Page:United States Statutes at Large Volume 122.djvu/3778

 12 2 STA T .375 5 PUBLIC LA W 11 0– 3 4 2 —O CT. 3 , 200 8‘ ‘ 1.With i nf i vey e arso f the effe c tive d ate of this C o mp act , each P arty sha l l create a pro g ram for the management and reg u la - tion of N e w or I ncreased Withdrawals and Consumptive U ses b y adopting and implementing M easures consistent with the D ecision- Ma k ing S tandard. E ach Party, through a considered process, shall set and may modify threshold levels for the regulation of New or Increased Withdrawals in order to assure an effective and effi- cient Water management program that will ensure that uses overall are reasonable, that Withdrawals overall will not result in signifi- cant impacts to the Waters and Water Dependent Natural R esources of the B asin, determined on the basis of significant impacts to the physical, chemical, and biological integrity of Source Water- sheds, and that all other ob j ectives of the Compact are achieved. Each Party may determine the scope and thresholds of its program, including which New or Increased Withdrawals and Consumptive Uses will be subject to the program. ‘‘ 2 . A ny Party that fails to set threshold levels that comply with Section 4 .1 0 .1 any time before 10 years after the effective date of this Compact shall apply a threshold level for management and regulation of all New or Increased Withdrawals of 100,000 gallons per day or greater average in any 9 0 day period. ‘‘ 3 . T he Parties intend programs for New or Increased With- drawals and Consumptive Uses to evolve as may be necessary to protect Basin Waters. Pursuant to Section 3.4, the Council, in cooperation with the Provinces, shall periodically assess the Water management programs of the Parties. Such assessments may produce recommendations for the strengthening of the pro- grams, including without limitation, establishing lower thresholds for management and regulation in accordance with the Decision- Making Standard. ‘ ‘ Section4.1 1. D eci s ion -Mak in g Stan d a r d. ‘‘Proposals subject to management and regulation in Section 4.10 shall be declared to meet this Decision-Making Standard and may be approved as appropriate only when the following criteria are met

‘‘1. All Water Withdrawn shall be returned, either naturally or after use, to the Source Watershed less an allowance for Consumptive Use ‘‘2. The Withdrawal or Consumptive Use will be imple- mented so as to ensure that the Proposal will result in no significant individual or cumulative adverse impacts to the q uantity or quality of the Waters and Water Dependent Natural Resources and the applicable Source Watershed; ‘‘3. The Withdrawal or Consumptive Use will be imple- mented so as to incorporate Environmentally Sound and Economically F easible Water Conservation Measures; ‘‘4. The Withdrawal or Consumptive Use will be imple- mented 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 1909; ‘‘ 5 . The proposed use is reasonable, based upon a consider- ation of the following factors: ‘‘a. Whether the proposed Withdrawal or Consumptive Use is planned in a fashion that provides for efficient use of the water, and will avoid or minimi z e the waste of Water; As s e ss m e nt.D e adli ne. A p pli c a b ilit y . Deadline.

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