The Great Lakes Compact

The Great Lakes – St. Lawrence River Basin Water Resources Compact (the Compact) bans large-scale diversions from the Great Lakes and establishes a consensus-based process for managing the region’s waters. It also is a catalyst for state and regional water conservation measures. Additionally, it sets uniform standards for monitoring new water withdrawal proposals within the basin.

This formal, interstate compact has the force of a federal law, with standing in federal court. It was signed by all eight Great Lakes state Governors in December 2005. It then began a journey that included being passed by each of the eight state legislatures, ratified by the US Congress, and finally signed into law by the President on October 3, 2008.

Tip of the Mitt Watershed Council was deeply engaged in the passage of The Great Lakes Compact by the Michigan legislature. We also worked to shape the important changes to our water use laws in the state, heading up a statewide coalition of groups called the Great Lakes, Great Michigan Coalition, which supported passage of the Compact and a platform of strong water use policies. We are also proud of the work we did at the federal level to get the Compact passed in the US Senate and House of Representatives, and then signed into law by the President.

Here is a link to the Tip of the Mitt Watershed Council fact sheet: Everything You Need to Know about The Great Lakes Compact.

CURRENT PRESS RELEASE

September 23, 2008
Great Lakes Compact: Key protections for world’s greatest freshwater resource

Petoskey, MI – Today’s Congressional passage of the Great Lakes Compact provides important new protections from large-scale water diversions and a framework for strengthening state water laws, Tip of the Mitt Watershed Council and other Michigan environmental groups said today.

The Compact bans large-scale diversions from the lakes and establishes a consensus-based process for managing the region’s waters. It also is a catalyst for state and regional water conservation measures. “This Compact is the result of years of negotiation among the eight states,” said Dr. Grenetta Thomassey, Policy Director at Tip of the Mitt Watershed Council. “It took a lot of hard work to pass, but it was a labor of love for the people of this region. This bold step builds upon a long, steady, solid history and legal foundation for cooperatively managing the Great Lakes among the eight states and two Canadian provinces. We take our role seriously as guardians of the lakes, and we understand that this majestic ecosystem could not survive if we remove the water.”

The Compact has now been ratified by all eight Great Lakes states and both houses of Congress. It awaits President George W. Bush’s signature. He has indicated he will sign it into law.

“This is an historic day for the protection of a Great Lakes system that is a global treasure,” said James Clift, Policy Director for the Michigan Environmental Council. “We are pleased that Congressional leaders from both the Great Lakes region and elsewhere recognize the importance of the Great Lakes. It says the Lakes are a national gem – like the Grand Canyon or the Florida Everglades – worthy of our defense and stewardship.”

“The importance of the Great Lakes is finally becoming a priority of Congress,” said Abby Rubley of the Michigan League of Conservation Voters. “The passage of the Compact coupled with the recent passage of the Great Lakes Reauthorization Legacy Act moves the importance of restoring and protecting these natural treasures to the top tier."

Michigan ratified the Compact along with other water laws specific to Michigan in July. The Michigan laws establish scientific resource-based protections for water withdrawal, create public input opportunities and require permitting of large water withdrawals from lakes, streams or groundwater. They also incorporate water conservation as an integral part of Michigan’s water protections.

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Implementing the Great Lakes Compact in Michigan

On July 9, 2008 Governor Jennifer Granholm signed legislation that passed the Great Lakes Compact in the state of Michigan. This legislation also included new water withdrawal laws that are groundbreaking, taking a positive step to protect our water resources for generations to come.

Dr. Grenetta Thomassey, Policy Director at Tip of the Mitt Watershed Council, co-authored an Opinion Editorial with James Clift, Policy Director of the Michigan Environmental Council. It appeared in the Detroit Free Press on September 15, 2008. Here is an excerpt:

"Here is a short summary of some of the key points in the new Michigan laws:

• Protecting against “adverse impacts”
  The new law reserves at least 75% and in some cases up to 95% of the summer low-flow of rivers and streams to protect aquatic health. As cumulative withdrawals get closer to this line, more public input, state oversight and review of possible water conservation measures are required.
  
• State Oversight
  The threshold for state permits to withdraw water from the Great Lakes was lowered from 5 million to 2 million gallons a day. Additionally, the threshold from inland sources is lowered from 2 million gallons a day to 1 million gallons a day in sensitive areas. The thresholds for water bottling plants are lowered to new plants or expansions over 200,000 gallons a day.
  
• Public Participation
  The law involves the public through new “water use assessment and education committees” when withdrawals start to have minor impacts in stream flows. Groups working on local water quality issues are notified and given the opportunity to be involved in reviewing local water use and efforts to use it efficiently. Public notice and participation is required for any facility that requires permitting.
  
• Conservation
  Since 2006, water use sectors have been developing environmentally sound and economically feasible water conservation practices. The new law requires water users to self-certify that they reviewed these practices, and are implementing cost-effective practices in some instances.

Recent concerns have been expressed whether the legislation will have unintended consequences, making water available for commercialization and for sale to the highest bidder. We do not believe so. Nothing in this law makes it easier for someone to gain access to Michigan’s water. Riparian landowners still have the right to put Michigan’s water to reasonable use. They may also take a neighbor to court if they think that their use of water is an unreasonable use of water. In some cases, a use will be deemed “unreasonable” before it meets the thresholds established above, depending on the size and location of the proposed water use.

The new laws do not change our common law protections, but supplement them with a protection architecture that also watches out for the fish and wildlife. Of course, those protections will also boost the tourism-related businesses that rely on those natural resources. The legislation specifically states that it does not alter or affect the interest that property owners have in water, or waive or cede any interest that the state holds as sovereign for the people of Michigan.

More can always be done to protect our water resources. All water resources, both surface and groundwater, are interconnected and should be governed as public resources. Recent court decisions have clouded the nature of this protection. The legislature could have and should have clarified this protection. However, given what has been accomplished recently, we should also applaud the hard work that brought us this far.”

For more information about the new water use legislation in Michigan, you can contact Dr. Grenetta Thomassey, 231-347-1181 ext. 118 or email her at grenetta@watershedcouncil.org