CHAPTER 13. GREAT LAKES BASIN COMPACT

IC 14-25-13
    Chapter 13. Great Lakes Basin Compact

IC 14-25-13-1
"Basin" defined
    Sec. 1. As used in this chapter, "Basin" refers to the Great LakesBasin.
As added by P.L.1-1995, SEC.18.

IC 14-25-13-2
"Commission" defined
    Sec. 2. As used in this chapter, "Commission" refers to the GreatLakes Commission.
As added by P.L.1-1995, SEC.18.

IC 14-25-13-3
"State" defined
    Sec. 3. As used in this chapter, "state" includes a province ofCanada.
As added by P.L.1-1995, SEC.18.

IC 14-25-13-4
Great Lakes Basin Compact
    Sec. 4. The Great Lakes Basin Compact is ratified, enacted intolaw, and entered into by Indiana as a party thereto with any otherstate or province which, pursuant to Article 2 of the compact, haslegally joined therein in the form substantially as follows:

Article 1.

    The purposes of this compact are, through means of joint orcooperative action, the following:
        (1) To promote the orderly, integrated, and comprehensivedevelopment, use, and conservation of the water resources ofthe Great Lakes Basin.
        (2) To plan for the welfare and development of the waterresources of the Basin as a whole as well as for those portionsof the Basin which may have problems of special concern.
        (3) To make it possible for the states of the Basin and theirpeople to derive the maximum benefit from utilization of publicworks, in the form of navigational aids or otherwise, which mayexist or which may be constructed from time to time.
        (4) To advise in securing and maintaining a proper balanceamong industrial, commercial, agricultural, water supply,residential, recreational, and other legitimate uses of the waterresources of the Basin.
        (5) To establish and maintain an intergovernmental agency tothe end that the purposes of this compact may be accomplishedmore effectively.

Article 2.

    (a) This compact shall enter into force and become effective andbinding when the compact has been enacted by the legislatures of

any four of the States of Illinois, Indiana, Michigan, Minnesota, NewYork, Ohio, Pennsylvania, and Wisconsin and thereafter shall enterinto force and become effective and binding as to any other of thestates when enacted by the legislature of the other state.
    (b) The Province of Ontario and the Province of Quebec, or eitherof them, may become states party to this compact by taking suchaction as their laws and the laws of the Government of Canada mayprescribe for adherence thereto.

Article 3.

    The Great Lakes Commission created by Article 4 of this compactshall exercise the Commission's powers and perform theCommission's functions in respect to the Basin which, for thepurposes of this compact, shall consist of so much of the followingas may be within the party states:
        (1) Lakes Erie, Huron, Michigan, Ontario, St. Clair, Superior,and the St. Lawrence River, together with any and all natural orman-made water interconnections between or among them.
        (2) All rivers, ponds, lakes, streams, and other watercourseswhich, in their natural state or in their prevailing condition, aretributary to Lakes Erie, Huron, Michigan, Ontario, St. Clair, andSuperior or any of them or which comprise part of anywatershed draining into any of the lakes.

Article 4.

    (a) There is created an agency of the party states to be known asThe Great Lakes Commission. In that name the Commission may sueand be sued and acquire, hold, and convey real and personal propertyand any interest therein. The Commission shall have a seal with thewords "The Great Lakes Commission" and such other design as theCommission may prescribe engraved thereon by which theCommission shall authenticate the Commission's proceedings.Transactions involving real or personal property shall conform to thelaws of the state in which the property is located, and theCommission may by bylaws provide for the execution andacknowledgment of all instruments in the Commission's behalf.
    (b) The Commission shall be composed of not less than three (3)commissioners nor more than five (5) commissioners from each partystate designated or appointed in accordance with the law of the statewhich they represent and serving and subject to removal inaccordance with such law.
    (c) Each state delegation shall be entitled to three (3) votes in theCommission. The presence of commissioners from a majority of theparty states shall constitute a quorum for the transaction of businessat any meeting of the Commission. Actions of the Commission shallbe by a majority of the votes cast, except that any recommendationsmade pursuant to Article 6 of this compact shall require anaffirmative vote of not less than a majority of the votes cast fromeach of a majority of the states present and voting.
    (d) The commissioners of any two (2) or more party states maymeet separately to consider problems of particular interest to theirstates but no action taken at any such meeting shall be deemed an

action of the Commission unless and until the Commission shallspecifically approve the action.
    (e) In the absence of any commissioner, the commissioner's votemay be cast by another representative or commissioner of thecommissioner's state provided that the commissioner or otherrepresentative casting the vote shall have a written proxy in properform as may be required by the Commission.
    (f) The Commission shall elect annually from among theCommission's members a chairman and vice chairman. TheCommission shall appoint an Executive Director who shall also actas secretary-treasurer and who shall be bonded in such amount as theCommission may require. The Executive Director shall serve at thepleasure of the Commission and at such compensation and undersuch terms and conditions as may be fixed by the Commission. TheExecutive Director shall be custodian of the records of theCommission with authority to affix the Commission's official sealand to attest to and certify such records or copies of the Commission.
    (g) The Executive Director, subject to the approval of theCommission in such cases as the Commission's bylaws may provide,shall appoint and remove or discharge such personnel as may benecessary for the performance of the Commission's functions.Subject to the approval, the Executive Director may fix thecompensation, define the duties, and require bonds of such of thepersonnel as the Commission may designate.
    (h) The Executive Director, on behalf of, as trustee for, and withthe approval of the Commission, may do the following:
        (1) Borrow, accept, or contract for the services of personnelfrom:
            (A) any state or government or any subdivision or agency ofa state or government;
            (B) any intergovernmental agency; or
            (C) any institution, person, firm, limited liability company,or corporation.
        (2) Accept, receive, and utilize for any of the Commission'spurposes and functions under this compact any and alldonations, gifts, and grants of money, equipment, supplies,materials, and services from any state or government or anysubdivision or agency of a state or government orintergovernmental agency or from any institution, person, firm,limited liability company, or corporation.
    (i) The Commission may establish and maintain one (1) or moreoffices for the transacting of the Commission's business and for suchpurposes the Executive Director, on behalf of, as trustee for, and withthe approval of the Commission, may acquire, hold, and dispose ofreal and personal property necessary to the performance of theCommission's functions.
    (j) No tax levied or imposed by any party state or any politicalsubdivisions of a party state shall be deemed to apply to property,transactions, or income of the Commission.
    (k) The Commission may adopt, amend, and rescind bylaws,

rules, and regulations for the conduct of the Commission's businessand may adopt an official seal.
    (l) The organization meeting of the Commission shall be heldwithin six months from the effective date of this compact.
    (m) The Commission and the Executive Director shall makeavailable to the party states any information within the Commission'spossession and shall always provide free access to the Commission'srecords by duly authorized representatives of such party states.
    (n) The Commission shall keep a written record of theCommission's meetings and proceedings and shall annually make areport of the meetings and proceedings to be submitted to the dulydesignated official of each party state.
    (o) The Commission shall make and transmit annually to thelegislature and Governor of each party state a report covering theactivities of the Commission for the preceding year and embodyingsuch recommendations as may have been adopted by theCommission. The Commission may issue such additional reports asthe Commission may deem desirable.

Article 5.

    (a) The members of the Commission shall serve withoutcompensation, but the expenses of each commissioner shall be metby the state which the Commissioner represents in accordance withthe law of that state. All other expenses incurred by the Commissionin the course of exercising the powers conferred upon theCommission by this compact, unless met in some other mannerspecifically provided by this compact, shall be paid by theCommission out of the Commission's own funds.
    (b) The Commission shall submit to the executive head ordesignated officer of each party state a budget of the Commission'sestimated expenditures for such period as may be required by thelaws of that state for presentation to the legislature of the state.
    (c) Each of the Commission's budgets of estimated expendituresshall contain specific recommendations of the amount or amounts tobe appropriated by each of the party states. Detailed Commissionbudgets shall be recommended by a majority of the votes cast, andthe costs shall be allocated equitably among the party states inaccordance with the respective interests of the party states.
    (d) The Commission shall not pledge the credit of any party state.The Commission may meet any of the Commission's obligations inwhole or in part with funds available to the Commission underArticle 4(h) of this compact, provided that the Commission takesspecific action setting aside such funds prior to the incurring of anyobligations to be met in whole or in part in this manner. Exceptwhere the Commission makes use of funds available to theCommission under Article 4(h) of this compact, the Commissionshall not incur any obligations prior to the allotment of funds by theparty states adequate to meet the same.
    (e) The Commission shall keep accurate accounts of all receiptsand disbursements. The receipts and disbursements of theCommission shall be subject to the audit and accounting procedures

established under the bylaws. However, all receipts anddisbursements of funds handled by the Commission shall be auditedyearly by a qualified public accountant and the report of the auditshall be included in and become a part of the annual report of theCommission.
    (f) The accounts of the Commission shall be open at anyreasonable time for inspection by such agency, representative, orrepresentatives of the party states as may be duly constituted for thatpurpose and by others who may be authorized by the Commission.

Article 6.

    The Commission shall have power to do the following:
        (1) Collect, correlate, interpret, and report on data relating tothe water resources and the use of the water resources in theBasin or any portion of the Basin.
        (2) Recommend methods for the orderly, efficient, and balanceddevelopment, use, and conservation of the water resources ofthe Basin or any portion of the Basin to the party states and toany other governments or agencies having interests in orjurisdiction over the Basin or any portion of the Basin.
        (3) Consider the need for and desirability of public works andimprovements relating to the water resources in the Basin orany portion of the Basin.
        (4) Consider means of improving navigation and port facilitiesin the Basin or any portion of the Basin.
        (5) Consider means of improving and maintaining the fisheriesof the Basin or any portion of the Basin.
        (6) Recommend policies relating to water resources, includingthe institution and alteration of flood plain and other zoninglaws, ordinances, and regulations.
        (7) Recommend uniform or other laws, ordinances, orregulations relating to the development, use, and conservationof the Basin's water resources to the party states or any of theparty states and to other governments, political subdivisions,agencies, or intergovernmental bodies having interests in orjurisdiction sufficient to affect conditions in the Basin or anyportion of the Basin.
        (8) Consider and recommend amendments or agreementssupplementary to this compact to the party states or any of theparty states and assist in the formulation and drafting of suchamendments or supplementary agreements.
        (9) Prepare and publish reports, bulletins, and publicationsappropriate to this work and fix reasonable sale prices for thereports, bulletins, and publications.
        (10) With respect to the water resources of the Basin or anyportion of the Basin, recommend agreements between thegovernments of the United States and Canada.
        (11) Recommend mutual arrangements expressed by concurrentor reciprocal legislation on the part of Congress and theParliament of Canada, including but not limited to suchagreements and mutual arrangements as are provided for by

Article 13 of the Treaty of 1909 Relating to Boundary Watersand Questions Arising Between the United States and Canada.(Treaty Series, No. 548).
        (12) Cooperate with the governments of the United States,Canada, and the party states and any public or private agenciesor bodies having interest in or jurisdiction sufficient to affectthe Basin or any portion of the Basin.
        (13) At the request of the United States, or in the event that aProvince shall be a party state, at the request of the Governmentof Canada, assist in the negotiation and formulation of anytreaty or other mutual arrangement or agreement between theUnited States and Canada with reference to the Basin or anyportion of the Basin.
        (14) Make any recommendation and do all things necessary andproper to carry out the powers conferred upon the Commissionby this compact, provided that no action of the Commissionshall have the force of law in or be binding upon any party state.

Article 7.

    Each party state agrees to consider the action the Commissionrecommends in respect to the following:
        (1) Stabilization of lake levels.
        (2) Measures for combating pollution, beach erosion, floods,and short inundation.
        (3) Uniformity in navigation regulations within theconstitutional powers of the states.
        (4) Proposed navigation aids and improvements.
        (5) Uniformity or effective coordinating action in fishing lawsand regulations and cooperative action to eradicate destructiveand parasitical forces endangering the fisheries, wildlife, andother water resources.
        (6) Suitable hydroelectric power developments.
        (7) Cooperative programs for control of soil and bank erosionfor the general improvement of the Basin.
        (8) Diversion of waters from and into the Basin.
        (9) Other measures the Commission may recommend to thestate pursuant to Article 6 of this compact.

Article 8.

    This compact shall continue in force and remain binding uponeach party state until renounced by act of the legislature of suchstate, in such form and manner as the state may choose and as maybe valid and effective to repeal a statute of the state, provided thatsuch renunciation shall not become effective until six (6) monthsafter notice of such action shall have been officially communicatedin writing to the executive head of the other party states.

Article 9.

    (a) It is intended that the provisions of this compact shall bereasonably and liberally construed to effectuate the purposes of thiscompact. The provisions of this compact shall be severable. If:
        (1) any phrase, clause, sentence, or provision of this compact isdeclared to be contrary to the constitution of any party state or

of the United States, or in the case of a Province, to the BritishNorth American Act of 1867 as amended; or
        (2) the applicability of this compact to any state, agency,person, or circumstance is held invalid;
the constitutionality of the remainder of this compact and theapplicability of this compact to any state, agency, person, orcircumstance shall not be affected.
    (b) If this compact shall be held contrary to the constitution of theUnited States, or in the case of a Province, to the British NorthAmerican Act of 1867, as amended, or of any party state, thecompact shall remain in full force and effect as to the remainingstates and in full force and effect as to the state affected as to allseverable matters.
As added by P.L.1-1995, SEC.18.

IC 14-25-13-5
Commissioners
    Sec. 5. In pursuance of Article 4 of the compact, there are five (5)commissioners on the Commission from Indiana. Each commissionerhas all the powers conferred on a commissioner by the compact orwhich are necessary or incidental to the performance of thecommissioner's functions as such a commissioner. The governorshall appoint the members of the Commission for terms of four (4)years. The governor shall fill by appointment any vacanciesoccurring in the office of a commissioner for any reason or cause forthe unexpired term.
As added by P.L.1-1995, SEC.18.

IC 14-25-13-6
Duties of state officers, bureaus, and departments
    Sec. 6. (a) All officers of this state shall do all things fallingwithin the respective jurisdiction of the officers necessary to orincidental to the carrying out of the compact in every particularbecause it is the policy of Indiana to perform and carry out thecompact and to accomplish the purposes of the compact.
    (b) All officers, bureaus, departments, and persons of and in thestate government or administration of this state shall, at reasonabletimes and upon request of the Commission, do the following:
        (1) Furnish the Commission with information and datapossessed by all or any of the officers, bureaus, departments,and persons.
        (2) Aid the Commission by loan of personnel or other meanslying within the legal powers of the officers, bureaus,departments, and persons.
As added by P.L.1-1995, SEC.18.

IC 14-25-13-7
Submission of budget
    Sec. 7. The budget of the estimated expenditures of theCommission shall be submitted to the budget committee for the

period and in the form that is required by the committee.
As added by P.L.1-1995, SEC.18.

IC 14-25-13-8
Governor to transmit copies to parties
    Sec. 8. The governor shall transmit an authenticated copy of thischapter and the compact contained in this chapter to each jurisdictionparty to the compact.
As added by P.L.1-1995, SEC.18.

IC 14-25-13-9
Administrative duties; rights and obligations not affected
    Sec. 9. (a) The department of natural resources shall provideadministrative and staff services for the commissioners from Indianaon the Commission as provided by this chapter.
    (b) The deputy director for the bureau of water and resourceregulation shall, without additional compensation, serve as technicalsecretary to the Commission in Indiana. The deputy director shallhandle the correspondence, make or arrange for the investigationsand surveys, and obtain, assemble, or prepare the reports and datathat the commissioners direct and authorize.
    (c) This section does not do any of the following:
        (1) Alter or affect the obligations of all officers of this stateunder section 6 of this chapter.
        (2) Alter the manner in which the commissioners from Indianaon the Commission are appointed.
        (3) Alter any of the jurisdiction, authority, rights, powers,property, duties, responsibilities, causes of action, or defensevested on June 30, 1965, in or required of the following:
            (A) The Commission.
            (B) The commissioners from Indiana on the Commission.
As added by P.L.1-1995, SEC.18. Amended by P.L.1-2006, SEC.217.