Water - Great Lakes-St. Lawrence River Basin Compact
Background
The Great Lakes-St. Lawrence River Basin Compact is an interstate agreement based on the Great Lakes Annex Agreement signed by Ontario, Quebec and the eight states surrounding the Great Lakes in 2005.
In order to be recognized in U.S. federal law, the Compact had to be approved by the legislatures of all eight states and by U.S. Congress. Michigan was the last state to sign in July, 2008. The Compact was approved by U.S. Congress, and then was signed into law by U.S. President George Bush in December 2008.
Critical concerns about the Compact
It exempts bottled water
While the Compact sets out to prevent diversions from the Great Lakes, the definition of diversions does not apply to water as a “product” and gives bottled water corporations the right to extract water from the Great Lakes in containers of 20 litres or less. Once bottled water corporations are granted this right, Michigan lawyer Jim Olson argues that once bottled water corporations are granted this right it will be difficult to regulate taking water out of the Great Lakes in containers because the practice would be protected in international trade agreements such as the North American Free Trade Agreement.
It allows for out-of-basin transfers
The Compact grants special rights to communities and counties straddling the Great Lakes. These communities are exempted from the “no diversions” clause and are not required to return a minimum amount of water to the Great Lakes basin, if any at all. These exceptions – along with the infamous Chicago diversion of 2 billion gallons a day – mean vast amounts of water will be transferred outside the Great Lakes basin, which will have adverse effects on its ecological integrity and lead to further depletion of water in the basin.
It undermines Canada’s ability to protect the watershed
The Canadian government was not at the table when these agreements were being discussed. The Great Lakes Compact sets up a regional authority to regulate water takings in the Great Lakes Basin. A body comprised of two provinces and eight Great Lakes states puts Canada at a disadvantage in negotiating water disputes. The International Joint Commission (IJC) is responsible for overseeing and arbitrating conflicts over water issues between Canada and the United States. The Great Lakes Compact makes the IJC irrelevant and weakens the ability of the Canadian government to protect the Great Lakes -St. Lawrence River Basin.
The Council of Canadians calls for:
Amendments to the Compact.
The Council of Canadians is supporting our allies in the United States who are calling for an amendment to the Compact to incorporate the public trust doctrine as a standard for protection, and to eliminate the bottled water exception.
Federal government intervention.
Throughout this process, the federal government has remained silent. In its silence, it has abdicated its responsibility to protect the Great Lakes and the Canadian public interest. The federal government is the only body with the authority to negotiate international agreements on shared natural resources. The Council of Canadians is calling on the federal government to intervene immediately.
The IJC to retain authority.
The federal government must also uphold the integrity of the International Joint Commission by ensuring that the IJC remains the primary body responsible for deciding disputes over the management of the Great Lakes.
The Council of Canadians is leading the fight to protect the Great Lakes from diversions, and to ensure that Canada takes responsibility in protecting this important watershed.
Click here (PDF 1MB) to read the letter sent by the Council of Canadians to municipal councillors in the Great Lakes -St. Lawrence River Basin.
Click here for information on the Great Lakes Annex.
