12 2 STA T .375 2 PUBLIC LA W 11 0– 3 4 2 —O CT. 3 , 200 8andtheProvi n c e sw ith detai l ed and ti m el y notice and an o p por - t u nity to comment within 90 days on any Proposal f ora N ew or I ncreased C onsumptive U se of 5 million g allons per day or greater average in any 90-day period . Comments shall address whether or not the Proposal is consistent with the S tandard of R eview and D ecision. T he O riginating Party shall provide a response to any such comment received from another Party. ‘ ‘ 2 . A Party may provide notice , an opportunity to comment and a response to comments even if this is not re q uired under paragraph 1 of this Section. Any provision of such notice and opportunity to comment shall b e underta k en only after consulting the Applicant. ‘ ‘ Section4.7 . C o u nci lA ction s . ‘‘1. Proposals for Ex ceptions sub j ect to Council Review shall be submitted by the Originating Party to the Council for Council Review, and where applicable, to the Regional B ody for concurrent review. ‘‘2. The Council shall review and take action on Proposals in accordance with this Compact and the Standard of Review and Decision. The Council shall not take action on a Proposal subject to Regional Review pursuant to this Compact unless the Proposal shall have been first submitted to and reviewed by the Regional Body. The Council shall consider any findings resulting from such review. ‘‘Section 4. 8 . Pr o h i b ition o fN e w or I ncre a se dD i v ersions. ‘‘All New or Increased Diversions are prohibited, except as provided for in this Article. ‘‘Section 4. 9 . Ex ce p tions to the Prohibition of Diversions. ‘‘1. Straddling Communities. A Proposal to transfer W ater to an area within a Straddling Community but outside the Basin or outside the source G reat L ake Watershed shall be excepted from the prohibition against Diversions and be managed and regu- lated by the Originating Party provided that, regardless of the volume of Water transferred, all the Water so transferred shall be used solely for Public Water Supply Purposes within the Strad- dling Community, and
‘‘a. All Water Withdrawn from the Basin shall be returned, either naturally or after use, to the Source Watershed less an allowance for Consumptive Use. No surface water or ground- water from outside the Basin may be used to satisfy any portion of this criterion except if it: ‘‘i. Is part of a water supply or wastewater treatment system that combines water from inside and outside of the Basin
‘‘ii. Is treated to meet applicable water quality dis- charge standards and to prevent the introduction of invasive species into the Basin; ‘‘iii. M aximi z es the portion of water returned to the Source Watershed as Basin Water and minimizes the sur- face water or groundwater from outside the Basin; ‘‘b. If the Proposal results from a New or Increased With- drawal of 100,000 gallons per day or greater average over any 90-day period, the Proposal shall also meet the Exception Standard; and, ‘‘c. If the Proposal results in a New or Increased Consump- tive Use of 5 million gallons per day or greater average over Prop o sal s .
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