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Great Lakes Charter continued from page 1
<br />For 15 years the Charter provided an
<br />effective forum for the governors of
<br />Illinois, Indiana, Michigan, Minnesota,
<br />New York, Ohio, Pennsylvania, Wisconsin
<br />and the Premiers of Ontario and Quebec
<br />to discuss the sustainable usage of Great
<br />Lakes water, often in response to how
<br />these usages affect local residents. 1n fact,
<br />the council is unique among governors'
<br />organizations in that its stated priority has
<br />consistently been the health and economic
<br />well-being of the surrounding population.
<br />However, in 1998, as increasing demand
<br />drove up the price of freshwater, a
<br />proposal by the Nova Group of Sault
<br />Ste. Marie, Ontario, to export large
<br />quantities of freshwater to the
<br />Middle East raised new questions
<br />regarding the Charter's effectiveness.
<br />It became clear the Charter must be
<br />modified in order to address the
<br />increasingly complex demands
<br />placed on Basin resources.
<br />On June 18, 2001 in Niagara
<br />Falls, New York, The Council of
<br />Great Lakes Governors signed an
<br />Annex to the original charter that
<br />commits the governors and premiers
<br />to developing, within the next three
<br />years, a binding set of standards for
<br />reviewing proposed withdrawals of
<br />Great Lakes water. These standards
<br />will have a tremendous impact on
<br />the future uses of the region's natural
<br />resources. Many decisions have yet to be
<br />made, but the signing of the Annex
<br />reconfirms the commitment of the
<br />governors and premiers to the ideals of
<br />the original charter -ideals that stress the
<br />importance of preserving the region s
<br />natural integrity..
<br />The development of the Great Lakes
<br />Charter Annex has proven to be both
<br />responsible and timely. Numerous
<br />studies conducted specifically for the
<br />Council have shown that unregulated
<br />access to Great Lakes water could have a
<br />serious negative impact on the region's
<br />economic interests, not to mention a
<br />damaging effect on the natural health of
<br />the lakes' ecosystem. According to the
<br />Council, "The waters of the Great Lakes
<br />Basin are interconnected and part of a
<br />single hydrologic system. The multiple
<br />uses of these resources for municipal,
<br />industrial, and agricultural water supply;
<br />mining; navigation; hydroelectric power
<br />and energy production; recreation; and
<br />the maintenance of fish and wildlife
<br />habitat and a balanced ecosystem are
<br />interdependent."
<br />Studies conducted by the
<br />International Joint Commission, the
<br />Great Lakes states and provinces, and
<br />other agencies have found that without
<br />careful and prudent management, the
<br />future development of diversions and
<br />consumptive uses of the water resources
<br />of the Great Lakes Basin may have
<br />significant adverse impacts on the
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<br />environment, economy, and welfare of
<br />the Great Lakes region.
<br />Obviously, certain activities will
<br />have less influence on the basin than
<br />others. For example, the Council has
<br />acknowledged that far-from-shore
<br />withdrawals will have much less impact
<br />than diversions from wetlands,
<br />groundwater, or the surrounding
<br />watersheds. Before the Annex standards
<br />are finalized, the Council will have to
<br />consider many similar differentiations.
<br />Even though many residents and
<br />policy makers have criticized the Nova
<br />Group for its export proposal, a strict
<br />ban on out-of-basin diversions may
<br />prove illegal. According to both U.S. and
<br />Canadian federal law, state and
<br />provincial authorities cannot prevent the
<br />export of Great Lakes water. Most
<br />attempts to do so would likely be
<br />declared unconstitutional and be viewed
<br />as a violation of several national trade
<br />laws, including portions of the General
<br />Agreement on Tariffs and Trade (GATT}
<br />and the North Atlantic Free Trade
<br />Agreement (NAFTA). Both GATT and
<br />NAFI'A insist that if water is treated as a
<br />market commodity inside the basin, it
<br />must also be treated as a commodity
<br />outside the basin, thereby making the
<br />water available to numerous potential
<br />economic interests. However, because
<br />the water of the Great Lakes Basin are
<br />also considered an exhaustible natural
<br />resource, current law allows that local
<br />authorities have the right to regulate
<br />withdrawals in a way that protects the
<br />region's health and economy. In
<br />short, residents of the Great Lakes
<br />basin cannot prevent the export of
<br />water, but they can ensure that
<br />out-of-basin withdrawals are
<br />conducted in a safe and consistent
<br />manner.
<br />Numerous studies, including
<br />the 2000 Global Environmental
<br />Outlook, remind us that our world
<br />is getting thirsty, and as the
<br />demand for freshwater increases,
<br />water-rich regions such as the
<br />Great Lakes Basin are going to feel
<br />a growing pressure from both
<br />national and international
<br />agencies to share their resources
<br />with those in need. The Nova
<br />Group proposal, in this sense, is
<br />only a precursor of things to come. The
<br />market value of freshwater is rising, and
<br />many of the out-of-basin withdrawal
<br />plans that were once considered
<br />uneconomical are beginning to promise a
<br />large reward. As our world attempts to
<br />address a mounting freshwater shortage,
<br />policymakers will inevitably be
<br />confronted with new and imaginative
<br />methods of capitalizing on the region's
<br />natural wealth. These methods have little
<br />or no historical precedent and must be
<br />evaluated according to a set of uniform
<br />standards that can successfully anticipate
<br />all forms of use. The Great Lakes Charter
<br />Annex, under the direction of the Council
<br />of Great Lakes Governors, is expected to
<br />provide these standards within the next
<br />three years.
<br />For more information: The Great Lakes
<br />Charter Annex is available online at
<br />wK~w.cgi~.org, website of The Council
<br />of Great Lakes Governors.
<br />f'~
<br />FACETS Winter 2002 ~~ ~'
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