Compact Bodies Post Agendas & Meeting Materials

Dec 1: The Great Lakes-St. Lawrence River Water Resources Regional Body (Regional Body) which previously announced its upcoming conference call meeting for December 8, 2009, at 2:00 PM EST [See WIMS 11/6/09] has now posted an agenda and materials to be discussed. Included in the information is: Draft December 8, 2009 Regional Body Meeting Agenda; Draft Resolution #13--Adoption of Water Use Reporting Protocols; Draft Resolution #14--Adoption of Fiscal Year 2010 Budget--Third and Fourth Quarters (January 1-June 30, 2010); Draft Chair's Proposed Invitation List to Regional Body's Advisory Committee, Resource Group and Observers; Draft Water Management Program Review Document; Draft Water Conservation and Efficiency Program Review Document; and Draft September 22, 2009 Regional Body Meeting Summary. Additionally, the Great Lakes-St. Lawrence River Basin Water Resources Council (Compact Council) is meeting via conference call following the Regional Body meeting has posted similar documents for discussion.

Access the agenda and materials for the Regional Body meeting (click here). Access the agenda and materials for the Compact Council meeting (click here).

Regional Body & Compact Council To Meet Dec. 8

Nov 6: The Great Lakes-St. Lawrence River Water Resources Regional Body (Regional Body) announced it will meet on December 8, 2009, at 2:00 PM EST. The conference call meeting will be open to the public and will include an opportunity for public comments. An agenda and materials to be discussed will be available in coming weeks on the Regional Body website (See link below).

Additionally, the Great Lakes-St. Lawrence River Basin Water Resources Council (Compact Council) will meet on the same day at 3:00 PM. The conference call meeting will be open to the public and will include an opportunity for public comments. An agenda and materials to be discussed will be available on the Council of Great Lakes Governors website in coming weeks (See link below). The Council of Great Lakes Governors serves as Secretariat to the Regional Body and the Compact Council.

Access the Regional Body information (click here). Access the Compact Council information (click here).

Emergency Compact Meetings To Adopt Budget Resolutions

Sep 1: The Great Lakes-St. Lawrence River Water Resources Regional Body (Regional Body) announced that it will hold a special meeting on Tuesday, September 22, 2009, at 2:00 PM EDT. The conference call meeting will be open to the public and will include an opportunity for public comments. According to the announcement an agenda and materials to be discussed will be available at in coming weeks.

Additionally, the Great Lakes-St. Lawrence River Basin Water Resources Council (Compact Council) will also hold a special meeting on Tuesday, September 22, 2009. The meeting will begin immediately following the adjournment of the Regional Body, expected at approximately 2:30 PM EDT. The conference call meeting will be open to the public and will include an opportunity for public comments. An agenda and materials to be discussed at the meeting will be available in coming weeks.

The Council of Great Lakes Governors (CGLG) which serves as Secretariat to the Regional Body and the Compact Council indicated that less than 30 days notice is given for these special meetings because the sole substantive focus will be to vote on a budget resolution for both organizations for the second quarter of FY 2010 (October 1-December 31, 2009). Pursuant to the By-Laws of the Compact Council, the budget serves as authorization for the Executive Director to make expenditures on behalf of the Compact Council. The current budget resolution providing such authorization will end on September 30, 2009, and a new budget resolution must be approved to allow expenditures thereafter.

Access the announcement posted on the CGLG website (click here). Access the Regional Body website for meeting information updates (click here).

Rep. Stupak's Great Lakes Compact Resolution

Jun 23: U.S. Congressman Bart Stupak (D-Menominee) introduced a resolution, H. Res. 551, in the U.S. House of Representatives which he says is designed to clarify that in ratifying the Great Lakes-St. Lawrence River Basin Compact last fall, Congress expressly prohibited Great Lakes water from being sold, diverted or exported outside of the Great Lakes basin. When the Great Lakes Compact was considered in the U.S. House in September 2008, Stupak raised concerns that the wording of the compact was not strong enough to protect against water diversions through privatization, commercialization and exportation. Because his concerns were not addressed, Stupak opposed ratification of the compact [See WIMS 11/19/08].

Representative Stupak said, "I continue to have concerns that the Great Lakes Compact is not strong enough to protect the Great Lakes against diversions through privatization, commercialization and exportation. There is no question that Congress intended for the compact to protect Great Lakes water but the wording of the compact leaves some question. That is why I have introduced this resolution to put Congress on record in opposition to the exploitation of Great Lakes waters. While the potential removal of millions of gallons of Great Lakes water in the form of bottled water is alarming, of much greater concern is a potential trade dispute between the United States and any multi-national corporation or foreign government interested in diverting our water. The Great Lakes make up the largest body of freshwater in the world. We owe it to the people of Michigan and the entire Great Lakes Basin to ensure that Great Lakes Compact preserves and protects the quality and quantity of Great Lakes water.”

In a release, Stupak said the intent of the Great Lakes Compact, when Michigan and the seven other Great Lakes states began crafting the agreement more than seven years ago, was to protect Great Lakes water from large-scale diversions. He said he has continually raised concerns over the compact’s so-called "bottled water loophole." He said he is troubled by the prospect of passing legislation that would treat Great Lakes water as a "product" that could then be subject to international trade laws [See WIMS 9/26/08 & 9/23/08]. Stupak represents Michigan’s First Congressional District, which has more shoreline -- 1,613 miles -- than any other congressional district in the continental United States and is the only congressional district in the nation to border three of the five Great Lakes -- Superior, Michigan and Huron.

Access a release from Rep. Stupak (click here). Access legislative details for H.R. 551 (click here).

Regional Body & Water Council Conference Call Meetings

May 20: The Great Lakes-St. Lawrence River Water Resources Regional Body (Regional Body) will meet on Wednesday, June 17, 2009, at 2:00 PM EDT. The conference call meeting, the first of 2009, will be open to the public and will include an opportunity for public comments. An agenda and materials to be discussed will be available at Regional Body in coming weeks. Additionally, the Great Lakes-St. Lawrence River Basin Water Resources Council (Water Council) will meet on the same day immediately following the adjournment of the Regional Body, expected at approximately 3:00 PM EDT. The conference call meeting will be open to the public and will include an opportunity for public comments. An agenda and materials to be discussed will be available at the Council of Great Lakes Governors (CGLG) in coming weeks. CGLG serves as Secretariat to the Regional Body and the Council.

The Great Lakes Governors and Premiers created the Regional Body on December 13, 2005, by signing the Great Lakes-St. Lawrence River Basin Sustainable Water Resources Agreement. The Agreement details how the Great Lakes States, Ontario and Québec will manage and protect the Basin and provide a framework for each State and Province to enact laws for its protection. The Governors and Premiers are working aggressively to put the Agreement into action.

Access the Regional Body meeting information website (click here). Access the Regional Body website for more information (click here). Access the CGLG for additional information (click here).

Comments Wanted On Draft Water Use Reporting Protocols

Mar 25: The Council of Great Lakes Governors (CGLG) announced it is inviting public comment from March 25 through April 27, 2009, on draft water use information reporting protocols for the Great Lakes--St. Lawrence River Basin. The Great Lakes Governors and Premiers signed the Great Lakes--St. Lawrence River Basin Sustainable Water Resources Agreement on December 13, 2005. In the Agreement, the Governors and Premiers committed to gather and share water use information. The information would be used to assist the Great Lakes States and Provinces in beginning to improve scientific understanding of the waters of the Basin, the impacts of withdrawals from various locations and water sources on the basin ecosystem, understanding of the role of groundwater, and to clarify what groundwater forms part of the waters of the Basin. It will also provide the basis for adaptive management.

The draft protocols now available for public comment were jointly drafted by staff from the Great Lakes States and Provinces in order to develop recommendations for how information will be reported to the Great Lakes--St. Lawrence River Water use database. Also included are draft guidelines for water users to report water use information to the relevant State or Province. The draft protocols reflect input from Tribes and First Nations, and regional stakeholders. Comments are invited on all aspects of the draft protocols and, in particular, how water use information for intra-basin transfers should be reported. Following a review of the public comments, CGLG said revisions will be considered to the drafts.

Access the draft protocols (click here). Access further information from the CGLG website (click here).

Comments Wanted On Mercury Emission Reduction Strategy

Nov 19: The Great Lakes Regional Collaboration (GLRC) Executive Committee directed that a Great Lakes Mercury Emission Reduction Strategy be developed with a goal of producing institutionalized activities to sustain mercury emissions reduction from unregulated sources, and regulated sources with potential for additional reduction. The Strategy should produce recommendations for state action, or available options for state action. It also directed that the group developing the strategy, solicit input from stakeholders on an ongoing basis using the existing Great Lakes Binational Toxics Strategy mercury workgroup.

A workgroup was formed in April 2008 to develop the Strategy. The workgroup has made significant progress towards the development of the draft Strategy, including developing a detailed table of contents, developing a detailed discussion about mercury emission sources, and the criteria for selecting source sectors that will be addressed in detail in the Strategy. The Strategy Team is seeking input on documents developed so far including the criteria document, and the source sector document. Input would be most helpful if submitted by December 19, 2008.

The work group members selected source sectors based on the criteria communicated in the June 17, 2008 memo to stakeholders. Selection was based on the following criteria: Total emissions within the Great Lakes states; Potential for high deposition within Great Lakes Basin (due to speciation profile) or high local emissions impact (because of big individual sources); Current availability of measures to achieve reductions; and Potential for future emissions growth from the sector.

Sources were further evaluated based on the following criteria: Are mercury emissions from the sector already being adequately addressed?; Do states have the ability to achieve reductions beyond what will be accomplished through existing/forthcoming regulations/programs?; and Are there cost-effective opportunities for additional reduction?

Access a posted request for feedback and comment (click here). Access the draft outline (click here). Access the criteria document (click here). Access the source sector document (click here). Submit contributions and comments to Alexis Cain (click here); and to Deb Jacobson (click here). Access the GLRC Toxics Pollutants Initiative website for additional information (click here).

Water "Product" Diversion Debate Goes On

Nov 18: The on-going debate over possible water diversion loopholes involving the definition of "product" and the 5.7 gallon exemption under the recently enacted Great Lakes Compact continues. An article by environmental writer John Flesher, published in the Traverse City Record Eagle reports on the coalition of groups led by Michigan Citizens for Water Conservation (MCWC) and their launch of a public education campaign in Traverse City on November 16, 2008 [See WIMS 11/5/08]. The drive is focused on plugging what the groups call a major loophole in the Great Lakes Compact that would allow waters of the Great Lakes to be diverted by private export and sale.

Jim Olson, water law attorney for MCWC said, “There is a giant loop-hole in the Great Lakes Compact diversion ban that just passed Congress. The ban doesn’t apply to water produced and put in a container. That means water placed in a container will be fair game for the engines of large corporations and their teams of lawyers under NAFTA and international trade law. Citizens, landowners, and businesses in Michigan need to know what’s happened so we can protect our water from future claims by outside interests.”

The article reports on others, including the National Wildlife Federation's Great Lakes office and the staff for the Council of Great Lakes Governors (CGLG) that crafted the compact, who believe the existing Compact language "provides ironclad protections" and indicate that the issue "was discussed at length" and experts were consulted when the Compact was drafted. Representative Bart Stupak (D-MI), one of the few legislators to vote against the Compact, is quoted as saying, "Anybody could run a semi-truck through these loopholes."

Access the Record Eagle article (click here). Access the Great Lakes Regional Body website for additional information (click here). Access agendas for both meetings (click here). Access the CGLG website (click here).

Great Lakes - St. Lawrence River Water Meetings

Nov 7: The Great Lakes-St. Lawrence River Water Resources Regional Body announced that its next meeting will be held on Monday, December 8, 2008 at 1:30 PM CST. The meeting will take place at the Ambassador East Hotel, 1301 N. State Parkway in Chicago. The meeting is open to the public and will include an opportunity for public comments. An agenda is available from the website below. Additional information including materials to be discussed will be available in coming weeks. The Great Lakes Governors and Premiers created the Regional Body on December 13, 2005, by signing the Great Lakes -- St. Lawrence River Basin Sustainable Water Resources Agreement.

Additionally, the Great Lakes-St. Lawrence River Basin Water Resources Council will hold its first meeting on Monday, December 8, at 3:00 PM. CST. The meeting will also take place at the Ambassador East Hotel. It will be open to the public and include an opportunity for public comments. An agenda is available on the Council of Great Lakes Governors (CGLG) website.
Additional information including materials to be discussed will be available in coming weeks. The CGLG serves as Secretariat to the Regional Body.

Access information on the Regional Body meeting (click here). Access the Regional Body website for additional information (click here). Access agendas for both meetings (click here). Access the CGLG website (click here).

Group Aims To Plug Great Lakes Diversion "Loop-hole"

Oct 30: Despite the recent approval of the Great Lakes Compact, the Michigan Citizens for Water Conservation (MCWC) and other non profit organizations announced they will launch a public education campaign, FLOW: For Love of the Great Lakes, in Traverse City on November 16, 2008. The program will launch a drive to protect the waters of the Great Lakes from private export and sale.

The event begins with the Northern Michigan premier of Irena Salina’s New York Times critically-acclaimed film, Flow: For Love of Water, at Traverse City’s State Theatre at 3:00 PM. The film is a documentary about citizen efforts around the world, including Michigan, to stop the privatization or control of water by large corporations. Immediately after the film, a panel discussion and reception will be held at the city’s historic Opera House. Scheduled speakers include: former Michigan Governor Bill Milliken; film maker Irena Salina, environmental attorney Jim Olson; author Dave Dempsey (Great Lakes for Sale); and Terry Swier, President of MCWC. The panel will discuss strategies for citizens to correct what they are calling "a loop-hole in the Great Lakes Compact authorizing the export of water for private sale out of the Great Lakes."

Jim Olson, water law attorney said, “There is a giant loop-hole in the Great Lakes Compact diversion ban that just passed Congress. The ban doesn’t apply to water produced and put in a container. That means water placed in a container will be fair game for the engines of large corporations and their teams of lawyers under NAFTA and international trade law. Citizens, landowners, and businesses in Michigan need to know what’s happened so we can protect our water from future claims by outside interests.”

Access a release from MCWC with further details (click here).

Local Chambers Launch Great Lakes/Midwest Regional Agenda

Oct 15: The Great Lakes Region Coalition (GLRC), a coalition of over 30 chambers of commerce and 94,000 job providers, has launched an initiative promoting an aggressive Federal legislative business agenda for growing the Midwest region’s economy, creating jobs and attracting investment for states in the Great Lakes area. GLRC notes that Great Lakes region, which is an important political battleground in the presidential election, makes up about a third of the nation’s overall economy and represents a third of the country’s population.

The coalition agenda includes the following business priorities: Improving the Midwest’s transportation infrastructure; Creating a more open and secure border with Canada; Adopting a comprehensive immigration policy; Diversifying the region’s economy by boosting innovation and entrepreneurship; and Harnessing the Great Lakes’ economic potential. Richard Blouse Jr., president and CEO for the Detroit Regional Chamber said, “In the global economy, regions are competing for business and jobs. The Midwest states are working together to aggressively grow jobs and attract investment.”

GLRC members said, "What is good for the Midwest is good for the United States. . .As the presidential candidates vigorously campaign for votes in these swing states, they need to hear from the employers creating jobs and growing businesses on how best to strengthen the region’s economy. . . Midwestern states are leading exporters for the U.S. and improving the region’s economic standing will strengthen the nation’s role in the global economy.”

The agenda further calls for renewing and leveraging the "Great Lakes and our natural attributes to transform the economic region by supporting business development and research opportunities compatible with fresh water technology, and water-based development, while protecting and improving both the supply and the quality of water for use in our region without diversion." The group is advocating the completion of the proposed Great Lakes Restoration plan now pending before Congress.

GLRC has defined a new Great Lakes/Midwest Region including all or parts of twelve states -- New York, Pennsylvania, Ohio, West Virginia, Kentucky, Michigan, Indiana, Illinois, Missouri, Iowa, Wisconsin and Minnesota. The initiative evolved from the Summit of Metropolitan Chambers of Commerce in the Great Lakes states, held in February, 2008. The Summit was the first of its kind in the region and was motivated by the desire of leaders of business communities in the Great Lakes region to develop a shared economic policy and advocacy agenda that reflects the common economic interests of the Great Lakes/Midwest region and addresses the opportunities that lie ahead. More than 45 CEOs and staff from 30 chambers and other business groups attended the summit, as did key staff from the Brookings Institution Metropolitan Policy Program.

The agenda says that the Federal government should seek to partner with public and private research organizations in the Great Lakes and calls for increased Federal support of research and development in the Great Lakes states focusing on: Clean energy; Sustainable transportation; Clean and abundant fresh water; High quality environmental conditions; and Forward-looking life sciences and health care. Further, the agenda states: "The recent ratification of the Great Lakes Compact and passage of the Great Lakes Legacy Act are major milestones in the life of the lakes and recognition of the vital role they will play in the region’s future. However, there is more to do."

Specifically the agenda calls for implementation of the Great Lakes Restoration Strategy; providing funding of $13.75 billion of the estimated $26 billion to address Great Lakes needs including:Aquatic invasive species, Habitats and conservation, Coastal health, Areas of concern, Non-point sources, Toxic pollutants, Sustainable development,cr Indicators and information. Additionally, the Federal government should establish programs to control untreated ballast water from ocean-going vessels; to rebuild the region’s water and sewer infrastructure; provide adequate matching resources to eliminate combined sewer overflows and storm water runoff; provide resources to meet federal air quality standards; legal support for the Clean Air Interstate Rule (CAIR); and increased funding for the Diesel Emission Reduction Act.

Access a release from the Detroit Regional Chamber (click here). Access the 9-page business agenda and list of participating chambers (click here).

President Bush Signs Great Lakes Compact Into Law

Oct 3: The Council of Great Lakes Governors (CGLG) applauded President George Bush for signing a joint resolution of Congress (S.J. Res. 45), providing consent to the Great Lakes-St. Lawrence River Basin Water Resources Compact. The President’s action marks the final step in the Compact’s approval process thus enabling these historic protections to become law. In December 2005, following a nearly five-year negotiation, the Governors of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania and Wisconsin reached agreement on the Compact.

CGLG said, "The Compact provides a comprehensive management framework for achieving sustainable water use and resource protection. The eight Great Lakes States reached a similar, good faith, agreement with Ontario and Québec in 2005, which the Provinces are using to amend their existing water programs for greater regional consistency." During 2007 and 2008, each of the eight Great Lakes State legislatures ratified the Compact. Legislative approval was completed by the U.S. Senate on August 1, 2008, and by the U.S. House of Representatives on September 23, 2008.

Access a release from CGLG (click here). Access legislative details for S.J.Res.45 (click here). Access the CGLG Compact website for extensive information (click here). Access various WIMS-Great Lakes Environment Blog post on the Compact (click here).

Council Of Canadians Calls For Compact Correction

Sep 24: Canada's largest citizens’ organization, the Council of Canadians, issued a release, "demanding that the Canadian government intervene to secure an amendment to the Great Lakes Compact which has now received approval of both the U.S. House and Senate [See WIMS 9/23/08]. The organization is calling for an elimination of the loophole that would grant bottled water corporations unlimited access to Great Lakes water in 20 litre [actually 5.7 gallons] containers. Maude Barlow, national chairperson of the Council of Canadians said, “Although we welcome the Compact’s ban on diversions through pipelines and other means, the bottled water exception is a gaping hole that would undermine the agreement’s ability to truly protect the Great Lakes. In remaining silent on this issue, the Harper government has abdicated its responsibility to protect the Great Lakes and the Canadian public interest.”

The Council said 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 they are concerned about the trade implications of this definition. Meera Karunananthan, national water campaigner for the Council of Canadians said, “Once their access to Great Lakes water is entrenched in the Compact, it will be difficult to regulate corporations taking water out of the Great Lakes in containers because they will be further protected in international trade agreements such as the North American Free Trade Agreement.”

Access a release from the Council (click here).

House Approves Great Lakes Compact

Sep 23: On a "Motion to Suspend the Rules and Pass," requiring a 2/3 majority, the U.S. House approved the Great Lakes Compact (S.J. Res. 45), by a vote of 390 - 25. Environmental and conservation groups praised the approval and commended U.S. Representatives John Conyers (D-MI), Vern Ehlers (R-MI), Rahm Emanuel (D-IL), Steve LaTourette (R-OH) and Jim Oberstar (D-MN); and Senators Russ Feingold (D-WI), Herb Kohl (D-WI), Carl Levin (D-MI), Arlen Specter (R-PA) and George Voinovich (R-OH), where the measure was approved by voice vote in August [See WIMS 8/4/08]. The President has indicated he will sign the approval.

Despite the overwhelming approval, it did not come without controversy and concern. Two Great Lakes Representatives -- Bart Stupak (D-MI) and Dennis Kucinich (D-OH) both raised concerns regarding loopholes in the Compact [See WIMS 9/8/08]. Of major concern were the exemption of water in a container smaller than 5.7 gallons ("the bottled water loophole"); creating a Federal definition of Great Lakes water as a "product" subject it to international trade law obligations (e.g. NAFTA, GATT, etc.) and related "public trust doctrine" issues.

On Monday, September 22, Representative Stupak urged all 435 members not to approved the Compact until some answers were received from his previous inquiries in July to the U.S. Department of State, U.S. Trade Representative and the IJC (See link below). Kucinich had argued that Congress could close the loopholes without sending the Compact back to the State to be ratified again by passing his bill H.R. 6814 and adding specific language in the Committee Report for the Compact which strengthens the public trust doctrine provisions in the Water Resources Development Act of 1986 in ways that Compact Report language could not.

Various groups indicating their support included: Great Lakes United; National Wildlife Federation; Alliance for the Great Lakes; Healing Our Waters-Great Lakes Coalition; Council of Great Lakes Governors; Michigan Environmental Council; Michigan League of Conservation Voters; Tip of the Mitt Watershed Council; and Sierra Club.

Access the roll call vote (click here). Access legislative details for S.J.Res.45 (click here). Access a release from Representative Stupak (click here). Access the Committee on Judiciary. H. Rept. 110-863 (click here). Access legislative details for H.R. 6577 (click here).

Kucinich Joins Stupak In Call For Compact Review

Aug 20: On August 1, the U.S. Senate approved the Great Lakes – St. Lawrence River Water Basin Resources Compact (S.J.Res. 45) by unanimous consent [See WIMS 8/4/08]. The matter is now in the House of Representatives for consideration. On July 30, the House Committee on the Judiciary, Chaired by Representative John Conyers, Jr. (D-MI), considered a Markup of H.R. 6577, introduced by Representative James Oberstar (D-MN) which would provide approval of the Compact.

While the approval is on a fast-track, there are still concerns from some regarding the public trust doctrine issue and its relationship to international trade agreements such as NAFTA and GATT [See WIMS 7/23/08]. On July 30, U.S. Representative Bart Stupak (D-Menominee, MI) requested comment from two Federal agencies and the International Joint Commission (IJC) on the Great Lakes Compact. In letters sent to the U.S. Department of State, U.S. Trade Representative and the IJC, Stupak asked for response to concerns that have been raised regarding the commercialization of Great Lakes water and the possible applicability of international trade law if the compact were to be enacted [See WIMS 8/4/08]. On August 1, Representative Dennis Kucinich (D-OH) introduced H.R. 6814, which has now been referred to Representative Oberstar's, Transportation & Infrastructure Committee and the Subcommittee on Water Resources and Environment. The Kucinich bill attempts to address the public trust doctrine concern by adding language to the Water Resources Development Act.

On August 20, 2008, Representative Kucinich wrote to Representative Conyers and in a 4-page letter said, "I write with concern about the strength of the Great Lakes Compact. The protection of the Great Lakes from diversions and exports is a laudable and critical goal. However, the Compact contains major loopholes that could allow water to be transferred outside of the Basin and could result in the privatization of Great Lakes waters for commercial sale, thus undermining the intent of the agreement.

"Congress can close the loopholes without sending the Compact back to the State to be ratified again by taking two necessary and complementary actions. The first is to include language in the Committee Report for the Compact [described in detail in the letter] . . . The second is to adopt H.R. 6814, which strengthens the public trust doctrine provisions in the Water Resources Development Act of 1986 in ways that Compact Report language alone cannot. . ."

Access the letter from Representative Kucinich (click here). Access legislative details for H.R. 6814 (click here). Access legislative details for S.J.Res.45 (click here). Access legislative details for H.R. 6577 (click here). Access previous WIMS articles for background on the public trust concerns (click here).

Report On Water Conservation & The Compact

Aug 5: Environment Michigan (EM) issued a new report on water efficiency to boost its case for the Great Lakes Compact that is moving in Congress. The report -- Using Water Wisely -- calculates that six Southwestern states could save as much as 1.86 trillion gallons of water per year by dramatically improving efficiency of water use. The Soutwestern states include: Arizona, Colorado, Nevada, New Mexico, Texas, and Utah. EM says the Compact would both bar Great Lakes water from being transferred to places like the Southwest and require states in the Great Lakes region to practice water efficiency and conservation themselves.

John Rumpler, Environment Michigan’s Great Lakes program director said, “This finding of huge efficiency potential supports the Great Lakes Compact in two ways. First, it decisively shows that, with a little discipline and ingenuity, the Southwest can meet its own water needs, without siphoning from our Lakes. And second, it shows that here at home, there’s tremendous potential for us to conserve water -- thereby protecting the Lakes’ ecology while allowing for further economic growth.”

The report documents potential water savings in key sectors of the economy -- including agriculture, residential, commercial, and power generation. For example, the fast-growing city of Denver, CO is expected to save 1.5 million gallons of water per year with a program that pays businesses to switch to water-saving technologies. In other instances, mandatory standards could reduce water waste even more dramatically. The report says that by using existing water efficiency technologies and adopting effective programs to conserve water regionwide, six states in the Southwest could save as much as 5.7 million acre-feet of water per year.

Access a release from Environment Michigan (click here). Access a summary and link to the complete 29-page report (click here).

Senate Approves Compact; Stupak Wants Public Trust Answers

Aug 1: U.S. Senators Carl Levin (D-MI), and George Voinovich (R-OH), co-chairs of the Senate Great Lakes Task Force, praised the passage of the Great Lakes – St. Lawrence River Water Basin Resources Compact by unanimous consent in the Senate [See WIMS 7/30/08]. The joint resolution, S.J.Res. 45, now goes to the House of Representatives for consideration. Once passed by the House, the joint resolution goes to the President for his signature. President Bush has already signaled his support for the Compact resolution [See WIMS 7/29/08].

Senator Levin said, “We are temporary stewards of this unique national treasure, the largest fresh water system in the world. Senate passage of this Compact will help us protect the Great Lakes from water diversions and preserve this invaluable resource for future generations. Sensible conservation goals in water use will ensure that our children and great grandchildren benefit from the Great Lakes as we do.”

In 2000, Congress passed legislation directing the governors of the Great Lakes states -- Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania and Wisconsin -- to negotiate a water management agreement. In 2005, the eight Great Lakes governors, in coordination with the Canadian Premiers of Ontario and Quebec, completed negotiations on the Great Lakes-St. Lawrence River Basin Water Resources Compact.

Each of the eight Great Lakes legislatures considered and approved the Compact, which is designed to protect the Great Lakes through better water management, conservation and public involvement. Congress must pass the joint resolution before the Great Lakes-St. Lawrence River Water Basin Water Resources Compact can achieve full force and effect as an interstate compact. The House of Representatives is expected to consider the joint resolution when it reconvenes in September.

While most major environmental, conservation and local government organizations are supporting the Compact, there are still concerns from some regarding the public trust doctrine issue and its relationship to international trade agreements such as NAFTA and GATT [See WIMS 7/23/08]. On July 30, U.S. Representative Bart Stupak (D-Menominee, MI) requested comment from two federal agencies and the International Joint Commission (IJC) on the Great Lakes Compact. In letters sent to the U.S. Department of State, U.S. Trade Representative and the IJC, Stupak asked for response to concerns that have been raised regarding the commercialization of Great Lakes water and the possible applicability of international trade law if the compact were to be enacted.

Stupak wrote, “As the largest body of freshwater in the world, it is imperative that legal protection at the state and federal level work to preserve and restore the quality and quantity of Great Lakes water. While I understand that a dispute of this nature has not occurred historically, I am seeking to clarify if international trade law and obligations will have any jurisdiction should we enact the compact into federal law. . . Ratifying the compact could allow Great Lakes water to no longer be held within the public trust and instead be defined as a product for commercial use. I want to thoroughly understand the lasting impact this compact could have on Great Lakes water for years to come. It took the governors more than three years to get this done, so it is not unreasonable for Congress to take the time necessary to make sure we are not opening the door for the commercialization Great Lakes water.”

Access a release from Senator Levin (click here). Access a release from Representative Stupak and link to the letters (click here). Access legislative details for S.J.Res.45 (click here). Access legislative details for H.R. 6577 (click here).

Congressional Hearings On Compact Approval

Jul 30: The Senate Committee on the Judiciary, Chaired by Senator Patrick Leahy (D-VT), held its hearing on S.J.Res.45, A Resolution Consenting To and Approving the Great Lakes-St. Lawrence River Basin Water Resources Compact” [See WIMS 7/29/08]. Senator Russ Feingold (D-WI) presided over the hearing. Witnesses included: Senator Carl Levin, (D-MI); Senator George Voinovich, (R-OH); Governor Jim Doyle (Wisconsin) – Chair, Council of Great Lakes Governors; Mayor George Heartwell (Grand Rapids, MI) – Vice Chairman, Great Lakes and St. Lawrence Cities Initiative; Kay Nelson – Director, Environmental Affairs, Northwest Indiana Forum; and Cameron Davis – President, Alliance for the Great Lakes and the Healing Our Waters-Great Lakes Coalition.

Earlier in the day the House Committee on the Judiciary, Chaired by Representative John Conyers, Jr. (D-MI), considered a Markup of H.R. 6577, introduced by Representative James Oberstar (D-MN) which would provide approval of the Compact.

Access the Senate hearing website for links to most testimony (click here). Access the House hearing website (click here). Access a link to a webcast of the House hearing (click here). Access legislative details for S.J.Res.45 (click here). Access legislative details for H.R. 6577 (click here).

President Urges Quick Action On Compact Approval

Jul 28: President Bush issued a statement on the recent approval of the Great Lakes-St. Lawrence River Basin Water Resources Compact by the Great Lakes states and urged Congress to act quickly to approve the Compact. The President said, "I congratulate the Governors and Legislatures of the eight States that border the Great Lakes on their conclusion of the Great Lakes-St. Lawrence River Basin Water Resources Compact. Made in the spirit of cooperative conservation, this Compact is the result of many years of close coordination and consensus-building that resulted in the Compact's approval by the eight Great Lakes States and two Canadian Provinces.

"The Great Lakes are a national treasure. They were vital to the exploration of this continent and have long supported commerce. Today, more than 33 million people live in the States and Provinces bordering the lakes, and the lakes provide an efficient means to transport food and other commodities destined for global markets. The Great Lakes provide a wide variety of recreational opportunities and serve as a source of drinking water for more than 30 million people.

"The Compact will ensure sustainable use and responsible management of waters from the Great Lakes Basin and preserve the Great Lakes for the benefit and enjoyment of present and future generations. I strongly urge Congress to provide rapid approval of the Great Lakes-St. Lawrence River Basin Water Resources Compact."

On July 30, the Senate Judiciary Committee, Chaired by Senator Patrick Leahy (D-VT), has scheduled a hearing at 1:00 PM to examine S.J.Res.45, expressing the consent and approval of Congress to an inter-state compact regarding water resources in the Great Lakes - St. Lawrence River Basin. In the House, Representative James Oberstar (D-MN) has introduced H.R.6577 which has been referred to the House Committee on the Judiciary, Chaired by Representative John Conyers, Jr. (D-MI). The House Committee has scheduled a Markup of: H.R. 6577 at a meeting to begin at 10:15 AM on July 30.

The Alliance for the Great Lakes issued a statement on the President's comment and upcoming hearing saying, “This shows that the Great Lakes aren’t just important to us who have them in our back yard. They’re important to officials all across the country -- they see the Great Lakes as a national treasure that their constituents care about. This is a historic moment for the Great Lakes. It’s one of only a handful of times the states have all come together over the past half century to create a binding blueprint for protecting the water as the lifeblood of the region.” Alliance President Cameron Davis, is scheduled to testify at the Senate hearing on behalf of the Healing Our Waters®-Great Lakes Coalition representing more than 100 environmental groups around the region.

Access the statement from the President (click here). Access the Senate hearing website (click here). Access the House hearing website (click here). Access the release from the Alliance (click here). Access legislative details for S.J.Res.45 (click here). Access legislative details for H.R. 6577 (click here).

Oberstar & Levin Introduce House & Senate Compact Resolutions

Jul 23: According to a release from the Council of Great Lakes Governors (CGLG), the Governors applauded members of Congress for "boldly acting to protect the Great Lakes--St. Lawrence River Basin." Specifically, members of Congress led by Senator Carl Levin (D-MI), Senator George Voinovich (R-OH), Congressman John Conyers, Jr. (D-MI), Congressman James Oberstar (D-MN), Congressman Vernon Ehlers (R-MI) and Congressman Steven LaTourette (R-OH) introduced a joint resolution providing consent to the Great Lakes-St. Lawrence River Basin Water Resources Compact [See WIMS 7/10/08]. The Compact provides a management framework for achieving sustainable water use and resource protection. It has been ratified by each of the eight Great Lakes State legislatures. To become law, Congress must now provide its consent.

Wisconsin Governor Jim Doyle (D), CGLG Chair, said, “I applaud the members of Congress for their leadership in protecting the Great Lakes. It is gratifying to see the consensus that we have built in our region reflected in the bipartisan Congressional support for this historic measure. We must now do all that we can to work with our Congressional partners to turn these protections into law.” Michigan Governor Jennifer Granholm (D) said, “Today I applaud the introduction of legislation to approve the Great Lakes Compact and urge Congress to act quickly. Once enacted into law, the Compact will ensure that our Great Lakes are protected and preserved for generations to come.”

CGLG said, "Today’s introduction illustrates the regional and bi-partisan consensus that has been built in support of the Compact. A substantial number of members of Congress are original cosponsors of the resolution introduced today and both of the presumptive nominees of the major parties (Senator Barack Obama (D-Illinois) and Senator John McCain (R-Arizona)) have expressed their support for the Compact."

According to CGLG the Compact has attracted the support of key members of Congress, Mayors and local government officials as well as more than 150 diverse groups of stakeholders who depend on the Great Lakes. More than 1300 State legislators have voted to approve the Compact -- about 95% of all legislators who have cast a vote on it.

A release from Congressman Oberstar, chairman of the House Committee on Transportation and Infrastructure (T&I), said he is taking the lead in the effort to win approval for the Compact which he said, "protects the Great Lakes from water diversion projects." Oberstar and other congressional members from the House and the Senate today announced the introduction of bipartisan legislation to ratify the Great Lakes-St. Lawrence River Basin Water Resources Compact. Oberstar, introduced the legislation in the House.

Oberstar indicated the compact, which will manage water diversions, withdrawals, and consumptive use proposals, has been approved by the eight state legislatures. He said, "Because less than one percent of the Great Lakes water is renewed annually, we must take seriously any potential threat that may affect the quality or available quantities of water from the Great Lakes, such as climate change and growing consumptive uses of water. While there has been idle talk of exporting water from the Great Lakes to drought prone regions of the nation, conserving the priceless resource of the Great Lakes must be a top priority."

In the Senate, Senator Levin is introducing a joint resolution with cosponsors including: Senators Voinovich, Bayh, Brown, Casey, Clinton, Coleman, Durbin, Feingold, Klobuchar, Kohl, Lugar, Obama, Stabenow, Schumer, and Specter. Levin said, "The Great Lakes are a tremendous natural resource for Michigan and throughout the Great Lakes basin. A great deal of progress has been made towards safeguarding the Great Lakes from exports and diversions, and the Great Lakes Compact will build on the existing protections.”

While many groups and organizations have signed on to support the Compact, two former Michigan Governors, the Michigan Citizens for Water Conservation (MCWC) and their attorney Jim Olson have continued to challenge the unlimited "exemption" in the Compact allowing water to be removed from the basin by private companies in containers less than 20 litres or 5.7 gallons. Olson maintains that the exemption establishes a legal precedent giving water a "product" exemption from the diversion ban. Olson and former Governors Milliken (R) and Blanchard (D) have raised the concerns that without "public trust doctrine" language, the State's and Great Lakes waters are at risk of sale and export because of NAFTA and GATT -- international trade agreement provisions which prevent bans or strict regulation on water once it is a commodity.

Access a release from CGLG (click here). Access a letter from CGLG to the Congressional sponsors (click here). Access a release from Representative Oberstar (click here). Access a release from Senator Levin (click here). Access a posting from Michigan Attorney Jim Olson on the public trust concern (click here). WIMS-Great Lakes Environment blog posts on the Compact approvals (click here). Access a Toronto Star article discussing the product exemption issues (click here). Access a release from MI Lt. Gov. John Cherry, Chair of the Great Lakes Commission (click here).