GEORGIA
HB 148 LC 14 6829
A BILL TO BE ENTITLED
AN ACT
2 Georgia Annotated, relating to interstate compacts, so as to
3 enact the Alabama-Coosa-Tallapoosa River Basin Compact; to
4 provide for effectiveness of the compact upon enactment of
5 concurrent legislation by the States of Alabama and Georgia
6 and the United States; to provide for the purposes of the
7 compact with respect to promoting interstate comity,
8 removing causes of controversies, apportioning surface
9 waters, engaging in water planning, and developing and
10 sharing data bases; to provide for the scope of and parties
11 to the compact; to define terms; to provide for conditions
12 under which the compact may be terminated; to create an
13 interstate administrative agency and provide for the
14 members, operations, and powers of such agency; to provide
15 for adoption of an allocation formula for apportionment of
16 surface waters; to provide for certain studies; to provide
17 for relationship of the compact to other laws; to provide
18 for funding for the commission by the member states; to
19 provide for enforcement; to provide for other related
20 matters; to repeal conflicting laws; and for other purposes.
21 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
22 SECTION 1.
23 Chapter 10 of Title 12 of the Official Code of Georgia
24 Annotated, relating to interstate compacts, is amended by
25 adding at its end a new Article 7 to read as follows:
26 "ARTICLE 7
27 12-10-110.
28 The Alabama-Coosa-Tallapoosa River Basin Compact is
29 enacted into law and entered into by the State of Georgia
30 with any and all jurisdictions legally joining therein in
31 accordance with its terms. The compact is substantially as
32 follows:
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1 'ALABAMA-COOSA-TALLAPOOSA RIVER BASIN COMPACT
2 The states of Alabama and Georgia and the United States of
3 America hereby agree to the following compact which shall
4 become effective upon enactment of concurrent legislation
5 by each respective state legislature and the Congress of
6 the United States.
7 SHORT TITLE
8 This Act shall be known and may be cited as the
9 "Alabama-Coosa-Tallapoosa River Basin Compact" and shall
10 be referred to hereafter in this document as the "ACT
11 Compact" or "Compact."
12 ARTICLE I
13 COMPACT PURPOSES
14 This Compact among the states of Alabama and Georgia and
15 the United States of America has been entered into for the
16 purposes of promoting interstate comity, removing causes
17 of present and future controversies, equitably
18 apportioning the surface waters of the ACT, engaging in
19 water planning, and developing and sharing common data
20 bases.
21 ARTICLE II
22 SCOPE OF THE COMPACT
23 This Compact shall extend to all of the waters arising
24 within the drainage basin of the ACT in the states of
25 Alabama and Georgia.
26 ARTICLE III
27 PARTIES
28 The parties to this Compact are the states of Alabama and
29 Georgia and the United States of America.
30 ARTICLE IV
31 DEFINITIONS
32 For the purposes of this Compact, the following words,
33 phrases and terms shall have the following meanings:
34 (a) "ACT Basin" or "ACT" means the area of natural
35 drainage into the Alabama River and its tributaries, the
36 Coosa River and its tributaries, and the Tallapoosa River
37 and its tributaries. Any reference to the rivers within
38 this Compact will be designated using the letters "ACT"
39 and when so referenced will mean each of these three
40 rivers and each of the tributaries to each such river.
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1 (b) "Allocation formula" means the methodology, in
2 whatever form, by which the ACT Basin Commission
3 determines an equitable apportionment of surface waters
4 within the ACT Basin among the two states. Such formula
5 may be represented by a table, chart, mathematical
6 calculation or any other expression of the Commission's
7 apportionment of waters pursuant to this compact.
8 (c) "Commission" or "ACT Basin Commission" means the
9 Alabama-Coosa-Tallapoosa River Basin Commission created
10 and established pursuant to this Compact.
11 (d) "Ground waters" means waters within a saturated zone
12 or stratum beneath the surface of land, whether or not
13 flowing through known and definite channels.
14 (e) "Person" means any individual, firm, association,
15 organization, partnership, business, trust, corporation,
16 public corporation, company, the United States of America,
17 any state, and all political subdivisions, regions,
18 districts, municipalities, and public agencies thereof.
19 (f) "Surface waters" means waters upon the surface of the
20 earth, whether contained in bounds created naturally or
21 artificially or diffused. Water from natural springs
22 shall be considered "surface waters" when it exits from
23 the spring onto the surface of the earth.
24 (g) "United States" means the executive branch of the
25 government of the United States of America, and any
26 department, agency, bureau or division thereof.
27 (h) "Water Resource Facility" means any facility or
28 project constructed for the impoundment, diversion,
29 retention, control or regulation of waters within the ACT
30 Basin for any purpose.
31 (i) "Water resources," or "waters" means all surface
32 waters and ground waters contained or otherwise
33 originating within the ACT Basin.
34 ARTICLE V
35 CONDITIONS PRECEDENT TO LEGAL VIABILITY OF THE COMPACT
36 This Compact shall not be binding on any party until it
37 has been enacted into law by the legislatures of the
38 states of Alabama and Georgia and by the Congress of the
39 United States of America.
40 ARTICLE VI
41 ACT BASIN COMMISSION CREATED
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1 (a) There is hereby created an interstate administrative
2 agency to be known as the "ACT Basin Commission." The
3 Commission shall be comprised of one member representing
4 the state of Alabama, one member representing the state of
5 Georgia, and one non-voting member representing the United
6 States of America. The state members shall be known as
7 "State Commissioners" and the federal member shall be
8 known as "Federal Commissioner." The ACT Basin Commission
9 is a body politic and corporate, with succession for the
10 duration of this Compact.
11 (b) The Governor of each of the states shall serve as the
12 State Commissioner for his or her state. Each State
13 Commissioner shall appoint one or more alternate members
14 and one of such alternates as designated by the State
15 Commissioner shall serve in the State Commissioner's place
16 and carry out the functions of the State Commissioner,
17 including voting on Commission matters, in the event the
18 State Commissioner is unable to attend a meeting of the
19 Commission. The alternate members from each state shall
20 be knowledgeable in the field of water resources
21 management. Unless otherwise provided by law of the state
22 for which an alternate State Commissioner is appointed,
23 each alternate State Commissioner shall serve at the
24 pleasure of the State Commissioner. In the event of a
25 vacancy in the office of an alternate, it shall be filled
26 in the same manner as an original appointment.
27 (c) The President of the United States of America shall
28 appoint the Federal Commissioner who shall serve as the
29 representative of all federal agencies with an interest in
30 the ACT. The President shall also appoint an alternate
31 Federal Commissioner to attend and participate in the
32 meetings of the Commission in the event the Federal
33 Commissioner is unable to attend meetings. When at
34 meetings, the alternate Federal Commissioner shall possess
35 all of the powers of the Federal Commissioner. The
36 Federal Commissioner and alternate appointed by the
37 President shall serve until they resign or their
38 replacements are appointed.
39 (d) Each state shall have one vote on the ACT Basin
40 Commission and the Commission shall make all decisions and
41 exercise all powers by unanimous vote of the two State
42 Commissioners. The Federal Commissioner shall not have a
43 vote but shall attend and participate in all meetings of
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1 the ACT Basin Commission to the same extent as the State
2 Commissioners.
3 (e) The ACT Basin Commission shall meet at least once a
4 year at a date set at its initial meeting. Such initial
5 meeting shall take place within ninety days of the
6 ratification of the Compact by the Congress of the United
7 States and shall be called by the chairman of the
8 Commission. Special meetings of the Commission may be
9 called at the discretion of the chairman of the Commission
10 and shall be called by the chairman of the Commission upon
11 written request of any member of the Commission. All
12 members shall be notified of the time and place designated
13 for any regular or special meeting at least five days
14 prior to such meeting in one of the following ways: by
15 written notice mailed to the last mailing address given to
16 the Commission by each member, by facsimile, telegram or
17 by telephone. The Chairmanship of the Commission shall
18 rotate annually among the voting members of the Commission
19 on an alphabetical basis, with the first chairman to be
20 the State Commissioner representing the State of Alabama.
21 (f) All meetings of the Commission shall be open to the
22 public.
23 (g) The ACT Basin Commission, so long as the exercise of
24 power is consistent with this Compact, shall have the
25 following general powers:
26 (1) to adopt bylaws and procedures governing its
27 conduct;
28 (2) to sue and be sued in any court of competent
29 jurisdiction;
30 (3) to retain and discharge professional, technical,
31 clerical and other staff and such consultants as are
32 necessary to accomplish the purposes of this Compact;
33 (4) to receive funds from any lawful source and expend
34 funds for any lawful purpose;
35 (5) to enter into agreements or contracts, where
36 appropriate, in order to accomplish the purposes of this
37 Compact;
38 (6) to create committees and delegate responsibilities;
39 (7) to plan, coordinate, monitor, and make
40 recommendations for the water resources of the ACT Basin
41 for the purposes of, but not limited to, minimizing
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1 adverse impacts of floods and droughts and improving
2 water quality, water supply, and conservation as may be
3 deemed necessary by the Commission;
4 (8) to participate with other governmental and
5 non-governmental entities in carrying out the purposes
6 of this Compact;
7 (9) to conduct studies, to generate information
8 regarding the water resources of the ACT Basin, and to
9 share this information among the Commission members and
10 with others;
11 (10) to cooperate with appropriate state, federal, and
12 local agencies or any other person in the development,
13 ownership, sponsorship, and operation of water resource
14 facilities in the ACT Basin; provided, however, that the
15 Commission shall not own or operate a federally-owned
16 water resource facility unless authorized by the United
17 States Congress;
18 (11) to acquire, receive, hold and convey such personal
19 and real property as may be necessary for the
20 performance of its duties under the Compact; provided,
21 however, that nothing in this Compact shall be construed
22 as granting the ACT Basin Commission authority to issue
23 bonds or to exercise any right of eminent domain or
24 power of condemnation;
25 (12) to establish and modify an allocation formula for
26 apportioning the surface waters of the ACT Basin among
27 the states of Alabama and Georgia; and
28 (13) to perform all functions required of it by this
29 Compact and to do all things necessary, proper or
30 convenient in the performance of its duties hereunder,
31 either independently or in cooperation with any state or
32 the United States.
33 ARTICLE VII
34 EQUITABLE APPORTIONMENT
35 (a) It is the intent of the parties to this Compact to
36 develop an allocation formula for equitably apportioning
37 the surface waters of the ACT Basin among the states while
38 protecting the water quality, ecology and biodiversity of
39 the ACT, as provided in the Clean Water Act, 33 U.S.C.
40 Sections 1251 et seq., the Endangered Species Act, 16
41 U.S.C. Sections 1532 et seq., the National Environmental
42 Policy Act, 42 U.S.C. Sections 4321 et seq., the Rivers
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1 and Harbors Act of 1899, 33 U.S.C. Sections 401 et seq.,
2 and other applicable federal laws. For this purpose, all
3 members of the ACT Basin Commission, including the Federal
4 Commissioner, shall have full rights to notice of and
5 participation in all meetings of the ACT Basin Commission
6 and technical committees in which the basis and terms and
7 conditions of the allocation formula are to be discussed
8 or negotiated. When an allocation formula is unanimously
9 approved by the State Commissioners, there shall be an
10 agreement among the states regarding an allocation
11 formula. The allocation formula thus agreed upon shall
12 become effective and binding upon the parties to this
13 Compact upon receipt by the Commission of a letter of
14 concurrence with said formula from the Federal
15 Commissioner. If, however, the Federal Commissioner fails
16 to submit a letter of concurrence to the Commission within
17 two hundred ten (210) days after the allocation formula is
18 agreed upon by the State Commissioners, the Federal
19 Commissioner shall within forty-five (45) days thereafter
20 submit to the ACT Basin Commission a letter of
21 nonconcurrence with the allocation formula setting forth
22 therein specifically and in detail the reasons for
23 nonconcurrence; provided, however, the reasons for
24 nonconcurrence as contained in the letter of
25 nonconcurrence shall be based solely upon federal law.
26 The allocation formula shall also become effective and
27 binding upon the parties to this Compact if the Federal
28 Commissioner fails to submit to the ACT Basin Commission a
29 letter of nonconcurrence in accordance with this Article.
30 Once adopted pursuant to this Article, the allocation
31 formula may only be modified by unanimous decision of the
32 State Commissioners and the concurrence by the Federal
33 Commissioner in accordance with the procedures set forth
34 in this Article.
35 (b) The parties to this Compact recognize that the United
36 States operates certain projects within the ACT Basin that
37 may influence the water resources within the ACT Basin.
38 The parties to this Compact further acknowledge and
39 recognize that various agencies of the United States have
40 responsibilities for administering certain federal laws
41 and exercising certain federal powers that may influence
42 the water resources within the ACT Basin. It is the
43 intent of the parties to this Compact, including the
44 United States, to achieve compliance with the allocation
45 formula adopted in accordance with this Article.
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1 Accordingly, once an allocation formula is adopted, each
2 and every officer, agency, and instrumentality of the
3 United States shall have an obligation and duty, to the
4 maximum extent practicable, to exercise their powers,
5 authority, and discretion in a manner consistent with the
6 allocation formula so long as the exercise of such powers,
7 authority, and discretion is not in conflict with federal
8 law.
9 (c) Between the effective date of this Compact and the
10 approval of the allocation formula under this Article, the
11 signatories to this Compact agree that any person who is
12 withdrawing, diverting, or consuming water resources of
13 the ACT Basin as of the effective date of this Compact,
14 may continue to withdraw, divert or consume such water
15 resources in accordance with the laws of the state where
16 such person resides or does business and in accordance
17 with applicable federal laws. The parties to this Compact
18 further agree that any such person may increase the amount
19 of water resources withdrawn, diverted or consumed to
20 satisfy reasonable increases in the demand of such person
21 for water between the effective date of this Compact and
22 the date on which an allocation formula is approved by the
23 ACT Basin Commission as permitted by applicable law. Each
24 of the state parties to this Compact further agree to
25 provide written notice to each of the other parties to
26 this Compact in the event any person increases the
27 withdrawal, diversion or consumption of such water
28 resources by more than 10 million gallons per day on an
29 average annual daily basis, or in the event any person,
30 who was not withdrawing, diverting or consuming any water
31 resources from the ACT Basin as of the effective date of
32 this Compact, seeks to withdraw, divert or consume more
33 than one million gallons per day on an average annual
34 daily basis from such resources. This Article shall not
35 be construed as granting any permanent, vested or
36 perpetual rights to the amounts of water used between
37 January 3, 1992 and the date on which the Commission
38 adopts an allocation formula.
39 (d) As the owner, operator, licensor, permitting authority
40 or regulator of a water resource facility under its
41 jurisdiction, each state shall be responsible for using
42 its best efforts to achieve compliance with the allocation
43 formula adopted pursuant to this Article. Each such state
44 agrees to take such actions as may be necessary to achieve
45 compliance with the allocation formula.
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1 (e) This Compact shall not commit any state to agree to
2 any data generated by any study or commit any state to any
3 allocation formula not acceptable to such state.
4 ARTICLE VIII
5 CONDITIONS RESULTING IN TERMINATION OF THE COMPACT
6 (a) This Compact shall be terminated and thereby be void
7 and of no further force and effect if any of the following
8 events occur:
9 (1) The legislatures of the states of Alabama and
10 Georgia each agree by general laws enacted by each state
11 within any three consecutive years that this Compact
12 should be terminated.
13 (2) The United States Congress enacts a law expressly
14 repealing this Compact.
15 (3) The States of Alabama and Georgia fail to agree on
16 an equitable apportionment of the surface waters of the
17 ACT as provided in Article VII(a) of this Compact by
18 December 31, 1998, unless the voting members of the ACT
19 Basin Commission unanimously agree to extend this
20 deadline.
21 (4) The Federal Commissioner submits to the Commission a
22 letter of nonconcurrence in the initial allocation
23 formula in accordance with Article VII(a) of the
24 Compact, unless the voting members of the ACT Basin
25 Commission unanimously agree to allow a single 45 day
26 period in which the non-voting Federal Commissioner and
27 the voting State Commissioners may renegotiate an
28 allocation formula and the Federal Commissioner
29 withdraws the letter of nonconcurrence upon completion
30 of this renegotiation.
31 (b) If the Compact is terminated in accordance with this
32 Article it shall be of no further force and effect and
33 shall not be the subject of any proceeding for the
34 enforcement thereof in any federal or state court.
35 Further, if so terminated, no party shall be deemed to
36 have acquired a specific right to any quantity of water
37 because it has become a signatory to this Compact.
38 ARTICLE IX
39 COMPLETION OF STUDIES PENDING ADOPTION OF ALLOCATION FORMULA
40 The ACT Basin Commission, in conjunction with one or more
41 interstate, federal, state or local agencies, is hereby
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1 authorized to participate in any study in process as of
2 the effective date of this Compact, including, without
3 limitation, all or any part of the
4 Alabama-Coosa-Tallapoosa/Apalachicola-Chattahoochee-Flint
5 River Basin Comprehensive Water Resource Study, as may be
6 determined by the Commission in its sole discretion.
7 ARTICLE X
8 RELATIONSHIP TO OTHER LAWS
9 (a) It is the intent of the party states and of the United
10 States Congress by ratifying this Compact, that all state
11 and federal officials enforcing, implementing or
12 administering other state and federal laws affecting the
13 ACT Basin shall, to the maximum extent practicable,
14 enforce, implement or administer those laws in furtherance
15 of the purposes of this Compact and the allocation formula
16 adopted by the Commission insofar as such actions are not
17 in conflict with applicable federal laws.
18 (b) Nothing contained in this Compact shall be deemed to
19 restrict the executive powers of the President in the
20 event of a national emergency.
21 (c) Nothing contained in this Compact shall impair or
22 affect the constitutional authority of the United States
23 or any of its powers, rights, functions or jurisdiction
24 under other existing or future laws in and over the area
25 or waters which are the subject of the Compact, including
26 projects of the Commission, nor shall any act of the
27 Commission have the effect of repealing, modifying or
28 amending any federal law. All officers, agencies and
29 instrumentalities of the United States shall exercise
30 their powers and authority over water resources in the ACT
31 Basin and water resource facilities, and to the maximum
32 extent practicable, shall exercise their discretion in
33 carrying out their responsibilities, powers, and
34 authorities over water resources in the ACT Basin and
35 water resource facilities in the ACT Basin in a manner
36 consistent with and that effectuates the allocation
37 formula developed pursuant to this Compact or any
38 modification of the allocation formula so long as the
39 actions are not in conflict with any applicable federal
40 law. The United States Army Corps of Engineers, or its
41 successors, and all other federal agencies and
42 instrumentalities shall cooperate with the ACT Basin
43 Commission in accomplishing the purposes of the Compact
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1 and fulfilling the obligations of each of the parties to
2 the Compact regarding the allocation formula.
3 (d) Once adopted by the two states and ratified by the
4 United States Congress, this Compact shall have the full
5 force and effect of federal law, and shall supersede state
6 and local laws operating contrary to the provisions herein
7 or the purposes of this Compact; provided, however,
8 nothing contained in this Compact shall be construed as
9 affecting or intending to affect or in any way to
10 interfere with the laws of the respective signatory states
11 relating to water quality, and riparian rights as among
12 persons exclusively within each state.
13 ARTICLE XI
14 PUBLIC PARTICIPATION
15 All meetings of the Commission shall be open to the
16 public. The signatory parties recognize the importance
17 and necessity of public participation in activities of the
18 Commission, including the development and adoption of the
19 initial allocation formula and any modification thereto.
20 Prior to the adoption of the initial allocation formula,
21 the Commission shall adopt procedures ensuring public
22 participation in the development, review, and approval of
23 the initial allocation formula and any subsequent
24 modification thereto. At a minimum, public notice to
25 interested parties and a comment period shall be provided.
26 The Commission shall respond in writing to relevant
27 comments.
28 ARTICLE XII
29 FUNDING AND EXPENSES OF THE COMMISSION
30 Commissioners shall serve without compensation from the
31 ACT Basin Commission. All general operational funding
32 required by the Commission and agreed to by the voting
33 members shall obligate each state to pay an equal share of
34 such agreed upon funding. Funds remitted to the
35 Commission by a state in payment of such obligation shall
36 not lapse; provided, however, that if any state fails to
37 remit payment within 90 days after payment is due, such
38 obligation shall terminate and any state which has made
39 payment may have such payment returned. Costs of
40 attendance and participation at meetings of the Commission
41 by the Federal Commissioner shall be paid by the United
42 States.
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1 ARTICLE XIII
2 DISPUTE RESOLUTION
3 (a) In the event of a dispute between the voting members
4 of this Compact involving a claim relating to compliance
5 with the allocation formula adopted by the Commission
6 under this Compact, the following procedures shall govern:
7 (1) Notice of claim shall be filed with the Commission
8 by a voting member of this Compact and served upon each
9 member of the Commission. The notice shall provide a
10 written statement of the claim, including a brief
11 narrative of the relevant matters supporting the
12 claimant's position.
13 (2) Within twenty (20) days of the Commission's receipt
14 of a written statement of a claim, the party or parties
15 to the Compact against whom the complaint is made may
16 prepare a brief narrative of the relevant matters and
17 file it with the Commission and serve it upon each
18 member of the Commission.
19 (3) Upon receipt of a claim and any response or
20 responses thereto, the Commission shall convene as soon
21 as reasonably practicable, but in no event later than
22 twenty (20) days from receipt of any response to the
23 claim, and shall determine if a resolution of the
24 dispute is possible.
25 (4) A resolution of a dispute under this Article through
26 unanimous vote of the State Commissioners shall be
27 binding upon the state parties and any state party
28 determined to be in violation of the allocation formula
29 shall correct such violation without delay.
30 (5) If the Commission is unable to resolve the dispute
31 within 10 days from the date of the meeting convened
32 pursuant to subparagraph (a)(3) of this Article, the
33 Commission shall select, by unanimous decision of the
34 voting members of the Commission, an independent
35 mediator to conduct a non-binding mediation of the
36 dispute. The mediator shall not be a resident or
37 domiciliary of any member state, shall not be an
38 employee or agent of any member of the Commission, shall
39 be a person knowledgeable in water resource management
40 issues, and shall disclose any and all current or prior
41 contractual or other relations to any member of the
42 Commission. The expenses of the mediator shall be paid
43 by the Commission. If the mediator becomes unwilling or
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1 unable to serve, the Commission by unanimous decision of
2 the voting members of the Commission, shall appoint
3 another independent mediator.
4 (6) If the Commission fails to appoint an independent
5 mediator to conduct a non-binding mediation of the
6 dispute within seventy-five (75) days of the filing of
7 the original claim or within thirty (30) days of the
8 date on which the Commission learns that a mediator is
9 unwilling or unable to serve, the party submitting the
10 claim shall have no further obligation to bring the
11 claim before the Commission and may proceed by pursuing
12 any appropriate remedies, including any and all judicial
13 remedies.
14 (7) If an independent mediator is selected, the mediator
15 shall establish the time and location for the mediation
16 session or sessions and may request that each party to
17 the Compact submit, in writing, to the mediator a
18 statement of its position regarding the issue or issues
19 in dispute. Such statements shall not be exchanged by
20 the parties except upon the unanimous agreement of the
21 parties to the mediation.
22 (8) The mediator shall not divulge confidential
23 information disclosed to the mediator by the parties or
24 by witnesses, if any, in the course of the mediation.
25 All records, reports, or other documents received by a
26 mediator while serving as a mediator shall be considered
27 confidential. The mediator shall not be compelled in
28 any adversary proceeding or judicial forum to divulge
29 the contents of such documents or the fact that such
30 documents exist or to testify in regard to the
31 mediation.
32 (9) Each party to the mediation shall maintain the
33 confidentiality of the information received during the
34 mediation and shall not rely on or introduce in any
35 judicial proceeding as evidence:
36 a. Views expressed or suggestions made by another
37 party regarding a settlement of the dispute;
38 b. Proposals made or views expressed by the mediator;
39 or
40 c. The fact that another party to the hearing had or
41 had not indicated a willingness to accept a proposal
42 for settlement of the dispute.
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1 (10) The mediator may terminate the non-binding
2 mediation session or sessions whenever, in the judgment
3 of the mediator, further efforts to resolve the dispute
4 would not lead to a resolution of the dispute between or
5 among the parties. Any party to the dispute may
6 terminate the mediation process at any time by giving
7 written notification to the mediator and the Commission.
8 If terminated prior to reaching a resolution, the party
9 submitting the original claim to the Commission shall
10 have no further obligation to bring its claim before the
11 Commission and may proceed by pursuing any appropriate
12 remedies, including any and all judicial remedies.
13 (11) The mediator shall have no authority to require the
14 parties to enter into a settlement of any dispute
15 regarding the Compact. The mediator may simply attempt
16 to assist the parties in reaching a mutually acceptable
17 resolution of their dispute. The mediator is authorized
18 to conduct joint and separate meetings with the parties
19 to the mediation and to make oral or written
20 recommendations for a settlement of the dispute.
21 (12) At any time during the mediation process, the
22 Commission is encouraged to take whatever steps it deems
23 necessary to assist the mediator or the parties to
24 resolve the dispute.
25 (13) In the event of a proceeding seeking enforcement of
26 the allocation formula, this Compact creates a cause of
27 action solely for equitable relief. No action for money
28 damages may be maintained. The party or parties
29 alleging a violation of the Compact shall have the
30 burden of proof.
31 (b) In the event of a dispute between any voting member
32 and the United States relating to a state's noncompliance
33 with the allocation formula as a result of actions or a
34 refusal to act by officers, agencies or instrumentalities
35 of the United States, the provisions set forth in
36 paragraph (a) of this Article (other than the provisions
37 of subparagraph (a)(4)) shall apply.
38 (c) The United States may initiate dispute resolution
39 under paragraph (a) in the same manner as other parties to
40 this Compact.
41 (d) Any signatory party who is affected by any action of
42 the Commission, other than the adoption or enforcement of
43 or compliance with the allocation formula, may file a
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1 complaint before the ACT Basin Commission seeking to
2 enforce any provision of this Compact.
3 (1) The Commission shall refer the dispute to an
4 independent hearing officer or mediator, to conduct a
5 hearing or mediation of the dispute. If the parties are
6 unable to settle their dispute through mediation, a
7 hearing shall be held by the Commission or its
8 designated hearing officer. Following a hearing
9 conducted by a hearing officer, the hearing officer
10 shall submit a report to the Commission setting forth
11 findings of fact and conclusions of law, and making
12 recommendations to the Commission for the resolution of
13 the dispute.
14 (2) The Commission may adopt or modify the
15 recommendations of the hearing officer within 60 days of
16 submittal of the report. If the Commission is unable to
17 reach unanimous agreement on the resolution of the
18 dispute within 60 days of submittal of the report with
19 the concurrence of the Federal Commissioner in disputes
20 involving or affecting federal interests, the affected
21 party may file an action in any court of competent
22 jurisdiction to enforce the provisions of this Compact.
23 The hearing officer's report shall be of no force and
24 effect and shall not be admissible as evidence in any
25 further proceedings.
26 (e) All actions under this Article shall be subject to the
27 following provisions:
28 (1) The Commission shall adopt guidelines and procedures
29 for the appointment of hearing officers or independent
30 mediators to conduct all hearings and mediations
31 required under this Article. The hearing officer or
32 mediator appointed under this Article shall be
33 compensated by the Commission.
34 (2) All hearings or mediations conducted under this
35 article may be conducted utilizing the Federal
36 Administrative Procedures Act, the Federal Rules of
37 Civil Procedure, and the Federal Rules of Evidence. The
38 Commission may also choose to adopt some or all of its
39 own procedural and evidentiary rules for the conduct of
40 hearings or mediations under this Compact.
41 (3) Any action brought under this Article shall be
42 limited to equitable relief only. This Compact shall
43 not give rise to a cause of action for money damages.
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1 (4) Any signatory party bringing an action before the
2 Commission under this Article shall have the burdens of
3 proof and persuasion.
4 ARTICLE XIV
5 ENFORCEMENT
6 The Commission may, upon unanimous decision, bring an
7 action against any person to enforce any provision of this
8 Compact, other than the adoption or enforcement of or
9 compliance with the allocation formula, in any court of
10 competent jurisdiction.
11 ARTICLE XV
12 IMPACTS ON OTHER STREAM SYSTEMS
13 This Compact shall not be construed as establishing any
14 general principle or precedent applicable to any other
15 interstate streams.
16 ARTICLE XVI
17 IMPACT OF COMPACT ON USE OF WATER WITHIN
18 THE BOUNDARIES OF THE COMPACTING STATES
19 The provisions of this Compact shall not interfere with
20 the right or power of any state to regulate the use and
21 control of water within the boundaries of the state,
22 providing such state action is not inconsistent with the
23 allocation formula.
24 ARTICLE XVII
25 AGREEMENT REGARDING WATER QUALITY
26 (a) The States of Alabama and Georgia mutually agree to
27 the principle of individual State efforts to control
28 man-made water pollution from sources located and
29 operating within each State and to the continuing support
30 of each State in active water pollution control programs.
31 (b) The States of Alabama and Georgia agree to cooperate,
32 through their appropriate State agencies, in the
33 investigation, abatement, and control of sources of
34 alleged interstate pollution within the ACT River Basin
35 whenever such sources are called to their attention by the
36 Commission.
37 (c) The States of Alabama and Georgia agree to cooperate
38 in maintaining the quality of the waters of the ACT River
39 Basin.
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1 (d) The States of Alabama and Georgia agree that no State
2 may require another state to provide water for the purpose
3 of water quality control as a substitute for or in lieu of
4 adequate waste treatment.
5 ARTICLE XVIII
6 EFFECT OF OVER OR UNDER DELIVERIES UNDER THE COMPACT
7 No state shall acquire any right or expectation to the use
8 of water because of any other state's failure to use the
9 full amount of water allocated to it under this Compact.
10 ARTICLE XIX
11 SEVERABILITY
12 If any portion of this Compact is held invalid for any
13 reason, the remaining portions, to the fullest extent
14 possible, shall be severed from the void portion and given
15 the fullest possible force, effect, and application.
16 ARTICLE XX
17 NOTICE AND FORMS OF SIGNATURE
18 Notice of ratification of this Compact by the legislature
19 of each state shall promptly be given by the Governor of
20 the ratifying state to the Governor of the other
21 participating state. When the two state legislatures have
22 ratified the Compact, notice of their mutual ratification
23 shall be forwarded to the Congressional delegation of the
24 signatory states for submission to the Congress of the
25 United States for ratification. When the Compact is
26 ratified by the Congress of the United States, the
27 President, upon signing the federal ratification
28 legislation, shall promptly notify the Governors of the
29 participating states and appoint the Federal Commissioner.
30 The Compact shall be signed by all three Commissioners as
31 their first order of business at their first meeting and
32 shall be filed of record in the party states.'"
33 SECTION 2.
34 All laws and parts of laws in conflict with this Act are
35 repealed.
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