SB523,54,2214 (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.
SB523,55,723 (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.
SB523,55,11 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.
SB523,55,1312 2. The minutes of the council shall be a public record open to inspection at its
13offices during regular business hours.
SB523,55,1814 (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:
SB523,55,2019 1. Provide public notification of receipt of all applications and a reasonable
20opportunity for the public to submit comments before applications are acted upon.
SB523,55,2221 2. Assure public accessibility to all documents relevant to an application,
22including public comment received.
SB523,55,2523 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.
SB523,56,2
14. Provide the record of decision for public inspection including comments,
2objections, responses, and approvals, approvals with conditions, and disapprovals.
SB523,56,6 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.
SB523,56,10 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.
SB523,56,1211 (b) The council, in consultation with the provinces, shall provide by rule
12procedures for the resolution of disputes pursuant to this subsection.
SB523,57,2 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.
SB523,57,83 (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.
SB523,57,129 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.
SB523,57,1713 (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.
SB523,57,1818 2. No action under this paragraph may be commenced if:
SB523,57,2019 a. The originating party or council approval for the new or increased
20withdrawal, consumptive use, or diversion has been granted; or
SB523,57,2321 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.
SB523,57,2424 3. No action under this paragraph may be commenced unless:
SB523,58,2
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
SB523,58,53 b. Neither the originating party nor the council has commenced and is
4diligently prosecuting appropriate enforcement actions to compel compliance with
5this compact.
SB523,58,96 (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.
SB523,58,1210 (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.
SB523,58,16 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.
SB523,58,1917 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.
SB523,58,2320 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.
SB523,59,524 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.
SB523,59,106 (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.
SB523,59,1411 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.
SB523,59,1715 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.
SB523,59,2018 (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.
SB523,59,2521 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.
SB523,60,4
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.
SB523,60,85 (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.
SB523,60,139 (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.
SB523,60,1514 (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.
SB523,60,1816 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.
SB523,60,22 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.
SB523,61,423 (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.
SB523,61,85 (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.
SB523, s. 10 9Section 10. 281.344 of the statutes is created to read:
SB523,61,11 10281.344 Water conservation, reporting, and supply regulation; when
11compact is not in effect.
(1) Definitions. In this section:
SB523,61,1412 (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.
SB523,61,1615 (dm) "Compact" means the Great Lakes—St. Lawrence River Basin Water
16Resources Compact under s. 281.343.
SB523,61,1817 (dr) "Compact's effective date" means the effective date of the compact under
18s. 281.343 (9) (d).
SB523,61,2119 (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.
SB523,62,422 (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.
SB523,62,105 (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:
SB523,62,1111 1. Environmentally sound.
SB523,62,1212 2. Reflective of best practices applicable to the water use sector.
SB523,62,1313 3. Technically feasible and available.
SB523,62,1514 4. Economically feasible and cost-effective based on an analysis that considers
15direct and avoided economic and environmental costs.
SB523,62,1716 (je) "Great Lakes basin" means the watershed of the Great Lakes and the St.
17Lawrence River upstream from Trois—Rivieres, Quebec.
SB523,62,1918 (ji) "Great Lakes basin ecosystem" means the interacting components of air,
19land, water, and living organisms, including humans, within the Great Lakes basin.
SB523,62,2320 (k) "Interbasin transfer" means a transfer of water from the Great Lakes basin
21into a watershed outside of the Great Lakes basin or from the watershed of one of the
22Great Lakes into that of another, except that "interbasin transfer" does not include
23any of the following:
SB523,63,3
11. The transfer of a product produced in the Great Lakes basin or in the
2watershed of one of the Great Lakes, using waters of the Great Lakes basin, out of
3the Great Lakes basin or out of that watershed.
SB523,63,64 2. The transmission of water within a line that extends outside the Great Lakes
5basin as it conveys water from one point to another within the Great Lakes basin if
6no water is used outside the Great Lakes basin.
SB523,63,87 3. The transfer of bottled water from the Great Lakes basin in containers of
85.7 gallons or less.
SB523,63,109 (km) "Intrabasin transfer" means the transfer of water from the watershed of
10one of the Great Lakes into the watershed of another of the Great Lakes.
SB523,63,1411 (o) "Product" means something produced by human or mechanical effort or
12through agricultural processes and used in manufacturing, commercial, or other
13processes or intended for intermediate or ultimate consumers, subject to all of the
14following:
SB523,63,1515 1. Water used as part of the packaging of a product is part of the product.
SB523,63,1816 2. Other than water used as part of the packaging of a product, water that is
17used primarily to transport materials in or out of the Great Lakes basin is not a
18product or part of a product.
SB523,63,2019 3. Except as provided in subd. 1., water that is transferred as part of a public
20or private supply is not a product or part of a product.
SB523,63,2221 4. Water in its natural state, such as in lakes, rivers, reservoirs, aquifers, or
22water basins, is not a product.
SB523,64,223 (pm) "Public water supply" means water distributed to the public through a
24physically connected system of treatment, storage, and distribution facilities that

1serve a group of largely residential customers and that may also serve industrial,
2commercial, and other institutional customers.
SB523,64,73 (q) "Regional body" means the body consisting of the governors of Illinois,
4Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin and
5the premiers of Ontario and Quebec, Canada, or their designees, as established by
6the Great Lakes—St. Lawrence River Basin Sustainable Water Resources
7Agreement.
SB523,64,148 (r) "Source watershed" means the watershed from which a withdrawal
9originates. If water is withdrawn directly from a Great Lake or from the St.
10Lawrence River, then the source watershed is the watershed of that Great Lake or
11the watershed of the St. Lawrence River, respectively. If water is withdrawn from
12the watershed of a stream that is a direct tributary to a Great Lake or a direct
13tributary to the St. Lawrence River, then the source watershed is the watershed of
14that Great Lake or the watershed of the St. Lawrence River, respectively.
SB523,64,1815 (t) "Straddling community" means any city, village, or town that is partly
16within the Great Lakes basin or partly within the watersheds of 2 of the Great Lakes
17and that is wholly within any county that lies partly or completely within the Great
18Lakes basin.
SB523,64,2019 (w) "Water dependent natural resources" means the interacting components of
20land, water, and living organisms affected by the waters of the Great Lakes basin.
SB523,64,2321 (wm) "Water loss" means the amount of water that is withheld from or not
22returned to the basin from which it is withdrawn as a result of an interbasin transfer
23or consumptive use or both.
SB523,64,2524 (wr) "Water utility" means a public utility, as defined in s. 196.01 (5), that
25furnishes water.
SB523,65,3
1(x) "Waters of the Great Lakes basin" means the Great Lakes and all streams,
2rivers, lakes, connecting channels, and other bodies of water, including tributary
3groundwater, within the Great Lakes basin.
SB523,65,44 (y) "Withdraw" means to take water from surface water or groundwater.
SB523,65,75 (z) "Withdrawal" means the taking of water from surface water or groundwater,
6including the taking of surface water or groundwater for the purpose of bottling the
7water.
SB523,65,11 8(2) Determinations concerning applicability of requirements. (a) Use of
9surface water divide.
For the purposes of this section, the surface water divide is used
10to determine whether a withdrawal or transfer of surface water or groundwater is
11from the Great Lakes basin.
SB523,65,1512 (b) Transfers and withdrawals from more than one source. For the purposes
13of this section, the interbasin transfer or withdrawal of water from more than one
14source within the Great Lakes basin to supply a common distribution system is
15considered one interbasin transfer or withdrawal.
SB523,65,1716 (c) Water loss. The department shall promulgate rules for determining the
17amount of water loss from consumptive uses.
SB523,65,2018 (d) County boundaries. For the purposes of sub. (1) (d) and (t), a county's
19boundaries as of December 13, 2005, shall be used to determine whether a county lies
20partly within the Great Lakes basin.
SB523,66,3 21(3) Statewide registration and reporting. (a) 1. Any person who, on the first
22day of the 36th month beginning after the effective date of this subdivision ....
23[revisor inserts date], or, for a withdrawal from the Great Lakes basin, on the
24compact's effective date if that is sooner, has a water supply system with the capacity
25to make a withdrawal from the waters of the state averaging 100,000 gallons per day

1or more in any 30-day period or is making any interbasin transfer shall register the
2withdrawal or interbasin transfer with the department by the deadline specified by
3the department by rule.
SB523,66,154 2. Any person who, after the first day of the 36th month beginning after the
5effective date of this subdivision .... [revisor inserts date], or, if the withdrawal is from
6the Great Lakes basin, on the compact's effective date if that is sooner, proposes to
7begin a withdrawal from the waters of the state using a water supply system that will
8have the capacity to withdraw an average of 100,000 gallons per day or more in any
930-day period, to increase the capacity of a water supply system that existed on the
10first day of the 36th month beginning after the effective date of this subdivision ....
11[revisor inserts date], or, if the withdrawal is from the Great Lakes basin, on the
12compact's effective date if that is sooner, so that it will have the capacity to withdraw
13an average of 100,000 gallons per day or more in any 30-day period, or to begin an
14interbasin transfer shall register the withdrawal or interbasin transfer with the
15department.
SB523,66,1716 (b) A person to whom par. (a) applies shall register on a form prescribed by the
17department and provide all of the following information:
SB523,66,1818 1. The name and address of the registrant and the date of registration.
SB523,66,1919 2. The locations and sources of the withdrawal or interbasin transfer.
SB523,66,2120 3. The daily capacity of the withdrawal or interbasin transfer and the daily
21capacity to withdraw or transfer from each source.
SB523,66,2322 4. An estimate of the volume of the withdrawal or interbasin transfer in terms
23of gallons per day average in any 30-day period.
SB523,66,2424 5. The uses made of the water.
SB523,66,2525 6. The places at which the water is used.
SB523,67,1
17. The places at which any of the water is discharged.
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