CHAPTER 15. GREAT LAKES_ST. LAWRENCE RIVER BASIN WATER RESOURCES COMPACT
IC 14-25-15
Chapter 15. Great Lakes_St. Lawrence River Basin Water
Resources Compact
IC 14-25-15-1
Agreement for the compact
Sec. 1. The following interstate agreement on the use of water
resources in the Great Lakes_St. Lawrence River basin is enacted
into law and entered into by this state with all other states legally
joining the interstate agreement in substantially the following form:
AGREEMENT
Section 1. 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 COMPACTARTICLE 1
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 the compact, and of any supplemental or concurring legislation enacted under the compact, except as may be otherwise required by the context:
"Adaptive management" means a water resources management system that provides a systematic process for evaluation, monitoring, and learning from the outcomes of operational programs and adjustment of policies, plans, and programs based on experience and the evolution of scientific knowledge concerning water resources and water dependent natural resources.
"Agreement" means the Great Lakes_St. Lawrence River Basin Sustainable Water Resources Agreement.
"Applicant" means a person who is required to submit a proposal that is subject to management and regulation under the compact. "Application" has a corresponding meaning.
"Basin" or "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.
"Basin ecosystem" or "Great Lakes_St. Lawrence River basin ecosystem" means the interacting components of air, land, water, and living organisms, including humankind, within the basin.
"Community within a straddling county" means any incorporated city, town, or the equivalent thereof, that is located outside the basin but wholly within a county that lies partly within the basin and that is not a straddling community.
"Compact" means this compact.
"Consumptive use" means that portion of the water withdrawn or
withheld from the basin that is lost or otherwise not returned to the
basin due to evaporation, incorporation into products, or other
processes.
"Council" means the Great Lakes_St. Lawrence River basin
water resources council, created by the compact.
"Council review" means the collective review by the council
members as described in article 4 of the compact.
"County" means the largest territorial division for local
government in a state. The county boundaries shall be defined as
those boundaries that exist as of December 13, 2005.
"Cumulative impacts" means the impact on the basin ecosystem
that results from incremental effects of all aspects of a withdrawal,
diversion, or consumptive use in addition to other past, present, and
reasonably foreseeable future withdrawals, diversions, and
consumptive uses regardless of who undertakes the other
withdrawals, diversions, and consumptive uses. Cumulative impacts
can result from individually minor but collectively significant
withdrawals, diversions, and consumptive uses taking place over a
period of time.
"Decision making standard" means the decision making standard
established by section 4.11 for proposals subject to management and
regulation in section 4.10.
"Diversion" means a transfer of water from the basin into another
watershed, or from the watershed of one (1) of the Great Lakes into
that of another by any means of transfer, including but not limited to
a pipeline, canal, tunnel, aqueduct, channel, modification of the
direction of a water course, a tanker ship, tanker truck, or rail tanker
but does not apply to water that is used in the basin or a Great Lake
watershed to manufacture or produce a product that is then
transferred out of the basin or watershed. "Divert" has a
corresponding meaning.
"Environmentally sound and economically feasible water
conservation measures" means 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, processes employed, energy impacts,
and other appropriate factors.
"Exception" means a transfer of water that is excepted under
section 4.9 from the prohibition against diversions in section 4.8.
"Exception standard" means the standard for exceptions
established in section 4.9.4.
"Intra-basin transfer" means the transfer of water from the
watershed of one (1) of the Great Lakes into the watershed of another
Great Lake.
"Measures" means any legislation, law, regulation, directive,
requirement, guideline, program, policy, administrative practice, or
other procedure.
"New or increased diversion" means a new diversion, an increase
in an existing diversion, or the alteration of an existing withdrawal
so that it becomes a diversion.
"New or increased withdrawal or consumptive use" means a new
withdrawal or consumptive use or an increase in an existing
withdrawal or consumptive use.
"Originating party" means the party within whose jurisdiction an
application or registration is made or required.
"Party" means a state party to the compact.
"Person" means a human being or a legal person, including a
government or a nongovernmental organization, including any
scientific, professional, business, nonprofit, or public interest
organization or association that is neither affiliated with, nor under
the direction of, a government.
"Product" means something produced in the basin by human or
mechanical effort or through agricultural processes and used in
manufacturing, commercial, or other processes or intended for
intermediate or end use consumers.
(i) Water used as part of the packaging of a product shall be
considered to be part of the product.
(ii) Other than water used as part of the packaging of a product,
water that is used primarily to transport materials in or out of
the basin is not a product or part of a product.
(iii) Except as provided in item (i), water that is transferred as
part of a public or private supply is not a product or part of a
product.
(iv) Water in its natural state such as in lakes, rivers, reservoirs,
aquifers, or water basins is not a product.
"Proposal" means a withdrawal, diversion, or consumptive use of
water that is subject to the compact.
"Province" 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.
"Regional body" means the members of the council and the
premiers of Ontario and Québec or their designee as established by
the agreement.
"Regional review" means the collective review by the regional
body as described in article 4 of the compact.
"Source watershed" means the watershed from which a
withdrawal originates. If water is withdrawn directly from a Great
Lake or from the St. Lawrence River, then the source watershed shall
be considered to be the watershed of that Great Lake or the
watershed of the St. Lawrence River, respectively. If water is
withdrawn from the watershed of a stream that is a direct 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 the
compact.
"State" means one (1) of the states of Illinois, Indiana, Michigan,
Minnesota, New York, Ohio, or Wisconsin, or the Commonwealth
of Pennsylvania.
"Straddling community" means any incorporated city, town, or the
equivalent thereof, wholly within any county that lies partly or
completely within the basin, whose corporate boundary existing as
of the effective date of the compact, is partly within the basin or
partly within two (2) Great Lakes watersheds.
"Technical review" means a detailed review conducted to
determine whether or not a proposal that requires regional review
under the compact meets the standard of review and decision
following procedures and guidelines as set out in the compact.
"Water" means ground or surface water contained within the
basin.
"Water dependent natural resources" means the interacting
components of land, water, and living organisms affected by the
waters of the basin.
"Waters of the basin" or "basin water" means the Great Lakes and
all streams, rivers, lakes, connecting channels, and other bodies of
water, including tributary groundwater, within the basin.
"Withdrawal" means the taking of water from surface water or
groundwater. "Withdraw" has a corresponding meaning.
Section 1.3. Findings and purposes. The legislative bodies of the
respective parties hereby find and declare:
1. Findings:
a. the waters of the basin are precious public natural
resources shared and held in trust by the states;
b. the waters of the basin are interconnected and part of a
single hydrologic system;
c. the waters of the basin can concurrently serve multiple
uses. Such multiple uses include municipal, public,
industrial, commercial, agriculture, mining, navigation,
energy development and production, recreation, the
subsistence, economic and cultural activities of native
peoples, water quality maintenance, and the maintenance of
fish and wildlife habitat and a balanced ecosystem; and,
other purposes are encouraged, recognizing that such uses
are interdependent and must be balanced;
d. future diversions and consumptive uses of basin water
resources have the potential to significantly impact the
environment, economy, and welfare of the Great Lakes_St.
Lawrence River region;
e. continued sustainable, accessible, and adequate water
supplies for the people and economy of the basin are of vital
importance; and
f. the parties have a shared duty to protect, conserve, restore,
improve, and manage the renewable but finite waters of the
basin for the use, benefit, and enjoyment of all their citizens,
including generations yet to come. The most effective means
of protecting, conserving, restoring, improving, and
managing the basin waters is through the joint pursuit of
unified and cooperative principles, policies, and programs
mutually agreed upon, enacted, and adhered to by all parties.
2. Purposes:
a. to act together to protect, conserve, restore, improve, and
effectively manage the waters and water dependent natural
resources of the basin under appropriate arrangements for
intergovernmental cooperation and consultation because
current lack of full scientific certainty should not be used as
a reason for postponing measures to protect the basin
ecosystem;
b. to remove causes of present and future controversies;
c. to provide for cooperative planning and action by the
parties with respect to such water resources;
d. to facilitate consistent approaches to water management
across the basin while retaining state management authority
over water management decisions within the basin;
e. to facilitate the exchange of data, strengthen the scientific
information base upon which decisions are made, and
engage in consultation on the potential effects of proposed
withdrawals and losses on the waters and water dependent
natural resources of the basin;
f. to prevent significant adverse impacts of withdrawals and
losses on the basin's ecosystems and watersheds;
g. to promote interstate and state-provincial comity; and
h. to promote an adaptive management approach to the
conservation and management of basin water resources,
which recognizes, considers, and provides adjustments for
the uncertainties in, and evolution of, scientific knowledge
concerning the basin's waters and water dependent natural
resources.
Section 1.4. Science.
1. The parties commit to provide leadership for the development
of a collaborative strategy with other regional partners to
strengthen the scientific basis for sound water management
decision making under the compact.
2. The strategy shall guide the collection and application of
scientific information to support:
a. an improved understanding of the individual and
cumulative impacts of withdrawals from various locations
and water sources on the basin ecosystem and to develop a
mechanism by which impacts of withdrawals may be
assessed;
b. the periodic assessment of cumulative impacts of
withdrawals, diversions, and consumptive uses on the Great
Lakes and St. Lawrence River watershed basin;
c. improved scientific understanding of the waters of the
basin;
d. improved understanding of the role of groundwater in
basin water resources management; and
e. the development, transfer, and application of science and
research related to water conservation and water use
efficiency.
ARTICLE 2
ORGANIZATION
Section 2.1. Council created. The Great Lakes_St. Lawrence River Basin water resources council is hereby created as a body politic and corporate, with succession for the duration of the 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 (1) 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 (1) vote on all matters that may come before the council.
2. Unless otherwise stated, the rule of decision shall be by a simple majority.
3. The council shall annually adopt a budget for each fiscal year, and the amount required to balance the budget shall be apportioned equitably among the parties by unanimous vote of the council. The appropriation of such amounts shall be subject to such review and approval as may be required by the budgetary processes of the respective parties.
4. The participation of council members from a majority of the parties shall constitute a quorum for the transaction of business at any meeting of the council.
Section 2.5. Organization and procedure. The council shall provide for its own organization and procedure, and may adopt rules
and regulations governing its meetings and transactions, as well as
the procedures and timeline for submission, review, and
consideration of proposals that come before the council for its review
and action. The council shall organize, annually, by the election of
a chair and vice chair from among its members. Each member may
appoint an adviser, 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 the 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 the 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 agencies;
2. employ any other agency or instrumentality of any of the
parties for any purpose; and
3. develop and adopt plans consistent with the water resources
plans of the parties.
Section 2.7. Jurisdiction. The council shall have, exercise, and
discharge its functions, powers, and duties within the limits of the
basin. Outside the basin, it may act in its discretion, but only to the
extent such action may be necessary or convenient to effectuate or
implement its powers or responsibilities within the basin and subject
to the consent of the jurisdiction wherein it proposes to act.
Section 2.8. Status, immunities, and privileges. The council, its
members, and personnel in their official capacity and when engaged
directly in the affairs of the council, its property, and its assets,
wherever located and by whomsoever held, shall enjoy the same
immunity from suit and every form of judicial process as is enjoyed
by the parties, except to the extent that the council may expressly
waive its immunity for the purposes of any proceedings or by the
terms of any contract.
The property and assets of the council, wherever located and by
whomsoever held, shall be considered public property and shall be
immune from search, requisition, confiscation, expropriation, or any
other form of taking or foreclosure by executive or legislative action.
The council, its property, and its assets, income and the operations
it carries out under the compact shall be immune from all taxation by
or under the authority of any of the parties or any political
subdivision thereof. However, in lieu of property taxes, the council
may make reasonable payments to local taxing districts in annual
amounts that shall approximate the taxes lawfully assessed upon
similar property.
Section 2.9. Advisory committees. The council may constitute and
empower advisory committees, which may be comprised of
representatives of the public and of federal, state, tribal, county, and
local governments, water resources agencies, water using industries
and sectors, water interest groups, and academic experts in related
fields.
ARTICLE 3
GENERAL POWERS AND DUTIES
Section 3.1. General. The waters and water dependent natural resources of the basin are subject to the sovereign right and responsibilities of the parties, and it is the purpose of the 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 the compact. The council and the parties shall use the standard of review and decision and procedures contained in or adopted under the compact as the means to exercise their authority under the 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 the 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:
1. plan;
2. conduct research and collect, compile, analyze, interpret, report, and disseminate data on water resources and uses;
3. forecast water levels;
4. conduct investigations;
5. institute court actions;
6. 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 the compact;
7. make contracts;
8. 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
9. exercise such other and different powers as may be delegated to it by the compact or otherwise under law, and have and exercise all powers necessary or convenient to carry out its express powers or which may be reasonably implied therefrom.
Section 3.3. Rules and regulations.
1. The council may promulgate and enforce such rules and regulations as may be necessary for the implementation and enforcement of the 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 of the
compact. Any rule or regulation of the council, other than one
that 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 the compact and
the programs adopted by such party to carry out the
management programs contemplated by the 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 the 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 (1) year from the
effective date of the compact and thereafter every five (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 the compact and
make findings on whether the water management program
provisions in the compact are being met and, if not, recommend
options to assist the parties in meeting the provisions of the
compact. Such review shall take place:
a. thirty (30) days after the first report is submitted by all
parties;
b. every five (5) years after the effective date of the compact;
and
c. at any other time at the request of one (1) of the parties.
3. As one of its duties and responsibilities, the council may
recommend a range of approaches to the parties with respect to
the development, enhancement, and application of water
management and conservation and efficiency programs to
implement the standard of review and decision reflecting
improved scientific understanding of the waters of the basin,
including groundwater, and the impacts of withdrawals on the
basin ecosystem.
ARTICLE 4
WATER MANAGEMENT AND REGULATION
Section 4.1. Water resources inventory, registration, and reporting.
1. Within five (5) years of the effective date of the 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 (5) years of the effective date of the
compact any person who withdraws water in an amount of one
hundred thousand (100,000) gallons per day or greater average
in any thirty (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:
a. the name and address of the registrant and date of
registration;
b. the locations and sources of the withdrawal or diversion;
c. the capacity of the withdrawal or diversion per day and the
amount withdrawn or diverted from each source;
d. the uses made of the water;
e. places of use and places of discharge; and
f. 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 thirty (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
under 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 of the compact.
6. Information gathered by the parties under 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, basinwide water conservation and efficiency
objectives to assist the parties in developing their water
conservation and efficiency program. These objectives are
based on the goals of:
a. ensuring improvement of the waters and water dependent
natural resources;
b. protecting and restoring the hydrologic and ecosystem
integrity of the basin;
c. retaining the quantity of surface water and groundwater in
the basin;
d. ensuring sustainable use of waters of the basin; and
e. promoting the efficiency of use and reducing losses and
waste of water.
2. Within two (2) years of the effective date of the compact,
each party shall develop its own water conservation and
efficiency goals and objectives consistent with the basinwide
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 (5) years after the effective date of the
compact, and every five (5) years thereafter, the council, in
cooperation with the provinces, shall review and modify as
appropriate the basinwide 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 (2) years of the effective date of the compact, the
parties commit to promote environmentally sound and
economically feasible water conservation measures such as:
a. measures that promote efficient use of water;
b. identification and sharing of best management practices
and state of the art conservation and efficiency technologies;
c. application of sound planning principles;
d. demand-side and supply-side measures or incentives; and
e. development, transfer, and application of science and
research.
5. Each party shall implement in accordance with paragraph 2
above a voluntary or mandatory water conservation program for
all, including existing basin water users. Conservation programs
need to adjust to new demands and the potential impacts of
cumulative effects and climate.
Section 4.3. Party powers and duties.
1. Each party, within its jurisdiction, shall manage and regulate
new or increased withdrawals, consumptive uses, and
diversions, including exceptions, in accordance with the
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 the 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 the 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, under the 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 the 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 the compact
shall hereafter be undertaken by any person unless it shall have been
approved by the originating party.
Section 4.5. Regional review.
1. General.
a. It is the intention of the parties to participate in regional
review of proposals with the provinces, as described in the
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 ninety (90) days after notice under
paragraph 2 of this section 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.
2. 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.
3. Public participation.
a. To ensure adequate public participation, the regional body
shall adopt procedures for the review of proposals that are
subject to regional review in accordance with this article of
the compact.
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.
4. Technical review.
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 the
member's 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 sixty (60) days after
the date the notice of the proposal was given to the regional
body.
5. Declaration of finding.
a. The regional body shall meet to consider a proposal. The
applicant shall be provided with an opportunity to present
the proposal to the regional body at such time.
b. The regional body, having considered the notice, the
originating party's technical review, any other independent
technical review that is made, any comments or objections
including the analysis of comments made by the public, First
Nations and federally recognized tribes, and any other
information that is provided under the compact shall issue a
declaration of finding that the proposal under consideration:
i. meets the standard of review and decision;
ii. does not meet the standard of review and decision; or
iii. would meet the standard of review and decision if
certain conditions were met.
c. An originating party may decline to participate in a
declaration of finding made by the regional body.
d. The parties recognize and affirm that it is preferable for
all members of the regional body to agree whether the
proposal meets the standard of review and decision.
e. If the members of the regional body who participate in the
declaration of finding all agree, they shall issue a written
declaration of finding with consensus.
f. In the event that the members cannot agree, the regional
body shall make every reasonable effort to achieve
consensus within twenty-five (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 (5) years after the effective date
of the compact, the originating party shall provide all parties
and the provinces with detailed and timely notice and an
opportunity to comment within ninety (90) days on any
proposal for a new or increased consumptive use of five million
(5,000,000) gallons per day or greater average in any ninety
(90) day period. Comments shall address whether or not the
proposal is consistent with the standard of review and decision.
The originating party shall provide a response to any such
comment received from another party.
2. A party may provide notice, an opportunity to comment, and
a response to comments even if this is not required under
paragraph 1 of this section. Any provision of such notice and
opportunity to comment shall be undertaken only after
consulting the applicant.
Section 4.7. Council actions.
1. 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 the compact and the standard of review and
decision. The council shall not take action on a proposal subject
to regional review under the 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 of the compact.
Section 4.9. Exceptions to the prohibition of diversions.
1. Straddling communities. A proposal to transfer water to an
area within a straddling community but outside the basin or
outside the source Great Lake watershed shall be excepted from
the prohibition against diversions and be managed and regulated
by the originating party provided that, regardless of the volume
of water transferred, all the water so transferred shall be used
solely for public water supply purposes within the straddling
community, and:
a. all water withdrawn from the basin shall be returned,
either naturally or after use, to the source watershed less an
allowance for consumptive use. No surface water or
groundwater from outside the basin may be used to satisfy
any portion of this criterion except if it:
i. is part of a water supply or wastewater treatment system
that combines water from inside and outside of the basin;
ii. is treated to meet applicable water quality discharge
standards and to prevent the introduction of invasive
species into the basin; and
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 one hundred thousand (100,000) gallons per day or
greater average over any ninety (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 five million (5,000,000) gallons per day or greater
average over any ninety (90) day period, the proposal shall
also undergo regional review.
2. Intra-basin transfer. A proposal for an intra-basin transfer that
would be considered a diversion under the compact, and not
already excepted under paragraph 1 of this section, shall be
excepted from the prohibition against diversions, provided that:
a. If the proposal results from a new or increased withdrawal
less than one hundred thousand (100,000) gallons per day
average over any ninety (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
of one hundred thousand (100,000) gallons per day or
greater average over any ninety (90) day period and if the
consumptive use resulting from the withdrawal is less than
five million (5,000,000) gallons per day average over any
ninety (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 five million (5,000,000) gallons per day or greater
average over any ninety (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 (1) or more council
members vote to disapprove.
3. Straddling counties. A proposal to transfer water to a
community within a straddling county that would be considered
a diversion under the compact shall be excepted from the
prohibition against diversions, provided that it satisfies all of
the following conditions:
a. The water shall be used solely for the public water supply
purposes of the community within a straddling county that
is without adequate supplies of potable water.
b. The proposal meets the exception standard, maximizing
the portion of water returned to the source watershed as
basin water and minimizing the surface water or
groundwater from outside the basin.
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.
g. The proposal is approved by the council. Council approval
shall be given unless one (1) or more council members vote
to disapprove.
A proposal must satisfy all of the conditions listed above.
Further, substantive consideration will also be given to whether
or not the proposal can provide sufficient scientifically based
evidence that the existing water supply is derived from
groundwater that is hydrologically interconnected to waters of
the basin.
4. Exception standard. Proposals subject to management and
regulation in this section shall be declared to meet this
exception standard and may be approved as appropriate only
when the following criteria are met:
a. The need for all or part of the proposed exception cannot
be reasonably avoided through the efficient use and
conservation of existing water supplies.
b. The exception will be limited to quantities that are
considered reasonable for the purposes for which it is
proposed.
c. All water withdrawn shall be returned, either naturally or
after use, to the source watershed less an allowance for
consumptive use. No surface water or groundwater from
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 the basin; and
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.
g. All other applicable criteria in this section have also been
met.
Section 4.10. Management and regulation of new or increased
withdrawals and consumptive uses.
1. Within five (5) years of the effective date of the 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
paragraph 1 of this section any time before ten (10) years after
the effective date of the compact shall apply a threshold level
for management and regulation of all new or increased
withdrawals of one hundred thousand (100,000) gallons per day
or greater average in any ninety (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 decision making standard.
Section 4.11. Decision making standard. Proposals subject to
management and regulation in section 4.10 shall be declared to meet
this decision making standard and may be approved as appropriate
only when the following criteria are met:
1. All water withdrawn shall be returned, either naturally or
after use, to the source watershed less an allowance for
consumptive use.
2. The withdrawal or consumptive use will be implemented so
as to ensure that the proposal will result in no significant
individual or cumulative adverse impacts to the quantity or
quality of the waters and water dependent natural resources and
the applicable source watershed.
3. The withdrawal or consumptive use will be implemented so
as to incorporate environmentally sound and economically
feasible water conservation measures.
4. The withdrawal or consumptive use will be implemented so
as to ensure that it is in compliance with all applicable
municipal, state, and federal laws as well as regional interstate
and international agreements, including the Boundary Waters
Treaty of 1909.
5. The proposed use is reasonable, based upon a consideration
of the following factors:
a. Whether the proposed withdrawal or consumptive use is
planned in a fashion that provides for efficient use of the
water, and will avoid or minimize the waste of water.
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 an