Page:United States Statutes at Large Volume 122.djvu/3777

 12 2 STA T .3754PUBLIC LA W 11 0– 342 —O CT. 3 , 200 8‘ ‘ c.TheProp o sal shall b es u b j ec t to m a n a g ement an d regu - lat i onb y the O riginating Party , regardless o f its si z e ‘‘d. There is no reasonable w ater supply alternati v e within the basin in which the community is located, including con- servation of e x isting water supplies; ‘‘e. C aution shall be used in determining whether or not the Proposal meets the conditions for this E xception. This Exception should not be authorized unless it can be shown that it will not endanger the integrity of the B asin Ecosystem; ‘‘f. The Proposal undergoes R egional Review; and, ‘‘g. The Proposal is approved by the Council. Council approval shall be given unless one or more Council M embers vote to disapprove. A Proposal must satisfy all of the conditions listed above. F urther, substantive consideration will also be given to whether or not the Proposal can provide sufficient scientifically based evidence that the existing water supply is derived from groundwater that is hydrologically interconnected to W aters of the Basin. ‘‘ 4 . Exception S tandard. Proposals subject to management and regulation in this Section shall be declared to meet this Exception Standard and may be approved as appropriate only when the fol- lowing criteria are met

‘‘a. The need for all or part of the proposed Exception cannot be reasonably avoided through the efficient use and conservation of existing water supplies; ‘‘b. The Exception will be limited to q uantities that are considered reasonable for the purposes for which it is proposed; ‘‘c. All Water Withdrawn shall be returned, either naturally or after use, to the Source Watershed less an allowance for Consumptive U se. N o surface water or groundwater from the outside the Basin may be used to satisfy any portion of this criterion except if it: ‘‘i. I s part of a water supply or wastewater treatment system that combines water from inside and outside of the Basin; ‘‘ii. Is treated to meet applicable water quality dis- charge standards and to prevent the introduction of invasive species into the Basin; ‘‘d. The Exception will be implemented so as to ensure that it will result in no significant individual or cumulative adverse impacts to the quantity or quality of the Waters and Water D ependent Natural Resources of the Basin with consider- ation given to the potential Cumulative Impacts of any prece- dent-setting consequences associated with the Proposal; ‘‘e. The Exception will be implemented so as to incorporate Environmentally Sound and Economically Feasible Water Con- servation Measures to minimize Water Withdrawals or Consumptive Use; ‘‘f. The Exception will be implemented so as to ensure that it is in compliance with all applicable municipal, State and federal laws as well as regional interstate and international agreements, including the Boundary Waters Treaty of 190 9; and, ‘‘g. All other applicable criteria in Section 4.9 have also been met. ‘ ‘ Section4.10 . Ma na g e m ent an dR eg ul ation o fN e w o rI ncrea s ed W it h drawals and C onsum p ti v e U ses.

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