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Protecting the Great Lakes: Next Steps Great Lakes-St. Lawrence River Basin Water Resources Compact State Implementation Great Lakes Water Conference The University of Toledo College of Law Toledo, OH November 14, 2008 Presented by: Sara R. Gosman National Wildlife Federation

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Protecting the Great Lakes: Next Steps


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protecting the great lakes next steps

Protecting the Great Lakes: Next Steps

Great Lakes-St. Lawrence River Basin Water Resources Compact

State Implementation

Great Lakes Water Conference

The University of Toledo College of Law

Toledo, OH November 14, 2008

Presented by:

Sara R. Gosman

National Wildlife Federation

Ann Arbor, Michigan

compact ratification
Compact Ratification
  • Signed by the Governors
  • Ratified by Minnesota & Illinois
  • Ratified by Indiana, New York, Wisconsin, Ohio, Pennsylvania, and Michigan

Approved by U.S. Congress, signed by President Bush

Effective Date: December 8, 2008

significant compact elements
Significant Compact Elements
  • In-Basin Management
  • Diversion Prohibition with Limited Exceptions
  • Exemptions
  • Conservation & Efficiency Program
  • Science & Information
  • Public Participation & Enforcement
compact requirements
Compact Requirements

Immediately, states must:

  • Review proposed exceptions for diversions
  • Create Council of Governors and begin organization

Within one year, states must:

  • Submit report on programs and list of baseline volumes

Within two years, states must:

  • Develop conservation and efficiency goals, implement a program, and promote conservation measures
compact requirements6
Compact Requirements

Within five years, states must:

  • Develop a water management program for new or increased in-Basin withdrawals and consumptive uses
  • Give states and provinces notice of consumptive use proposals of 5 mgd or greater
  • Maintain a water resources inventory
  • Create a registration program for persons who withdraw 100,000 gpd or more, or divert water of any amount
  • Collectively conduct an assessment of cumulative impacts of water uses
types of implementation
Types of Implementation

Ratification Only

  • Minnesota, Illinois

Expert Recommendations

  • New York, Ohio

Skeletal Program

  • Indiana, Pennsylvania

Comprehensive Program

  • Wisconsin, Michigan
indiana programs
Indiana Programs

Water Management

  • Permit required for withdrawals of 5 mgd from Lake Michigan surface water; 100,000 gpd from specified salmonid streams; 1 mgd from other sources
  • Compact decisionmaking standard

Conservation & Efficiency

  • Voluntary program, to be implemented by rule
  • Legislature must authorize any mandatory program
pennsylvania programs
Pennsylvania Programs

Water Management

  • Regulatory threshold is 100,000 gpd withdrawal; 5 mgd consumptive use

Conservation & Efficiency

  • Voluntary program utilizing a water resources technical assistance center established in 2002
  • Legislature must authorize any mandatory program
wisconsin programs
Wisconsin Programs

Water Management

  • General permit for 100,000 gpd to 1 mgd
  • Individual permit using state standard for 1 mgd or more with consumptive use of less than 5 mgd
  • Individual permit using Compact standard for more than 10 mgd with consumptive use of 5 mgd or more
  • Water supply planning process

Conservation & Efficiency

  • Voluntary statewide program
  • Mandatory and voluntary measures for Basin waters that are necessary to implement regulatory scheme
common provisions
Common Provisions
  • Baseline volume for existing uses
  • Registration program
  • Scope of resources protected from impact under decisionmaking standard
  • Legislative authorization for change to decisionmaking standard
  • Private property rights/public trust
  • Bottled water treatment
next steps
Next Steps?

Indiana

  • Stakeholder process expected to begin in January

New York

  • Recommendations from Department of Environmental Conservation due January 1, 2009
  • Report from Great Lakes Basin Advisory Council due August 4, 2009

Wisconsin

  • Department of Natural Resources will issue approval letters to existing users so they obtain permits
  • Rules expected to be rolled out over next 2 years