Page:United States Statutes at Large Volume 122.djvu/3781

 12 2 STA T .3758PUBLIC LA W 11 0– 3 4 2 —O CT. 3 , 2008 Parties s p e c i f ica l l y ac know le dg et h at this C o m pact shall not pro - hi b it or limit the S tate of I llinois in any manner from seeking additional B asin W ater as allowed u nder the terms of the U nited States Supreme Court decree in Wisconsin et al .v. Illinois et al. , any other party from ob j ecting to any re q uest by the State of Illinois for additional Basin Water under the terms of said decree, or any party from seeking any other type of modification to said decree. If an application is made by any party to the Supreme Court of the United States to modify said decree, the Parties to this Compact who are also parties to the decree shall seek formal input from the Canadian Provinces of O ntario and Q ue ´ bec, with respect to the proposed modification, use best efforts to facilitate the appropriate participation of said Provinces in the proceedings to modify the decree, and shall not unreasonably impede or restrict such participation. ‘ ‘ 3 . With the e x ception of Paragraph 5 of this Section, because current, N ew or Increased Withdrawals, Consumptive Uses and D iversions of Basin Water by the State of Illinois are not subject to the terms of this Compact, the State of Illinois is prohibited from using any term of this Compact, including Section 4 . 9 ,to seek New or Increased Withdrawals, Consumptive Uses or Diver- sions of Basin Water. ‘‘4. With the exception of Paragraph 5 of this Section, because Sections 4.3, 4.4, 4.5, 4. 6 ,4. 7 ,4. 8, 4.9, 4. 10 , 4.11, 4.1 2( Paragraphs 1,2,3,4,6and10only ) , and 4.13 of this Compact all relate to current, New or Increased Withdrawals, Consumptive Uses and Diversions of Basin Waters, said provisions do not apply to the State of Illinois. A ll other provisions of this Compact not listed in the preceding sentence shall apply to the State of Illinois, including the Water Conservation Programs provision of Section 4.2. ‘‘5. In the event of a Proposal for a Diversion of Basin Water for use outside the territorial boundaries of the Parties to this Compact, decisions by the State of Illinois regarding such a Proposal would be subject to all terms of this Compact, except Paragraphs 1, 3 and 4 of this Section. ‘‘6. F or purposes of the State of Illinois ’ participation in this Compact, the entirety of this Section 4.14 is necessary for the continued implementation of this Compact and, if severed, this Compact shall no longer be binding on or enforceable by or against the State of Illinois. ‘ ‘ Section4.15 . As sess m ent o fCu mu la ti v e I m p acts. ‘‘1. T he Parties in cooperation with the Provinces shall collec- tively conduct within the Basin, on a L ake watershed and St. Lawrence R iver Basin basis, a periodic assessment of the Cumu- lative Impacts of Withdrawals, Diversions and Consumptive Uses from the Waters of the Basin, every 5 years or each time the incremental Basin Water losses reach 50 million gallons per day average in any 90-day period in excess of the quantity at the time of the most recent assessment, whichever comes first, or at the request of one or more of the Parties. The assessment shall form the basis for a review of the Standard of Review and Decision, Council and Party regulations and their application. This assess- ment shall

‘‘a. Utili z e the most current and appropriate guidelines for such a review, which may include but not be limited to Deadlin e s.

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