(45 ILCS 147/5)
Great Lakes-St. Lawrence River Basin Water Resources Compact.
The Governor of this State is authorized to take such action as may be necessary and proper in his or her discretion to effectuate the following Compact and the initial organization and operation thereunder:
The states of Illinois, Indiana, Michigan, Minnesota, New York, Ohio
and Wisconsin and the Commonwealth of Pennsylvania hereby solemnly covenant and
agree with each other, upon enactment of concurrent legislation by the respective state
legislatures and consent by the Congress of the United States as follows:
GREAT LAKES-ST. LAWRENCE RIVER BASIN WATER RESOURCES
SHORT TITLE, DEFINITIONS, PURPOSES AND DURATION
Section 1.1. Short Title.
This Act shall be known and may be cited as the "Great
Lakes-St. Lawrence River Basin Water Resources Compact."
Section 1.2. Definitions.
For the purposes of this Compact, and of any supplemental or
concurring legislation enacted pursuant thereto, except as may be otherwise required by
means a Water resources management system that provides a
systematic process for evaluation, monitoring and learning from the outcomes of
operational programs and adjustment of policies, plans and programs based on experience
and the evolution of scientific knowledge concerning Water resources and Water
Dependent Natural Resources.
means the Great Lakes-St. Lawrence River Basin Sustainable Water
means a Person who is required to submit a Proposal that is subject to
management and regulation under this Compact. Application has a corresponding
Great Lakes-St. Lawrence River Basin
means the watershed of the Great
Lakes and the St. Lawrence River upstream from Trois-Rivières, Québec within the
jurisdiction of the Parties.
Great Lakes-St. Lawrence River Basin Ecosystem
interacting components of air, land, Water and living organisms, including humankind,
within the Basin.
Community within a Straddling County
means any incorporated city, town or the
equivalent thereof, that is located outside the Basin but wholly within a County that lies
partly within the Basin and that is not a Straddling Community.
means this Compact.
means that portion of the Water Withdrawn or withheld from the
Basin that is lost or otherwise not returned to the Basin due to evaporation, incorporation
into Products, or other processes.
means the Great Lakes-St. Lawrence River Basin Water Resources Council,
created by this Compact.
means the collective review by the Council members as described in
Article 4 of this Compact.
means the largest territorial division for local government in a State. The County
boundaries shall be defined as those boundaries that exist as of December 13, 2005.
mean the impact on the Basin Ecosystem that results from
incremental effects of all aspects of a Withdrawal, Diversion or Consumptive Use in
addition to other past, present, and reasonably foreseeable future Withdrawals,
Diversions and Consumptive Uses regardless of who undertakes the other Withdrawals,
Diversions and Consumptive Uses. Cumulative Impacts can result from individually
minor but collectively significant Withdrawals, Diversions and Consumptive Uses taking
place over a period of time.
means the decision-making standard established by Section
4.11 for Proposals subject to management and regulation in Section 4.10.
means a transfer of Water from the Basin into another watershed, or from the
watershed of one of the Great Lakes into that of another by any means of transfer,
including but not limited to a pipeline, canal, tunnel, aqueduct, channel, modification of
the direction of a water course, a tanker ship, tanker truck or rail tanker but does not
apply to Water that is used in the Basin or a Great Lake watershed to manufacture or
produce a Product that is then transferred out of the Basin or watershed. Divert has a
Environmentally Sound and Economically Feasible Water Conservation Measures
mean those measures, methods, technologies or practices for efficient water use and for
reduction of water loss and waste or for reducing a Withdrawal, Consumptive Use or
Diversion that (i) are environmentally sound, (ii) reflect best practices applicable to the
water use sector, (iii) are technically feasible and available, (iv) are economically feasible
and cost effective based on an analysis that considers direct and avoided economic and
environmental costs and (v) consider the particular facilities and processes involved,
taking into account the environmental impact, age of equipment and facilities involved,
the processes employed, energy impacts and other appropriate factors.
means a transfer of Water that is excepted under Section 4.9 from the
prohibition against Diversions in Section 4.8.
means the standard for Exceptions established in Section 4.9.4.
means the transfer of Water from the watershed of one of the
Great Lakes into the watershed of another Great Lake.
means any legislation, law, regulation, directive, requirement, guideline,
program, policy, administrative practice or other procedure.
New or Increased Diversion
means a new Diversion, an increase in an existing
Diversion, or the alteration of an existing Withdrawal so that it becomes a Diversion.
New or Increased Withdrawal or Consumptive Use
means a new Withdrawal or
Consumptive Use or an increase in an existing Withdrawal or Consumptive Use.
means the Party within whose jurisdiction an Application or
registration is made or required.
means a State party to this Compact.
means a human being or a legal person, including a government or a non-governmental
organization, including any scientific, professional, business, non-profit, or
public interest organization or association that is neither affiliated with, nor under the
direction of a government.
means something produced in the Basin by human or mechanical effort or
through agricultural processes and used in manufacturing, commercial or other processes
or intended for intermediate or end use consumers. (i) Water used as part of the
packaging of a Product shall be considered to be part of the Product. (ii) Other than
Water used as part of the packaging of a Product, Water that is used primarily to transport
materials in or out of the Basin is not a Product or part of a Product. (iii) Except as
provided in (i) above, Water which is transferred as part of a public or private supply is
not a Product or part of a Product. (iv) Water in its natural state such as in lakes, rivers,
reservoirs, aquifers, or water basins is not a Product.
means a Withdrawal, Diversion or Consumptive Use of Water that is subject to
means Ontario or Québec.
Public Water Supply Purposes
means water distributed to the public through a
physically connected system of treatment, storage and distribution facilities serving a
group of largely residential customers that may also serve industrial, commercial, and
other institutional operators. Water Withdrawn directly from the Basin and not through
such a system shall not be considered to be used for Public Water Supply Purposes.
means the members of the Council and the Premiers of Ontario and
Québec or their designee as established by the Agreement.
means the collective review by the Regional Body as described in
Article 4 of this Compact.
means the watershed from which a Withdrawal originates. If Water
is Withdrawn directly from a Great Lake or from the St. Lawrence River, then the Source
Watershed shall be considered to be the watershed of that Great Lake or the watershed of
the St. Lawrence River, respectively. If Water is Withdrawn from the watershed of a
stream that is a direct tributary to a Great Lake or a direct tributary to the St. Lawrence
River, then the Source Watershed shall be considered to be the watershed of that Great
Lake or the watershed of the St. Lawrence River, respectively, with a preference to the
direct tributary stream watershed from which it was Withdrawn.
Standard of Review and Decision
means the Exception Standard, Decision-Making
Standard and reviews as outlined in Article 4 of this Compact.
means one of the states of Illinois, Indiana, Michigan, Minnesota, New York, Ohio
or Wisconsin or the Commonwealth of Pennsylvania.
means any incorporated city, town or the equivalent thereof,
wholly within any County that lies partly or completely within the Basin, whose
corporate boundary existing as of the effective date of this Compact, is partly within the
Basin or partly within two Great Lakes watersheds.
means a detailed review conducted to determine whether or not a
Proposal that requires Regional Review under this Compact meets the Standard of
Review and Decision following procedures and guidelines as set out in this Compact.
means ground or surface water contained within the Basin.
Water Dependent Natural Resources
means the interacting components of land, Water
and living organisms affected by the Waters of the Basin.
Waters of the Basin or Basin Water
means the Great Lakes and all streams, rivers,
lakes, connecting channels and other bodies of water, including tributary groundwater,
within the Basin.
means the taking of water from surface water or groundwater. Withdraw
has a corresponding meaning.
Section 1.3. Findings and Purposes.
The legislative bodies of the respective Parties hereby find and declare:
a. The Waters of the Basin are precious public
natural resources shared and held in trust by the States;
b. The Waters of the Basin are interconnected and
part of a single hydrologic system;
c. The Waters of the Basin can concurrently serve
multiple uses. Such multiple uses include municipal, public, industrial, commercial, agriculture, mining, navigation, energy development and production, recreation, the subsistence, economic and cultural activities of native peoples, Water quality maintenance, and the maintenance of fish and wildlife habitat and a balanced ecosystem. And, other purposes are encouraged, recognizing that such uses are interdependent and must be balanced;
d. Future Diversions and Consumptive Uses of Basin
Water resources have the potential to significantly impact the environment, economy and welfare of the Great Lakes-St. Lawrence River region;
e. Continued sustainable, accessible and adequate
Water supplies for the people and economy of the Basin are of vital importance; and,
f. The Parties have a shared duty to protect,
conserve, restore, improve and manage the renewable but finite Waters of the Basin for the use, benefit and enjoyment of all their citizens, including generations yet to come. The most effective means of protecting, conserving, restoring, improving and managing the Basin Waters is through the joint pursuit of unified and cooperative principles, policies and programs mutually agreed upon, enacted and adhered to by all Parties.
a. To act together to protect, conserve, restore,
improve and effectively manage the Waters and Water Dependent Natural Resources of the Basin under appropriate arrangements for intergovernmental cooperation and consultation because current lack of full scientific certainty should not be used as a reason for postponing measures to protect the Basin Ecosystem;
b. To remove causes of present and future
c. To provide for cooperative planning and action by
the Parties with respect to such Water resources;
d. To facilitate consistent approaches to Water
management across the Basin while retaining State management authority over Water management decisions within the Basin;
e. To facilitate the exchange of data, strengthen the
scientific information base upon which decisions are made and engage in consultation on the potential effects of proposed Withdrawals and losses on the Waters and Water Dependent Natural Resources of the Basin;
f. To prevent significant adverse impacts of
Withdrawals and losses on the Basin's ecosystems and watersheds;
g. To promote interstate and State-Provincial comity;
h. To promote an Adaptive Management approach to the
conservation and management of Basin Water resources, which recognizes, considers and provides adjustments for the uncertainties in, and evolution of, scientific knowledge concerning the Basin's Waters and Water Dependent Natural Resources.
Section 1.4. Science.
1. The Parties commit to provide leadership for the development of a collaborative
strategy with other regional partners to strengthen the scientific basis for sound Water
management decision making under this Compact.
2. The strategy shall guide the collection and application of scientific information to
a. An improved understanding of the individual and
Cumulative Impacts of Withdrawals from various locations and Water sources on the Basin Ecosystem and to develop a mechanism by which impacts of Withdrawals may be assessed;
b. The periodic assessment of Cumulative Impacts of
Withdrawals, Diversions and Consumptive Uses on a Great Lake and St. Lawrence River watershed basis;
c. Improved scientific understanding of the Waters of
d. Improved understanding of the role of groundwater
in Basin Water resources management; and,
e. The development, transfer and application of
science and research related to Water conservation and Water use efficiency.
Section 2.1. Council Created.
The Great Lakes-St. Lawrence River Basin Water Resources Council is hereby created
as a body politic and corporate, with succession for the duration of this Compact, as an
agency and instrumentality of the governments of the respective Parties.
Section 2.2. Council Membership.
The Council shall consist of the Governors of the Parties, ex officio.
Section 2.3. Alternates.
Each member of the Council shall appoint at least one alternate who may act in his or her
place and stead, with authority to attend all meetings of the Council and with power to
vote in the absence of the member. Unless otherwise provided by law of the Party for
which he or she is appointed, each alternate shall serve during the term of the member
appointing him or her, subject to removal at the pleasure of the member. In the event of a
vacancy in the office of alternate, it shall be filled in the same manner as an original
appointment for the unexpired term only.
Section 2.4. Voting.
1. Each member is entitled to one vote on all matters that may come before the Council.
2. Unless otherwise stated, the rule of decision shall be by a simple majority.
3. The Council shall annually adopt a budget for each fiscal year and the amount
required to balance the budget shall be apportioned equitably among the Parties by
unanimous vote of the Council. The appropriation of such amounts shall be subject
to such review and approval as may be required by the budgetary processes of the
4. The participation of Council members from a majority of the Parties shall constitute a
quorum for the transaction of business at any meeting of the Council.
Section 2.5. Organization and Procedure.
The Council shall provide for its own organization and procedure, and may adopt rules
and regulations governing its meetings and transactions, as well as the procedures and
timeline for submission, review and consideration of Proposals that come before the
Council for its review and action. The Council shall organize, annually, by the election
of a Chair and Vice Chair from among its members. Each member may appoint an
advisor, who may attend all meetings of the Council and its committees, but shall not
have voting power. The Council may employ or appoint professional and administrative
personnel, including an Executive Director, as it may deem advisable, to carry out the
purposes of this Compact.
Section 2.6. Use of Existing Offices and Agencies.
It is the policy of the Parties to preserve and utilize the functions, powers and duties of
existing offices and agencies of government to the extent consistent with this Compact.
Further, the Council shall promote and aid the coordination of the activities and programs
of the Parties concerned with Water resources management in the Basin. To this end, but
without limitation, the Council may:
1. Advise, consult, contract, assist or otherwise cooperate with any and all such
2. Employ any other agency or instrumentality of any of the Parties for any purpose;
3. Develop and adopt plans consistent with the Water resources plans of the Parties.
Section 2.7. Jurisdiction.
The Council shall have, exercise and discharge its functions, powers and duties within the
limits of the Basin. Outside the Basin, it may act in its discretion, but only to the extent
such action may be necessary or convenient to effectuate or implement its powers or
responsibilities within the Basin and subject to the consent of the jurisdiction wherein it
proposes to act.
Section 2.8. Status, Immunities and Privileges.
1. The Council, its members and personnel in their official capacity and when engaged
directly in the affairs of the Council, its property and its assets, wherever located and
by whomsoever held, shall enjoy the same immunity from suit and every form of
judicial process as is enjoyed by the Parties, except to the extent that the Council may
expressly waive its immunity for the purposes of any proceedings or by the terms of
2. The property and assets of the Council, wherever located and by whomsoever held,
shall be considered public property and shall be immune from search, requisition,
confiscation, expropriation or any other form of taking or foreclosure by executive or
3. The Council, its property and its assets, income and the operations it carries out
pursuant to this Compact shall be immune from all taxation by or under the authority
of any of the Parties or any political subdivision thereof; provided, however, that in
lieu of property taxes the Council may make reasonable payments to local taxing
districts in annual amounts which shall approximate the taxes lawfully assessed upon
Section 2.9. Advisory Committees.
The Council may constitute and empower advisory committees, which may be comprised
of representatives of the public and of federal, State, tribal, county and local
governments, water resources agencies, water-using industries and sectors, water-interest
groups and academic experts in related fields.
GENERAL POWERS AND DUTIES
Section 3.1. General.
The Waters and Water Dependent Natural Resources of the Basin are subject to the
sovereign right and responsibilities of the Parties, and it is the purpose of this Compact to
provide for joint exercise of such powers of sovereignty by the Council in the common
interests of the people of the region, in the manner and to the extent provided in this
Compact. The Council and the Parties shall use the Standard of Review and Decision
and procedures contained in or adopted pursuant to this Compact as the means to exercise
their authority under this Compact.
The Council may revise the Standard of Review and Decision, after consultation with the
Provinces and upon unanimous vote of all Council members, by regulation duly adopted
in accordance with Section 3.3 of this Compact and in accordance with each Party's
respective statutory authorities and applicable procedures.
The Council shall identify priorities and develop plans and policies relating to Basin
Water resources. It shall adopt and promote uniform and coordinated policies for Water
resources conservation and management in the Basin.
Section 3.2. Council Powers.
The Council may: plan; conduct research and collect, compile, analyze, interpret, report
and disseminate data on Water resources and uses; forecast Water levels; conduct
investigations; institute court actions; design, acquire, construct, reconstruct, own,
operate, maintain, control, sell and convey real and personal property and any interest
therein as it may deem necessary, useful or convenient to carry out the purposes of this
Compact; make contracts; receive and accept such payments, appropriations, grants, gifts,
loans, advances and other funds, properties and services as may be transferred or made
available to it by any Party or by any other public or private agency, corporation or
individual; and, exercise such other and different powers as may be delegated to it by this
Compact or otherwise pursuant to law, and have and exercise all powers necessary or
convenient to carry out its express powers or which may be reasonably implied
Section 3.3. Rules and Regulations.
1. The Council may promulgate and enforce such rules and regulations as may be
necessary for the implementation and enforcement of this Compact. The Council
may adopt by regulation, after public notice and public hearing, reasonable
Application fees with respect to those Proposals for Exceptions that are subject to
Council review under Section 4.9. Any rule or regulation of the Council, other than
one which deals solely with the internal management of the Council or its property,
shall be adopted only after public notice and hearing.
2. Each Party, in accordance with its respective statutory authorities and applicable
procedures, may adopt and enforce rules and regulations to implement and enforce
this Compact and the programs adopted by such Party to carry out the management
programs contemplated by this Compact.
Section 3.4. Program Review and Findings.
1. Each Party shall submit a report to the Council and the Regional Body detailing its
Water management and conservation and efficiency programs that implement this
Compact. The report shall set out the manner in which Water Withdrawals are
managed by sector, Water source, quantity or any other means, and how the
provisions of the Standard of Review and Decision and conservation and efficiency
programs are implemented. The first report shall be provided by each Party one year
from the effective date of this Compact and thereafter every 5 years.
2. The Council, in cooperation with the Provinces, shall review its Water management
and conservation and efficiency programs and those of the Parties that are established
in this Compact and make findings on whether the Water management program
provisions in this Compact are being met, and if not, recommend options to assist the
Parties in meeting the provisions of this Compact. Such review shall take place:
a. 30 days after the first report is submitted by all
b. Every five years after the effective date of this
c. At any other time at the request of one of the
3. As one of its duties and responsibilities, the Council may recommend a range of
approaches to the Parties with respect to the development, enhancement and
application of Water management and conservation and efficiency programs to
implement the Standard of Review and Decision reflecting improved scientific
understanding of the Waters of the Basin, including groundwater, and the impacts of
Withdrawals on the Basin Ecosystem.
WATER MANAGEMENT AND REGULATION
Section 4.1. Water Resources Inventory, Registration and Reporting.
1. Within five years of the effective date of this Compact, each Party shall develop and
maintain a Water resources inventory for the collection, interpretation, storage,
retrieval exchange, and dissemination of information concerning the Water resources
of the Party, including, but not limited to, information on the location, type, quantity,
and use of those resources and the location, type, and quantity of Withdrawals,
Diversions and Consumptive Uses. To the extent feasible, the Water resources
inventory shall be developed in cooperation with local, State, federal, tribal and other
private agencies and entities, as well as the Council. Each Party's agencies shall
cooperate with that Party in the development and maintenance of the inventory.
2. The Council shall assist each Party to develop a common base of data regarding the
management of the Water Resources of the Basin and to establish systematic
arrangements for the exchange of those data with other States and Provinces.
3. To develop and maintain a compatible base of Water use information, within five
years of the effective date of this Compact any Person who Withdraws Water in an
amount of 100,000 gallons per day or greater average in any 30-day period (including
Consumptive Uses) from all sources, or Diverts Water of any amount, shall register
the Withdrawal or Diversion by a date set by the Council unless the Person has
previously registered in accordance with an existing State program. The Person shall
register the Withdrawal or Diversion with the Originating Party using a form
prescribed by the Originating Party that shall include, at a minimum and without
limitation: the name and address of the registrant and date of registration; the
locations and sources of the Withdrawal or Diversion; the capacity of the Withdrawal
or Diversion per day and the amount Withdrawn or Diverted from each source; the
uses made of the Water; places of use and places of discharge; and, such other
information as the Originating Party may require. All registrations shall include an
estimate of the volume of the Withdrawal or Diversion in terms of gallons per day
average in any 30-day period.
4. All registrants shall annually report the monthly volumes of the Withdrawal,
Consumptive Use and Diversion in gallons to the Originating Party and any other
information requested by the Originating Party.
5. Each Party shall annually report the information gathered pursuant to this Section to a
Great Lakes-St. Lawrence River Water use data base repository and aggregated
information shall be made publicly available, consistent with the confidentiality
requirements in Section 8.3.
6. Information gathered by the Parties pursuant to this Section shall be used to improve
the sources and applications of scientific information regarding the Waters of the
Basin and the impacts of the Withdrawals and Diversions from various locations and
Water sources on the Basin Ecosystem, and to better understand the role of
groundwater in the Basin. The Council and the Parties shall coordinate the collection
and application of scientific information to further develop a mechanism by which
individual and Cumulative Impacts of Withdrawals, Consumptive Uses and
Diversions shall be assessed.
Section 4.2. Water Conservation and Efficiency Programs.
1. The Council commits to identify, in cooperation with the Provinces, Basin-wide
Water conservation and efficiency objectives to assist the Parties in developing their
Water conservation and efficiency program. These objectives are based on the goals
a. Ensuring improvement of the Waters and Water
Dependent Natural Resources;
b. Protecting and restoring the hydrologic and
ecosystem integrity of the Basin;
c. Retaining the quantity of surface water and
groundwater in the Basin;
d. Ensuring sustainable use of Waters of the Basin;
e. Promoting the efficiency of use and reducing
losses and waste of Water.
2. Within two years of the effective date of this Compact, each Party shall develop its
own Water conservation and efficiency goals and objectives consistent with the
Basin-wide goals and objectives, and shall develop and implement a Water
conservation and efficiency program, either voluntary or mandatory, within its
jurisdiction based on the Party's goals and objectives. Each Party shall annually
assess its programs in meeting the Party's goals and objectives, report to the Council
and the Regional Body and make this annual assessment available to the public.
3. Beginning five years after the effective date of this Compact, and every five years
thereafter, the Council, in cooperation with the Provinces, shall review and modify as
appropriate the Basin-wide objectives, and the Parties shall have regard for any such
modifications in implementing their programs. This assessment will be based on
examining new technologies, new patterns of Water use, new resource demands and
threats, and Cumulative Impact assessment under Section 4.15.
4. Within two years of the effective date of this Compact, the Parties commit to promote
Environmentally Sound and Economically Feasible Water Conservation Measures
a. Measures that promote efficient use of Water;
b. Identification and sharing of best management
practices and state of the art conservation and efficiency technologies;
c. Application of sound planning principles;
d. Demand-side and supply-side Measures or
e. Development, transfer and application of science
5. Each Party shall implement in accordance with paragraph 2 above a voluntary or
mandatory Water conservation program for all, including existing, Basin Water users.
Conservation programs need to adjust to new demands and the potential impacts of
cumulative effects and climate.
Section 4.3. Party Powers and Duties.
1. Each Party, within its jurisdiction, shall manage and regulate New or Increased
Withdrawals, Consumptive Uses and Diversions, including Exceptions, in accordance
with this Compact.
2. Each Party shall require an Applicant to submit an Application in such manner and
with such accompanying information as the Party shall prescribe.
3. No Party may approve a Proposal if the Party determines that the Proposal is
inconsistent with this Compact or the Standard of Review and Decision or any
implementing rules or regulations promulgated thereunder. The Party may approve,
approve with modifications or disapprove any Proposal depending on the Proposal's
consistency with this Compact and the Standard of Review and Decision.
4. Each Party shall monitor the implementation of any approved Proposal to ensure
consistency with the approval and may take all necessary enforcement actions.
5. No Party shall approve a Proposal subject to Council or Regional Review, or both,
pursuant to this Compact unless it shall have been first submitted to and reviewed by
either the Council or Regional Body, or both, and approved by the Council, as
applicable. Sufficient opportunity shall be provided for comment on the Proposal's
consistency with this Compact and the Standard of Review and Decision. All such
comments shall become part of the Party's formal record of decision, and the Party
shall take into consideration any such comments received.
Section 4.4. Requirement for Originating Party Approval.
No Proposal subject to management and regulation under this Compact shall hereafter be
undertaken by any Person unless it shall have been approved by the Originating Party.
Section 4.5. Regional Review.
a. It is the intention of the Parties to participate
in Regional Review of Proposals with the Provinces, as described in this Compact and the Agreement.
b. Unless the Applicant or the Originating Party
otherwise requests, it shall be the goal of the Regional Body to conclude its review no later than 90 days after notice under Section 4.5.2 of such Proposal is received from the Originating Party.
c. Proposals for Exceptions subject to Regional
Review shall be submitted by the Originating Party to the Regional Body for Regional Review, and where applicable, to the Council for concurrent review.
d. The Parties agree that the protection of the
integrity of the Great Lakes-St. Lawrence River Basin Ecosystem shall be the overarching principle for reviewing Proposals subject to Regional Review, recognizing uncertainties with respect to demands that may be placed on Basin Water, including groundwater, levels and flows of the Great Lakes and the St. Lawrence River, future changes in environmental conditions, the reliability of existing data and the extent to which Diversions may harm the integrity of the Basin Ecosystem.
e. The Originating Party shall have lead
responsibility for coordinating information for resolution of issues related to evaluation of a Proposal, and shall consult with the Applicant throughout the Regional Review Process.
f. A majority of the members of the Regional Body may
request Regional Review of a regionally significant or potentially precedent setting Proposal. Such Regional Review must be conducted, to the extent possible, within the time frames set forth in this Section. Any such Regional Review shall be undertaken only after consulting the Applicant.
Notice from Originating Party to the Regional Body.
a. The Originating Party shall determine if a
Proposal is subject to Regional Review. If so, the Originating Party shall provide timely notice to the Regional Body and the public.
b. Such notice shall not be given unless and until
all information, documents and the Originating Party's Technical Review needed to evaluate whether the Proposal meets the Standard of Review and Decision have been provided.
c. An Originating Party may:
i. Provide notice to the Regional Body of an
Application, even if notification is not required; or,
ii. Request Regional Review of an application,
even if Regional Review is not required. Any such Regional Review shall be undertaken only after consulting the Applicant.
d. An Originating Party may provide preliminary
notice of a potential Proposal.
a. To ensure adequate public participation, the
Regional Body shall adopt procedures for the review of Proposals that are subject to Regional Review in accordance with this Article.
b. The Regional Body shall provide notice to the
public of a Proposal undergoing Regional Review. Such notice shall indicate that the public has an opportunity to comment in writing to the Regional Body on whether the Proposal meets the Standard of Review and Decision.
c. The Regional Body shall hold a public meeting in
the State or Province of the Originating Party in order to receive public comment on the issue of whether the Proposal under consideration meets the Standard of Review and Decision.
d. The Regional Body shall consider the comments
received before issuing a Declaration of Finding.
e. The Regional Body shall forward the comments it
receives to the Originating Party.
a. The Originating Party shall provide the Regional
Body with its Technical Review of the Proposal under consideration.
b. The Originating Party's Technical Review shall
thoroughly analyze the Proposal and provide an evaluation of the Proposal sufficient for a determination of whether the Proposal meets the Standard of Review and Decision.
c. Any member of the Regional Body may conduct their
own Technical Review of any Proposal subject to Regional Review.
d. At the request of the majority of its members, the
Regional Body shall make such arrangements as it considers appropriate for an independent Technical Review of a Proposal.
e. All Parties shall exercise their best efforts to
ensure that a Technical Review undertaken under Sections 4.5.4.c and 4.5.4.d does not unnecessarily delay the decision by the Originating Party on the Application. Unless the Applicant or the Originating Party otherwise requests, all Technical Reviews shall be completed no later than 60 days after the date the notice of the Proposal was given to the Regional Body.
Declaration of Finding.
a. The Regional Body shall meet to consider a
Proposal. The Applicant shall be provided with an opportunity to present the Proposal to the Regional Body at such time.
b. The Regional Body, having considered the notice,
the Originating Party's Technical Review, any other independent Technical Review that is made, any comments or objections including the analysis of comments made by the public, First Nations and federally recognized Tribes, and any other information that is provided under this Compact shall issue a Declaration of Finding that the Proposal under consideration:
i. Meets the Standard of Review and Decision;
ii. Does not meet the Standard of Review and
iii. Would meet the Standard of Review and
Decision if certain conditions were met.
c. An Originating Party may decline to participate
in a Declaration of Finding made by the Regional Body.
d. The Parties recognize and affirm that it is
preferable for all members of the Regional Body to agree whether the Proposal meets the Standard of Review and Decision.
e. If the members of the Regional Body who
participate in the Declaration of Finding all agree, they shall issue a written Declaration of Finding with consensus.
f. In the event that the members cannot agree, the
Regional Body shall make every reasonable effort to achieve consensus within 25 days.
g. Should consensus not be achieved, the Regional
Body may issue a Declaration of Finding that presents different points of view and indicates each Party's conclusions.
h. The Regional Body shall release the Declarations
of Finding to the public.
i. The Originating Party and the Council shall
consider the Declaration of Finding before making a decision on the Proposal.
Section 4.6. Proposals Subject to Prior Notice.
1. Beginning no later than five years of the effective date of this Compact, the
Originating Party shall provide all Parties and the Provinces with detailed and timely
notice and an opportunity to comment within 90 days on any Proposal for a New or
Increased Consumptive Use of 5 million gallons per day or greater average in any 90-day period. Comments shall address whether or not the Proposal is consistent with
the Standard of Review and Decision. The Originating Party shall provide a response
to any such comment received from another Party.
2. A Party may provide notice, an opportunity to comment and a response to comments
even if this is not required under paragraph 1 of this Section. Any provision of such
notice and opportunity to comment shall be undertaken only after consulting the
Section 4.7. Council Actions.
1. Proposals for Exceptions subject to Council Review shall be submitted by the
Originating Party to the Council for Council Review, and where applicable, to the
Regional Body for concurrent review.
2. The Council shall review and take action on Proposals in accordance with this
Compact and the Standard of Review and Decision. The Council shall not take action
on a Proposal subject to Regional Review pursuant to this Compact unless the
Proposal shall have been first submitted to and reviewed by the Regional Body. The
Council shall consider any findings resulting from such review.
Section 4.8. Prohibition of New or Increased Diversions.
All New or Increased Diversions are prohibited, except as provided for in this Article.
Section 4.9. Exceptions to the Prohibition of Diversions.
A Proposal to transfer Water to an area within a Straddling
Community but outside the Basin or outside the source Great Lake Watershed shall
be excepted from the prohibition against Diversions and be managed and regulated by
the Originating Party provided that, regardless of the volume of Water transferred, all
the Water so transferred shall be used solely for Public Water Supply Purposes within
the Straddling Community, and:
a. All Water Withdrawn from the Basin shall be
returned, either naturally or after use, to the Source Watershed less an allowance for Consumptive Use. No surface water or groundwater from outside the Basin may be used to satisfy any portion of this criterion except if it:
i. Is part of a water supply or wastewater
treatment system that combines water from inside and outside of the Basin;
ii. Is treated to meet applicable water quality
discharge standards and to prevent the introduction of invasive species into the Basin;
iii. Maximizes the portion of water returned to
the Source Watershed as Basin Water and minimizes the surface water or groundwater from outside the Basin;
b. If the Proposal results from a New or Increased
Withdrawal of 100,000 gallons per day or greater average over any 90-day period, the Proposal shall also meet the Exception Standard; and,
c. If the Proposal results in a New or Increased
Consumptive Use of 5 million gallons per day or greater average over any 90-day period, the Proposal shall also undergo Regional Review.
A Proposal for an Intra-Basin Transfer that would be
considered a Diversion under this Compact, and not already excepted pursuant to
paragraph 1 of this Section, shall be excepted from the prohibition against Diversions,
a. If the Proposal results from a New or Increased
Withdrawal less than 100,000 gallons per day average over any 90-day period, the Proposal shall be subject to management and regulation at the discretion of the Originating Party.
b. If the Proposal results from a New or Increased
Withdrawal 100,000 gallons per day or greater average over any 90-day period and if the Consumptive Use resulting from the Withdrawal is less than 5 million gallons per day average over any 90-day period:
i. The Proposal shall meet the Exception Standard
and be subject to management and regulation by the Originating Party, except that the Water may be returned to another Great Lake watershed rather than the Source Watershed;
ii. The Applicant shall demonstrate that there is
no feasible, cost effective, and environmentally sound water supply alternative within the Great Lake watershed to which the Water will be transferred, including conservation of existing water supplies; and,
iii. The Originating Party shall provide notice
to the other Parties prior to making any decision with respect to the Proposal.
c. If the Proposal results in a New or Increased
Consumptive Use of 5 million gallons per day or greater average over any 90-day period:
i. The Proposal shall be subject to management
and regulation by the Originating Party and shall meet the Exception Standard, ensuring that Water Withdrawn shall be returned to the Source Watershed;
ii. The Applicant shall demonstrate that there is
no feasible, cost effective, and environmentally sound water supply alternative within the Great Lake watershed to which the Water will be transferred, including conservation of existing water supplies;
iii. The Proposal undergoes Regional Review; and,
iv. The Proposal is approved by the Council.
Council approval shall be given unless one or more Council Members vote to disapprove.
A Proposal to transfer Water to a Community within a
Straddling County that would be considered a Diversion under this Compact shall be
excepted from the prohibition against Diversions, provided that it satisfies all of the
a. The Water shall be used solely for the Public
Water Supply Purposes of the Community within a Straddling County that is without adequate supplies of potable water;
b. The Proposal meets the Exception Standard,
maximizing the portion of water returned to the Source Watershed as Basin Water and minimizing the surface water or groundwater from outside the Basin;
c. The Proposal shall be subject to management and
regulation by the Originating Party, regardless of its size;
d. There is no reasonable water supply alternative
within the basin in which the community is located, including conservation of existing water supplies;
e. Caution shall be used in determining whether or
not the Proposal meets the conditions for this Exception. This Exception should not be authorized unless it can be shown that it will not endanger the integrity of the Basin Ecosystem;
f. The Proposal undergoes Regional Review; and,
g. The Proposal is approved by the Council. Council
approval shall be given unless one or more Council Members vote to disapprove.
A Proposal must satisfy all of the conditions listed above. Further, substantive
consideration will also be given to whether or not the Proposal can provide sufficient
scientifically based evidence that the existing water supply is derived from
groundwater that is hydrologically interconnected to Waters of the Basin.
Proposals subject to management and regulation in this Section
shall be declared to meet this Exception Standard and may be approved as appropriate
only when the following criteria are met:
a. The need for all or part of the proposed Exception
cannot be reasonably avoided through the efficient use and conservation of existing water supplies;
b. The Exception will be limited to quantities that
are considered reasonable for the purposes for which it is proposed;
c. All Water Withdrawn shall be returned, either
naturally or after use, to the Source Watershed less an allowance for Consumptive Use. No surface water or groundwater from the outside the Basin may be used to satisfy any portion of this criterion except if it:
i. Is part of a water supply or wastewater
treatment system that combines water from inside and outside of the Basin;
ii. Is treated to meet applicable water quality
discharge standards and to prevent the introduction of invasive species into the Basin;
d. The Exception will be implemented so as to ensure
that it will result in no significant individual or cumulative adverse impacts to the quantity or quality of the Waters and Water Dependent Natural Resources of the Basin with consideration given to the potential Cumulative Impacts of any precedent-setting consequences associated with the Proposal;
e. The Exception will be implemented so as to
incorporate Environmentally Sound and Economically Feasible Water Conservation Measures to minimize Water Withdrawals or Consumptive Use;
f. The Exception will be implemented so as to ensure
that it is in compliance with all applicable municipal, State and federal laws as well as regional interstate and international agreements, including the Boundary Waters Treaty of 1909; and,
g. All other applicable criteria in Section 4.9 have
Section 4.10. Management and Regulation of New or Increased Withdrawals and
1. Within five years of the effective date of this Compact, each Party shall create a
program for the management and regulation of New or Increased Withdrawals and
Consumptive Uses by adopting and implementing Measures consistent with the
Decision-Making Standard. Each Party, through a considered process, shall set and
may modify threshold levels for the regulation of New or Increased Withdrawals in
order to assure an effective and efficient Water management program that will ensure
that uses overall are reasonable, that Withdrawals overall will not result in significant
impacts to the Waters and Water Dependent Natural Resources of the Basin,
determined on the basis of significant impacts to the physical, chemical, and
biological integrity of Source Watersheds, and that all other objectives of the
Compact are achieved. Each Party may determine the scope and thresholds of its
program, including which New or Increased Withdrawals and Consumptive Uses will
be subject to the program.
2. Any Party that fails to set threshold levels that comply with Section 4.10.1 any time
before 10 years after the effective date of this Compact shall apply a threshold level
for management and regulation of all New or Increased Withdrawals of 100,000
gallons per day or greater average in any 90-day period.
3. The Parties intend programs for New or Increased Withdrawals and Consumptive
Uses to evolve as may be necessary to protect Basin Waters. Pursuant to Section 3.4,
the Council, in cooperation with the Provinces, shall periodically assess the Water
management programs of the Parties. Such assessments may produce
recommendations for the strengthening of the programs, including without limitation,
establishing lower thresholds for management and regulation in accordance with the
Section 4.11. Decision-Making Standard.
Proposals subject to management and regulation in Section 4.10 shall be declared to meet
this Decision-Making Standard and may be approved as appropriate only when the
following criteria are met:
1. All Water Withdrawn shall be returned, either naturally or after use, to the Source
Watershed less an allowance for Consumptive Use;
2. The Withdrawal or Consumptive Use will be implemented so as to ensure that the
Proposal will result in no significant individual or cumulative adverse impacts to the
quantity or quality of the Waters and Water Dependent Natural Resources and the
applicable Source Watershed;
3. The Withdrawal or Consumptive Use will be implemented so as to incorporate
Environmentally Sound and Economically Feasible Water Conservation Measures;
4. The Withdrawal or Consumptive Use will be implemented so as to ensure that it is in
compliance with all applicable municipal, State and federal laws as well as regional
interstate and international agreements, including the Boundary Waters Treaty of
5. The proposed use is reasonable, based upon a consideration of the following factors:
a. Whether the proposed Withdrawal or Consumptive Use
is planned in a fashion that provides for efficient use of the water, and will avoid or minimize the waste of Water;
b. If the Proposal is for an increased Withdrawal or
Consumptive use, whether efficient use is made of existing water supplies;
c. The balance between economic development, social
development and environmental protection of the proposed Withdrawal and use and other existing or planned withdrawals and water uses sharing the water source;
d. The supply potential of the water source,
considering quantity, quality, and reliability and safe yield of hydrologically interconnected water sources;
e. The probable degree and duration of any adverse
impacts caused or expected to be caused by the proposed Withdrawal and use under foreseeable conditions, to other lawful consumptive or non-consumptive uses of water or to the quantity or quality of the Waters and Water Dependent Natural Resources of the Basin, and the proposed plans and arrangements for avoidance or mitigation of such impacts; and,
f. If a Proposal includes restoration of hydrologic
conditions and functions of the Source Watershed, the Party may consider that.
Section 4.12. Applicability.
This Standard of Review and Decision shall be used as a
minimum standard. Parties may impose a more restrictive decision-making standard
for Withdrawals under their authority. It is also acknowledged that although a
Proposal meets the Standard of Review and Decision it may not be approved under
the laws of the Originating Party that has implemented more restrictive Measures.
a. To establish a baseline for determining a New or
Increased Diversion, Consumptive Use or Withdrawal, each Party shall develop either or both of the following lists for their jurisdiction:
i. A list of existing Withdrawal approvals as of
the effective date of the Compact;
ii. A list of the capacity of existing systems as
of the effective date of this Compact. The capacity of the existing systems should be presented in terms of Withdrawal capacity, treatment capacity, distribution capacity, or other capacity limiting factors. The capacity of the existing systems must represent the state of the systems. Existing capacity determinations shall be based upon approval limits or the most restrictive capacity information.
b. For all purposes of this Compact, volumes of
Diversions, Consumptive Uses, or Withdrawals of Water set forth in the list(s) prepared by each Party in accordance with this Section, shall constitute the baseline volume.
c. The list(s) shall be furnished to the Regional
Body and the Council within one year of the effective date of this Compact.
Timing of Additional Applications.
Applications for New or Increased Withdrawals,
Consumptive Uses or Exceptions shall be considered cumulatively within ten years of
Change of Ownership.
Unless a new owner proposes a project that shall result in a
Proposal for a New or Increased Diversion or Consumptive Use subject to Regional
Review or Council approval, the change of ownership in and of itself shall not require
Regional Review or Council approval.
The Basin surface water divide shall be used for the purpose of
managing and regulating New or Increased Diversions, Consumptive Uses or
Withdrawals of surface water and groundwater.
The total volume of surface water and groundwater resources
that supply a common distribution system shall determine the volume of a
Withdrawal, Consumptive Use or Diversion.
The watershed of each Great Lake shall include its upstream
and downstream connecting channels.
Transmission in Water Lines.
Transmission of Water within a line that extends
outside the Basin as it conveys Water from one point to another within the Basin shall
not be considered a Diversion if none of the Water is used outside the Basin.
The Lake Michigan and Lake Huron watersheds shall be
considered to be a single hydrologic unit and watershed.
Bulk Water Transfer.
A Proposal to Withdraw Water and to remove it from the Basin
in any container greater than 5.7 gallons shall be treated under this Compact in the
same manner as a Proposal for a Diversion. Each Party shall have the discretion,
within its jurisdiction, to determine the treatment of Proposals to Withdraw Water and
to remove it from the Basin in any container of 5.7 gallons or less.
Section 4.13. Exemptions.
Withdrawals from the Basin for the following purposes are exempt from the requirements
of Article 4.
1. To supply vehicles, including vessels and aircraft, whether for the needs of the
persons or animals being transported or for ballast or other needs related to the
operation of the vehicles.
2. To use in a non-commercial project on a short-term basis for firefighting,
humanitarian, or emergency response purposes.
Section 4.14. U.S. Supreme Court Decree:
Wisconsin et al. v. Illinois et al.
1. Notwithstanding any terms of this Compact to the contrary, with the exception of
Paragraph 5 of this Section, current, New or Increased Withdrawals, Consumptive
Uses and Diversions of Basin Water by the State of Illinois shall be governed by the
terms of the United States Supreme Court decree in
Wisconsin et al. v. Illinois et al.
and shall not be subject to the terms of this Compact nor any rules or regulations
promulgated pursuant to this Compact. This means that, with the exception of
Paragraph 5 of this Section, for purposes of this Compact, current, New or Increased
Withdrawals, Consumptive Uses and Diversions of Basin Water within the State of
Illinois shall be allowed unless prohibited by the terms of the United States Supreme
Court decree in
Wisconsin et al. v. Illinois et al
2. The Parties acknowledge that the United States Supreme Court decree in
et al. v. Illinois et al.
shall continue in full force and effect, that this Compact shall not
modify any terms thereof, and that this Compact shall grant the parties no additional
rights, obligations, remedies or defenses thereto. The Parties specifically
acknowledge that this Compact shall not prohibit or limit the State of Illinois in any
manner from seeking additional Basin Water as allowed under the terms of the United
States Supreme Court decree in
Wisconsin et al. v. Illinois et al.
, any other party from
objecting to any request by the State of Illinois for additional Basin Water under the
terms of said decree, or any party from seeking any other type of modification to said
decree. If an application is made by any party to the Supreme Court of the United
States to modify said decree, the Parties to this Compact who are also parties to the
decree shall seek formal input from the Canadian Provinces of Ontario and Québec,
with respect to the proposed modification, use best efforts to facilitate the appropriate
participation of said Provinces in the proceedings to modify the decree, and shall not
unreasonably impede or restrict such participation.
3. With the exception of Paragraph 5 of this Section, because current, New or Increased
Withdrawals, Consumptive Uses and Diversions of Basin Water by the State of
Illinois are not subject to the terms of this Compact, the State of Illinois is prohibited
from using any term of this Compact, including Section 4.9, to seek New or Increased
Withdrawals, Consumptive Uses or Diversions of Basin Water.
4. With the exception of Paragraph 5 of this Section, because Sections 4.3, 4.4, 4.5, 4.6,
4.7, 4.8, 4.9, 4.10, 4.11, 4.12 (Paragraphs 1, 2, 3, 4, 6 and 10 only), and 4.13 of this
Compact all relate to current, New or Increased Withdrawals, Consumptive Uses and
Diversions of Basin Waters, said provisions do not apply to the State of Illinois. All
other provisions of this Compact not listed in the preceding sentence shall apply to
the State of Illinois, including the Water Conservation Programs provision of Section
5. In the event of a Proposal for a Diversion of Basin Water for use outside the territorial
boundaries of the Parties to this Compact, decisions by the State of Illinois regarding
such a Proposal would be subject to all terms of this Compact, except Paragraphs 1, 3
and 4 of this Section.
6. For purposes of the State of Illinois' participation in this Compact, the entirety of this
Section 4.14 is necessary for the continued implementation of this Compact and, if
severed, this Compact shall no longer be binding on or enforceable by or against the
State of Illinois.
Section 4.15. Assessment of Cumulative Impacts.
1. The Parties in cooperation with the Provinces shall collectively conduct within the
Basin, on a Lake watershed and St. Lawrence River Basin basis, a periodic
assessment of the Cumulative Impacts of Withdrawals, Diversions and Consumptive
Uses from the Waters of the Basin, every 5 years or each time the incremental Basin
Water losses reach 50 million gallons per day average in any 90-day period in excess
of the quantity at the time of the most recent assessment, whichever comes first, or at
the request of one or more of the Parties. The assessment shall form the basis for a
review of the Standard of Review and Decision, Council and Party regulations and
their application. This assessment shall:
a. Utilize the most current and appropriate
guidelines for such a review, which may include but not be limited to Council on Environmental Quality and Environment Canada guidelines;
b. Give substantive consideration to climate change
or other significant threats to Basin Waters and take into account the current state of scientific knowledge, or uncertainty, and appropriate Measures to exercise caution in cases of uncertainty if serious damage may result;
c. Consider adaptive management principles and
approaches, recognizing, considering and providing adjustments for the uncertainties in, and evolution of science concerning the Basin's water resources, watersheds and ecosystems, including potential changes to Basin-wide processes, such as lake level cycles and climate.
2. The Parties have the responsibility of conducting this Cumulative Impact assessment.
Applicants are not required to participate in this assessment.
3. Unless required by other statutes, Applicants are not required to conduct a separate
cumulative impact assessment in connection with an Application but shall submit
information about the potential impacts of a Proposal to the quantity or quality of the
Waters and Water Dependent Natural Resources of the applicable Source Watershed.
An Applicant may, however, provide an analysis of how their Proposal meets the no
significant adverse Cumulative Impact provision of the Standard of Review and
Section 5.1. Consultation with Tribes.
1. In addition to all other opportunities to comment pursuant to Section 6.2, appropriate
consultations shall occur with federally recognized Tribes in the Originating Party for
all Proposals subject to Council or Regional Review pursuant to this Compact. Such
consultations shall be organized in the manner suitable to the individual Proposal and
the laws and policies of the Originating Party.
2. All federally recognized Tribes within the Basin shall receive reasonable notice
indicating that they have an opportunity to comment in writing to the Council or the
Regional Body, or both, and other relevant organizations on whether the Proposal
meets the requirements of the Standard of Review and Decision when a Proposal is
subject to Regional Review or Council approval. Any notice from the Council shall
inform the Tribes of any meeting or hearing that is to be held under Section 6.2 and
invite them to attend. The Parties and the Council shall consider the comments
received under this Section before approving, approving with modifications or
disapproving any Proposal subject to Council or Regional Review.
3. In addition to the specific consultation mechanisms described above, the Council
shall seek to establish mutually agreed upon mechanisms or processes to facilitate
dialogue with, and input from federally recognized Tribes on matters to be dealt with
by the Council; and, the Council shall seek to establish mechanisms and processes
with federally recognized Tribes designed to facilitate on-going scientific and
technical interaction and data exchange regarding matters falling within the scope of
this Compact. This may include participation of tribal representatives on advisory
committees established under this Compact or such other processes that are mutually-agreed
upon with federally recognized Tribes individually or through duly-authorized
intertribal agencies or bodies.
Section 6.1. Meetings, Public Hearings and Records.
1. The Parties recognize the importance and necessity of public participation in
promoting management of the Water Resources of the Basin. Consequently, all
meetings of the Council shall be open to the public, except with respect to issues of
2. The minutes of the Council shall be a public record open to inspection at its offices
during regular business hours.
Section 6.2. Public Participation.
It is the intent of the Council to conduct public participation processes concurrently and
jointly with processes undertaken by the Parties and through Regional Review. To
ensure adequate public participation, each Party or the Council shall ensure procedures
for the review of Proposals subject to the Standard of Review and Decision consistent
with the following requirements:
1. Provide public notification of receipt of all Applications and a reasonable opportunity
for the public to submit comments before Applications are acted upon.
2. Assure public accessibility to all documents relevant to an Application, including
public comment received.
3. Provide guidance on standards for determining whether to conduct a public meeting
or hearing for an Application, time and place of such a meeting(s) or hearing(s), and
procedures for conducting of the same.
4. Provide the record of decision for public inspection including comments, objections,
responses and approvals, approvals with conditions and disapprovals.
DISPUTE RESOLUTION AND ENFORCEMENT
Section 7.1. Good Faith Implementation.
Each of the Parties pledges to support implementation of all provisions of this Compact,
and covenants that its officers and agencies shall not hinder, impair, or prevent any other
Party carrying out any provision of this Compact.
Section 7.2. Alternative Dispute Resolution.
1. Desiring that this Compact be carried out in full, the Parties agree that disputes
between the Parties regarding interpretation, application and implementation of this
Compact shall be settled by alternative dispute resolution.
2. The Council, in consultation with the Provinces, shall provide by rule procedures for
the resolution of disputes pursuant to this Section.
Section 7.3. Enforcement.
1. Any Person aggrieved by any action taken by the Council pursuant to the authorities
contained in this Compact shall be entitled to a hearing before the Council. Any
Person aggrieved by a Party action shall be entitled to a hearing pursuant to the
relevant Party's administrative procedures and laws. After exhaustion of such
administrative remedies, (i) any aggrieved Person shall have the right to judicial
review of a Council action in the United States District Courts for the District of
Columbia or the District Court in which the Council maintains offices, provided such
action is commenced within 90 days; and, (ii) any aggrieved Person shall have the
right to judicial review of a Party's action in the relevant Party's court of competent
jurisdiction, provided that an action or proceeding for such review is commenced
within the time frames provided for by the Party's law. For the purposes of this
paragraph, a State or Province is deemed to be an aggrieved Person with respect to
any Party action pursuant to this Compact.
2. a. Any Party or the Council may initiate actions
to compel compliance with the provisions of this Compact, and the rules and regulations promulgated hereunder by the Council. Jurisdiction over such actions is granted to the court of the relevant Party, as well as the United States District Courts for the District of Columbia and the District Court in which the Council maintains offices. The remedies available to any such court shall include, but not be limited to, equitable relief and civil penalties.
b. Each Party may issue orders within its respective
jurisdiction and may initiate actions to compel compliance with the provisions of its respective statutes and regulations adopted to implement the authorities contemplated by this Compact in accordance with the provisions of the laws adopted in each Party's jurisdiction.
3. Any aggrieved Person, Party or the Council may commence a civil action in the
relevant Party's courts and administrative systems to compel any Person to comply
with this Compact should any such Person, without approval having been given,
undertake a New or Increased Withdrawal, Consumptive Use or Diversion that is
prohibited or subject to approval pursuant to this Compact.
a. No action under this subsection may be commenced
i. The Originating Party or Council approval for
the New or Increased Withdrawal, Consumptive Use or Diversion has been granted; or,
ii. The Originating Party or Council has found
that the New or Increased Withdrawal, Consumptive Use or Diversion is not subject to approval pursuant to this Compact.
b. No action under this subsection may be commenced
i. A Person commencing such action has first
given 60 days prior notice to the Originating Party, the Council and Person alleged to be in noncompliance; and,
ii. Neither the Originating Party nor the Council
has commenced and is diligently prosecuting appropriate enforcement actions to compel compliance with this Compact. The available remedies shall include equitable relief, and the prevailing or substantially prevailing party may recover the costs of litigation, including reasonable attorney and expert witness fees, whenever the court determines that such an award is appropriate.
4. Each of the Parties may adopt provisions providing additional enforcement
mechanisms and remedies including equitable relief and civil penalties applicable
within its jurisdiction to assist in the implementation of this Compact.
Section 8.1. Effect on Existing Rights.
1. Nothing in this Compact shall be construed to affect, limit, diminish or impair any
rights validly established and existing as of the effective date of this Compact under
State or federal law governing the Withdrawal of Waters of the Basin.
2. Nothing contained in this Compact shall be construed as affecting or intending to
affect or in any way to interfere with the law of the respective Parties relating to
common law Water rights.
3. Nothing in this Compact is intended to abrogate or derogate from treaty rights or
rights held by any Tribe recognized by the federal government of the United States
based upon its status as a Tribe recognized by the federal government of the United
4. An approval by a Party or the Council under this Compact does not give any property
rights, nor any exclusive privileges, nor shall it be construed to grant or confer any
right, title, easement, or interest in, to or over any land belonging to or held in trust by
a Party; neither does it authorize any injury to private property or invasion of private
rights, nor infringement of federal, State or local laws or regulations; nor does it
obviate the necessity of obtaining federal assent when necessary.
Section 8.2. Relationship to Agreements Concluded by the United States of
1. Nothing in this Compact is intended to provide nor shall be construed to provide,
directly or indirectly, to any Person any right, claim or remedy under any treaty or
international agreement nor is it intended to derogate any right, claim, or remedy that
already exists under any treaty or international agreement.
2. Nothing in this Compact is intended to infringe nor shall be construed to infringe
upon the treaty power of the United States of America, nor shall any term hereof be
construed to alter or amend any treaty or term thereof that has been or may hereafter
be executed by the United States of America.
3. Nothing in this Compact is intended to affect nor shall be construed to affect the
application of the Boundary Waters Treaty of 1909 whose requirements continue to
apply in addition to the requirements of this Compact.
Section 8.3. Confidentiality.
1. Nothing in this Compact requires a Party to breach confidentiality obligations or
requirements prohibiting disclosure, or to compromise security of commercially
sensitive or proprietary information.
2. A Party may take measures, including but not limited to deletion and redaction,
deemed necessary to protect any confidential, proprietary or commercially sensitive
information when distributing information to other Parties. The Party shall
summarize or paraphrase any such information in a manner sufficient for the Council
to exercise its authorities contained in this Compact.
Section 8.4. Additional Laws.
Nothing in this Compact shall be construed to repeal, modify or qualify the authority of
any Party to enact any legislation or enforce any additional conditions and restrictions
regarding the management and regulation of Waters within its jurisdiction.
Section 8.5. Amendments and Supplements.
The provisions of this Compact shall remain in full force and effect until amended by
action of the governing bodies of the Parties and consented to and approved by any other
necessary authority in the same manner as this Compact is required to be ratified to
Section 8.6. Severability.
Should a court of competent jurisdiction hold any part of this Compact to be void or
unenforceable, it shall be considered severable from those portions of the Compact
capable of continued implementation in the absence of the voided provisions. All other
provisions capable of continued implementation shall continue in full force and effect.
Section 8.7. Duration of Compact and Termination.
Once effective, the Compact shall continue in force and remain binding upon each and
every Party unless terminated.
This Compact may be terminated at any time by a majority vote of the Parties. In the
event of such termination, all rights established under it shall continue unimpaired.
Section 9.1. Repealer.
All Acts and parts of Acts inconsistent with this Act are to the extent of such inconsistency
Section 9.2. Effectuation by Chief Executive.
The Governor is authorized to take such action as may be necessary and proper in his or
her discretion to effectuate the Compact and the initial organization and operation
Section 9.3. Entire Agreement.
The Parties consider this Compact to be complete and an integral whole. Each provision
of this Compact is considered material to the entire Compact, and failure to implement or
adhere to any provision may be considered a material breach. Unless otherwise noted in
this Compact, any change or amendment made to the Compact by any Party in its
implementing legislation or by the U.S. Congress when giving its consent to this
Compact is not considered effective unless concurred in by all Parties.
Section 9.4. Effective Date and Execution.
This Compact shall become binding and effective when ratified through concurring
legislation by the states of Illinois, Indiana, Michigan, Minnesota, New York, Ohio and
Wisconsin and the Commonwealth of Pennsylvania and consented to by the Congress of
the United States. This Compact shall be signed and sealed in nine identical original
copies by the respective chief executives of the signatory Parties. One such copy shall be
filed with the Secretary of State of each of the signatory Parties or in accordance with the
laws of the state in which the filing is made, and one copy shall be filed and retained in
the archives of the Council upon its organization. The signatures shall be affixed and
attested under the following form:
In Witness Whereof, and in evidence of the adoption
and enactment into law of this Compact by the legislatures of the signatory parties and consent by the Congress of the United States, the respective Governors do hereby, in accordance with the authority conferred by law, sign this Compact in nine duplicate original copies, attested by the respective Secretaries of State, and have caused the seals of the respective states to be hereunto affixed this____ day of (
(Source: P.A. 95-238, eff. 8-17-07.)