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Moreover, the WRDA, as a U.S. statute,. has no effect in Canada, a fact that was madeclear in infamous fashion in
<br />1998... when John Febbraro, the::own.er.of a:small.Sa.u.lt Ste. Marie, Ontario consulting firm called the Nova Group,
<br />quietly obtained a permit from a local government office to annually. export 158 million gallons of Lake Superior
<br />water to Asia by ship.44 Although. Mr: Febbraro eventually retreated :from his plan, the fact.that he was able to so
<br />easily obtain a permit to. export Water without triggering further review or even corisultation.with . the other Great.
<br />Lakes governors and premiers caused further alarm throughout the region. The need to -finalize consistent,
<br />enforceable,. and. international regulation of diversions never seemed more urgent.
<br />Finally, in 2005, the Great Lakes governors endorsed the Great Lakes -St. Lawrence -River Basin Resources
<br />Compact. The compact is. an interstate contract among Illinois, Indiana, Michigan, Minnesota, New York; Ohio,
<br />Pennsylvania,. and Wisconsin detailing haw the states rnanage the: use of.the Great.Lakes Basin's water supply. All
<br />states have enacted the compact As state law, and the compact was approved by Congress and signed by
<br />President George W. Bush in 0ctcber 2008..In Minnesota, the compact:is . codified in,section 103G.801 of the
<br />Minnesota Statutes,
<br />The choice.hythe states:to:eriter a compact (under Article I, Section 10, Claus.e 3 of the U.S. Constitution), rather
<br />than a.simple agreement is important because it sidestepped.the. dormant commerce. clause issues in.Sporhase
<br />v. Nebraska.. Whereas states. are prohihited from imposing unreason able.restrictions..on interstate commerce
<br />(such as Nebraska's out-of-state groundwat& restrictions., at issue in 5porN?se), Congress has constitutional
<br />authorityto regulate interstate commerce, which would include corn merce"involving the.Great Lakes. Because
<br />interstate compacts must obtain Congressional consent, the resulting.federal stamp.of approval eliminates
<br />concerns that diversion-I1mit!ng.state laws adopted pursuant to the compact -will run afoul .of the commerce
<br />clause.45
<br />At the same time as the.governors endorsed the compact, they also signed a companion international agreement
<br />with the Canadian provinces of Gntario:and Quebec known as the Great Lakes -St. Lawrence River Basin
<br />Sustainable Water Resources Agreement. As the.title:implies, this document is simply an:agreement, riot a
<br />compact or treaty.; but it mirrors the provisions of the compact. The provinces of Ontario and .Quebec, like the
<br />Great Lakes states, have adopted provisions. necessary to implement the agreement as enforceable provincial
<br />I aw, ensuring that. all state and provincial governrrients in the basin are working toward the same. goals and
<br />implementing the same procedures. and.requirem ents.
<br />Key provisions
<br />Among the key aspects of the .compact are the. foil owing -
<br />Findings and purpose
<br />The compact proclaims that :the waters of the. Great Lakes Basin are. "precious public natural resources shared
<br />and held in trust by the. States: 6 This Ending echoes the ancient public trust doctrine, which provides. that states
<br />own lake and river beds within their borders -and the water they contain, including in the:Great Lakes, and hold
<br />the title in trust for the public 47 The compact, which applies:to..both surface and groundwater in the basin, also
<br />declares that future diversions and consumptive uses of Great Lakes water have the:.potential to "significantly
<br />impact the environment, economy and welfare" of the region, and that the parties.have.a "shared`duty to protect,
<br />conserve, restore., improve and manage the renewable butf nite Waters of the Basin for the use, benefit and
<br />enjoyment of all .their citizens, including generations yet to come," As for the purposes of the compact, they
<br />include facilitating'tonsistent approaches to Water man agement.across.the Basin" and preventing "significant
<br />adverse impacts of Withdrawals and losses on the Basin's ecosystems and watersheds.. 43
<br />General diversion prohibition and. exceptions
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