Page:United States Statutes at Large Volume 122.djvu/3764

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12 2 STA T .374 1 PUBLIC LA W 11 0– 342 —O CT. 3 , 200 8‘ ‘ Exceptionmeans a tr ans f er o f W ater t h at i se xc e p te du nder S ection 4.9 from the prohi b ition a g ainst D i v ersions in Section 4. 8 . ‘‘Exception S t a n d a r d means the standard for E xceptions estab l ished in Section 4.9.4. ‘‘ I ntra -B a s in T rans f er means the transfer of Water from the w atershed of one of the G reat L a k es into the watershed of another Great Lake. ‘‘ M eas u res means an y legislation , law, regulation, directive, re q uirement, guideline, program, policy, administrative practice or other procedure. ‘‘ N e w or Increased D i v ersion means a new Diversion, an increase in an existing Diversion, or the alteration of an existing Withdrawal so that it becomes a Diversion. ‘‘New or Increased W it h drawa l or C onsu m ptive U se means a new Withdrawal or C onsumptive U se or an increase in an existing Withdrawal or Consumptive Use. ‘‘ O ri g inating P art y means the P arty within whose j urisdiction an A pplication or registration is made or required. ‘‘Party means a State party to this Compact. ‘‘Person means a human being or a legal person, including a government or a nongovernmental organi z ation, including any scientific, professional, business, non - profit, or public interest organization or association that is neither affiliated with, nor under the direction of a government. ‘‘Product means something produced in the B asin by human or mechanical effort or through agricultural processes and used in manufacturing, commercial or other processes or intended for intermediate or end use consumers. ( i ) Water used as part of the packaging of a Product shall be considered to be part of the Product. (ii) O ther than Water used as part of the packaging of a Product, Water that is used primarily to transport materials in or out of the Basin is not a Product or part of a Product. (iii) Except as provided in (i) above, Water which is transferred as part of a public or private supply is not a Product or part of a Product. (iv) Water in its natural state such as in lakes, rivers, reservoirs, aquifers, or water basins is not a Product. ‘‘Proposal means a Withdrawal, Diversion or Consumptive Use of Water that is subject to this Compact. ‘‘Province means Ontario or Q ue ´ bec. ‘‘Pu b lic Water Supply Purposes means water distributed to the public through a physically connected system of treatment, storage and distribution facilities serving a group of largely residen- tial customers that may also serve industrial, commercial, and other institutional operators. Water Withdrawn directly from the Basin and not through such a system shall not be considered to be used for Public Water Supply Purposes. ‘‘ R egional Body means the members of the Council and the Premiers of Ontario and Que´ bec or their designee as established by the Agreement. ‘‘Regional Review means the collective review by the R egional Body as described in Article 4 of this Compact. ‘‘Source Watershed means the watershed from which a With- drawal originates. I f Water is Withdrawn directly from a Great Lake or from the St. Lawrence River, then the Source Watershed shall be considered to be the watershed of that Great Lake or the watershed of the St. Lawrence River, respectively. If Water is Withdrawn from the watershed of a stream that is a direct