CODING: Words stricken are deletions; words underlined are additions.House Bill 0819
Florida House of Representatives - 1997 HB 819
By Representative Rayson
1 A bill to be entitled
2 An act relating to water resources; creating
3 the Apalachicola-Chattahoochee-Flint River
4 Basin Compact; providing for enactment by
5 certain state legislatures and the United
6 States Congress; providing purposes; providing
7 scope; providing parties; providing
8 definitions; providing for legal viability;
9 creating the Apalachicola-Chattahoochee-Flint
10 River Basin Commission; providing for
11 appointments, organization, powers, and duties;
12 providing for development of an allocation
13 formula for the equitable apportionment of
14 surface waters; providing for termination of
15 the compact; providing for completion of
16 certain water resource studies; providing for
17 relationship of the compact to other laws;
18 providing for public participation; providing
19 for funding of the commission's operations;
20 providing procedures for resolution of
21 disputes; providing for enforcement actions;
22 providing for inapplicability to other stream
23 systems; preserving certain water-use rights
24 within a member state; providing agreements
25 regarding water quality; providing for effect
26 of underuse of a state's water allocation;
27 providing severability; providing for notice of
28 ratifications; requiring signatures to and
29 recording of compact; providing an effective
30 date.
31
1
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 819
288-161A-97
1 Be It Enacted by the Legislature of the State of Florida:
2
3 Section 1. Short title.--This act may be cited as the
4 "Apalachicola-Chattahoochee-Flint River Basin Compact."
5 Section 2. Apalachicola-Chattahoochee-Flint River
6 Basin Compact.--The Apalachicola-Chattahoochee-Flint River
7 Basin Compact is hereby enacted into law and entered into by
8 this state and shall take effect upon enactment of concurrent
9 legislation in substantially the following form by the
10 legislatures of the States of Alabama and Georgia and by the
11 Congress of the United States.
12 APALACHICOLA-CHATTAHOOCHEE-FLINT
13 RIVER BASIN COMPACT
14 ARTICLE I
15 COMPACT PURPOSES.--This compact among the States of
16 Alabama, Florida, and Georgia and the United States has been
17 entered into for the purposes of promoting interstate comity,
18 removing causes of present and future controversies, equitably
19 apportioning the surface waters of the ACF, engaging in water
20 planning, and developing and sharing common databases.
21 ARTICLE II
22 SCOPE OF THE COMPACT.--This compact shall extend to all
23 of the waters arising within the drainage basin of the ACF in
24 the States of Alabama, Florida, and Georgia.
25 ARTICLE III
26 PARTIES.--The parties to this compact are the States of
27 Alabama, Florida, and Georgia and the United States.
28 ARTICLE IV
29 DEFINITIONS.--For the purposes of this compact, the
30 following words, phrases, and terms shall have the following
31 meanings:
2
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 819
288-161A-97
1 (a) "ACF Basin" or "ACF" means the area of natural
2 drainage into the Apalachicola River and its tributaries, the
3 Chattahoochee River and its tributaries, and the Flint River
4 and its tributaries. Any reference to the rivers within this
5 compact shall be designated using the letters "ACF" and when
6 so referenced shall mean each of these three rivers and each
7 of the tributaries to each such river.
8 (b) "Allocation formula" means the methodology, in
9 whatever form, by which the ACF Basin Commission determines an
10 equitable apportionment of surface waters within the ACF Basin
11 among the three states. Such formula may be represented by a
12 table, chart, mathematical calculation, or any other
13 expression of the commission's apportionment of waters
14 pursuant to this compact.
15 (c) "Commission" or "ACF Basin Commission" means the
16 Apalachicola-Chattahoochee-Flint River Basin Commission
17 created and established pursuant to this compact.
18 (d) "Groundwaters" means waters within a saturated
19 zone or stratum beneath the surface of land, whether or not
20 flowing through known and definite channels.
21 (e) "Person" means any individual, firm, association,
22 organization, partnership, business, trust, corporation,
23 public corporation, company, the United States of America, and
24 any state, and all political subdivisions, regions, districts,
25 municipalities, and public agencies thereof.
26 (f) "Surface waters" means waters upon the surface of
27 the earth, whether contained in bounds created naturally or
28 artificially or diffused. Water from natural springs shall be
29 considered "surface waters" when it exits from the spring onto
30 the surface of the earth.
31
3
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 819
288-161A-97
1 (g) "United States" means the executive branch of the
2 Government of the United States of America, and any
3 department, agency, bureau, or division thereof.
4 (h) "Water resource facility" means any facility or
5 project constructed for the impoundment, diversion, retention,
6 control, or regulation of waters within the ACF Basin for any
7 purpose.
8 (i) "Water resources" or "waters" means all surface
9 waters and groundwaters contained or otherwise originating
10 within the ACF Basin.
11 ARTICLE V
12 LEGAL VIABILITY OF THE COMPACT.--This compact shall not
13 be binding on any party until it has been enacted into law by
14 the legislatures of the States of Alabama, Florida, and
15 Georgia and by the Congress of the United States.
16 ARTICLE VI
17 ACF BASIN COMMISSION CREATED.--
18 (a) There is hereby created an interstate
19 administrative agency to be known as the "ACF Basin
20 Commission." The commission shall be composed of one member
21 representing the State of Alabama, one member representing the
22 State of Florida, one member representing the State of
23 Georgia, and one nonvoting member representing the United
24 States. The state members shall be known as "state
25 commissioners" and the federal member shall be known as the
26 "federal commissioner." The ACF Basin Commission is a body
27 politic and corporate, with succession for the duration of
28 this compact.
29 (b) The Governor of each of the states shall serve as
30 the state commissioner for his or her state. Each state
31 commissioner shall appoint one or more alternate members, and
4
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 819
288-161A-97
1 one of such alternate members shall serve in the state
2 commissioner's place and carry out the functions of the state
3 commissioner, including voting on commission matters, in the
4 event the state commissioner is unable to attend a meeting of
5 the commission. The alternate members from each state shall be
6 knowledgeable in the field of water resources management.
7 Unless otherwise provided by law of the state for which an
8 alternate state commissioner is appointed, each alternate
9 state commissioner shall serve at the pleasure of the state
10 commissioner. In the event of a vacancy in the office of an
11 alternate, it shall be filled in the same manner as an
12 original appointment.
13 (c) The President of the United States shall appoint
14 the federal commissioner who shall serve as the representative
15 of all federal agencies with an interest in the ACF. The
16 President shall also appoint an alternate federal commissioner
17 to attend and participate in the meetings of the commission in
18 the event the federal commissioner is unable to attend
19 meetings. When at meetings, the alternate federal
20 commissioner shall possess all of the powers of the federal
21 commissioner. The federal commissioner and alternate
22 appointed by the President shall serve until they resign or
23 their replacements are appointed.
24 (d) Each state shall have one vote on the ACF Basin
25 Commission and the commission shall make all decisions and
26 exercise all powers by unanimous vote of the three state
27 commissioners. The federal commissioner shall not have a
28 vote, but shall attend and participate in all meetings of the
29 ACF Basin Commission to the same extent as the state
30 commissioners.
31
5
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 819
288-161A-97
1 (e) The ACF Basin Commission shall meet at least once
2 a year at a date set at its initial meeting. Such initial
3 meeting shall take place within 90 days after the ratification
4 of the compact by the Congress of the United States and shall
5 be called by the chair of the commission. Special meetings of
6 the commission may be called at the discretion of the chair of
7 the commission and shall be called by the chair of the
8 commission upon written request of any member of the
9 commission. All members shall be notified of the time and
10 place designated for any regular or special meeting at least 5
11 days prior to such meeting in one of the following ways: by
12 written notice mailed to the last mailing address given to the
13 commission by each member, by facsimile, by telegram, or by
14 telephone. The chair of the commission shall rotate annually
15 among the voting members of the commission on an alphabetical
16 basis, with the first chair to be the state commissioner
17 representing the State of Alabama.
18 (f) All meetings of the commission shall be open to
19 the public.
20 (g) The ACF Basin Commission, so long as the exercise
21 of power is consistent with this compact, shall have the
22 following general powers:
23 (1) To adopt bylaws and procedures governing its
24 conduct.
25 (2) To sue and be sued in any court of competent
26 jurisdiction.
27 (3) To retain and discharge professional, technical,
28 clerical, and other staff and such consultants as are
29 necessary to accomplish the purposes of this compact.
30 (4) To receive funds from any lawful source and expend
31 funds for any lawful purpose.
6
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 819
288-161A-97
1 (5) To enter into agreements or contracts, where
2 appropriate, in order to accomplish the purposes of this
3 compact.
4 (6) To create committees and delegate
5 responsibilities.
6 (7) To plan, coordinate, monitor, and make
7 recommendations for the water resources of the ACF Basin for
8 the purposes of, but not limited to, minimizing adverse
9 impacts of floods and droughts and improving water quality,
10 water supply, and conservation, as may be deemed necessary by
11 the commission.
12 (8) To participate with other governmental and
13 nongovernmental entities in carrying out the purposes of this
14 compact.
15 (9) To conduct studies, to generate information
16 regarding the water resources of the ACF Basin, and to share
17 this information among the commission members and with others.
18 (10) To cooperate with appropriate state, federal, and
19 local agencies or any other person in the development,
20 ownership, sponsorship, and operation of water resource
21 facilities in the ACF Basin. However, the commission shall not
22 own or operate a federally owned water resource facility
23 unless authorized by the United States Congress.
24 (11) To acquire, receive, hold, and convey such
25 personal and real property as may be necessary for the
26 performance of its duties under the compact. However, nothing
27 in this compact shall be construed as granting the ACF Basin
28 Commission authority to issue bonds or to exercise any right
29 of eminent domain or power of condemnation.
30
31
7
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 819
288-161A-97
1 (12) To establish and modify an allocation formula for
2 apportioning the surface waters of the ACF Basin among the
3 States of Alabama, Florida, and Georgia.
4 (13) To perform all functions required of it by this
5 compact and to do all things necessary, proper, or convenient
6 in the performance of its duties under this compact, either
7 independently or in cooperation with any state or the United
8 States.
9 ARTICLE VII
10 EQUITABLE APPORTIONMENT OF SURFACE WATERS.--
11 (a) It is the intent of the parties to this compact to
12 develop an allocation formula for equitably apportioning the
13 surface waters of the ACF Basin among the states while
14 protecting the water quality, ecology, and biodiversity of the
15 ACF, as provided in the Clean Water Act, 33 U.S.C., ss. 1251
16 et seq., the Endangered Species Act, 16 U.S.C., ss. 1532 et
17 seq., the National Environmental Policy Act, 42 U.S.C., ss.
18 4321 et seq., the Rivers and Harbors Act of 1899, 33 U.S.C.,
19 ss. 401 et seq., and other applicable federal laws. For this
20 purpose, all members of the ACF Basin Commission, including
21 the federal commissioner, shall have full rights to notice of
22 and participation in all meetings of the ACF Basin Commission
23 and technical committees in which the basis and terms and
24 conditions of the allocation formula are to be discussed or
25 negotiated. When an allocation formula is unanimously
26 approved by the state commissioners, there shall be an
27 agreement among the states regarding an allocation formula.
28 The allocation formula thus agreed upon shall become effective
29 and binding upon the parties to this compact upon receipt by
30 the commission of a letter of concurrence with the formula by
31 the federal commissioner. If, however, the federal
8
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 819
288-161A-97
1 commissioner fails to submit a letter of concurrence to the
2 commission within 210 days after the allocation formula is
3 agreed upon by the state commissioners, the federal
4 commissioner shall within 45 days thereafter submit to the ACF
5 Basin Commission a letter of nonconcurrence with the
6 allocation formula, setting forth specifically and in detail
7 the reasons for nonconcurrence. However, the reasons for
8 nonconcurrence as contained in the letter of nonconcurrence
9 shall be based solely upon federal law. The allocation
10 formula shall also become effective and binding upon the
11 parties to this compact if the federal commissioner fails to
12 submit to the ACF Basin Commission a letter of nonconcurrence
13 in accordance with this article. Once adopted pursuant to
14 this article, the allocation formula may only be modified by
15 unanimous decision of the state commissioners and the
16 concurrence by the federal commissioner in accordance with the
17 procedures set forth in this article.
18 (b) The parties to this compact recognize that the
19 United States operates certain projects within the ACF Basin
20 that may influence the water resources within the ACF Basin.
21 The parties to this compact further acknowledge and recognize
22 that various agencies of the United States have
23 responsibilities for administering certain federal laws and
24 exercising certain federal powers that may influence the water
25 resources within the ACF Basin. It is the intent of the
26 parties to this compact, including the United States, to
27 achieve compliance with the allocation formula adopted in
28 accordance with this article. Accordingly, once an allocation
29 formula is adopted, each and every officer, agency, and
30 instrumentality of the United States shall have an obligation
31 and duty, to the maximum extent practicable, to exercise their
9
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 819
288-161A-97
1 powers, authority, and discretion in a manner consistent with
2 the allocation formula, so long as the exercise of such
3 powers, authority, and discretion is not in direct conflict
4 with federal law.
5 (c) Between the effective date of this compact and the
6 date of approval of the allocation formula under this article,
7 the signatories to this compact agree that any person who is
8 withdrawing, diverting, or consuming water resources of the
9 ACF Basin as of the effective date of this compact may
10 continue to withdraw, divert, or consume such water resources
11 in accordance with the laws of the state where such person
12 resides or does business and in accordance with applicable
13 federal laws. The parties to this compact further agree that
14 any such person may increase the amount of water resources
15 withdrawn, diverted, or consumed to satisfy reasonable
16 increases in the demand of such person for water between the
17 effective date of this compact and the date on which an
18 allocation formula is approved by the ACF Basin Commission, as
19 permitted by applicable law. Each of the state parties to
20 this compact further agree to provide written notice to each
21 of the other parties to this compact in the event any person
22 increases the withdrawal, diversion, or consumption of such
23 water resources by more than 10 million gallons per day on an
24 average annual daily basis, or in the event any person who was
25 not withdrawing, diverting, or consuming any water resources
26 from the ACF Basin as of the effective date of this compact
27 seeks to withdraw, divert, or consume more than 1 million
28 gallons per day on an average annual daily basis from such
29 resources. This article shall not be construed as granting
30 any permanent, vested, or perpetual rights to the amounts of
31
10
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 819
288-161A-97
1 water used between January 3, 1992, and the date on which the
2 commission adopts an allocation formula.
3 (d) As the owner, operator, licensor, permitting
4 authority, or regulator of a water resource facility under its
5 jurisdiction, each state shall be responsible for using its
6 best efforts to achieve compliance with the allocation formula
7 adopted pursuant to this article. Each such state agrees to
8 take such actions as may be necessary to achieve compliance
9 with the allocation formula.
10 (e) This compact shall not commit any state to agree
11 to any data generated by any study or commit any state to any
12 allocation formula not acceptable to such state.
13 ARTICLE VIII
14 TERMINATION OF THE COMPACT.--
15 (a) This compact shall be terminated and thereby be
16 void and of no further force and effect if any of the
17 following events occur:
18 (1) The legislatures of the States of Alabama,
19 Florida, and Georgia each agree by general laws enacted by
20 each state within any 3 consecutive years that this compact
21 should be terminated.
22 (2) The United States enacts a law expressly repealing
23 this compact.
24 (3) The States of Alabama, Florida, and Georgia fail
25 to agree on an equitable apportionment of the surface waters
26 of the ACF as provided in Article VII(a) by December 31, 1998,
27 unless the voting members of the ACF Basin Commission
28 unanimously agree to extended this deadline.
29 (4) The federal commissioner submits to the commission
30 a letter of nonconcurrence in the initial allocation formula
31 in accordance with Article VII(a), unless the voting members
11
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 819
288-161A-97
1 of the commission unanimously agree to allow a single 45-day
2 period in which the nonvoting federal commissioner and the
3 voting state commissioners may renegotiate an allocation
4 formula and the federal commissioner withdraws the letter of
5 nonconcurrence upon completion of this renegotiation.
6 (b) If the compact is terminated in accordance with
7 this article it shall be of no further force and effect and
8 shall not be the subject of any proceeding for the enforcement
9 thereof in any federal or state court. Further, if so
10 terminated, no party shall be deemed to have acquired a
11 specific right to any quantity of water because it has become
12 a signatory to this compact.
13 ARTICLE IX
14 COMPLETION OF STUDIES PENDING ADOPTION OF ALLOCATION
15 FORMULA.--The ACF Basin Commission, in conjunction with one or
16 more interstate, federal, state, or local agencies, is hereby
17 authorized to participate in any study in process as of the
18 effective date of this compact, including, without limitation,
19 all or any part of the
20 Alabama-Coosa-Tallapoosa/Apalachicola-Chattahoochee-Flint
21 River Basin Comprehensive Water Resource Study, as may be
22 determined by the commission in its sole discretion.
23 ARTICLE X
24 RELATIONSHIP TO OTHER LAWS.--
25 (a) It is the intent of the party states and of the
26 United States Congress by ratifying this compact that all
27 state and federal officials enforcing, implementing, or
28 administering other state and federal laws affecting the ACF
29 Basin shall, to the maximum extent practicable, enforce,
30 implement, or administer those laws in furtherance of the
31 purposes of this compact and the allocation formula adopted by
12
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 819
288-161A-97
1 the commission, insofar as such actions are not in direct
2 conflict with other applicable federal laws.
3 (b) Nothing contained in this compact shall be deemed
4 to restrict the executive powers of the President in the event
5 of a national emergency.
6 (c) Nothing contained in this compact shall impair or
7 affect the constitutional authority of the United States or
8 any of its powers, rights, functions, or jurisdiction under
9 other existing or future laws in and over the area or waters
10 which are the subject of the compact, including projects of
11 the commission, nor shall any act of the commission have the
12 effect of repealing, modifying, or amending any federal law.
13 All officers, agencies, and instrumentalities of the United
14 States shall exercise their powers and authority over water
15 resources in the ACF Basin and water resource facilities, and,
16 to the maximum extent practicable, shall exercise their
17 discretion in carrying out their responsibilities, powers, and
18 authority over water resources in the ACF Basin and water
19 resource facilities in the ACF Basin in a manner consistent
20 with and that effectuates the allocation formula developed
21 pursuant to this compact or any modification of the allocation
22 formula, so long as the actions are not in conflict with any
23 applicable federal law. The United States Army Corps of
24 Engineers, or its successors, and all other federal agencies
25 and instrumentalities shall cooperate with the ACF Basin
26 Commission in accomplishing the purposes of the compact and
27 fulfilling the obligations of each of the parties to the
28 compact regarding the allocation formula.
29 (d) Once adopted by the three states and ratified by
30 the United States Congress, this compact shall have the full
31 force and effect of federal law, and shall supersede state and
13
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 819
288-161A-97
1 local laws operating contrary to the provisions or the
2 purposes of this compact. However, nothing contained in this
3 compact shall be construed as affecting or intending to
4 affect, or in any way to interfere with, the laws of the
5 respective signatory states relating to water quality, and
6 riparian rights as among persons exclusively within each
7 state.
8 ARTICLE XI
9 PUBLIC PARTICIPATION.--All meetings of the commission
10 shall be open to the public. The signatory parties recognize
11 the importance and necessity of public participation in
12 activities of the commission, including the development and
13 adoption of the initial allocation formula and any
14 modification thereto. Prior to the adoption of the initial
15 allocation formula, the commission shall adopt procedures
16 ensuring public participation in the development, review, and
17 approval of the initial allocation formula and any subsequent
18 modification thereto. At a minimum, public notice to
19 interested parties and a comment period shall be provided.
20 The commission shall respond in writing to relevant comments.
21 ARTICLE XII
22 FUNDING AND EXPENSES OF THE COMMISSION.--Commissioners
23 shall serve without compensation from the ACF Basin
24 Commission. All general operational funding required by the
25 commission and agreed to by the voting members shall obligate
26 each state to pay an equal share of such agreed-upon funding.
27 Funds remitted to the commission by a state in payment of such
28 obligation shall not lapse. However, if any state fails to
29 remit payment within 90 days after payment is due, such
30 obligation shall terminate and any state which has made
31 payment may have such payment returned. Costs of attendance
14
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 819
288-161A-97
1 and participation at meetings of the commission by the federal
2 commissioner shall be paid by the United States.
3 ARTICLE XIII
4 DISPUTE RESOLUTION.--
5 (a) In the event of a dispute between two or more
6 voting members of this compact involving a claim relating to
7 compliance with the allocation formula adopted by the
8 commission under this compact, the following procedures shall
9 govern:
10 (1) Notice of claim shall be filed with the commission
11 by a voting member of this compact and served upon each member
12 of the commission. The notice shall provide a written
13 statement of the claim, including a brief narrative of the
14 relevant matters supporting the claimant's position.
15 (2) Within 20 days after the commission's receipt of a
16 written statement of a claim, the party or parties to the
17 compact against whom the complaint is made may prepare a brief
18 narrative of the relevant matters and file it with the
19 commission and serve it upon each member of the commission.
20 (3) Upon receipt of a claim and any response or
21 responses thereto, the commission shall convene as soon as
22 reasonably practicable, but in no event later than 20 days
23 after receipt of any response to the claim, and shall
24 determine if a resolution of the dispute is possible.
25 (4) A resolution of a dispute under this article
26 through unanimous vote of the state commissioners shall be
27 binding upon the state parties, and any state party determined
28 to be in violation of the allocation formula shall correct
29 such violation without delay.
30 (5) If the commission is unable to resolve the dispute
31 within 10 days after the date of the meeting convened pursuant
15
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 819
288-161A-97
1 to subparagraph (a)(3), the commission shall select, by
2 unanimous decision of the voting members of the commission, an
3 independent mediator to conduct a nonbinding mediation of the
4 dispute. The mediator shall not be a resident or domiciliary
5 of any member state, shall not be an employee or agent of any
6 member of the commission, shall be a person knowledgeable in
7 water resource management issues, and shall disclose any and
8 all current or prior contractual or other relations to any
9 member of the commission. The expenses of the mediator shall
10 be paid by the commission. If the mediator becomes unwilling
11 or unable to serve, the commission, by unanimous decision of
12 the voting members of the commission, shall appoint another
13 independent mediator.
14 (6) If the commission fails to appoint an independent
15 mediator to conduct a nonbinding mediation of the dispute
16 within 75 days after the filing of the original claim or
17 within 30 days after the date on which the commission learns
18 that a mediator is unwilling or unable to serve, the party
19 submitting the claim shall have no further obligation to bring
20 the claim before the commission and may proceed by pursuing
21 any appropriate remedies, including any and all judicial
22 remedies.
23 (7) If an independent mediator is selected, the
24 mediator shall establish the time and location for the
25 mediation session or sessions and may request that each party
26 to the compact submit, in writing, to the mediator a statement
27 of its position regarding the issue or issues in dispute.
28 Such statements shall not be exchanged by the parties except
29 upon the unanimous agreement of the parties to the mediation.
30 (8) The mediator shall not divulge confidential
31 information disclosed to the mediator by the parties or by
16
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 819
288-161A-97
1 witnesses, if any, in the course of the mediation. All
2 records, reports, or other documents received by a mediator
3 while serving as a mediator shall be considered confidential.
4 The mediator shall not be compelled in any adversary
5 proceeding or judicial forum to divulge the contents of such
6 documents or the fact that such documents exist or to testify
7 in regard to the mediation.
8 (9) Each party to the mediation shall maintain the
9 confidentiality of the information received during the
10 mediation and shall not rely on or introduce in any judicial
11 proceeding as evidence:
12 a. Views expressed or suggestions made by another
13 party regarding a settlement of the dispute;
14 b. Proposals made or views expressed by the mediator;
15 or
16 c. The fact that another party to the hearing had or
17 had not indicated a willingness to accept a proposal for
18 settlement of the dispute.
19 (10) The mediator may terminate the nonbinding
20 mediation session or sessions whenever, in the judgment of the
21 mediator, further efforts to resolve the dispute would not
22 lead to a resolution of the dispute between or among the
23 parties. Any party to the dispute may terminate the mediation
24 process at any time by giving written notification to the
25 mediator and the commission. If terminated prior to reaching
26 a resolution, the party submitting the original claim to the
27 commission shall have no further obligation to bring its claim
28 before the commission and may proceed by pursuing any
29 appropriate remedies, including any and all judicial remedies.
30 (11) The mediator shall have no authority to require
31 the parties to enter into a settlement of any dispute
17
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 819
288-161A-97
1 regarding the compact. The mediator may simply attempt to
2 assist the parties in reaching a mutually acceptable
3 resolution of their dispute. The mediator is authorized to
4 conduct joint and separate meetings with the parties to the
5 mediation and to make oral or written recommendations for a
6 settlement of the dispute.
7 (12) At any time during the mediation process, the
8 commission is encouraged to take whatever steps it deems
9 necessary to assist the mediator or the parties to resolve the
10 dispute.
11 (13) In the event of a proceeding seeking enforcement
12 of the allocation formula, this compact creates a cause of
13 action solely for equitable relief. No action for money
14 damages may be maintained. The party or parties alleging a
15 violation of the compact shall have the burden of proof.
16 (b) In the event of a dispute between any voting
17 member and the United States relating to a state's
18 noncompliance with the allocation formula as a result of
19 actions or a refusal to act by officers, agencies, or
20 instrumentalities of the United States, the provisions set
21 forth in paragraph (a), other than the provisions of
22 subparagraph (a)(4), shall apply.
23 (c) The United States may initiate dispute resolution
24 under paragraph (a) in the same manner as other parties to
25 this compact.
26 (d) Any signatory party who is affected by any action
27 of the commission, other than the adoption or enforcement of
28 or compliance with the allocation formula, may file a
29 complaint before the ACF Basin Commission seeking to enforce
30 any provision of this compact.
31
18
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 819
288-161A-97
1 (1) The commission shall refer the dispute to an
2 independent hearing officer or mediator, to conduct a hearing
3 or mediation of the dispute. If the parties are unable to
4 settle their dispute through mediation, a hearing shall be
5 held by the commission or its designated hearing officer.
6 Following a hearing conducted by a hearing officer, the
7 hearing officer shall submit a report to the commission
8 setting forth findings of fact and conclusions of law and
9 making recommendations to the commission for the resolution of
10 the dispute.
11 (2) The commission may adopt or modify the
12 recommendations of the hearing officer within 60 days after
13 submittal of the report. If the commission is unable to reach
14 unanimous agreement on the resolution of the dispute within 60
15 days after submittal of the report, with the concurrence of
16 the federal commissioner in disputes involving or affecting
17 federal interests, the affected party may file an action in
18 any court of competent jurisdiction to enforce the provisions
19 of this compact. The hearing officer's report shall be of no
20 force and effect and shall not be admissible as evidence in
21 any further proceedings.
22 (e) All actions under this article shall be subject to
23 the following provisions:
24 (1) The commission shall adopt guidelines and
25 procedures for the appointment of hearing officers or
26 independent mediators to conduct all hearings and mediations
27 required under this article. The hearing officer or mediator
28 appointed under this article shall be compensated by the
29 commission.
30 (2) All hearings or mediations conducted under this
31 article may be conducted utilizing the Federal Administrative
19
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 819
288-161A-97
1 Procedures Act, the Federal Rules of Civil Procedure, and the
2 Federal Rules of Evidence. The commission may also choose to
3 adopt some or all of its own procedural and evidentiary rules
4 for the conduct of hearings or mediations under this compact.
5 (3) Any action brought under this article shall be
6 limited to equitable relief only. This compact shall not give
7 rise to a cause of action for money damages.
8 (4) Any signatory party bringing an action before the
9 commission under this article shall have the burdens of proof
10 and persuasion.
11 ARTICLE XIV
12 ENFORCEMENT.--The commission may, upon unanimous
13 decision, bring an action against any person to enforce any
14 provision of this compact, other than the adoption or
15 enforcement of, or compliance with, the allocation formula, in
16 any court of competent jurisdiction.
17 ARTICLE XV
18 IMPACT ON OTHER STREAM SYSTEMS.--This compact shall not
19 be construed as establishing any general principle or
20 precedent applicable to any other interstate streams.
21 ARTICLE XVI
22 IMPACT ON USE OF WATER WITHIN THE BOUNDARIES OF THE
23 COMPACTING STATES.--The provisions of this compact shall not
24 interfere with the right or power of any state to regulate the
25 use and control of water within the boundaries of the state,
26 provided such state action is not inconsistent with the
27 allocation formula.
28 ARTICLE XVII
29 AGREEMENT REGARDING WATER QUALITY.--
30 (a) The States of Alabama, Florida, and Georgia
31 mutually agree to the principle of individual state efforts to
20
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 819
288-161A-97
1 control manmade water pollution from sources located and
2 operating within each state and to the continuing support of
3 each state in active water pollution control programs.
4 (b) The States of Alabama, Florida, and Georgia agree
5 to cooperate, through their appropriate state agencies, in the
6 investigation, abatement, and control of sources of alleged
7 interstate pollution within the ACF River Basin, whenever such
8 sources are called to their attention by the commission.
9 (c) The States of Alabama, Florida, and Georgia agree
10 to cooperate in maintaining the quality of the waters of the
11 ACF River Basin.
12 (d) The States of Alabama, Florida, and Georgia agree
13 that no state may require another state to provide water for
14 the purpose of water quality control as a substitute for or in
15 lieu of adequate waste treatment.
16 ARTICLE XVIII
17 EFFECT OF OVER-DELIVERIES OR UNDER-DELIVERIES UNDER THE
18 COMPACT.--No state shall acquire any right or expectation to
19 the use of water because of any other state's failure to use
20 the full amount of water allocated to it under this compact.
21 ARTICLE XIX
22 SEVERABILITY.--If any portion of this compact is held
23 invalid for any reason, the remaining portions, to the fullest
24 extent possible, shall be severed from the void portion and
25 given the fullest possible force, effect, and application.
26 ARTICLE XX
27 NOTICE AND FORMS OF SIGNATURE.--Notice of ratification
28 of this compact by the legislature of each state shall
29 promptly be given by the Governor of the ratifying state to
30 the Governors of the other participating states. When all
31 three state legislatures have ratified the compact, notice of
21
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 819
288-161A-97
1 their mutual ratification shall be forwarded to the
2 Congressional Delegation of the signatory states for
3 submission to the Congress of the United States for
4 ratification. When the compact is ratified by the Congress of
5 the United States, the President, upon signing the federal
6 ratification legislation, shall promptly notify the Governors
7 of the participating states and appoint the federal
8 commissioner. The compact shall be signed by all four
9 commissioners as their first order of business at their first
10 meeting and shall be filed of record in the party states.
11 Section 3. This act shall take effect upon becoming a
12 law.
13
14 *****************************************
15 HOUSE SUMMARY
16
Creates the Apalachicola-Chattahoochee-Flint River Basin
17 Compact, to be entered into by Alabama, Florida, Georgia,
and the United States for the purpose of equitably
18 apportioning the waters of the basin and promoting
interstate water resource cooperation and planning.
19 Provides scope and definitions. Provides for legal
viability of the compact, once enacted by each state
20 legislature and the United States Congress. Creates a
commission with the power to employ staff, plan,
21 coordinate, monitor, and make recommendations regarding
water resources, enter into agreements and contracts,
22 conduct studies, cooperate in the development, operation,
and ownership of facilities, and acquire and convey
23 property for purposes of administering the compact.
Provides for establishment of an allocation formula for
24 equitable apportionment of the basin's surface waters.
Specifies conditions resulting in termination of the
25 compact. Provides for commission participation in
pending studies. Specifies relationship of the compact
26 with other laws. Provides for commission funding by the
states in equal shares. Provides for public participation
27 in commission proceedings. Provides procedures for
resolution of disputes and provides for enforcement
28 actions. Provides for agreement among the states to
control manmade water pollution and to cooperate in
29 controlling interstate pollution and maintaining basin
water quality. See bill for details.
30
31
22