Water Diversions from the Great Lakes:
Big New Agreement Up for Approval
Origin of the Issue
- in 1998, the Ontario government issued a permit allowing an Ontario company to pump 600 million liters per year from Lake Superior for sale in Asia
- outrage on both sides of the border stopped this plan
- the Great Lakes governors of Minnesota, Wisconsin, Illinois, Michigan, Indiana, Ohio, New York, and Pennsylvania, and provincial leaders (Quebec, Ontario) began to meet
- a rough plan evolved, the International Joint Commission
Resulting rules in place now (until a new agreement is signed)
- any governor/provincial leader can veto/approve a withdrawal/diversion (and vetoes have indeed happened, though most have been approved)
- the system is somewhat informal and arbitrary (creating a potential for lawsuits as well as for water grabs)
For perspective
- about one trillion gallons are now withdrawn daily (and 2.5 billion gallons of that is not returned)
- the Albany River system of Ontario takes more from Lake
- Superior than Chicago does from Lake Michigan
- this is just another "extractive industry" of our blue gold
Two new documents on the table
- The Great Lakes Basin Sustainable Water Resources Agreement (a "good faith" document to be signed by the states and the provinces)
- The Great Lakes Basin Water Resources Compact (here a simple majority can authorize a diversion without any Canadian concurrence, since there are two provinces vs. eight states)
Elements of the agreement as seen in the current draft of the documents
- covers large and/or new withdrawals/diversions, requiring regional approval
- usages of less than one million gallons/day, averaged over 30 days, are still just up to the individual states/provinces
- withdrawals of less than 100,000 gallons/day averaged over 30 days don't even need to be recorded
- requires users to do something positive in the watershed if they don't return the water
Good points to the proposed agreement
- includes groundwater (not covered by the existing, more informal system)
- codifies the system to make it less vulnerable to lawsuits
- the Ogallala aquifer is not in the Great Lakes Watershed
- will be easier for outside groups such as Sierra Club to get information, demand assessments of water budgets, etc.
Bad points to the proposed agreement
- the bar is too high on withdrawal/diversions (see piece) and some usage categories can be averaged over not a 30-day but sometimes a 120-day period (this really gives Big Ag a break because high seasonal usages can be averaged away)
- the regional approval structure is unfunded
- no protection against invasive species is included
- initial water inventories are not required and the one proposed in 1986 still has not been done
- it doesn't favor those who live in the Great Lakes watershed
- just having this agreement might invoke NAFTA, forbidding discrimination in favor of watershed residents, or anybody else
- native people/First Nation people not sufficiently consulted
What we might want to urge
- "no net loss" of water, or at least not more than 5% (this tends to be the Ontario environmentalist perspective)
- water must be returned in excellent condition: no adverse ecosystem effects
- it is certainly arguable that this agreement is better than the status quo
- stall for a better political position
- we do, of course, need to wait until the Sierra position is final (and those working on this issue weigh in on that)
Is it too late to do something about Great Lakes withdrawals/diversions?
- no, the Great Lakes governors/provincial leaders will release another draft, beginning what will probably be a new 30 or a 60 day comment period
- support is building from U.S. Indians and Canada's First Nations
- the Ontario government — after meeting with our Sierra Canadian colleagues — has said they won't sign (but note, above, that the main agreement can go on without Canada).
Legal elements to the issue are complex
- common law water rights remain
- Boundary Waters Treaty (1908) and International Joint Commission rules are in place now, too
- The Canadian federal government and the Great Lakes states can't really deal with each other since states can't sign treaties, but if the U.S. federal government is involved, it cannot favor a few Great Lake states over the rest of the 50 states — this is what keeps the issue at the state/province level, for now
- the documents themselves don't give the Great Lakes states/provinces any special status/rights over other states and provinces because it seems that would be an illegal restraint of interstate commerce
International elements also interesting
- ultimately, an international treaty between the U.S. and Canada may or may not be required. The Sierra Club U.S. and Sierra Club Canada are trying to reach an agreement ourselves, and the international committees in San Francisco and Canada will release a draft position in the next few weeks — until it does, those of us on this committee speak/write only as individuals. After that, it's time to really get going!
National politics are in here, too
- President Bush, campaigning in Michigan last fall, said he'd never let anyone take the Great Lakes water, in the issue's highest-profile mention so far
- no Great Lake senators/reps have spoken out on the online Great Lakes News Directory
Minnesota political angles
- we have the cleanest lake (but other places have high quality aquifers too)
- the proposed compact sets out a minimum standard — any state can be stricter
- local politicians don't seem to be aware of this issue
Allies for an environmental position
- Frank Ettawageshik, Harbor Springs, Michigan, leader of the Odawa (quite a few bands) is taking a leadership role
- Gorbechov's Green Cross International (give grants for freshwater supplies protection)
What we hope to do soon
- educate our senators and representatives on the issue
- get those public officials to speak to the media on it
- do more public education
- have a poll done statewide
- identify professors to serve as resources on this issue
- engage our state lobbyist and resources in San Francisco
- form alliances with the Native American groups and others
MAIN POINT
Join us in working this important and interesting issue that spans global warming, thirsty desert dwellers, and your kitchen faucet? Contact Heather Cusick at or (612) 659-9124.