GREAT LAKES - ST. LAWRENCE RIVER BASIN WATER RESOURCES COMPACT
                  Act of Jul. 4, 2008, P.L. 526, No. 43               Cl. 71
                                  AN ACT

     Authorizing the Commonwealth of Pennsylvania to join the Great
        Lakes-St. Lawrence River Basin Water Resources Compact;
        providing for the form of the compact; imposing additional
        powers and duties on the Governor, the Secretary of the
        Commonwealth, the Department of Environmental Protection, the
        Environmental Quality Board and the Great Lakes-St. Lawrence
        River Basin Water Resources Compact; and imposing penalties.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

     Section 1.  Short title.
        This act shall be known and may be cited as the Great Lakes-
     St. Lawrence River Basin Water Resources Compact.
                                ARTICLE 1
                  SHORT TITLE, DEFINITIONS, PURPOSES AND
                           DURATION EXPLANATION
     Section 2.  Enactment of compact.
        The Governor of Pennsylvania, on behalf of this State, is
     hereby authorized to execute a compact in substantially the
     following form with any one or more of the states of the United
     States, and the General Assembly hereby signifies in advance its
     approval and ratification of such compact and enacts such
     compact into law:
                 THE GREAT LAKES-ST. LAWRENCE RIVER BASIN
                         WATER RESOURCES COMPACT
                                ARTICLE 1
                  SHORT TITLE, DEFINITIONS, PURPOSES AND
                           DURATION EXPLANATION
        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 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 this
     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-Rivieres, Quebec 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 this compact.
        "Council review" means the collective review by the council
     members as described in Article 4 of this 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" 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.
        "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 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" 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.
        "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 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 alternation of an
     existing withdrawal so that it becomes a diversion.
        "New or increased withdrawal or comsumptive 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 this compact.
        "Person" 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.
        "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 (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.
        "Proposal" means a withdrawal, diversion or consumptive use
     of water that is subject to this compact.
        "Province" means Ontario or Quebec.
        "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 Quebec or their designee as established
     by the agreement.
        "Regional review" means the collective review by the regional
     body as described in Article 4 of this 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 or 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.
        "State" means one 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 this compact is partly
     within the basin or partly within two Great Lakes watersheds.
        "Technical review" 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.
        "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 this 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 a Great Lake and
     St. Lawrence River watershed basis;
        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 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 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
     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 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.
        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
     any contract.
        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 legislative action.
        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 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 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 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 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 or 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 five 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
     parties; and
        B.  every five years after the effective date of this
     compact; and
        C.  at any other time at the request of one 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 REGULATIONS
        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 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 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 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
     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.
        1. General.
        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.
        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.
        B.  The regional body shall provide notice to the public of
     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 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.
        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 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 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 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 five 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 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 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.
        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;
        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 five million gallons per day or greater average over any
     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 this
     compact, and not already excepted pursuant to 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 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 five 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 five 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.
        3.  Straddling counties. 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 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; 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.
        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 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 or 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 also
     been met.
        Section 4.10.  Management and regulation of new or increased
                    withdrawals and consumptive uses.
        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 ten 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 decision-making
     standard.
        Section 4.11.  Decision-making standard.
        Proposals subject to management and regulations 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 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
     nonconsumptive 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.
        1.  Minimum standard.  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 standards of review and decision, it may not be
     approved under the laws of the originating party that has
     implemented more restrictive measures.
        2.  Baseline.  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.
        3.  Timing of additional applications.  Applications for new
     or increased withdrawals, consumptive uses or exceptions shall
     be considered cumulatively within ten years of any application.
        4.  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.
        5.  Groundwater.  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.
        6.  Withdrawal systems.  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.
        7.  Connecting channels.  The watershed of each Great Lake
     shall include its upstream and downstream connecting channels.
        8.  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.
        9.  Hydrologic units.  The Lake Michigan and Lake Huron
     watersheds shall be considered to be a single hydrologic unit
     and watershed.
        10.  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 noncommercial 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 Wisconsin 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 Quebec, 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
     provisions of section 4.2.
        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 five years or each time
     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 the proposal meets the no significant
     adverse cumulative impact provision of the standard of review
     and decision.
                                ARTICLE 5
                           TRIBAL CONSULTATION
        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 ongoing 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.
                                ARTICLE 6
                           PUBLIC PARTICIPATION
        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 personnel.
        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(s) or hearing(s) for an application,
     time and place of such a meeting or hearing, 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.
                                ARTICLE 7
                    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 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
     the 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 if:
        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 unless:
        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.
                                ARTICLE 8
                          ADDITIONAL PROVISIONS
        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 Federal
     or state 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 in 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 States.
        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 America.
        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 become effective.
        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 continued unimpaired.
                                ARTICLE 9
                               EFFECTUATION
        Section 9.1.  Repealer.
        All acts and parts of acts inconsistent with this act are to
     the extent of such inconsistency hereby repealed.
        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 hereunder.
        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 United States 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
     (Month), (Year).
                                ARTICLE 2
                               ORGANIZATION
     Section 3.  Implementation of compact.
        The compact shall be effectuated and implemented in
     Pennsylvania in accordance with sections 4, 5, 6, 7, 8, 9 and 10
     of this act, when the compact is ratified and becomes binding
     and effective pursuant to section 9.4 of the compact.
                                ARTICLE 3
                        GENERAL POWERS AND DUTIES
     Section 4.  Additional definitions.
        (a)  General rule.--All words and phrases used in this act
     which are defined in section 1.1 of the compact shall have the
     meanings set forth in the compact.
        (b)  Definitions.--The following words and phrases when used
     in this act shall have the meanings given to them in this
     section unless the context clearly indicates otherwise:
        "Confidential information."  The term as defined in 27
     Pa.C.S. § 3102 (relating to definitions).
        "Department."  The Department of Environmental Protection of
     the Commonwealth.
        "Environmental Hearing Board."  The board established
     pursuant to the act of July 13, 1988 (P.L.530, No.94), known as
     the Environmental Hearing Board Act.
        "Environmental Hearing Board Act."  The act of July 13, 1988
     (P.L.530, No.94), known as the Environmental Hearing Board Act.
        "Environmental Quality Board."  The board established
     pursuant to section 1920-A of the act of April 9, 1929 (P.L.177,
     No.175), known as The Administrative Code of 1929.
        "Safe Drinking Water Act."  The act of May 1, 1984 (P.L.206,
     No.43), known as the Pennsylvania Safe Drinking Water Act.
        "Water Rights Law."  The act of June 24, 1939 (P.L.842,
     No.365), referred to as the Water Rights Law.
                                ARTICLE 4
                     WATER MANAGEMENT AND REGULATIONS
     Section 5.  Powers and duties of department.
        The department shall have the power and duty to implement and
     enforce the compact and to carry out the functions, powers and
     duties contained in the compact which are assigned to
     Pennsylvania as a party to the compact, consistent with
     regulations adopted by the Environmental Quality Board and the
     provisions of this act. The department shall have the power and
     duty to:
            (1)  Administer and implement the programs for water
        resources inventory, registration and reporting required
        under section 4.1 of the compact, through the water use
        registration and reporting program and regulations
        established pursuant to 27 Pa.C.S. § 3118 (relating to water
        use registration and reporting) and section 6 of this act.
            (2)  Administer and implement within the basin a water
        conservation and efficiency program required under section
        4.2 of the compact. Such program shall be a voluntary
        program, utilizing the provisions of 27 Pa.C.S. § 3120
        (relating to water conservation).
            (3)  Review and act upon proposals for new or increased
        water withdrawals, consumptive uses or diversions and, if
        approved, specify reasonable terms and conditions thereof. In
        assessing the impacts of a withdrawal or consumptive use
        proposal under the decision-making standard in section
        4.11(2) of the compact, the department shall consider the
        impacts to the waters and water-dependent natural resources
        of the basin as a whole and the applicable source watershed
        to be either the watershed of Lake Erie or Lake Ontario, as a
        whole, whichever is the watershed from which water is
        proposed to be withdrawn.
            (4)  Conduct inspections and enforce the provisions of
        the compact and this act.
                                ARTICLE 5
                           TRIBAL CONSULTATION
     Section 6.  Powers and duties of Environmental Quality Board.
        The Environmental Quality Board shall have the power and duty
     to adopt regulations as reasonably necessary to implement and
     enforce the compact and the management programs required by the
     compact and this act. Such regulations may include rules
     establishing:
            (1)  Criteria and procedures for review and approval of
        proposals for water withdrawals, consumptive uses or
        diversions consistent with the standard of review and
        decision set forth in the compact. For purposes of section
        4.10 of the compact, the threshold for management and
        regulation shall be as follows:
                (i)  any new or increased withdrawal from the basin
            in an amount that equals or exceeds 100,000 gallons per
            day averaged over any 90-day period;
                (ii)  any new or increased consumptive use of water
            withdrawn from the basin in an amount which equals or
            exceeds 5,000,000 gallons per day averaged over any 90-
            day period; or
                (iii)  any new or increased diversion of water from
            the basin.
            (2)  Criteria and procedures for establishing the
        baseline amount of existing withdrawals, consumptive uses and
        diversions, consistent with section 8 of this act.
            (3)  Reasonable fees for processing of applications for
        proposals subject to review and approval by the department.
        Such fees shall bear a reasonable relationship to the actual
        cost of administering the program.
     The Environmental Quality Board shall not adopt rules to
     implement any mandatory program governing water conservation and
     efficiency pursuant to section 4.2 of the compact, unless the
     General Assembly enacts legislation specifically authorizing the
     adoption of such regulations or implementation of a mandatory
     program.
                                ARTICLE 6
                           PUBLIC PARTICIPATION
     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(s) or hearing(s) for an application,
     time and place of such a meeting or hearing, 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.
     Section 7.  Process for amendment of standard of review and
                    decision.
        (a)  Substantive amendments.--No regulation adopted by the
     council pursuant to section 3.1 of the compact which revises the
     standard of review and decision as set forth in the compact
     shall be deemed duly adopted in accordance with the statutory
     authorities and applicable procedures of this Commonwealth
     unless such regulation is approved by enactment of the General
     Assembly.
        (b)  Exceptions.--Subsection (a) shall not apply to a
     regulation adopted pursuant to section 3.3 of the compact which
     interprets, explains or provides for administration of the
     standard of review and decision as set forth in the compact but
     does not substantively revise the standard of review and
     decision.
        (c)  Prior notification to General Assembly.--The
     Commonwealth's representative to the council shall provide prior
     notice to and consultation with the chairman and minority
     chairman of the Environmental Resources and Energy Committee of
     the Senate and the chairman and minority chairman of the
     Environmental Resources and Energy Committee of the House of
     Representatives and the members of the General Assembly
     representing the affected districts regarding any proposed
     revision by the council to the standard of review and decision.
     Such notice and consultation shall occur within 30 days of the
     issuance of the proposed revision by the council.
                                ARTICLE 7
                    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 8.  Baseline for determining new or increased
                    withdrawals, consumptive uses or diversions.
        (a)  Basis for determining baseline.--The baseline amount of
     existing withdrawals, consumptive uses or diversions shall be
     the larger of either of the following:
            (1)  the applicable withdrawal limitation specified in a
        permit issued under the Water Rights Law or the Safe Drinking
        Water Act; or
            (2)  the physical capacity of the existing systems,
        considering withdrawal capacity, treatment capacity,
        distribution capacity or other capacity-limiting factors.
        (b)  Process.--The department shall prepare a proposed
     listing of baseline amounts and provide notice of such proposed
     list to the public and to the owner and operator of each
     affected facility. The notice shall provide at least 30 days for
     public comment. After consideration of such comments, the
     department shall provide written notice of the final list to the
     owner and operator of each affected facility and to the public.
     An action of the department determining a baseline amount
     adversely affecting a person shall be subject to appeal to the
     Environmental Hearing Board in accordance with the provisions of
     the Environmental Hearing Board Act. Based upon the final
     resolution of any such appeal, the department shall submit to
     the regional body and council a revised list, if required, to
     reflect the baseline amount determined pursuant to such appeal.
                                ARTICLE 8
                          ADDITIONAL PROVISIONS
     Section 9.  Confidential information.
        Information required to be submitted to the department or any
     other Commonwealth agency pursuant to the compact shall be
     subject to the provisions of 27 Pa.C.S. § 3119 (relating to
     confidential information). Pursuant to section 8.3 of the
     compact, the department and any other Commonwealth agency
     distributing information to the council or other parties shall
     take such measures, including, but not limited to, deletion and
     redaction, deemed necessary to protect confidential information.
                                ARTICLE 9
                               EFFECTUATION
     Section 10.  Civil penalties.
        For purposes of implementing section 7.3.2.A of the compact,
     upon a complaint brought by the department, the council or any
     party to the compact, the Environmental Hearing Board or any
     court of competent jurisdiction may assess a civil penalty upon
     any person who violates the compact or this act. The maximum
     civil penalty that may be assessed is $5,000 per day for each
     violation. Each violation of any provision of the compact or
     this act, and each violation for each separate day, shall
     constitute a separate offense. In determining the amount of a
     civil penalty, the Environmental Hearing Board or court shall
     consider the degree of willfulness or negligence, the duration
     of the violation, savings resulting to the person as the result
     of the violation, damage to the water resources or water-related
     natural resources resulting from the violation, cooperation by
     the alleged violator in correcting any violations or related
     impacts and other relevant factors.
     Section 11.  Effective date.
        This act shall take effect immediately.