Page:United States Statutes at Large Volume 122.djvu/3779

 12 2 STA T .3756PUBLIC LA W 11 0– 3 4 2 —O CT. 3 , 200 8‘ ‘ b.IftheProp o sali sfora n in c rease dW ithdra w al or C ons um pti v e use , whether efficient use is made of e x istin g water supplies ‘‘c. T he balance between economic development, social development and environmental protection of the proposed Withdrawal and use and other existing or planned with - drawals and water uses sharing the water source; ‘‘d. The suppl y potential of the water source, consid- ering q uantity, quality, and reliability and safe yield of hydrologically interconnected water sources; ‘‘e. The probable degree and duration of any adverse impacts caused or expected to be caused by the proposed Withdrawal and use under foreseeable conditions, to other lawful consumptive or non-consumptive uses of water or to the quantity or quality of the Waters and Water D ependent N atural R esources of the B asin, and the pro- posed plans and arrangements for avoidance or mitigation of such impacts; and, ‘‘f. If a Proposal includes restoration of hydrologic conditions and functions of the S ource Watershed, the Party may consider that. ‘ ‘ Section4.12 . Ap p l ic ab ilit y . ‘‘ 1 . M inimum Standard. This Standard of Review and Decision shall be used as a minimum standard. Parties may impose a more restrictive decision-ma k ing standard for Withdrawals under their authority. It is also acknowledged that although a Proposal meets the Standard of Review and Decision it may not be approved under the laws of the O riginating Party that has implemented more restrictive Measures. ‘‘ 2 . Baseline. ‘‘a. To establish a baseline for determining a New or Increased Diversion, Consumptive U se or Withdrawal, each Party shall develop either or both of the following lists for their j urisdiction

‘‘i. A list of existing Withdrawal approvals as of the effective date of the Compact; ‘‘ii. A list of the capacity of existing systems as of the effective date of this Compact. The capacity of the existing systems should be presented in terms of With- drawal capacity, treatment capacity, distribution capacity, or other capacity limiting factors. The capacity of the existing systems must represent the state of the systems. E xisting capacity determinations shall be based upon approval limits or the most restrictive capacity information. ‘‘b. F or all purposes of this Compact, volumes of Diversions, Consumptive Uses, or Withdrawals of Water set forth in the list ( s ) prepared by each Party in accordance with this Section, shall constitute the baseline volume. ‘‘c. The list(s) shall be furnished to the Regional Body and the Council within one year of the effective date of this Compact. ‘‘ 3 . Timing of Additional Applications. Applications for New or Increased Withdrawals, Consumptive Uses or Exceptions shall be considered cumulatively within ten years of any application. ‘‘ 4 . Change of Ownership. Unless a new owner proposes a project that shall result in a Proposal for a New or Increased Diversion or Consumptive Use subject to Regional Review or Council Records.

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