Great Lakes Water Withdrawals: Legal and Policy Issues

Publication Date: June 2008

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Environment

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Abstract:

The Great Lakes and their connecting waters form the largest fresh surface water system on Earth and support substantial social, economic, and ecological interests in the United States and Canada. Because less than 1% of Great Lakes water, on average, is renewed annually, many are concerned with potential threats to lake levels and quality, including environmental and climatic changes, growing consumptive uses of water, and most notably, a growing demand to move Great Lakes water to water-thirsty regions across the United States and throughout the world. Several laws, policies, and governing bodies already regulate the use, withdrawal, and diversion of water from the Great Lakes Basin; however, the concern over domestic and international demand for Great Lakes water has prompted officials from the United States and Canada to reevaluate these laws and policies.

Currently, the Council of Great Lakes Governors (CGLG) -- a partnership of the governors of the eight Great Lakes states and the Canadian provincial premiers of Ontario and Quebec -- is creating a new common conservation standard to manage water diversions, withdrawals, and consumptive use proposals. On July 19, 2004, the CGLG announced the completion of a draft Agreement and Compact to address such concerns. Some interest groups have voiced concern over the draft proposals, asserting that they may impair some industries' access to water; seriously challenge Canadian and state sovereignty; and facilitate, rather than constrain, the diversion of water. Upon completion of a final version, the Compact will need to be approved by each state legislature, as well as the U.S. Congress, to achieve full force and effect as an interstate compact. The Canadian federal government and the provinces of Ontario or Quebec are not parties to the Compact; the provinces are, however, supposed to be signatories to the related international state-provincial Agreement. The Final versions of the Compact and Agreement are expected to be released during the 109th Congress.

This report describes the characteristics of the Great Lakes, the interests they support, and possible threats to lake levels. It analyzes the current laws and policies that regulate the diversion, withdrawal, and consumptive use of water from the Great Lakes. Also included is a discussion of the draft Agreement and Compact and the various positions voiced by interest groups. This report concludes with a general discussion on the relationship between compacts, federal law, and the Congress. This report will be updated as warranted.