Page:United States Statutes at Large Volume 122.djvu/3776

 12 2 STA T .375 3 PUBLIC LA W 11 0– 3 4 2 —O CT. 3 , 200 8any90-d ay perio d ,th e P ropo s a l shall also u nder g o R egional Re v ie w.‘ ‘ 2 . I ntra- B asin T rans f er. A Proposal for an Intra-Basin Transfer that would b e c onsidered a D iversion under this C o m pact, and not already e x cepted pursuant to paragraph 1 of this S ection, shall be excepted from the prohibition against Diversions, provided that

‘‘a. If the Proposal results from a N ew or Increased W ith- drawal less than 100,000 gallons per day average over any 90-day period, the Proposal shall be sub j ect to management and regulation at the discretion of the O riginating Party. ‘‘b. If the Proposal results from a New or Increased With- drawal 100,000 gallons per day or greater average over any 90-day period and if the Consumptive U se resulting from the Withdrawal is less than 5 million gallons per day average over any 90-day period: ‘‘i. The Proposal shall meet the E xception Standard and be subject to management and regulation by the Origi- nating Party, except that the Water may be returned to another G reat L a k e watershed rather than the Source Watershed ‘‘ii. The Applicant shall demonstrate that there is no feasible, cost effective, and environmentally sound water supply alternative within the Great Lake watershed to which the Water will be transferred, including conservation of existing water supplies; and, ‘‘iii. The Originating Party shall provide notice to the other Parties prior to making any decision with respect to the Proposal. ‘‘c. If the Proposal results in a New or Increased Consump- tive Use of 5 million gallons per day or greater average over any 90-day period: ‘‘i. The Proposal shall be subject to management and regulation by the Originating Party and shall meet the Exception Standard, ensuring that Water Withdrawn shall be returned to the Source Watershed; ‘‘ii. The Applicant shall demonstrate that there is no feasible, cost effective, and environmentally sound water supply alternative within the Great Lake watershed to which the Water will be transferred, including conservation of existing water supplies; ‘‘iii. The Proposal undergoes Regional Review; and, ‘‘iv. The Proposal is approved by the Council. Council approval shall be given unless one or more Council M em- bers vote to disapprove. ‘‘ 3 . Straddling Counties. A Proposal to transfer Water to a Community within a Straddling County that would be considered a Diversion under this Compact shall be excepted from the prohibi- tion against Diversions, provided that it satisfies all of the following conditions: ‘‘a. The Water shall be used solely for the Public Water Supply Purposes of the Community within a Straddling County that is without ade q uate supplies of potable water; ‘‘b. The Proposal meets the Exception Standard, maxi- mi z ing the portion of water returned to the Source Watershed as Basin Water and minimizing the surface water or ground- water from outside the Basin; Notif i ca tio n.

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