SB1,56,2218
(j)
Bulk water transfer. A proposal to withdraw water and to remove it from the
19basin in any container greater than 5.7 gallons shall be treated under this compact
20in the same manner as a proposal for a diversion. Each party shall have the
21discretion, within its jurisdiction, to determine the treatment of proposals to
22withdraw water and to remove it from the basin in any container of 5.7 gallons or less.
SB1,56,24
23(4v) Water management and regulation; exemptions. Withdrawals from the
24basin for the following purposes are exempt from the requirements of subs. (4) to (4z):
SB1,57,3
1(a) To supply vehicles, including vessels and aircraft, whether for the needs of
2the persons or animals being transported or for ballast or other needs related to the
3operation of the vehicles.
SB1,57,54
(b) To use in a noncommercial project on a short-term basis for fire fighting,
5humanitarian, or emergency response purposes.
SB1,57,16
6(4x) Water management and regulation; U.S. Supreme Court decree in
7Wisconsin et al. v. Illinois et al. (a) Notwithstanding any terms of this compact to
8the contrary, with the exception of par. (e), current, new, or increased withdrawals,
9consumptive uses, and diversions of basin water by the state of Illinois shall be
10governed by the terms of the United States Supreme Court decree in
Wisconsin et al.
11v. Illinois et al. and shall not be subject to the terms of this compact nor any rules or
12regulations promulgated pursuant to this compact. This means that, with the
13exception of par. (e), for purposes of this compact, current, new, or increased
14withdrawals, consumptive uses, and diversions of basin water within the state of
15Illinois shall be allowed unless prohibited by the terms of the United States Supreme
16Court decree in
Wisconsin et al. v. Illinois et al.
SB1,58,617
(b) The parties acknowledge that the United States Supreme Court decree in
18Wisconsin et al. v. Illinois et al. shall continue in full force and effect, that this
19compact shall not modify any terms thereof, and that this compact shall grant the
20parties no additional rights, obligations, remedies, or defenses thereto. The parties
21specifically acknowledge that this compact shall not prohibit or limit the state of
22Illinois in any manner from seeking additional basin water as allowed under the
23terms of the United States Supreme Court decree in
Wisconsin et al. v. Illinois et al.,
24any other party from objecting to any request by the state of Illinois for additional
25basin water under the terms of said decree, or any party from seeking any other type
1of modification to said decree. If an application is made by any party to the Supreme
2Court of the United States to modify said decree, the parties to this compact who are
3also parties to the decree shall seek formal input from the Canadian Provinces of
4Ontario and Quebec with respect to the proposed modification, shall use best efforts
5to facilitate the appropriate participation of said provinces in the proceedings to
6modify the decree, and shall not unreasonably impede or restrict such participation.
SB1,58,117
(c) With the exception of par. (e), because current, new, or increased
8withdrawals, consumptive uses, and diversions of basin water by the state of Illinois
9are not subject to the terms of this compact, the state of Illinois is prohibited from
10using any term of this compact, including sub. (4n), to seek new or increased
11withdrawals, consumptive uses, or diversions of basin water.
SB1,58,1712
(d) With the exception of par. (e), because subs. (4d), (4f), (4h), (4j), (4L), (4m),
13(4n), (4p), (4r), (4t) (a), (b), (c), (d), (f), and (j), and (4v) all relate to current, new, or
14increased withdrawals, consumptive uses, and diversions of basin waters, said
15provisions do not apply to the state of Illinois. All other provisions of this compact
16not listed in the preceding sentence shall apply to the state of Illinois, including the
17water conservation programs provision of sub. (4b).
SB1,58,2118
(e) In the event of a proposal for a diversion of basin water for use outside the
19territorial boundaries of the parties to this compact, decisions by the state of Illinois
20regarding such a proposal would be subject to all terms of this compact, except pars.
21(a), (c), and (d).
SB1,58,2522
(f) For purposes of the state of Illinois' participation in this compact, the
23entirety of this subsection is necessary for the continued implementation of this
24compact and, if severed, this compact shall no longer be binding on or enforceable by
25or against the state of Illinois.
SB1,59,10
1(4z) Water management and regulation; assessment of cumulative impacts. 2(a) The parties in cooperation with the provinces shall collectively conduct within
3the basin, on a lake watershed and St. Lawrence River basin basis, a periodic
4assessment of the cumulative impacts of withdrawals, diversions, and consumptive
5uses from the waters of the basin, every 5 years or each time the incremental basin
6water losses reach 50,000,000 gallons per day average in any 90-day period in excess
7of the quantity at the time of the most recent assessment, whichever comes first, or
8at the request of one or more of the parties. The assessment shall form the basis for
9a review of the standard of review and decision, council and party regulations, and
10their application. This assessment shall:
SB1,59,1311
1. Utilize the most current and appropriate guidelines for such a review, which
12may include but not be limited to council on environmental quality and environment
13Canada guidelines;
SB1,59,1714
2. Give substantive consideration to climate change or other significant threats
15to basin waters and take into account the current state of scientific knowledge, or
16uncertainty, and appropriate measures to exercise caution in cases of uncertainty if
17serious damage may result; and
SB1,59,2218
3. Consider adaptive management principles and approaches, recognizing,
19considering, and providing adjustments for the uncertainties in, and evolution of,
20science concerning the basin's water resources, watersheds, and ecosystems,
21including potential changes to basin-wide processes, such as lake level cycles and
22climate.
SB1,59,2423
(b) The parties have the responsibility of conducting this cumulative impact
24assessment. Applicants are not required to participate in this assessment.
SB1,60,7
1(c) Unless required by other statutes, applicants are not required to conduct a
2separate cumulative impact assessment in connection with an application but shall
3submit information about the potential impacts of a proposal to the quantity or
4quality of the waters and water dependent natural resources of the applicable source
5watershed. An applicant may, however, provide an analysis of how the applicant's
6proposal meets the no significant adverse cumulative impact provision of the
7standard of review and decision.
SB1,60,13
8(5) Consultation with tribes. (a) In addition to all other opportunities to
9comment pursuant to sub. (6) (b), appropriate consultations shall occur with
10federally recognized tribes in the originating party for all proposals subject to council
11or regional review pursuant to this compact. Such consultations shall be organized
12in the manner suitable to the individual proposal and the laws and policies of the
13originating party.
SB1,60,2214
(b) All federally recognized tribes within the basin shall receive reasonable
15notice indicating that they have an opportunity to comment in writing to the council
16or the regional body, or both, and other relevant organizations on whether the
17proposal meets the requirements of the standard of review and decision when a
18proposal is subject to regional review or council approval. Any notice from the council
19shall inform the tribes of any meeting or hearing that is to be held under sub. (6) (b)
20and invite them to attend. The parties and the council shall consider the comments
21received under this subsection before approving, approving with modifications, or
22disapproving any proposal subject to council or regional review.
SB1,61,723
(c) In addition to the specific consultation mechanisms described above, the
24council shall seek to establish mutually agreed upon mechanisms or processes to
25facilitate dialogue with, and input from, federally recognized tribes on matters to be
1dealt with by the council; and the council shall seek to establish mechanisms and
2processes with federally recognized tribes designed to facilitate ongoing scientific
3and technical interaction and data exchange regarding matters falling within the
4scope of this compact. This may include participation of tribal representatives on
5advisory committees established under this compact or such other processes that are
6mutually agreed upon with federally recognized tribes individually or through duly
7authorized intertribal agencies or bodies.
SB1,61,11
8(6) Public participation. (a)
Meetings, public hearings, and records. 1. The
9parties recognize the importance and necessity of public participation in promoting
10management of the water resources of the basin. Consequently, all meetings of the
11council shall be open to the public, except with respect to issues of personnel.
SB1,61,1312
2. The minutes of the council shall be a public record open to inspection at its
13offices during regular business hours.
SB1,61,1814
(b)
Public participation. It is the intent of the council to conduct public
15participation processes concurrently and jointly with processes undertaken by the
16parties and through regional review. To ensure adequate public participation, each
17party or the council shall ensure procedures for the review of proposals subject to the
18standard of review and decision consistent with the following requirements:
SB1,61,2019
1. Provide public notification of receipt of all applications and a reasonable
20opportunity for the public to submit comments before applications are acted upon.
SB1,61,2221
2. Assure public accessibility to all documents relevant to an application,
22including public comment received.
SB1,61,2523
3. Provide guidance on standards for determining whether to conduct a public
24meeting or hearing for an application, time and place of such a meeting or hearing,
25and procedures for conducting of the same.
SB1,62,2
14. Provide the record of decision for public inspection including comments,
2objections, responses, and approvals, approvals with conditions, and disapprovals.
SB1,62,6
3(7) Dispute resolution and enforcement; good faith implementation. Each
4of the parties pledges to support implementation of all provisions of this compact,
5and covenants that its officers and agencies shall not hinder, impair, or prevent any
6other party carrying out any provision of this compact.
SB1,62,10
7(7g) Dispute resolution and enforcement; alternative dispute resolution. 8(a) Desiring that this compact be carried out in full, the parties agree that disputes
9between the parties regarding interpretation, application, and implementation of
10this compact shall be settled by alternative dispute resolution.
SB1,62,1211
(b) The council, in consultation with the provinces, shall provide by rule
12procedures for the resolution of disputes pursuant to this subsection.
SB1,63,2
13(7r) Dispute resolution and enforcement; enforcement. (a) Any person
14aggrieved by any action taken by the council pursuant to the authorities contained
15in this compact shall be entitled to a hearing before the council. Any person
16aggrieved by a party action shall be entitled to a hearing pursuant to the relevant
17party's administrative procedures and laws. After exhaustion of such
18administrative remedies, any aggrieved person shall have the right to judicial review
19of a council action in the United States district court for the District of Columbia or
20the district court in which the council maintains offices, provided such action is
21commenced within 90 days; and any aggrieved person shall have the right to judicial
22review of a party's action in the relevant party's court of competent jurisdiction,
23provided that an action or proceeding for such review is commenced within the time
24frames provided for by the party's law. For the purposes of this paragraph, a state
1or province is deemed to be an aggrieved person with respect to any party action
2pursuant to this compact.
SB1,63,83
(b) 1. Any party or the council may initiate actions to compel compliance with
4the provisions of this compact, and the rules and regulations promulgated hereunder
5by the council. Jurisdiction over such actions is granted to the court of the relevant
6party, as well as the United States district court for the District of Columbia and the
7district court in which the council maintains offices. The remedies available to any
8such court shall include, but not be limited to, equitable relief and civil penalties.
SB1,63,129
2. Each party may issue orders within its respective jurisdiction and may
10initiate actions to compel compliance with the provisions of its respective statutes
11and regulations adopted to implement the authorities contemplated by this compact
12in accordance with the provisions of the laws adopted in each party's jurisdiction.
SB1,63,1713
(c) 1. Any aggrieved person, party, or the council may commence a civil action
14in the relevant party's courts and administrative systems to compel any person to
15comply with this compact should any such person, without approval having been
16given, undertake a new or increased withdrawal, consumptive use, or diversion that
17is prohibited or subject to approval pursuant to this compact.
SB1,63,1818
2. No action under this paragraph may be commenced if:
SB1,63,2019
a. The originating party or council approval for the new or increased
20withdrawal, consumptive use, or diversion has been granted; or
SB1,63,2321
b. The originating party or council has found that the new or increased
22withdrawal, consumptive use, or diversion is not subject to approval pursuant to this
23compact.
SB1,63,2424
3. No action under this paragraph may be commenced unless:
SB1,64,2
1a. A person commencing such action has first given 60 days prior notice to the
2originating party, the council, and person alleged to be in noncompliance; and
SB1,64,53
b. Neither the originating party nor the council has commenced and is
4diligently prosecuting appropriate enforcement actions to compel compliance with
5this compact.
SB1,64,96
(d) The available remedies shall include equitable relief, and the prevailing or
7substantially prevailing party may recover the costs of litigation, including
8reasonable attorney and expert witness fees, whenever the court determines that
9such an award is appropriate.
SB1,64,1210
(e) Each of the parties may adopt provisions providing additional enforcement
11mechanisms and remedies including equitable relief and civil penalties applicable
12within its jurisdiction to assist in the implementation of this compact.
SB1,64,16
13(8) Additional provisions. (a)
Effect on existing rights. 1. Nothing in this
14compact shall be construed to affect, limit, diminish, or impair any rights validly
15established and existing as of the effective date of this compact under state or federal
16law governing the withdrawal of waters of the basin.
SB1,64,1917
2. Nothing contained in this compact shall be construed as affecting or
18intending to affect or in any way to interfere with the law of the respective parties
19relating to common law water rights.
SB1,64,2320
3. Nothing in this compact is intended to abrogate or derogate from treaty
21rights or rights held by any tribe recognized by the federal government of the United
22States based upon its status as a tribe recognized by the federal government of the
23United States.
SB1,65,524
4. An approval by a party or the council under this compact does not give any
25property rights, nor any exclusive privileges, nor shall it be construed to grant or
1confer any right, title, easement, or interest in, to, or over any land belonging to or
2held in trust by a party; neither does it authorize any injury to private property or
3invasion of private rights, nor infringement of federal, state, or local laws or
4regulations; nor does it obviate the necessity of obtaining federal assent when
5necessary.
SB1,65,106
(b)
Relationship to agreements concluded by the United States of America. 1.
7Nothing in this compact is intended to provide nor shall be construed to provide,
8directly or indirectly, to any person any right, claim, or remedy under any treaty or
9international agreement nor is it intended to derogate any right, claim, or remedy
10that already exists under any treaty or international agreement.
SB1,65,1411
2. Nothing in this compact is intended to infringe nor shall be construed to
12infringe upon the treaty power of the United States of America, nor shall any term
13hereof be construed to alter or amend any treaty or term thereof that has been or may
14hereafter be executed by the United States of America.
SB1,65,1715
3. Nothing in this compact is intended to affect nor shall be construed to affect
16the application of the Boundary Waters Treaty of 1909 whose requirements continue
17to apply in addition to the requirements of this compact.
SB1,65,2018
(c)
Confidentiality. 1. Nothing in this compact requires a party to breach
19confidentiality obligations or requirements prohibiting disclosure or to compromise
20security of commercially sensitive or proprietary information.
SB1,65,2521
2. A party may take measures, including but not limited to deletion and
22redaction, deemed necessary to protect any confidential, proprietary, or
23commercially sensitive information when distributing information to other parties.
24The party shall summarize or paraphrase any such information in a manner
25sufficient for the council to exercise its authorities contained in this compact.
SB1,66,4
1(d)
Additional laws. Nothing in this compact shall be construed to repeal,
2modify, or qualify the authority of any party to enact any legislation or enforce any
3additional conditions and restrictions regarding the management and regulation of
4waters within its jurisdiction.
SB1,66,85
(e)
Amendments and supplements. The provisions of this compact shall remain
6in full force and effect until amended by action of the governing bodies of the parties
7and consented to and approved by any other necessary authority in the same manner
8as this compact is required to be ratified to become effective.
SB1,66,139
(f)
Severability. Should a court of competent jurisdiction hold any part of this
10compact to be void or unenforceable, it shall be considered severable from those
11portions of the compact capable of continued implementation in the absence of the
12voided provisions. All other provisions capable of continued implementation shall
13continue in full force and effect.
SB1,66,1514
(g)
Duration of compact and termination. 1. Once effective, the compact shall
15continue in force and remain binding upon each and every party unless terminated.
SB1,66,1816
2. This compact may be terminated at any time by a majority vote of the parties.
17In the event of such termination, all rights established under it shall continue
18unimpaired.
SB1,66,22
19(9) Effectuation. (b)
Effectuation by chief executive. The governor is
20authorized to take such action as may be necessary and proper in his or her discretion
21to effectuate the compact and the initial organization and operation thereunder,
22consistent with s. 281.346.
SB1,67,423
(c)
Entire agreement. The parties consider this compact to be complete and an
24integral whole. Each provision of this compact is considered material to the entire
25compact, and failure to implement or adhere to any provision may be considered a
1material breach. Unless otherwise noted in this compact, any change or amendment
2made to the compact by any party in its implementing legislation or by the U.S.
3Congress when giving its consent to this compact is not considered effective unless
4concurred in by all parties.
SB1,67,85
(d)
Effective date and execution. This compact shall become binding and
6effective when ratified through concurring legislation by the states of Illinois,
7Indiana, Michigan, Minnesota, New York, Ohio, and Wisconsin and the
8Commonwealth of Pennsylvania and consented to by the U.S. Congress.
SB1, s. 17
9Section
17. 281.344 of the statutes is created to read:
SB1,67,11
10281.344 Water conservation, reporting, and supply regulation; when
11compact is not in effect. (1) Definitions. In this section:
SB1,67,1412
(d) "Community within a straddling county" means any city, village, or town
13that is not a straddling community and that is located outside the Great Lakes basin
14but wholly within a county that lies partly within the Great Lakes basin.
SB1,67,1615
(dm) "Compact" means the Great Lakes—St. Lawrence River Basin Water
16Resources Compact under s. 281.343.
SB1,67,1817
(dr) "Compact's effective date" means the effective date of the compact under
18s. 281.343 (9) (d).
SB1,67,2119
(e) "Consumptive use" means a use of water that results in the loss of or failure
20to return some or all of the water to the basin from which the water is withdrawn due
21to evaporation, incorporation into products, or other processes.
SB1,68,422
(g) "Cumulative impacts" means the impacts on the Great Lakes basin
23ecosystem that result from incremental effects of all aspects of a withdrawal,
24interbasin transfer, or consumptive use in addition to other past, present, and
25reasonably foreseeable future withdrawals, interbasin transfers, and consumptive
1uses regardless of who undertakes the other withdrawals, interbasin transfers, and
2consumptive uses, including individually minor but collectively significant
3withdrawals, interbasin transfers, and consumptive uses taking place over a period
4of time.
SB1,68,105
(i) "Environmentally sound and economically feasible water conservation
6measures" means those measures, methods, or technologies for efficient water use
7and for reducing water loss and waste or for reducing the amount of a withdrawal,
8consumptive use, or interbasin transfer that are, taking into account environmental
9impact, the age and nature of equipment and facilities involved, the processes
10employed, the energy impacts, and other appropriate factors, all of the following:
SB1,68,1111
1. Environmentally sound.
SB1,68,1212
2. Reflective of best practices applicable to the water use sector.
SB1,68,1313
3. Technically feasible and available.
SB1,68,1514
4. Economically feasible and cost-effective based on an analysis that considers
15direct and avoided economic and environmental costs.
SB1,68,1916
(j) "Facility" means an operating plant or establishment providing electricity
17to the public or carrying on any manufacturing activity, trade, or business on one site,
18including similar plants or establishments under common ownership or control
19located on contiguous properties.
SB1,68,2120
(je) "Great Lakes basin" means the watershed of the Great Lakes and the St.
21Lawrence River upstream from Trois—Rivieres, Quebec.
SB1,68,2322
(ji) "Great Lakes basin ecosystem" means the interacting components of air,
23land, water, and living organisms, including humans, within the Great Lakes basin.
SB1,69,224
(k) "Interbasin transfer" means a transfer of water from the Great Lakes basin
25into a watershed outside of the Great Lakes basin or from the watershed of one of the
1Great Lakes into that of another, except that "interbasin transfer" does not include
2any of the following:
SB1,69,53
1. The transfer of a product produced in the Great Lakes basin or in the
4watershed of one of the Great Lakes, using waters of the Great Lakes basin, out of
5the Great Lakes basin or out of that watershed.
SB1,69,86
2. The transmission of water within a line that extends outside the Great Lakes
7basin as it conveys water from one point to another within the Great Lakes basin if
8no water is used outside the Great Lakes basin.
SB1,69,109
3. The transfer of bottled water from the Great Lakes basin in containers of
105.7 gallons or less.
SB1,69,1211
(km) "Intrabasin transfer" means the transfer of water from the watershed of
12one of the Great Lakes into the watershed of another of the Great Lakes.
SB1,69,1613
(o) "Product" means something produced by human or mechanical effort or
14through agricultural processes and used in manufacturing, commercial, or other
15processes or intended for intermediate or ultimate consumers, subject to all of the
16following:
SB1,69,1717
1. Water used as part of the packaging of a product is part of the product.
SB1,69,2018
2. Other than water used as part of the packaging of a product, water that is
19used primarily to transport materials in or out of the Great Lakes basin is not a
20product or part of a product.
SB1,69,2221
3. Except as provided in subd. 1., water that is transferred as part of a public
22or private supply is not a product or part of a product.
SB1,69,2423
4. Water in its natural state, such as in lakes, rivers, reservoirs, aquifers, or
24water basins, is not a product.
SB1,70,4
1(pm) "Public water supply" means water distributed to the public through a
2physically connected system of treatment, storage, and distribution facilities that
3serve a group of largely residential customers and that may also serve industrial,
4commercial, and other institutional customers.
SB1,70,95
(ps) "Reasonable water supply alternative" means a water supply alternative
6that is similar in cost to, and as environmentally sustainable and protective of public
7health as, the proposed new or increased interbasin transfer and that does not have
8greater adverse environmental impacts than the proposed new or increased
9interbasin transfer.
SB1,70,1410
(q) "Regional body" means the body consisting of the governors of Illinois,
11Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin and
12the premiers of Ontario and Quebec, Canada, or their designees, as established by
13the Great Lakes—St. Lawrence River Basin Sustainable Water Resources
14Agreement.
SB1,70,2115
(r) "Source watershed" means the watershed from which a withdrawal
16originates. If water is withdrawn directly from a Great Lake or from the St.
17Lawrence River, then the source watershed is the watershed of that Great Lake or
18the watershed of the St. Lawrence River, respectively. If water is withdrawn from
19the watershed of a stream that is a direct tributary to a Great Lake or a direct
20tributary to the St. Lawrence River, then the source watershed is the watershed of
21that Great Lake or the watershed of the St. Lawrence River, respectively.
SB1,70,2522
(t) "Straddling community" means any city, village, or town that is partly
23within the Great Lakes basin or partly within the watersheds of 2 of the Great Lakes
24and that is wholly within any county that lies partly or completely within the Great
25Lakes basin.
SB1,71,2
1(tm) "Straddling county" means a county that lies partly within the Great
2Lakes basin.