisconsin et al. v. Illinois et al. , any other party from
| ||||||
3 | objecting to any request by the State of Illinois for | ||||||
4 | additional Basin Water under the
terms of said decree, or any | ||||||
5 | party from seeking any other type of modification to said
| ||||||
6 | decree. If an application is made by any party to the Supreme | ||||||
7 | Court of the United
States to modify said decree, the Parties | ||||||
8 | to this Compact who are also parties to the
decree shall seek | ||||||
9 | formal input from the Canadian Provinces of Ontario and Québec,
| ||||||
10 | with respect to the proposed modification, use best efforts to | ||||||
11 | facilitate the appropriate
participation of said Provinces in | ||||||
12 | the proceedings to modify the decree, and shall not
| ||||||
13 | unreasonably impede or restrict such participation.
| ||||||
14 | 3. With the exception of Paragraph 5 of this Section, | ||||||
15 | because current, New or Increased
Withdrawals, Consumptive | ||||||
16 | Uses and Diversions of Basin Water by the State of
Illinois are | ||||||
17 | not subject to the terms of this Compact, the State of Illinois | ||||||
18 | is prohibited
from using any term of this Compact, including | ||||||
19 | Section 4.9, to seek New or Increased
Withdrawals, Consumptive | ||||||
20 | Uses or Diversions of Basin Water.
| ||||||
21 | 4. With the exception of Paragraph 5 of this Section, | ||||||
22 | because Sections 4.3, 4.4, 4.5, 4.6,
4.7, 4.8, 4.9, 4.10, 4.11, | ||||||
23 | 4.12 (Paragraphs 1, 2, 3, 4, 6 and 10 only), and 4.13 of this
| ||||||
24 | Compact all relate to current, New or Increased Withdrawals, | ||||||
25 | Consumptive Uses and
Diversions of Basin Waters, said | ||||||
26 | provisions do not apply to the State of Illinois. All
other |
| |||||||
| |||||||
1 | provisions of this Compact not listed in the preceding sentence | ||||||
2 | shall apply to
the State of Illinois, including the Water | ||||||
3 | Conservation Programs provision of Section
4.2.
| ||||||
4 | 5. In the event of a Proposal for a Diversion of Basin | ||||||
5 | Water for use outside the territorial
boundaries of the Parties | ||||||
6 | to this Compact, decisions by the State of Illinois regarding
| ||||||
7 | such a Proposal would be subject to all terms of this Compact, | ||||||
8 | except Paragraphs 1, 3
and 4 of this Section.
| ||||||
9 | 6. For purposes of the State of Illinois' participation in | ||||||
10 | this Compact, the entirety of this
Section 4.14 is necessary | ||||||
11 | for the continued implementation of this Compact and, if
| ||||||
12 | severed, this Compact shall no longer be binding on or | ||||||
13 | enforceable by or against the
State of Illinois. | ||||||
14 | Section 4.15. Assessment of Cumulative Impacts.
| ||||||
15 | 1. The Parties in cooperation with the Provinces shall | ||||||
16 | collectively conduct within the
Basin, on a Lake watershed and | ||||||
17 | St. Lawrence River Basin basis, a periodic
assessment of the | ||||||
18 | Cumulative Impacts of Withdrawals, Diversions and Consumptive
| ||||||
19 | Uses from the Waters of the Basin, every 5 years or each time | ||||||
20 | the incremental Basin
Water losses reach 50 million gallons per | ||||||
21 | day average in any 90-day period in excess
of the quantity at | ||||||
22 | the time of the most recent assessment, whichever comes first, | ||||||
23 | or at
the request of one or more of the Parties. The assessment | ||||||
24 | shall form the basis for a
review of the Standard of Review and | ||||||
25 | Decision, Council and Party regulations and
their application. |
| |||||||
| |||||||
1 | This assessment shall:
| ||||||
2 | a. Utilize the most current and appropriate guidelines | ||||||
3 | for such a review, which may
include but not be limited to | ||||||
4 | Council on Environmental Quality and Environment
Canada | ||||||
5 | guidelines;
| ||||||
6 | b. Give substantive consideration to climate change or | ||||||
7 | other significant threats to
Basin Waters and take into | ||||||
8 | account the current state of scientific knowledge, or
| ||||||
9 | uncertainty, and appropriate Measures to exercise caution | ||||||
10 | in cases of uncertainty
if serious damage may result;
| ||||||
11 | c. Consider adaptive management principles and | ||||||
12 | approaches, recognizing,
considering and providing | ||||||
13 | adjustments for the uncertainties in, and evolution of
| ||||||
14 | science concerning the Basin's water resources, watersheds | ||||||
15 | and ecosystems,
including potential changes to Basin-wide | ||||||
16 | processes, such as lake level cycles and
climate.
| ||||||
17 | 2. The Parties have the responsibility of conducting this | ||||||
18 | Cumulative Impact assessment.
Applicants are not required to | ||||||
19 | participate in this assessment.
| ||||||
20 | 3. Unless required by other statutes, Applicants are not | ||||||
21 | required to conduct a separate
cumulative impact assessment in | ||||||
22 | connection with an Application but shall submit
information | ||||||
23 | about the potential impacts of a Proposal to the quantity or | ||||||
24 | quality of the
Waters and Water Dependent Natural Resources of | ||||||
25 | the applicable Source Watershed.
An Applicant may, however, | ||||||
26 | provide an analysis of how their Proposal meets the no
|
| |||||||
| |||||||
1 | significant adverse Cumulative Impact provision of the | ||||||
2 | Standard of Review and
Decision.
| ||||||
3 | ARTICLE 5 | ||||||
4 | TRIBAL CONSULTATION | ||||||
5 | Section 5.1. Consultation with Tribes.
| ||||||
6 | 1. In addition to all other opportunities to comment | ||||||
7 | pursuant to Section 6.2, appropriate
consultations shall occur | ||||||
8 | with federally recognized Tribes in the Originating Party for
| ||||||
9 | all Proposals subject to Council or Regional Review pursuant to | ||||||
10 | this Compact. Such
consultations shall be organized in the | ||||||
11 | manner suitable to the individual Proposal and
the laws and | ||||||
12 | policies of the Originating Party.
| ||||||
13 | 2. All federally recognized Tribes within the Basin shall | ||||||
14 | receive reasonable notice
indicating that they have an | ||||||
15 | opportunity to comment in writing to the Council or the
| ||||||
16 | Regional Body, or both, and other relevant organizations on | ||||||
17 | whether the Proposal
meets the requirements of the Standard of | ||||||
18 | Review and Decision when a Proposal is
subject to Regional | ||||||
19 | Review or Council approval. Any notice from the Council shall
| ||||||
20 | inform the Tribes of any meeting or hearing that is to be held | ||||||
21 | under Section 6.2 and
invite them to attend. The Parties and | ||||||
22 | the Council shall consider the comments
received under this | ||||||
23 | Section before approving, approving with modifications or
| ||||||
24 | disapproving any Proposal subject to Council or Regional |
| |||||||
| |||||||
1 | Review.
| ||||||
2 | 3. In addition to the specific consultation mechanisms | ||||||
3 | described above, the Council
shall seek to establish mutually | ||||||
4 | agreed upon mechanisms or processes to facilitate
dialogue | ||||||
5 | with, and input from federally recognized Tribes on matters to | ||||||
6 | be dealt with
by the Council; and, the Council shall seek to | ||||||
7 | establish mechanisms and processes
with federally recognized | ||||||
8 | Tribes designed to facilitate on-going scientific and
| ||||||
9 | technical interaction and data exchange regarding matters | ||||||
10 | falling within the scope of
this Compact. This may include | ||||||
11 | participation of tribal representatives on advisory
committees | ||||||
12 | established under this Compact or such other processes that are | ||||||
13 | mutually-agreed
upon with federally recognized Tribes | ||||||
14 | individually or through duly-authorized
intertribal agencies | ||||||
15 | or bodies.
| ||||||
16 | ARTICLE 6 | ||||||
17 | PUBLIC PARTICIPATION | ||||||
18 | Section 6.1. Meetings, Public Hearings and Records.
| ||||||
19 | 1. The Parties recognize the importance and necessity of | ||||||
20 | public participation in
promoting management of the Water | ||||||
21 | Resources of the Basin. Consequently, all
meetings of the | ||||||
22 | Council shall be open to the public, except with respect to | ||||||
23 | issues of
personnel.
| ||||||
24 | 2. The minutes of the Council shall be a public record open |
| |||||||
| |||||||
1 | to inspection at its offices
during regular business hours. | ||||||
2 | Section 6.2. Public Participation.
| ||||||
3 | It is the intent of the Council to conduct public | ||||||
4 | participation processes concurrently and
jointly with | ||||||
5 | processes undertaken by the Parties and through Regional | ||||||
6 | Review. To
ensure adequate public participation, each Party or | ||||||
7 | the Council shall ensure procedures
for the review of Proposals | ||||||
8 | subject to the Standard of Review and Decision consistent
with | ||||||
9 | the following requirements:
| ||||||
10 | 1. Provide public notification of receipt of all | ||||||
11 | Applications and a reasonable opportunity
for the public to | ||||||
12 | submit comments before Applications are acted upon.
| ||||||
13 | 2. Assure public accessibility to all documents relevant to | ||||||
14 | an Application, including
public comment received.
| ||||||
15 | 3. Provide guidance on standards for determining whether to | ||||||
16 | conduct a public meeting
or hearing for an Application, time | ||||||
17 | and place of such a meeting(s) or hearing(s), and
procedures | ||||||
18 | for conducting of the same.
| ||||||
19 | 4. Provide the record of decision for public inspection | ||||||
20 | including comments, objections,
responses and approvals, | ||||||
21 | approvals with conditions and disapprovals.
| ||||||
22 | ARTICLE 7 | ||||||
23 | DISPUTE RESOLUTION AND ENFORCEMENT |
| |||||||
| |||||||
1 | Section 7.1. Good Faith Implementation.
| ||||||
2 | Each of the Parties pledges to support implementation of | ||||||
3 | all provisions of this Compact,
and covenants that its officers | ||||||
4 | and agencies shall not hinder, impair, or prevent any other
| ||||||
5 | Party carrying out any provision of this Compact.
| ||||||
6 | Section 7.2. Alternative Dispute Resolution.
| ||||||
7 | 1. Desiring that this Compact be carried out in full, the | ||||||
8 | Parties agree that disputes
between the Parties regarding | ||||||
9 | interpretation, application and implementation of this
Compact | ||||||
10 | shall be settled by alternative dispute resolution.
| ||||||
11 | 2. The Council, in consultation with the Provinces, shall | ||||||
12 | provide by rule procedures for
the resolution of disputes | ||||||
13 | pursuant to this section.
| ||||||
14 | Section 7.3. Enforcement.
| ||||||
15 | 1. Any Person aggrieved by any action taken by the Council | ||||||
16 | pursuant to the authorities
contained in this Compact shall be | ||||||
17 | entitled to a hearing before the Council. Any
Person aggrieved | ||||||
18 | by a Party action shall be entitled to a hearing pursuant to | ||||||
19 | the
relevant Party's administrative procedures and laws. After | ||||||
20 | exhaustion of such
administrative remedies, (i) any aggrieved | ||||||
21 | Person shall have the right to judicial
review of a Council | ||||||
22 | action in the United States District Courts for the District of
| ||||||
23 | Columbia or the District Court in which the Council maintains | ||||||
24 | offices, provided such
action is commenced within 90 days; and, |
| |||||||
| |||||||
1 | (ii) any aggrieved Person shall have the
right to judicial | ||||||
2 | review of a Party's action in the relevant Party's court of | ||||||
3 | competent
jurisdiction, provided that an action or proceeding | ||||||
4 | for such review is commenced
within the time frames provided | ||||||
5 | for by the Party's law. For the purposes of this
paragraph, a | ||||||
6 | State or Province is deemed to be an aggrieved Person with | ||||||
7 | respect to
any Party action pursuant to this Compact.
| ||||||
8 | 2. a. Any Party or the Council may initiate actions to | ||||||
9 | compel compliance with the
provisions of this Compact, and | ||||||
10 | the rules and regulations promulgated hereunder
by the | ||||||
11 | Council. Jurisdiction over such actions is granted to the | ||||||
12 | court of the
relevant Party, as well as the United States | ||||||
13 | District Courts for the District of
Columbia and the | ||||||
14 | District Court in which the Council maintains offices. The
| ||||||
15 | remedies available to any such court shall include, but not | ||||||
16 | be limited to, equitable
relief and civil penalties.
| ||||||
17 | b. Each Party may issue orders within its respective | ||||||
18 | jurisdiction and may initiate
actions to compel compliance | ||||||
19 | with the provisions of its respective statutes and
| ||||||
20 | regulations adopted to implement the authorities | ||||||
21 | contemplated by this Compact in
accordance with the | ||||||
22 | provisions of the laws adopted in each Party's | ||||||
23 | jurisdiction.
| ||||||
24 | 3. Any aggrieved Person, Party or the Council may commence | ||||||
25 | a civil action in the
relevant Party's courts and | ||||||
26 | administrative systems to compel any Person to comply
with this |
| |||||||
| |||||||
1 | Compact should any such Person, without approval having been | ||||||
2 | given,
undertake a New or Increased Withdrawal, Consumptive Use | ||||||
3 | or Diversion that is
prohibited or subject to approval pursuant | ||||||
4 | to this Compact.
| ||||||
5 | a. No action under this subsection may be commenced if:
| ||||||
6 | i. The Originating Party or Council approval for | ||||||
7 | the New or Increased
Withdrawal, Consumptive Use or | ||||||
8 | Diversion has been granted; or,
| ||||||
9 | ii. The Originating Party or Council has found that | ||||||
10 | the New or Increased
Withdrawal, Consumptive Use or | ||||||
11 | Diversion is not subject to approval
pursuant to this | ||||||
12 | Compact.
| ||||||
13 | b. No action under this subsection may be commenced | ||||||
14 | unless:
| ||||||
15 | i. A Person commencing such action has first given | ||||||
16 | 60 days prior notice to the
Originating Party, the | ||||||
17 | Council and Person alleged to be in noncompliance;
and,
| ||||||
18 | ii. Neither the Originating Party nor the Council | ||||||
19 | has commenced and is
diligently prosecuting | ||||||
20 | appropriate enforcement actions to compel compliance
| ||||||
21 | with this Compact.
The available remedies shall | ||||||
22 | include equitable relief, and the prevailing or
| ||||||
23 | substantially prevailing party may recover the costs | ||||||
24 | of litigation, including reasonable
attorney and | ||||||
25 | expert witness fees, whenever the court determines | ||||||
26 | that such an award is
appropriate.
|
| |||||||
| |||||||
1 | 4. Each of the Parties may adopt provisions providing | ||||||
2 | additional enforcement
mechanisms and remedies including | ||||||
3 | equitable relief and civil penalties applicable
within its | ||||||
4 | jurisdiction to assist in the implementation of this Compact.
| ||||||
5 | ARTICLE 8 | ||||||
6 | ADDITIONAL PROVISIONS | ||||||
7 | Section 8.1. Effect on Existing Rights.
| ||||||
8 | 1. Nothing in this Compact shall be construed to affect, | ||||||
9 | limit, diminish or impair any
rights validly established and | ||||||
10 | existing as of the effective date of this Compact under
State | ||||||
11 | or federal law governing the Withdrawal of Waters of the Basin.
| ||||||
12 | 2. Nothing contained in this Compact shall be construed as | ||||||
13 | affecting or intending to
affect or in any way to interfere | ||||||
14 | with the law of the respective Parties relating to
common law | ||||||
15 | Water rights. | ||||||
16 | 3. Nothing in this Compact is intended to abrogate or | ||||||
17 | derogate from treaty rights or
rights held by any Tribe | ||||||
18 | recognized by the federal government of the United States
based | ||||||
19 | upon its status as a Tribe recognized by the federal government | ||||||
20 | of the United
States.
| ||||||
21 | 4. An approval by a Party or the Council under this Compact | ||||||
22 | does not give any property
rights, nor any exclusive | ||||||
23 | privileges, nor shall it be construed to grant or confer any
| ||||||
24 | right, title, easement, or interest in, to or over any land |
| |||||||
| |||||||
1 | belonging to or held in trust by
a Party; neither does it | ||||||
2 | authorize any injury to private property or invasion of private
| ||||||
3 | rights, nor infringement of federal, State or local laws or | ||||||
4 | regulations; nor does it
obviate the necessity of obtaining | ||||||
5 | federal assent when necessary.
| ||||||
6 | Section 8.2. Relationship to Agreements Concluded by the | ||||||
7 | United States of
America.
| ||||||
8 | 1. Nothing in this Compact is intended to provide nor shall | ||||||
9 | be construed to provide,
directly or indirectly, to any Person | ||||||
10 | any right, claim or remedy under any treaty or
international | ||||||
11 | agreement nor is it intended to derogate any right, claim, or | ||||||
12 | remedy that
already exists under any treaty or international | ||||||
13 | agreement.
| ||||||
14 | 2. Nothing in this Compact is intended to infringe nor | ||||||
15 | shall be construed to infringe
upon the treaty power of the | ||||||
16 | United States of America, nor shall any term hereof be
| ||||||
17 | construed to alter or amend any treaty or term thereof that has | ||||||
18 | been or may hereafter
be executed by the United States of | ||||||
19 | America.
| ||||||
20 | 3. Nothing in this Compact is intended to affect nor shall | ||||||
21 | be construed to affect the
application of the Boundary Waters | ||||||
22 | Treaty of 1909 whose requirements continue to
apply in addition | ||||||
23 | to the requirements of this Compact. | ||||||
24 | Section 8.3. Confidentiality. |
| |||||||
| |||||||
1 | 1. Nothing in this Compact requires a Party to breach | ||||||
2 | confidentiality obligations or
requirements prohibiting | ||||||
3 | disclosure, or to compromise security of commercially
| ||||||
4 | sensitive or proprietary information.
| ||||||
5 | 2. A Party may take measures, including but not limited to | ||||||
6 | deletion and redaction,
deemed necessary to protect any | ||||||
7 | confidential, proprietary or commercially sensitive
| ||||||
8 | information when distributing information to other Parties. | ||||||
9 | The Party shall
summarize or paraphrase any such information in | ||||||
10 | a manner sufficient for the Council
to exercise its authorities | ||||||
11 | contained in this Compact.
| ||||||
12 | Section 8.4. Additional Laws. | ||||||
13 | Nothing in this Compact shall be construed to repeal, | ||||||
14 | modify or qualify the authority of
any Party to enact any | ||||||
15 | legislation or enforce any additional conditions and | ||||||
16 | restrictions
regarding the management and regulation of Waters | ||||||
17 | within its jurisdiction.
| ||||||
18 | Section 8.5. Amendments and Supplements. | ||||||
19 | The provisions of this Compact shall remain in full force | ||||||
20 | and effect until amended by
action of the governing bodies of | ||||||
21 | the Parties and consented to and approved by any other
| ||||||
22 | necessary authority in the same manner as this Compact is | ||||||
23 | required to be ratified to
become effective.
|
| |||||||
| |||||||
1 | Section 8.6. Severability. | ||||||
2 | Should a court of competent jurisdiction hold any part of | ||||||
3 | this Compact to be void or
unenforceable, it shall be | ||||||
4 | considered severable from those portions of the Compact
capable | ||||||
5 | of continued implementation in the absence of the voided | ||||||
6 | provisions. All other
provisions capable of continued | ||||||
7 | implementation shall continue in full force and effect.
| ||||||
8 | Section 8.7. Duration of Compact and Termination. | ||||||
9 | Once effective, the Compact shall continue in force and | ||||||
10 | remain binding upon each and
every Party unless terminated.
| ||||||
11 | This Compact may be terminated at any time by a majority vote | ||||||
12 | of the Parties. In the
event of such termination, all rights | ||||||
13 | established under it shall continue unimpaired.
| ||||||
14 | ARTICLE 9 | ||||||
15 | EFFECTUATION | ||||||
16 | Section 9.1. Repealer. | ||||||
17 | All acts and parts of acts inconsistent with this act are | ||||||
18 | to the extent of such inconsistency
hereby repealed.
| ||||||
19 | Section 9.2. Effectuation by Chief Executive. | ||||||
20 | The Governor is authorized to take such action as may be | ||||||
21 | necessary and proper in his or
her discretion to effectuate the | ||||||
22 | Compact and the initial organization and operation
thereunder.
|
| |||||||
| |||||||
1 | Section 9.3. Entire Agreement. | ||||||
2 | The Parties consider this Compact to be complete and an | ||||||
3 | integral whole. Each provision
of this Compact is considered | ||||||
4 | material to the entire Compact, and failure to implement or
| ||||||
5 | adhere to any provision may be considered a material breach. | ||||||
6 | Unless otherwise noted in
this Compact, any change or amendment | ||||||
7 | made to the Compact by any Party in its
implementing | ||||||
8 | legislation or by the U.S. Congress when giving its consent to | ||||||
9 | this
Compact is not considered effective unless concurred in by | ||||||
10 | all Parties.
| ||||||
11 | Section 9.4. Effective Date and Execution. | ||||||
12 | This Compact shall become binding and effective when | ||||||
13 | ratified through concurring
legislation by the states of | ||||||
14 | Illinois, Indiana, Michigan, Minnesota, New York, Ohio and
| ||||||
15 | Wisconsin and the Commonwealth of Pennsylvania and consented to | ||||||
16 | by the Congress of
the United States. This Compact shall be | ||||||
17 | signed and sealed in nine identical original
copies by the | ||||||
18 | respective chief executives of the signatory Parties. One such | ||||||
19 | copy shall be
filed with the Secretary of State of each of the | ||||||
20 | signatory Parties or in accordance with the
laws of the state | ||||||
21 | in which the filing is made, and one copy shall be filed and | ||||||
22 | retained in
the archives of the Council upon its organization. | ||||||
23 | The signatures shall be affixed and
attested under the | ||||||
24 | following form:
|
| |||||||
| |||||||
1 | In Witness Whereof, and in evidence of the adoption and | ||||||
2 | enactment into law of this
Compact by the legislatures of | ||||||
3 | the signatory parties and consent by the Congress of the
| ||||||
4 | United States, the respective Governors do hereby, in | ||||||
5 | accordance with the authority
conferred by law, sign this | ||||||
6 | Compact in nine duplicate original copies, attested by the
| ||||||
7 | respective Secretaries of State, and have caused the seals | ||||||
8 | of the respective states to be
hereunto affixed this____ | ||||||
9 | day of ( month ), ( year ).
| ||||||
10 | Section 90. Appointments. All appointments by the Governor | ||||||
11 | of Illinois under the compact are subject to the advice and | ||||||
12 | consent of the Illinois Senate. | ||||||
13 | Section 99. Effective date. This Act takes effect upon | ||||||
14 | becoming law.".
|