MARVIN MANDEL, Governor                                 1093

3.   REVIEW AND APPROVAL BY THE COMMISSION SHALL
NOT BE REQUIRED FOR:

(i) PROJECTS WHICH FALL INTO AN EXEMPT
CLASSIFICATION OR DESIGNATION ESTABLISHED BY
LEGISLATIVE ACTION OF A SIGNATORY PARTY OR BY RULE OR
REGULATION OF AN OFFICE OR AGENCY OF A SIGNATORY PARTY
HAVING FUNCTIONS, POWERS, AND DUTIES IN THE PLANNING,
CONSERVATION, DEVELOPMENT, MANAGEMENT, OR CONTROL OF
WATER RESOURCES. THE SPONSORS OF THOSE PROJECTS ARE
NOT REQUIRED TO OBTAIN A PERMIT OR OTHER FORK OF
PERMISSION TO PROCEED WITH CONSTRUCTION OR
IMPLEMENTATION, UNLESS IT IS DETERMINED BY THE
COMMISSION OF BY THE AGENCY OF A SIGNATORY PARTY THAT
SUCH PROJECT OR PROJECTS MAY CAUSE AN ADVERSE, ADVERSE
CUMULATIVE, OR AN INTERSTATE EFFECT ON WATER RESOURCES
OF THE BASIN, AND THE PROJECT SPONSOR HAS BEEN
NOTIFIED IN WRITING BY THE COMMISSION OR BY THE AGENCY
OF A SIGNATORY PARTY THAT COMMISSION APPROVAL IS
REQUIRED.

(ii) PROJECTS WHICH ARE CLASSIFIED BY THE
COMMISSION AS NOT REQUIRING ITS REVIEW AND APPROVAL,
FOR SO LONG AS THEY ARE SO CLASSIFIED.

4.   THE COMMISSION SHALL APPROVE A PROJECT IF IT
DETERMINES THAT THE PROJECT IS NOT DETRIMENTAL TO THE
PROPER CONSERVATION, DEVELOPMENT, MANAGEMENT, OR
CONTROL OF THE WATER RESOURCES OF THE BASIN AND MAY
MODIFY AND APPROVE AS MODIFIED, OR MAY DISAPPROVE THE
PROJECT, IF IT DETERMINES THAT THE PROJECT IS NOT IN
THE BEST INTEREST OF THE CONSERVATION, DEVELOPMENT,
MANAGEMENT, OR CONTROL OF THE BASIN'S WATER RESOURCES,
OR IS IN CONFLICT WITH THE COMPREHENSIVE PLAN.

5.     THE COMMISSION, AFTER CONSULTATION WITH THE
APPROPRIATE OFFICES OR AGENCIES OF THE SIGNATORY
PARTIES, SHALL ESTABLISH THE PROCEDURE OF SUBMISSION,
REVIEW, AND CONSIDERATION OF PROJECTS. ANY PROCEDURE
FOR REVIEW AND APPROVAL OF DIVERSIONS OF WATER SHALL
INCLUDE PUBLIC HEARING ON DUE NOTICE GIVEN, WITH
OPPORTUNITY FOR INTERESTED PERSONS, AGENCIES,
GOVERNMENTAL UNITS, AND SIGNATORY PARTIES TO BE HEARD
AND TO PRESENT EVIDENCE. A COMPLETE TRANSCRIPT OF
THE PROCEEDINGS AT THE HEARING SHALL BE MADE AND
PRESERVED, AND IT SHALL BE MADE AVAILABLE UNDER RULES
FOR THAT PURPOSE ADOPTED BY THE COMMISSION.

6.   ANY DETERMINATION OF THE COMMISSION PURSUANT
TO THIS ARTICLE OR ANY ARTICLE OF THE COMPACT
PROVIDING FOR JUDICIAL REVIEW SHALL BE SUBJECT TO SUCH