CHAPTER 15. GREAT LAKES_ST. LAWRENCE RIVER BASIN WATER RESOURCES COMPACT
IC 14-25-15
Chapter 15. Great Lakes_St. Lawrence River Basin WaterResources Compact
IC 14-25-15-1
Agreement for the compact
Sec. 1. The following interstate agreement on the use of waterresources in the Great Lakes_St. Lawrence River basin is enactedinto law and entered into by this state with all other states legallyjoining the interstate agreement in substantially the following form:
AGREEMENT
Section 1. The states of Illinois, Indiana, Michigan, Minnesota,New York, Ohio, and Wisconsin, and the Commonwealth ofPennsylvania hereby solemnly covenant and agree with each other,upon enactment of concurrent legislation by the respective statelegislatures and consent by the Congress of the United States asfollows:
GREAT LAKES_ST. LAWRENCE RIVER BASIN WATER
RESOURCES COMPACTARTICLE 1
SHORT TITLE, DEFINITIONS, PURPOSES AND DURATION
Section 1.1. Short title. This act shall be known and may be citedas the "Great Lakes_St. Lawrence River Basin Water ResourcesCompact".
Section 1.2. Definitions. For the purposes of the compact, and ofany supplemental or concurring legislation enacted under thecompact, except as may be otherwise required by the context:
"Adaptive management" means a water resources managementsystem that provides a systematic process for evaluation, monitoring,and learning from the outcomes of operational programs andadjustment of policies, plans, and programs based on experience andthe evolution of scientific knowledge concerning water resources andwater dependent natural resources.
"Agreement" means the Great Lakes_St. Lawrence River BasinSustainable Water Resources Agreement.
"Applicant" means a person who is required to submit a proposalthat is subject to management and regulation under the compact."Application" has a corresponding meaning.
"Basin" or "Great Lakes_St. Lawrence River basin" means thewatershed of the Great Lakes and the St. Lawrence River upstreamfrom Trois-Rivières, Québec, within the jurisdiction of the parties.
"Basin ecosystem" or "Great Lakes_St. Lawrence River basinecosystem" means the interacting components of air, land, water, andliving organisms, including humankind, within the basin.
"Community within a straddling county" means any incorporatedcity, town, or the equivalent thereof, that is located outside the basinbut wholly within a county that lies partly within the basin and thatis 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 thebasin due to evaporation, incorporation into products, or otherprocesses.
"Council" means the Great Lakes_St. Lawrence River basinwater resources council, created by the compact.
"Council review" means the collective review by the councilmembers as described in article 4 of the compact.
"County" means the largest territorial division for localgovernment in a state. The county boundaries shall be defined asthose boundaries that exist as of December 13, 2005.
"Cumulative impacts" means the impact on the basin ecosystemthat results from incremental effects of all aspects of a withdrawal,diversion, or consumptive use in addition to other past, present, andreasonably foreseeable future withdrawals, diversions, andconsumptive uses regardless of who undertakes the otherwithdrawals, diversions, and consumptive uses. Cumulative impactscan result from individually minor but collectively significantwithdrawals, diversions, and consumptive uses taking place over aperiod of time.
"Decision making standard" means the decision making standardestablished by section 4.11 for proposals subject to management andregulation in section 4.10.
"Diversion" means a transfer of water from the basin into anotherwatershed, or from the watershed of one (1) of the Great Lakes intothat of another by any means of transfer, including but not limited toa pipeline, canal, tunnel, aqueduct, channel, modification of thedirection of a water course, a tanker ship, tanker truck, or rail tankerbut does not apply to water that is used in the basin or a Great Lakewatershed to manufacture or produce a product that is thentransferred out of the basin or watershed. "Divert" has acorresponding meaning.
"Environmentally sound and economically feasible waterconservation measures" means those measures, methods,technologies, or practices for efficient water use and for reduction ofwater 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 ananalysis that considers direct and avoided economic andenvironmental costs; and
(v) consider the particular facilities and processes involved,taking into account the environmental impact, age of equipmentand facilities involved, processes employed, energy impacts,and other appropriate factors.
"Exception" means a transfer of water that is excepted undersection 4.9 from the prohibition against diversions in section 4.8.
"Exception standard" means the standard for exceptionsestablished in section 4.9.4. "Intra-basin transfer" means the transfer of water from thewatershed of one (1) of the Great Lakes into the watershed of anotherGreat Lake.
"Measures" means any legislation, law, regulation, directive,requirement, guideline, program, policy, administrative practice, orother procedure.
"New or increased diversion" means a new diversion, an increasein an existing diversion, or the alteration of an existing withdrawalso that it becomes a diversion.
"New or increased withdrawal or consumptive use" means a newwithdrawal or consumptive use or an increase in an existingwithdrawal or consumptive use.
"Originating party" means the party within whose jurisdiction anapplication or registration is made or required.
"Party" means a state party to the compact.
"Person" means a human being or a legal person, including agovernment or a nongovernmental organization, including anyscientific, professional, business, nonprofit, or public interestorganization or association that is neither affiliated with, nor underthe direction of, a government.
"Product" means something produced in the basin by human ormechanical effort or through agricultural processes and used inmanufacturing, commercial, or other processes or intended forintermediate or end use consumers.
(i) Water used as part of the packaging of a product shall beconsidered 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 ofthe basin is not a product or part of a product.
(iii) Except as provided in item (i), water that is transferred aspart of a public or private supply is not a product or part of aproduct.
(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 ofwater that is subject to the compact.
"Province" means Ontario or Québec.
"Public water supply purposes" means water distributed to thepublic through a physically connected system of treatment, storage,and distribution facilities serving a group of largely residentialcustomers that may also serve industrial, commercial, and otherinstitutional operators. Water withdrawn directly from the basin andnot through such a system shall not be considered to be used forpublic water supply purposes.
"Regional body" means the members of the council and thepremiers of Ontario and Québec or their designee as established bythe agreement.
"Regional review" means the collective review by the regionalbody as described in article 4 of the compact.
"Source watershed" means the watershed from which a
withdrawal originates. If water is withdrawn directly from a GreatLake or from the St. Lawrence River, then the source watershed shallbe considered to be the watershed of that Great Lake or thewatershed of the St. Lawrence River, respectively. If water iswithdrawn from the watershed of a stream that is a direct tributary toa Great Lake or a direct tributary to the St. Lawrence River, then thesource watershed shall be considered to be the watershed of thatGreat Lake or the watershed of the St. Lawrence River, respectively,with a preference to the direct tributary stream watershed from whichit was withdrawn.
"Standard of review and decision" means the exception standard,decision making standard, and reviews as outlined in article 4 of thecompact.
"State" means one (1) of the states of Illinois, Indiana, Michigan,Minnesota, New York, Ohio, or Wisconsin, or the Commonwealthof Pennsylvania.
"Straddling community" means any incorporated city, town, or theequivalent thereof, wholly within any county that lies partly orcompletely within the basin, whose corporate boundary existing asof the effective date of the compact, is partly within the basin orpartly within two (2) Great Lakes watersheds.
"Technical review" means a detailed review conducted todetermine whether or not a proposal that requires regional reviewunder the compact meets the standard of review and decisionfollowing procedures and guidelines as set out in the compact.
"Water" means ground or surface water contained within thebasin.
"Water dependent natural resources" means the interactingcomponents of land, water, and living organisms affected by thewaters of the basin.
"Waters of the basin" or "basin water" means the Great Lakes andall streams, rivers, lakes, connecting channels, and other bodies ofwater, including tributary groundwater, within the basin.
"Withdrawal" means the taking of water from surface water orgroundwater. "Withdraw" has a corresponding meaning.
Section 1.3. Findings and purposes. The legislative bodies of therespective parties hereby find and declare:
1. Findings:
a. the waters of the basin are precious public naturalresources shared and held in trust by the states;
b. the waters of the basin are interconnected and part of asingle hydrologic system;
c. the waters of the basin can concurrently serve multipleuses. Such multiple uses include municipal, public,industrial, commercial, agriculture, mining, navigation,energy development and production, recreation, thesubsistence, economic and cultural activities of nativepeoples, water quality maintenance, and the maintenance offish 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 waterresources have the potential to significantly impact theenvironment, economy, and welfare of the Great Lakes_St.Lawrence River region;
e. continued sustainable, accessible, and adequate watersupplies for the people and economy of the basin are of vitalimportance; and
f. the parties have a shared duty to protect, conserve, restore,improve, and manage the renewable but finite waters of thebasin for the use, benefit, and enjoyment of all their citizens,including generations yet to come. The most effective meansof protecting, conserving, restoring, improving, andmanaging the basin waters is through the joint pursuit ofunified and cooperative principles, policies, and programsmutually agreed upon, enacted, and adhered to by all parties.
2. Purposes:
a. to act together to protect, conserve, restore, improve, andeffectively manage the waters and water dependent naturalresources of the basin under appropriate arrangements forintergovernmental cooperation and consultation becausecurrent lack of full scientific certainty should not be used asa reason for postponing measures to protect the basinecosystem;
b. to remove causes of present and future controversies;
c. to provide for cooperative planning and action by theparties with respect to such water resources;
d. to facilitate consistent approaches to water managementacross the basin while retaining state management authorityover water management decisions within the basin;
e. to facilitate the exchange of data, strengthen the scientificinformation base upon which decisions are made, andengage in consultation on the potential effects of proposedwithdrawals and losses on the waters and water dependentnatural resources of the basin;
f. to prevent significant adverse impacts of withdrawals andlosses on the basin's ecosystems and watersheds;
g. to promote interstate and state-provincial comity; and
h. to promote an adaptive management approach to theconservation and management of basin water resources,which recognizes, considers, and provides adjustments forthe uncertainties in, and evolution of, scientific knowledgeconcerning the basin's waters and water dependent naturalresources.
Section 1.4. Science.
1. The parties commit to provide leadership for the developmentof a collaborative strategy with other regional partners tostrengthen the scientific basis for sound water managementdecision making under the compact.
2. The strategy shall guide the collection and application of
scientific information to support:
a. an improved understanding of the individual andcumulative impacts of withdrawals from various locationsand water sources on the basin ecosystem and to develop amechanism by which impacts of withdrawals may beassessed;
b. the periodic assessment of cumulative impacts ofwithdrawals, diversions, and consumptive uses on the GreatLakes and St. Lawrence River watershed basin;
c. improved scientific understanding of the waters of thebasin;
d. improved understanding of the role of groundwater inbasin water resources management; and
e. the development, transfer, and application of science andresearch related to water conservation and water useefficiency.
ARTICLE 2
ORGANIZATION
Section 2.1. Council created. The Great Lakes_St. LawrenceRiver Basin water resources council is hereby created as a bodypolitic and corporate, with succession for the duration of thecompact, as an agency and instrumentality of the governments of therespective parties.
Section 2.2. Council membership. The council shall consist of thegovernors of the parties, ex officio.
Section 2.3. Alternates. Each member of the council shall appointat least one (1) alternate who may act in his or her place and stead,with authority to attend all meetings of the council and with powerto vote in the absence of the member. Unless otherwise provided bylaw of the party for which he or she is appointed, each alternate shallserve during the term of the member appointing him or her, subjectto removal at the pleasure of the member. In the event of a vacancyin the office of alternate, it shall be filled in the same manner as anoriginal appointment for the unexpired term only.
Section 2.4. Voting.
1. Each member is entitled to one (1) vote on all matters thatmay come before the council.
2. Unless otherwise stated, the rule of decision shall be by asimple majority.
3. The council shall annually adopt a budget for each fiscalyear, and the amount required to balance the budget shall beapportioned equitably among the parties by unanimous vote ofthe council. The appropriation of such amounts shall be subjectto such review and approval as may be required by thebudgetary processes of the respective parties.
4. The participation of council members from a majority of theparties shall constitute a quorum for the transaction of businessat any meeting of the council.
Section 2.5. Organization and procedure. The council shallprovide for its own organization and procedure, and may adopt rules
and regulations governing its meetings and transactions, as well asthe procedures and timeline for submission, review, andconsideration of proposals that come before the council for its reviewand action. The council shall organize, annually, by the election ofa chair and vice chair from among its members. Each member mayappoint an adviser, who may attend all meetings of the council andits committees, but shall not have voting power. The council mayemploy or appoint professional and administrative personnel,including an executive director, as it may deem advisable, to carryout the purposes of the compact.
Section 2.6. Use of existing offices and agencies. It is the policyof the parties to preserve and utilize the functions, powers, and dutiesof existing offices and agencies of government to the extentconsistent with the compact. Further, the council shall promote andaid the coordination of the activities and programs of the partiesconcerned with water resources management in the basin. To thisend, but without limitation, the council may:
1. advise, consult, contract, assist, or otherwise cooperate withany and all such agencies;
2. employ any other agency or instrumentality of any of theparties for any purpose; and
3. develop and adopt plans consistent with the water resourcesplans of the parties.
Section 2.7. Jurisdiction. The council shall have, exercise, anddischarge its functions, powers, and duties within the limits of thebasin. Outside the basin, it may act in its discretion, but only to theextent such action may be necessary or convenient to effectuate orimplement its powers or responsibilities within the basin and subjectto the consent of the jurisdiction wherein it proposes to act.
Section 2.8. Status, immunities, and privileges. The council, itsmembers, and personnel in their official capacity and when engageddirectly in the affairs of the council, its property, and its assets,wherever located and by whomsoever held, shall enjoy the sameimmunity from suit and every form of judicial process as is enjoyedby the parties, except to the extent that the council may expresslywaive its immunity for the purposes of any proceedings or by theterms of any contract.
The property and assets of the council, wherever located and bywhomsoever held, shall be considered public property and shall beimmune from search, requisition, confiscation, expropriation, or anyother form of taking or foreclosure by executive or legislative action.
The council, its property, and its assets, income and the operationsit carries out under the compact shall be immune from all taxation byor under the authority of any of the parties or any politicalsubdivision thereof. However, in lieu of property taxes, the councilmay make reasonable payments to local taxing districts in annualamounts that shall approximate the taxes lawfully assessed uponsimilar property.
Section 2.9. Advisory committees. The council may constitute andempower advisory committees, which may be comprised of
representatives of the public and of federal, state, tribal, county, andlocal governments, water resources agencies, water using industriesand sectors, water interest groups, and academic experts in relatedfields.
ARTICLE 3
GENERAL POWERS AND DUTIES
Section 3.1. General. The waters and water dependent naturalresources of the basin are subject to the sovereign right andresponsibilities of the parties, and it is the purpose of the compact toprovide for joint exercise of such powers of sovereignty by thecouncil in the common interests of the people of the region, in themanner and to the extent provided in the compact. The council andthe parties shall use the standard of review and decision andprocedures contained in or adopted under the compact as the meansto exercise their authority under the compact.
The council may revise the standard of review and decision, afterconsultation with the provinces and upon unanimous vote of allcouncil members, by regulation duly adopted in accordance withsection 3.3 of the compact and in accordance with each party'srespective statutory authorities and applicable procedures.
The council shall identify priorities and develop plans andpolicies relating to basin water resources. It shall adopt and promoteuniform and coordinated policies for water resources conservationand management in the basin.
Section 3.2. Council powers. The council may:
1. plan;
2. conduct research and collect, compile, analyze, interpret,report, and disseminate data on water resources and uses;
3. forecast water levels;
4. conduct investigations;
5. institute court actions;
6. design, acquire, construct, reconstruct, own, operate,maintain, control, sell, and convey real and personal propertyand any interest therein as it may deem necessary, useful orconvenient to carry out the purposes of the compact;
7. make contracts;
8. receive and accept such payments, appropriations, grants,gifts, loans, advances, and other funds, properties, and servicesas may be transferred or made available to it by any party or byany other public or private agency, corporation, or individual;and
9. exercise such other and different powers as may be delegatedto it by the compact or otherwise under law, and have andexercise all powers necessary or convenient to carry out itsexpress powers or which may be reasonably implied therefrom.
Section 3.3. Rules and regulations.
1. The council may promulgate and enforce such rules andregulations as may be necessary for the implementation andenforcement of the compact. The council may adopt byregulation, after public notice and public hearing, reasonable
application fees with respect to those proposals for exceptionsthat are subject to council review under section 4.9 of thecompact. Any rule or regulation of the council, other than onethat deals solely with the internal management of the council orits property, shall be adopted only after public notice andhearing.
2. Each party, in accordance with its respective statutoryauthorities and applicable procedures, may adopt and enforcerules and regulations to implement and enforce the compact andthe programs adopted by such party to carry out themanagement programs contemplated by the compact.
Section 3.4. Program review and findings.
1. Each party shall submit a report to the council and theregional body detailing its water management and conservationand efficiency programs that implement the compact. The reportshall set out the manner in which water withdrawals aremanaged by sector, water source, quantity, or any other means,and how the provisions of the standard of review and decisionand conservation and efficiency programs are implemented. Thefirst report shall be provided by each party one (1) year from theeffective date of the compact and thereafter every five (5) years.
2. The council, in cooperation with the provinces, shall reviewits water management and conservation and efficiency programsand those of the parties that are established in the compact andmake findings on whether the water management programprovisions in the compact are being met and, if not, recommendoptions to assist the parties in meeting the provisions of thecompact. Such review shall take place:
a. thirty (30) days after the first report is submitted by allparties;
b. every five (5) years after the effective date of the compact;and
c. at any other time at the request of one (1) of the parties.
3. As one of its duties and responsibilities, the council mayrecommend a range of approaches to the parties with respect tothe development, enhancement, and application of watermanagement and conservation and efficiency programs toimplement the standard of review and decision reflectingimproved scientific understanding of the waters of the basin,including groundwater, and the impacts of withdrawals on thebasin ecosystem.
ARTICLE 4
WATER MANAGEMENT AND REGULATION
Section 4.1. Water resources inventory, registration, andreporting.
1. Within five (5) years of the effective date of the compact,each party shall develop and maintain a water resourcesinventory for the collection, interpretation, storage, retrievalexchange, and dissemination of information concerning thewater resources of the party, including, but not limited to,
information on the location, type, quantity, and use of thoseresources and the location, type, and quantity of withdrawals,diversions, and consumptive uses. To the extent feasible, thewater resources inventory shall be developed in cooperationwith local, state, federal, tribal, and other private agencies andentities, as well as the council. Each party's agencies shallcooperate with that party in the development and maintenanceof the inventory.
2. The council shall assist each party to develop a common baseof data regarding the management of the water resources of thebasin and to establish systematic arrangements for the exchangeof those data with other states and provinces.
3. To develop and maintain a compatible base of water useinformation, within five (5) years of the effective date of thecompact any person who withdraws water in an amount of onehundred thousand (100,000) gallons per day or greater averagein any thirty (30) day period (including consumptive uses) fromall sources, or diverts water of any amount, shall register thewithdrawal or diversion by a date set by the council unless theperson has previously registered in accordance with an existingstate program. The person shall register the withdrawal ordiversion with the originating party using a form prescribed bythe originating party that shall include, at a minimum andwithout limitation:
a. the name and address of the registrant and date ofregistration;
b. the locations and sources of the withdrawal or diversion;
c. the capacity of the withdrawal or diversion per day and theamount withdrawn or diverted from each source;
d. the uses made of the water;
e. places of use and places of discharge; and
f. such other information as the originating party mayrequire.
All registrations shall include an estimate of the volume of thewithdrawal or diversion in terms of gallons per day average inany thirty (30) day period.
4. All registrants shall annually report the monthly volumes ofthe withdrawal, consumptive use, and diversion in gallons to theoriginating party and any other information requested by theoriginating party.
5. Each party shall annually report the information gatheredunder this section to a Great Lakes_St. Lawrence River wateruse data base repository, and aggregated information shall bemade publicly available, consistent with the confidentialityrequirements in section 8.3 of the compact.
6. Information gathered by the parties under this section shall beused to improve the sources and applications of scientificinformation regarding the waters of the basin and the impactsof the withdrawals and diversions from various locations andwater sources on the basin ecosystem, and to better understand
the role of groundwater in the basin. The council and the partiesshall coordinate the collection and application of scientificinformation to further develop a mechanism by whichindividual and cumulative impacts of withdrawals, consumptiveuses, and diversions shall be assessed.
Section 4.2. Water conservation and efficiency programs.
1. The council commits to identify, in cooperation with theprovinces, basinwide water conservation and efficiencyobjectives to assist the parties in developing their waterconservation and efficiency program. These objectives arebased on the goals of:
a. ensuring improvement of the waters and water dependentnatural resources;
b. protecting and restoring the hydrologic and ecosystemintegrity of the basin;
c. retaining the quantity of surface water and groundwater inthe basin;
d. ensuring sustainable use of waters of the basin; and
e. promoting the efficiency of use and reducing losses andwaste of water.
2. Within two (2) years of the effective date of the compact,each party shall develop its own water conservation andefficiency goals and objectives consistent with the basinwidegoals and objectives, and shall develop and implement a waterconservation and efficiency program, either voluntary ormandatory, within its jurisdiction based on the party's goals andobjectives. Each party shall annually assess its programs inmeeting the party's goals and objectives, report to the counciland the regional body and make this annual assessmentavailable to the public.
3. Beginning five (5) years after the effective date of thecompact, and every five (5) years thereafter, the council, incooperation with the provinces, shall review and modify asappropriate the basinwide objectives, and the parties shall haveregard for any such modifications in implementing theirprograms. This assessment will be based on examining newtechnologies, new patterns of water use, new resource demandsand threats, and cumulative impact assessment under section4.15.
4. Within two (2) years of the effective date of the compact, theparties commit to promote environmentally sound andeconomically feasible water conservation measures such as:
a. measures that promote efficient use of water;
b. identification and sharing of best management practicesand 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 andresearch.
5. Each party shall implement in accordance with paragraph 2
above a voluntary or mandatory water conservation program forall, including existing basin water users. Conservation programsneed to adjust to new demands and the potential impacts ofcumulative effects and climate.
Section 4.3. Party powers and duties.
1. Each party, within its jurisdiction, shall manage and regulatenew or increased withdrawals, consumptive uses, anddiversions, including exceptions, in accordance with thecompact.
2. Each party shall require an applicant to submit an applicationin such manner and with such accompanying information as theparty shall prescribe.
3. No party may approve a proposal if the party determines thatthe proposal is inconsistent with the compact or the standard ofreview and decision or any implementing rules or regulationspromulgated thereunder. The party may approve, approve withmodifications, or disapprove any proposal depending on theproposal's consistency with the compact and the standard ofreview and decision.
4. Each party shall monitor the implementation of any approvedproposal to ensure consistency with the approval and may takeall necessary enforcement actions.
5. No party shall approve a proposal subject to council orregional review, or both, under the compact unless it shall havebeen first submitted to and reviewed by either the council orregional body, or both, and approved by the council, asapplicable. Sufficient opportunity shall be provided forcomment on the proposal's consistency with the compact andthe standard of review and decision. All such comments shallbecome part of the party's formal record of decision, and theparty shall take into consideration any such comments received.
Section 4.4. Requirement for originating party approval. Noproposal subject to management and regulation under the compactshall hereafter be undertaken by any person unless it shall have beenapproved by the originating party.
Section 4.5. Regional review.
1. General.
a. It is the intention of the parties to participate in regionalreview of proposals with the provinces, as described in thecompact and the agreement.
b. Unless the applicant or the originating party otherwiserequests, it shall be the goal of the regional body to concludeits review no later than ninety (90) days after notice underparagraph 2 of this section of such proposal is received fromthe originating party.
c. Proposals for exceptions subject to regional review shallbe submitted by the originating party to the regional body forregional review and, where applicable, to the council forconcurrent review.
d. The parties agree that the protection of the integrity of the
Great Lakes_St. Lawrence River basin ecosystem shall bethe overarching principle for reviewing proposals subject toregional review, recognizing uncertainties with respect todemands that may be placed on basin water, includinggroundwater, 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 whichdiversions may harm the integrity of the basin ecosystem.
e. The originating party shall have lead responsibility forcoordinating information for resolution of issues related toevaluation of a proposal, and shall consult with the applicantthroughout the regional review process.
f. A majority of the members of the regional body mayrequest regional review of a regionally significant orpotentially precedent setting proposal. Such regional reviewmust be conducted, to the extent possible, within the timeframes set forth in this section. Any such regional reviewshall 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 issubject to regional review. If so, the originating party shallprovide timely notice to the regional body and the public.
b. Such notice shall not be given unless and until allinformation, documents, and the originating party's technicalreview needed to evaluate whether the proposal meets thestandard 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 ifregional review is not required. Any such regional reviewshall be undertaken only after consulting the applicant.
d. An originating party may provide preliminary notice of apotential proposal.
3. Public participation.
a. To ensure adequate public participation, the regional bodyshall adopt procedures for the review of proposals that aresubject to regional review in accordance with this article ofthe compact.
b. The regional body shall provide notice to the public of aproposal undergoing regional review. Such notice shallindicate that the public has an opportunity to comment inwriting to the regional body on whether the proposal meetsthe standard of review and decision.
c. The regional body shall hold a public meeting in the stateor province of the originating party in order to receive publiccomment on the issue of whether the proposal underconsideration meets the standard of review and decision.
d. The regional body shall consider the comments receivedbefore issuing a declaration of finding. e. The regional body shall forward the comments it receivesto the originating party.
4. Technical review.
a. The originating party shall provide the regional body withits technical review of the proposal under consideration.
b. The originating party's technical review shall thoroughlyanalyze the proposal and provide an evaluation of theproposal sufficient for a determination of whether theproposal meets the standard of review and decision.
c. Any member of the regional body may conduct themember's own technical review of any proposal subject toregional review.
d. At the request of the majority of its members, the regionalbody shall make such arrangements as it considersappropriate for an independent technical review of aproposal.
e. All parties shall exercise their best efforts to ensure that atechnical review undertaken under sections 4.5.4.c and4.5.4.d does not unnecessarily delay the decision by theoriginating party on the application. Unless the applicant orthe originating party otherwise requests, all technicalreviews shall be completed no later than sixty (60) days afterthe date the notice of the proposal was given to the regionalbody.
5. Declaration of finding.
a. The regional body shall meet to consider a proposal. Theapplicant shall be provided with an opportunity to presentthe proposal to the regional body at such time.
b. The regional body, having considered the notice, theoriginating party's technical review, any other independenttechnical review that is made, any comments or objectionsincluding the analysis of comments made by the public, FirstNations and federally recognized tribes, and any otherinformation that is provided under the compact shall issue adeclaration 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 ifcertain conditions were met.
c. An originating party may decline to participate in adeclaration of finding made by the regional body.
d. The parties recognize and affirm that it is preferable forall members of the regional body to agree whether theproposal meets the standard of review and decision.
e. If the members of the regional body who participate in thedeclaration of finding all agree, they shall issue a writtendeclaration of finding with consensus.
f. In the event that the members cannot agree, the regionalbody shall make every reasonable effort to achieveconsensus within twenty-five (25) days. g. Should consensus not be achieved, the regional body mayissue a declaration of finding that presents different pointsof view and indicates each party's conclusions.
h. The regional body shall release the declarations of findingto the public.
i. The originating party and the council shall consider thedeclaration of finding before making a decision on theproposal.
Section 4.6. Proposals subject to prior notice.
1. Beginning no later than five (5) years after the effective dateof the compact, the originating party shall provide all partiesand the provinces with detailed and timely notice and anopportunity to comment within ninety (90) days on anyproposal for a new or increased consumptive use of five million(5,000,000) gallons per day or greater average in any ninety(90) day period. Comments shall address whether or not theproposal is consistent with the standard of review and decision.The originating party shall provide a response to any suchcomment received from another party.
2. A party may provide notice, an opportunity to comment, anda response to comments even if this is not required underparagraph 1 of this section. Any provision of such notice andopportunity to comment shall be undertaken only afterconsulting the applicant.
Section 4.7. Council actions.
1. Proposals for exceptions subject to council review shall besubmitted by the originating party to the council for councilreview and, where applicable, to the regional body forconcurrent review.
2. The council shall review and take action on proposals inaccordance with the compact and the standard of review anddecision. The council shall not take action on a proposal subjectto regional review under the compact unless the proposal shallhave been first submitted to and reviewed by the regional body.The council shall consider any findings resulting from suchreview.
Section 4.8. Prohibition of new or increased diversions. All newor increased diversions are prohibited, except as provided for in thisarticle of the compact.
Section 4.9. Exceptions to the prohibition of diversions.
1. Straddling communities. A proposal to transfer water to anarea within a straddling community but outside the basin oroutside the source Great Lake watershed shall be excepted fromthe prohibition against diversions and be managed and regulatedby the originating party provided that, regardless of the volumeof water transferred, all the water so transferred shall be usedsolely for public water supply purposes within the straddlingcommunity, 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 orgroundwater from outside the basin may be used to satisfyany portion of this criterion except if it:
i. is part of a water supply or wastewater treatment systemthat combines water from inside and outside of the basin;
ii. is treated to meet applicable water quality dischargestandards and to prevent the introduction of invasivespecies into the basin; and
iii. maximizes the portion of water returned to the sourcewatershed as basin water and minimizes the surface wateror groundwater from outside the basin;
b. if the proposal results from a new or increased withdrawalof one hundred thousand (100,000) gallons per day orgreater average over any ninety (90) day period, the proposalshall also meet the exception standard; and
c. if the proposal results in a new or increased consumptiveuse of five million (5,000,000) gallons per day or greateraverage over any ninety (90) day period, the proposal shallalso undergo regional review.
2. Intra-basin transfer. A proposal for an intra-basin transfer thatwould be considered a diversion under the compact, and notalready excepted under paragraph 1 of this section, shall beexcepted from the prohibition against diversions, provided that:
a. If the proposal results from a new or increased withdrawalless than one hundred thousand (100,000) gallons per dayaverage over any ninety (90) day period, the proposal shallbe subject to management and regulation at the discretion ofthe originating party.
b. If the proposal results from a new or increased withdrawalof one hundred thousand (100,000) gallons per day orgreater average over any ninety (90) day period and if theconsumptive use resulting from the withdrawal is less thanfive million (5,000,000) gallons per day average over anyninety (90) day period:
i. the proposal shall meet the exception standard and besubject to management and regulation by the originatingparty, except that the water may be returned to anotherGreat Lake watershed rather than the source watershed;
ii. the applicant shall demonstrate that there is no feasible,cost effective, and environmentally sound water supplyalternative within the Great Lake watershed to which thewater will be transferred, including conservation ofexisting water supplies; and
iii. the originating party shall provide notice to the otherparties prior to making any decision with respect to theproposal.
c. If the proposal results in a new or increased consumptiveuse of five million (5,000,000) gallons per day or greateraverage over any ninety (90) day period:
i. the proposal shall be subject to management and
regulation by the originating party and shall meet theexception standard, ensuring that water withdrawn shall bereturned to the source watershed;
ii. the applicant shall demonstrate that there is no feasible,cost effective, and environmentally sound water supplyalternative within the Great Lake watershed to which thewater will be transferred, including conservation ofexisting water supplies;
iii. the proposal undergoes regional review; and
iv. the proposal is approved by the council. Councilapproval shall be given unless one (1) or more councilmembers vote to disapprove.
3. Straddling counties. A proposal to transfer water to acommunity within a straddling county that would be considereda diversion under the compact shall be excepted from theprohibition against diversions, provided that it satisfies all ofthe following conditions:
a. The water shall be used solely for the public water supplypurposes of the community within a straddling county thatis without adequate supplies of potable water.
b. The proposal meets the exception standard, maximizingthe portion of water returned to the source watershed asbasin water and minimizing the surface water orgroundwater from outside the basin.
c. The proposal shall be subject to management andregulation by the originating party, regardless of its size.
d. There is no reasonable water supply alternative within thebasin in which the community is located, includingconservation of existing water supplies.
e. Caution shall be used in determining whether or not theproposal meets the conditions for this exception. Thisexception should not be authorized unless it can be shownthat it will not endanger the integrity of the basin ecosystem.
f. The proposal undergoes regional review.
g. The proposal is approved by the council. Council approvalshall be given unless one (1) or more council members voteto disapprove.
A proposal must satisfy all of the conditions listed above.Further, substantive consideration will also be given to whetheror not the proposal can provide sufficient scientifically basedevidence that the existing water supply is derived fromgroundwater that is hydrologically interconnected to waters ofthe basin.
4. Exception standard. Proposals subject to management andregulation in this section shall be declared to meet thisexception standard and may be approved as appropriate onlywhen the following criteria are met:
a. The need for all or part of the proposed exception cannotbe reasonably avoided through the efficient use andconservation of existing water supplies. b. The exception will be limited to quantities that areconsidered reasonable for the purposes for which it isproposed.
c. All water withdrawn shall be returned, either naturally orafter use, to the source watershed less an allowance forconsumptive use. No surface water or groundwater fromoutside the basin may be used to satisfy any portion of thiscriterion except if it:
i. is part of a water supply or wastewater treatment systemthat combines water from inside and outside the basin; and
ii. is treated to meet applicable water quality dischargestandards and to prevent the introduction of invasivespecies into the basin.
d. The exception will be implemented so as to ensure that itwill result in no significant individual or cumulative adverseimpacts to the quantity or quality of the waters and waterdependent natural resources of the basin with considerationgiven to the potential cumulative impacts of any precedentsetting consequences associated with the proposal.
e. The exception will be implemented so as to incorporateenvironmentally sound and economically feasible waterconservation measures to minimize water withdrawals orconsumptive use.
f. The exception will be implemented so as to ensure that itis in compliance with all applicable municipal, state, andfederal laws as well as regional interstate and internationalagreements, including the Boundary Waters Treaty of 1909.
g. All other applicable criteria in this section have also beenmet.
Section 4.10. Management and regulation of new or increasedwithdrawals and consumptive uses.
1. Within five (5) years of the effective date of the compact,each party shall create a program for the management andregulation of new or increased withdrawals and consumptiveuses by adopting and implementing measures consistent withthe decision making standard. Each party, through a consideredprocess, shall set and may modify threshold levels for theregulation of new or increased withdrawals in order to assure aneffective and efficient water management program that willensure that uses overall are reasonable, that withdrawals overallwill not result in significant impacts to the waters and waterdependent natural resources of the basin determined on thebasis of significant impacts to the physical, chemical, andbiological integrity of source watersheds, and that all otherobjectives of the compact are achieved. Each party maydetermine the scope and thresholds of its program, includingwhich new or increased withdrawals and consumptive uses willbe subject to the program.
2. Any party that fails to set threshold levels that comply withparagraph 1 of this section any time before ten (10) years after
the effective date of the compact shall apply a threshold levelfor management and regulation of all new or increasedwithdrawals of one hundred thousand (100,000) gallons per dayor greater average in any ninety (90) day period.
3. The parties intend programs for new or increasedwithdrawals and consumptive uses to evolve as may benecessary to protect basin waters. Pursuant to section 3.4, thecouncil, in cooperation with the provinces, shall periodicallyassess the water management programs of the parties. Suchassessments may produce recommendations for thestrengthening of the programs, including without limitation,establishing lower thresholds for management and regulation inaccordance with the decision making standard.
Section 4.11. Decision making standard. Proposals subject tomanagement and regulation in section 4.10 shall be declared to meetthis decision making standard and may be approved as appropriateonly when the following criteria are met:
1. All water withdrawn shall be returned, either naturally orafter use, to the source watershed less an allowance forconsumptive use.
2. The withdrawal or consumptive use will be implemented soas to ensure that the proposal will result in no significantindividual or cumulative adverse impacts to the quantity orquality of the waters and water dependent natural resources andthe applicable source watershed.
3. The withdrawal or consumptive use will be implemented soas to incorporate environmentally sound and economicallyfeasible water conservation measures.
4. The withdrawal or consumptive use will be implemented soas to ensure that it is in compliance with all applicablemunicipal, state, and federal laws as well as regional interstateand international agreements, including the Boundary WatersTreaty of 1909.
5. The proposed use is reasonable, based upon a considerationof the following factors:
a. Whether the proposed withdrawal or consumptive use isplanned in a fashion that provides for efficient use of thewater, and will avoid or minimize the waste of water.
b. If the proposal is for an increased withdrawal orconsumptive use, whether efficient use is made of existingwater supplies.
c. The balance between economic development, socialdevelopment, and environmental protection of the proposedwithdrawal and use an