[105th Congress Public Law 104]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ104.105]
[[Page 111 STAT. 2219]]
Public Law 105-104
105th Congress
Joint Resolution
Granting the consent of Congress to the Apalachicola-Chattahoochee-Flint
River Basin Compact. <<NOTE: Nov. 20, 1997 - [H.J. Res. 91]>>
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, <<NOTE: State listing.>>
SECTION 1. CONGRESSIONAL CONSENT.
The Congress consents to the Apalachicola-Chattahoochee-Flint River
Basin Compact entered into by the States of Alabama, Florida, and
Georgia. The Compact is substantially as follows:
``Apalachicola-Chattahoochee-Flint River Basin Compact
``The States of Alabama, Florida and Georgia and the United States
of America hereby agree to the following compact which shall become
effective upon enactment of concurrent legislation by each respective
state legislature and the Congress of the United States.
``SHORT TITLE
``This Act shall be known and may be cited as the `Apalachicola-
Chattahoochee-Flint River Basin Compact' and shall be referred to
hereafter in this document as the `ACF Compact' or `Compact'.
``ARTICLE I <<NOTE: Apalachicola-Chattahoochee-Flint River Basin
Compact.>>
``COMPACT PURPOSES
``This Compact among the States of Alabama, Florida and
Georgia and the United States of America has been entered into for the
purposes of promoting interstate comity, removing causes of present and
future controversies, equitably apportioning the surface waters of the
ACF, engaging in water planning, and developing and sharing common data
bases.
``ARTICLE II
``SCOPE OF THE COMPACT
``This Compact shall extend to all of the waters arising within the
drainage basin of the ACF in the states of Alabama, Florida and Georgia.
[[Page 111 STAT. 2220]]
``ARTICLE III
``PARTIES
``The parties to this Compact are the states of Alabama, Florida and
Georgia and the United States of America.
``ARTICLE IV
``DEFINITIONS
``For the purposes of this Compact, the following words, phrases and
terms shall have the following meanings:
``(a) `ACF Basin' or `ACF ' means the area of natural drainage into
the Apalachicola River and its tributaries, the Chattahoochee River and
its tributaries, and the Flint River and its tributaries. Any reference
to the rivers within this Compact will be designated using the letters
`ACF' and when so referenced will mean each of these three rivers and
each of the tributaries to each such river.
``(b) `Allocation formula' means the methodology, in whatever form,
by which the ACF Basin Commission determines an equitable apportionment
of surface waters within the ACF Basin among the three states. Such
formula may be represented by a table, chart, mathematical calculation
or any other expression of the Commission's apportionment of waters
pursuant to this compact.
``(c) `Commission' or `ACF Basin Commission' means the Apalachicola-
Chattahoochee-Flint River Basin Commission created and established
pursuant to this Compact.
``(d) `Ground waters' means waters within a saturated zone or
stratum beneath the surface of land, whether or not flowing through
known and definite channels.
``(e) `Person' means any individual, firm, association,
organization, partnership, business, trust, corporation, public
corporation, company, the United States of America, any state, and all
political subdivisions, regions, districts, municipalities, and public
agencies thereof.
``(f ) `Surface waters' means waters upon the surface of the earth,
whether contained in bounds created naturally or artificially or
diffused. Water from natural springs shall be considered `surface
waters' when it exits from the spring onto the surface of the earth.
``(g) ` United States' means the executive branch of the government
of the United States of America, and any department, agency, bureau or
division thereof.
``(h) `Water Resource Facility' means any facility or project
constructed for the impoundment, diversion, retention, control or
regulation of waters within the ACF Basin for any purpose.
``(i) `Water resources,' or `waters' means all surface waters and
ground waters contained or otherwise originating within the ACF Basin.
``ARTICLE V
``CONDITIONS PRECEDENT TO LEGAL VIABILITY OF THE COMPACT
``This Compact shall not be binding on any party until it has been
enacted into law by the legislatures of the states of Alabama,
[[Page 111 STAT. 2221]]
Florida and Georgia and by the Congress of the United States of America.
``ARTICLE VI
``ACF BASIN COMMISSION CREATED
``(a) There is hereby created an interstate administrative agency to
be known as the `ACF Basin Commission.' The Commission shall be
comprised of one member representing the state of Alabama, one member
representing the state of Florida, one member representing the state of
Georgia, and one non-voting member representing the United States of
America. The state members shall be known as `State Commissioners' and
the federal member shall be known as `Federal Commissioner.' The ACF
Basin Commission is a body politic and corporate, with succession for
the duration of this Compact.
``(b) The Governor of each of the states shall serve as the State
Commissioner for his or her state. Each State Commissioner shall appoint
one or more alternate members and one of such alternates as designated
by the State Commissioner shall serve in the State Commissioner's place
and carry out the functions of the State Commissioner, including voting
on Commission matters, in the event the State Commissioner is unable to
attend a meeting of the Commission. The alternate members from each
state shall be knowledgeable in the field of water resources management.
Unless otherwise provided by law of the state for which an alternate
State Commissioner is appointed, each alternate State Commissioner shall
serve at the pleasure of the State Commissioner. In the event of a
vacancy in the office of an alternate, it shall be filled in the same
manner as an original appointment.
``(c) <<NOTE: President.>> The President of the United States of
America shall appoint the Federal Commissioner who shall serve as the
representative of all federal agencies with an interest in the ACF. The
President shall also appoint an alternate Federal Commissioner to attend
and participate in the meetings of the Commission in the event the
Federal Commissioner is unable to attend meetings. When at meetings, the
alternate Federal Commissioner shall possess all of the powers of the
Federal Commissioner. The Federal Commissioner and alternate appointed
by the President shall serve until they resign or their replacements are
appointed.
``(d) Each state shall have one vote on the ACF Basin Commission and
the Commission shall make all decisions and exercise all powers by
unanimous vote of the three State Commissioners. The Federal
Commissioner shall not have a vote, but shall attend and participate in
all meetings of the ACF Basin Commission to the same extent as the State
Commissioners.
``(e) The ACF Basin Commission shall meet at least once a year at a
date set at its initial meeting. Such initial meeting shall take place
within ninety days of the ratification of the Compact by the Congress of
the United States and shall be called by the chairman of the Commission.
Special meetings of the Commission may be called at the discretion of
the chairman of the Commission and shall be called by the chairman of
the Commission upon written request of any member of the Commission. All
members shall be notified of the time and place designated for any
regular or special meeting at least five days prior to such meeting in
one
[[Page 111 STAT. 2222]]
of the following ways: by written notice mailed to the last mailing
address given to the Commission by each member, by facsimile, telegram
or by telephone. The Chairmanship of the Commission shall rotate
annually among the voting members of the Commission on an alphabetical
basis, with the first chairman to be the State Commissioner representing
the State of Alabama.
``(f ) All meetings of the Commission shall be open to the public.
``(g) The ACF Basin Commission, so long as the exercise of power is
consistent with this Compact, shall have the following general powers:
``(1) to adopt bylaws and procedures governing its conduct;
``(2) to sue and be sued in any court of competent
jurisdiction;
``(3) to retain and discharge professional, technical,
clerical and other staff and such consultants as are necessary
to accomplish the purposes of this Compact;
``(4) to receive funds from any lawful source and expend
funds for any lawful purpose;
``(5) <<NOTE: Contracts.>> to enter into agreements or
contracts, where appropriate, in order to accomplish the
purposes of this Compact;
``(6) to create committees and delegate responsibilities;
``(7) to plan, coordinate, monitor, and make recommendations
for the water resources of the ACF Basin for the purposes of,
but not limited to, minimizing adverse impacts of floods and
droughts and improving water quality, water supply, and
conservation as may be deemed necessary by the Commission;
``(8) to participate with other governmental and non-
governmental entities in carrying out the purposes of this
Compact;
``(9) to conduct studies, to generate information regarding
the water resources of the ACF Basin, and to share this
information among the Commission members and with others;
``(10) to cooperate with appropriate state, federal, and
local agencies or any other person in the development,
ownership, sponsorship, and operation of water resource
facilities in the ACF Basin; provided, however, that the
Commission shall not own or operate a federally-owned water
resource facility unless authorized by the United States
Congress;
``(11) to acquire, receive, hold and convey such personal
and real property as may be necessary for the performance of its
duties under the Compact; provided, however, that nothing in
this Compact shall be construed as granting the ACF Basin
Commission authority to issue bonds or to exercise any right of
eminent domain or power of condemnation;
``(12) to establish and modify an allocation formula for
apportioning the surface waters of the ACF Basin among the
states of Alabama, Florida and Georgia; and
``(13) to perform all functions required of it by this
Compact and to do all things necessary, proper or convenient in
the performance of its duties hereunder, either independently or
in cooperation with any state or the United States.
``ARTICLE VII
``EQUITABLE APPORTIONMENT
``(a) It is the intent of the parties to this Compact to develop an
allocation formula for equitably apportioning the surface waters
[[Page 111 STAT. 2223]]
of the ACF Basin among the states while protecting the water quality,
ecology and biodiversity of the ACF, as provided in the Clean Water Act,
33 U.S.C. Sections 1251 et seq., the Endangered Species Act, 16 U.S.C.
Sections 1532 et seq., the National Environmental Policy Act, 42 U.S.C.
Sections 4321 et seq., the Rivers and Harbors Act of 1899, 33 U.S.C.
Sections 401 et seq., and other applicable federal laws. For this
purpose, all members of the ACF Basin Commission, including the Federal
Commissioner, shall have full rights to notice of and participation in
all meetings of the ACF Basin Commission and technical committees in
which the basis and terms and conditions of the allocation formula are
to be discussed or negotiated. When an allocation formula is unanimously
approved by the State Commissioners, there shall be an agreement among
the states regarding an allocation formula. The allocation formula thus
agreed upon shall become effective and binding upon the parties to this
Compact upon receipt by the Commission of a letter of concurrence with
said formula from the Federal Commissioner. If, however, the Federal
Commissioner fails to submit a letter of concurrence to the Commission
within two hundred ten (210) days after the allocation formula is agreed
upon by the State Commissioners, the Federal Commissioner shall within
forty-five (45) days thereafter submit to the ACF Basin Commission a
letter of nonconcurrence with the allocation formula setting forth
therein specifically and in detail the reasons for nonconcurrence;
provided, however, the reasons for nonconcurrence as contained in the
letter of nonconcurrence shall be based solely upon federal law. The
allocation formula shall also become effective and binding upon the
parties to this Compact if the Federal Commissioner fails to submit to
the ACF Basin Commission a letter of nonconcurrence in accordance with
this Article. Once adopted pursuant to this Article, the allocation
formula may only be modified by unanimous decision of the State
Commissioners and the concurrence by the Federal Commissioner in
accordance with the procedures set forth in this Article.
``(b) The parties to this Compact recognize that the United States
operates certain projects within the ACF Basin that may influence the
water resources within the ACF Basin. The parties to this Compact
further acknowledge and recognize that various agencies of the United
States have responsibilities for administering certain federal laws and
exercising certain federal powers that may influence the water resources
within the ACF Basin. It is the intent of the parties to this Compact,
including the United States, to achieve compliance with the allocation
formula adopted in accordance with this Article. Accordingly, once an
allocation formula is adopted, each and every officer, agency, and
instrumentality of the United States shall have an obligation and duty,
to the maximum extent practicable, to exercise their powers, authority,
and discretion in a manner consistent with the allocation formula so
long as the exercise of such powers, authority, and discretion is not in
conflict with federal law.
``(c) Between the effective date of this Compact and the approval of
the allocation formula under this Article, the signatories to this
Compact agree that any person who is withdrawing, diverting, or
consuming water resources of the ACF Basin as of the effective date of
this Compact, may continue to withdraw, divert or consume such water
resources in accordance with the laws of the state where such person
resides or does business and in accordance
[[Page 111 STAT. 2224]]
with applicable federal laws. The parties to this Compact further agree
that any such person may increase the amount of water resources
withdrawn, diverted or consumed to satisfy reasonable increases in the
demand of such person for water between the effective date of this
Compact and the date on which an allocation formula is approved by the
ACF Basin Commission as permitted by applicable law. Each of the state
parties to this Compact further agree to provide written notice to each
of the other parties to this Compact in the event any person increases
the withdrawal, diversion or consumption of such water resources by more
than 10 million gallons per day on an average annual daily basis, or in
the event any person, who was not withdrawing, diverting or consuming
any water resources from the ACF Basin as of the effective date of this
Compact, seeks to withdraw, divert or consume more than one million
gallons per day on an average annual daily basis from such resources.
This Article shall not be construed as granting any permanent, vested or
perpetual rights to the amounts of water used between January 3, 1992
and the date on which the Commission adopts an allocation formula.
``(d) As the owner, operator, licensor, permitting authority or
regulator of a water resource facility under its jurisdiction, each
state shall be responsible for using its best efforts to achieve
compliance with the allocation formula adopted pursuant to this Article.
Each such state agrees to take such actions as may be necessary to
achieve compliance with the allocation formula.
``(e) This Compact shall not commit any state to agree to any data
generated by any study or commit any state to any allocation formula not
acceptable to such state.
``ARTICLE VIII
``CONDITIONS RESULTING IN TERMINATION OF THE COMPACT
``(a) This Compact shall be terminated and thereby be void and of no
further force and effect if any of the following events occur:
``(1) The legislatures of the states of Alabama, Florida and
Georgia each agree by general laws enacted by each state within
any three consecutive years that this Compact should be
terminated.
``(2) The United States Congress enacts a law expressly
repealing this Compact.
``(3) The States of Alabama, Florida and Georgia fail to
agree on an equitable apportionment of the surface waters of the
ACF as provided in Article VII(a) of this Compact by December
31, 1998, unless the voting members of the ACF Basin Commission
unanimously agree to extend this deadline.
``(4) The Federal Commissioner submits to the Commission a
letter of nonconcurrence in the initial allocation formula in
accordance with Article VII(a) of the Compact, unless the voting
members of the ACF Basin Commission unanimously agree to allow a
single 45 day period in which the non-voting Federal
Commissioner and the voting State Commissioners may renegotiate
an allocation formula and the Federal Commissioner withdraws the
letter of nonconcurrence upon completion of this renegotiation.
[[Page 111 STAT. 2225]]
``(b) If the Compact is terminated in accordance with this Article
it shall be of no further force and effect and shall not be the subject
of any proceeding for the enforcement thereof in any federal or state
court. Further, if so terminated, no party shall be deemed to have
acquired a specific right to any quantity of water because it has become
a signatory to this Compact.
``ARTICLE IX
``COMPLETION OF STUDIES PENDING ADOPTION OF ALLOCATION FORMULA
``The ACF Basin Commission, in conjunction with one or more
interstate, federal, state or local agencies, is hereby authorized to
participate in any study in process as of the effective
date of this Compact, including, without limitation, all or any part of
the Alabama-Coosa-Tallapoosa/Apalachicola-Chattahoochee-Flint River
Basin Comprehensive Water Resource Study, as may be determined by the
Commission in its sole discretion.
``ARTICLE X
``RELATIONSHIP TO OTHER LAWS
``(a) It is the intent of the party states and of the United States
Congress by ratifying this Compact, that all state and federal officials
enforcing, implementing or administering other state and federal laws
affecting the ACF Basin shall, to the maximum extent practicable,
enforce, implement or administer those laws in furtherance of the
purposes of this Compact and the allocation formula adopted by the
Commission insofar as such actions are not in conflict with applicable
federal laws.
``(b) Nothing contained in this Compact shall be deemed to restrict
the executive powers of the President in the event of a national
emergency.
``(c) Nothing contained in this Compact shall impair or affect the
constitutional authority of the United States or any of its powers,
rights, functions or jurisdiction under other existing or future laws in
and over the area or waters which are the subject of the Compact,
including projects of the Commission, nor shall any act of the
Commission have the effect of repealing, modifying or amending any
federal law. All officers, agencies and instrumentalities of the United
States shall exercise their powers and authority over water resources in
the ACF Basin and water resource facilities, and to the maximum extent
practicable, shall exercise their discretion in carrying out their
responsibilities, powers, and authorities over water resources in the
ACF Basin and water resource facilities in the ACF Basin in a manner
consistent with and that effectuates the allocation formula developed
pursuant to this Compact or any modification of the allocation formula
so long as the actions are not in conflict with any applicable federal
law. The United States Army Corps of Engineers, or its successors, and
all other federal agencies and instrumentalities shall cooperate with
the ACF Basin Commission in accomplishing the purposes of the Compact
and fulfilling the obligations of each of the parties to the Compact
regarding the allocation formula.
``(d) Once adopted by the three states and ratified by the United
States Congress, this Compact shall have the full force
[[Page 111 STAT. 2226]]
and effect of federal law, and shall supersede state and local laws
operating contrary to the provisions herein or the purposes of this
Compact; provided, however, nothing contained in this Compact shall be
construed as affecting or intending to affect or in any way to interfere
with the laws of the respective signatory states relating to water
quality, and riparian rights as among persons exclusively within each
state.
``ARTICLE XI
``PUBLIC PARTICIPATION
``All meetings of the Commission shall be open to the public. The
signatory parties recognize the importance and necessity of public
participation in activities of the Commission, including the development
and adoption of the initial allocation formula and any modification
thereto. Prior to the adoption of the initial allocation formula, the
Commission shall adopt procedures ensuring public participation in the
development, review, and approval of the initial allocation formula and
any subsequent modification thereto. At a minimum, public notice to
interested parties and a comment period shall be provided. The
Commission shall respond in writing to relevant comments.
``ARTICLE XII
``FUNDING AND EXPENSES OF THE COMMISSION
``Commissioners shall serve without compensation from the ACF Basin
Commission. All general operational funding required by the Commission
and agreed to by the voting members shall obligate each state to pay an
equal share of such agreed upon funding. Funds remitted to the
Commission by a state in payment of such obligation shall not lapse;
provided, however, that if any state fails to remit payment within 90
days after payment is due, such obligation shall terminate and any state
which has made payment may have such payment returned. Costs of
attendance and participation at meetings of the Commission by the
Federal Commissioner shall be paid by the United States.
``ARTICLE XIII
``DISPUTE RESOLUTION
``(a) In the event of a dispute between two or more voting members
of this Compact involving a claim relating to compliance with the
allocation formula adopted by the Commission under this Compact, the
following procedures shall govern:
``(1) Notice of claim shall be filed with the Commission by
a voting member of this Compact and served upon each member of
the Commission. The notice shall provide a written statement of
the claim, including a brief narrative of the relevant matters
supporting the claimant's position.
``(2) Within twenty (20) days of the Commission's receipt of
a written statement of a claim, the party or parties to the
Compact against whom the complaint is made may prepare a brief
narrative of the relevant matters and file it with the
Commission and serve it upon each member of the Commission.
[[Page 111 STAT. 2227]]
``(3) Upon receipt of a claim and any response or responses
thereto, the Commission shall convene as soon as reasonably
practicable, but in no event later than twenty (20) days from
receipt of any response to the claim, and shall determine if a
resolution of the dispute is possible.
``(4) A resolution of a dispute under this Article through
unanimous vote of the State Commissioners shall be binding upon
the state parties and any state party determined to be in
violation of the allocation formula shall correct such violation
without delay.
``(5) If the Commission is unable to resolve the dispute
within 10 days from the date of the meeting convened pursuant to
subparagraph (a)(3) of this Article, the Commission shall
select, by unanimous decision of the voting members of the
Commission, an independent mediator to conduct a non-binding
mediation of the dispute. The mediator shall not be a resident
or domiciliary of any member state, shall not be an employee or
agent of any member of the Commission, shall be a person
knowledgeable in water resource management issues, and shall
disclose any and all current or prior contractual or other
relations to any member of the Commission. The expenses of the
mediator shall be paid by the Commission. If the mediator
becomes unwilling or unable to serve, the Commission by
unanimous decision of the voting members of the Commission,
shall appoint another independent mediator.
``(6) If the Commission fails to appoint an independent
mediator to conduct a non-binding mediation of the dispute
within seventy-five (75) days of the filing of the original
claim or within thirty (30) days of the date on which the
Commission learns that a mediator is unwilling or unable to
serve, the party submitting the claim shall have no further
obligation to bring the claim before the Commission and may
proceed by pursuing any appropriate remedies, including any and
all judicial remedies.
``(7) If an independent mediator is selected, the mediator
shall establish the time and location for the mediation session
or sessions and may request that each party to the Compact
submit, in writing, to the mediator a statement of its position
regarding the issue or issues in dispute. Such statements shall
not be exchanged by the parties except upon the unanimous
agreement of the parties to the mediation.
``(8) The mediator shall not divulge confidential
information disclosed to the mediator by the parties or by
witnesses, if any, in the course of the mediation. All records,
reports, or other documents received by a mediator while serving
as a mediator shall be considered confidential. The mediator
shall not be compelled in any adversary proceeding or judicial
forum to divulge the contents of such documents or the fact that
such documents exist or to testify in regard to the mediation.
``(9) Each party to the mediation shall maintain the
confidentiality of the information received during the mediation
and shall not rely on or introduce in any judicial proceeding as
evidence:
[[Page 111 STAT. 2228]]
``a. Views expressed or suggestions made by another
party regarding a settlement of the dispute;
``b. Proposals made or views expressed by the
mediator; or
``c. The fact that another party to the hearing had
or had not indicated a willingness to accept a proposal
for settlement of the dispute.
``(10) The mediator may terminate the non-binding mediation
session or sessions whenever, in the judgment of the mediator,
further efforts to resolve the dispute would not lead to a
resolution of the dispute between or among the parties. Any
party to the dispute may terminate the mediation process at any
time by giving written notification to the mediator and the
Commission. If terminated prior to reaching a resolution, the
party submitting the original claim to the Commission shall have
no further obligation to bring its claim before the Commission
and may proceed by pursuing any appropriate remedies, including
any and all judicial remedies.
``(11) The mediator shall have no authority to require the
parties to enter into a settlement of any dispute regarding the
Compact. The mediator may simply attempt to assist the parties
in reaching a mutually acceptable resolution of their dispute.
The mediator is authorized to conduct joint and separate
meetings with the parties to the mediation and to make oral or
written recommendations for a settlement of the dispute.
``(12) At any time during the mediation process, the
Commission is encouraged to take whatever steps it deems
necessary to assist the mediator or the parties to resolve the
dispute.
``(13) In the event of a proceeding seeking enforcement of
the allocation formula, this Compact creates a cause of action
solely for equitable relief. No action for money damages may be
maintained. The party or parties alleging a violation of the
Compact shall have the burden of proof.
``(b) In the event of a dispute between any voting member and the
United States relating to a state's noncompliance with the allocation
formula as a result of actions or a refusal to act by officers, agencies
or instrumentalities of the United States, the provisions set forth in
paragraph (a) of this Article (other than the provisions of subparagraph
(a)(4)) shall apply.
``(c) The United States may initiate dispute resolution under
paragraph (a) in the same manner as other parties to this Compact.
``(d) Any signatory party who is affected by any action of the
Commission, other than the adoption or enforcement of or compliance with
the allocation formula, may file a complaint before the ACF Basin
Commission seeking to enforce any provision of this Compact.
``(1) The Commission shall refer the dispute to an
independent hearing officer or mediator, to conduct a hearing or
mediation of the dispute. If the parties are unable to settle
their dispute through mediation, a hearing shall be held by the
Commission or its designated hearing officer. Following a
hearing conducted by a hearing officer, the hearing officer
shall submit a report to the Commission setting forth findings
of fact and conclusions of law, and making recommendations to
the Commission for the resolution of the dispute.
[[Page 111 STAT. 2229]]
``(2) The Commission may adopt or modify the recommendations
of the hearing officer within 60 days of submittal of the
report. If the Commission is unable to reach unanimous agreement
on the resolution of the dispute within 60 days of submittal of
the report with the concurrence of the Federal Commissioner in
disputes involving or affecting federal interests, the affected
party may file an action in any court of competent jurisdiction
to enforce the provisions of this Compact. The hearing officer's
report shall be of no force and effect and shall not be
admissible as evidence in any further proceedings.
``(e) All actions under this Article shall be subject to the
following provisions:
``(1) The Commission shall adopt guidelines and procedures
for the appointment of hearing officers or independent mediators
to conduct all hearings and mediations required under this
Article. The hearing officer or mediator appointed under this
Article shall be compensated by the Commission.
``(2) All hearings or mediations conducted under this
article may be conducted utilizing the Federal Administrative
Procedures Act, the Federal Rules of Civil Procedure, and the
Federal Rules of Evidence. The Commission may also choose to
adopt some or all of its own procedural and evidentiary rules
for the conduct of hearings or mediations under this Compact.
``(3) Any action brought under this Article shall be limited
to equitable relief only. This Compact shall not give rise to a
cause of action for money damages.
``(4) Any signatory party bringing an action before the
Commission under this Article shall have the burdens of proof
and persuasion.
``ARTICLE XIV
``ENFORCEMENT
``The Commission may, upon unanimous decision, bring an action
against any person to enforce any provision of this Compact, other than
the adoption or enforcement of or compliance with the allocation
formula, in any court of competent jurisdiction.
``ARTICLE XV
``IMPACTS ON OTHER STREAM SYSTEMS
``This Compact shall not be construed as establishing any general
principle or precedent applicable to any other interstate streams.
``ARTICLE XVI
``IMPACT OF COMPACT ON USE OF WATER WITHIN THE BOUNDARIES OF THE
COMPACTING STATES
``The provisions of this Compact shall not interfere with the right
or power of any state to regulate the use and control of water within
the boundaries of the state, providing such state action is not
inconsistent with the allocation formula.
[[Page 111 STAT. 2230]]
``ARTICLE XVII
``AGREEMENT REGARDING WATER QUALITY
``(a) The States of Alabama, Florida, and Georgia mutually agree to
the principle of individual State efforts to control man-made water
pollution from sources located and operating within each State and to
the continuing support of each State in active water pollution control
programs.
``(b) The States of Alabama, Florida, and Georgia agree to
cooperate, through their appropriate State agencies, in the
investigation, abatement, and control of sources of alleged interstate
pollution within the ACF River Basin whenever such sources are called to
their attention by the Commission.
``(c) The States of Alabama, Florida, and Georgia agree to cooperate
in maintaining the quality of the waters of the ACF River Basin.
``(d) The States of Alabama, Florida, and Georgia agree that no
State may require another state to provide water for the purpose of
water quality control as a substitute for or in lieu of adequate waste
treatment.
``ARTICLE XVIII
``EFFECT OF OVER OR UNDER DELIVERIES UNDER THE COMPACT
``No state shall acquire any right or expectation to the use of
water because of any other state's failure to use the full amount of
water allocated to it under this Compact.
``ARTICLE XIX
``SEVERABILITY
``If any portion of this Compact is held invalid for any reason, the
remaining portions, to the fullest extent possible, shall be severed
from the void portion and given the fullest possible force, effect, and
application.
``ARTICLE XX
``NOTICE AND FORMS OF SIGNATURE
``Notice of ratification of this Compact by the legislature of each
state shall promptly be given by the Governor of the ratifying state to
the Governors of the other participating states. When all three state
legislatures have ratified the Compact, notice of their mutual
ratification shall be forwarded to the Congressional delegation of the
signatory states for submission to the Congress of the United States for
ratification. When the Compact is ratified by the Congress of the United
States, the President, upon signing the Federal ratification
legislation, shall promptly notify the Governors of the participating
states and appoint the Federal Commissioner. The Compact shall be signed
by all four Commissioners as their first order of business at their
first meeting and shall be filed of record in the party states.''.
[[Page 111 STAT. 2231]]
SEC. 2. INCONSISTENCY OF LANGUAGE.
The validity of the Compact consented to by this Act shall not be
affected by any insubstantial difference in its form or language as
adopted by the States.
SEC. 3. RIGHT TO ALTER, AMEND, OR REPEAL.
The right to alter, amend, or repeal this joint resolution is hereby
expressly reserved.
SEC. 4. RESERVATIONS.
To ensure participation of Federal agencies during the development
of the allocation formula and participation in all technical working
groups and meetings in which the terms and conditions of the allocation
formula are negotiated and to preserve Federal discretion under law, the
consent of Congress to, and participation of the United States in, the
Apalachicola-Chattahoochee-Flint
River Basin Compact, is subject to the following conditions and
reservations:
(1) Representatives of any Federal agency may attend any and
all meetings of the Commission.
(2) Upon the request of the Federal Commissioner,
representatives of any Federal agency may participate in any
meetings of technical committees, if any, of the Commission at
which the basis or terms and conditions of the allocation
formula or modifications to the allocation formula are to be
discussed or negotiated.
(3) The Federal Commissioner shall be given notice of any
meeting of the Commission or any meeting of technical
committees, if any, of the Commission at which compliance with
the allocation formula by one or more officers, agencies, or
instrumentalities of the United States is to be discussed.
(4) Under the provisions of Article VII(a), the Federal
Commissioner may submit a letter of concurrence with the
allocation formula unanimously adopted by the State
Commissioners within 255 days of such adoption.
(5) No mediator shall be selected under Article XIII(b) or
Article XIII(c) without the concurrence of the Federal
Commissioner and no resolution of a dispute under Article
XIII(c) shall be made binding on the United States without the
concurrence of the Federal Commissioner.
(6) The obligations of employees, agencies, and
instrumentalities of the United States pursuant to Articles
VII(b), X(a), and X(c) to exercise their discretion, to the
maximum extent practicable, in a manner consistent with the
allocation formula shall not be construed to interfere with the
ability of such employees, agencies, and instrumentalities to
take actions
during emergency situations.
(7) As among water right holders within any one State,
nothing in this Compact shall be construed as affecting or
intending to affect or in any way to interfere with the laws of
the respective signatory States relating to riparian rights of
the United States in and to the waters of the Apalachicola-
Chattahoochee-Flint River Basin.
SEC. 5. EFFECTUATION.
(a) Federal Agency Authority.--To carry out the purposes of this
Compact, Federal agencies are authorized, as they may deem appropriate--
[[Page 111 STAT. 2232]]
(1) to engage in cooperative relationships with the
Commission;
(2) to conduct studies and monitoring programs in
cooperation with the Commission;
(3) to enter into agreements to indemnify private landowners
against liability that may arise from studies and
monitoring programs undertaken in cooperation with the
Commission; and
(4) to furnish assistance, including the provision of
services, facilities, and personnel, to the Federal
Commissioner.
(b) Appropriations.--Appropriations are authorized as necessary for
implementing the Compact, including appropriations for carrying out the
functions of the Federal Commissioner and
alternates and for employment of personnel by the Federal Commissioner.
Approved November 20, 1997.
LEGISLATIVE HISTORY--H.J. Res. 91:
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HOUSE REPORTS: No. 105-369 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 143 (1997):
Nov. 4, considered and passed House.
Nov. 7, considered and passed Senate.
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