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2023 04-18 CC PACKET
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2023 04-18 CC PACKET
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CITY COUNCIL PACKETS
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At the heart ofthie compact is a prohibition on any new or increased "diversion," which is defined as. "a transfer of <br />water from the Basin into another watershed, or from the watershed of:one of the Great Lakes Into.that.of <br />another by any means of transfer..:" 3 The "Basin refers to "the watershed of the Great.Lakes and the St. <br />Lawrence. River upstream from Trois=Rivieres, Quebec within the jurisdiction of the parties: `Three. types of <br />diversions are excepted from the compact's general prohibition as long as Certain relevant standards are met and <br />procedures followed. Thesa include; <br />1. Intra-basin transferssThe transfer of wator from tine watershed..of one Great Lake to the watershed of another <br />Great Lake, which .would still be within. the greater basin, is permissible under certain circumstances. For <br />example, if an intro=basin diversion results in a "consumptive use" (water that is. withdrawn from the basin but <br />not: returned to it) of greater than 5 mil I!on .galfons per day; it would require prior approval of all the Great Lakes <br />governors --who together comprise the compact's managing body, the Great Lakes;St. Lawrence River Basin <br />Water Resources Council—and.would be subject to regiona1.review by council and by the "Regional Body," <br />which includes; both. the governors. and: the preen€ers of On and Quebec.sn Note that the compact does not. <br />prohibit Water.transfe:rs that occurfulfywithin the watershed of one of the Great Lakes, such as within the Lake <br />Superior watershed.. <br />Z Straddling communities. The compact also allows certain diversions of Great Lakes water to "straddl.ing <br />communities," those that have land both within and :outside of the .Great Lakes Basinwatersh.ed.51 To qualify for <br />this exception, diversions must be used for water supply or a wastewater treatment -system within the.straddling <br />community, and the water used must be returned naturally or after use to the source watershed, less an <br />a[Iowance.for consumptive us.e.52 If a diversion. to a straddI-ing-community results in a consumptive use of greater <br />than 5 million gallons per day, the proposed diversion is subject to regional review, but it would not require <br />approval by the council. <br />3. Straddling counties. The..third exception.from the. compact's: pro hibition.on diversions.has proven the most <br />contentious. It allows the transfer of Great Lakes -water to a community that is outside of the basin but within a <br />county that straddles the basin. bau.nd.ary. Like the exception for strad.dIingcommunities, the straddling county <br />exception requires that the water be.used solely for public water supply purposes. But this exception is subject to <br />more.stringent`review..by. other states, requiring not only man datory.regional review but also unanimous <br />approval by the council. The. straddling community exception and indeed the compact itself was put. to the test <br />after the. city of Waukesha, Wisconsin ---which is located outside of the basin but within a county that straddles <br />the. basin boundary msubmitted. a 2010 application fora.controversial diversion of up to.10.1 million gaIIons. per <br />day of Lake M€chigan water.53 The council ultimately`approved the diversion (with conditions) but only after six <br />years of bitter local and regional political battles, with,oOnions divided upon whether Waukesha's request was <br />motivated more by genuine.shortage of potable water or fay an interest in fostering urban growth,54 <br />Proposed diversions. under these exceptions may also need to meet the compact's "exception standard," which <br />requires showing, among other things, thatthe diversion (a) cannot be reasonably avoided through the efficient <br />use and conservation of existing water supplies; (b) will be. limited to quantities that are considered reasonable <br />for the diversion's purposes; (c) can be Implemented. in a manner so as to ensure no significant individual or <br />cumulative adverse impacts to the quantity or qua€ityof.the. waters and water -dependent. natural resources of <br />the Basin; and (d) will incorporate :envirooMehtally sou.nd.and economicallyfeasible:water conservation <br />measures. <br />Small -container "loophole" <br />One. frequently criticized provision of the Compact relates to removing water in containers. Although section <br />4.12(10) provides that proposals to withdraw water in any container greater than5.7 gallons must be treated.. as a. <br />diversion, the compact does: not prohibit removals of water in containers smaller than 5.7 gallons—such.as, for <br />example, 8-ounce. plastic containers for bottled water. Regulation of such. small -container withdrawals is left to <br />the discretion of individual .states. Critics worry that this "loophole" wi11611ow bottled -water cohnpanIes to freely <br />
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