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Canada's Statement to the International Joint Commission

The Commissioners are aware the State of North Dakota has now substantially completed construction of an outlet from Devils Lake. The project has proceeded without an environmental assessment or safeguards to prevent the transfer of invasive species and pollution to the waters of the Sheyenne and Red Rivers. Once the outlet becomes operational, there will an undetermined risk of ecological and economic damage to Manitoba.

In its 1977 Report on the Garrison Diversion Project, the Commission recommended that such projects not proceed unless and until Governments agreed that methods had been proven that would eliminate the risk of biota and disease transfer or that those issues were no longer of concern.

In discussions about a potential outlet project, Canada has consistently and repeatedly expressed its strong concern with the potential water quality, biological, economic and environmental consequences that could result. On several occasions, including in this room, Canada has sought and received assurances from the US Government that any Devils Lake outlet would have to conform to US obligations under the Boundary Waters Treaty.

The best approach to ensuring that the outlet complies with the Treaty is through an independent scientific review by the Commission. That is why in April 2004 we asked the Government of the United States to join with us in support of a reference to the Commission. The Premier of Manitoba, supported by the federal government, has given a public undertaking to respect the Commission's findings.

Canada believes that it is important to note the widespread and binational support for instructing the Commission to examine this issue. Attached to this statement, you will find recent letters from the Governors of Minnesota and Missouri, Congressional Representatives from Minnesota and New York, the Great Lakes Commission (representing eight member States), the Premiers of Quebec and Ontario and the Canadian Wildlife Federation.

Their argumentation may vary but all conclude that the outlet proposal must be referred to the IJC.

As stated earlier, Canada is concerned about the potential damage to Manitoba waters. Canada is also concerned, however, about the negative precedent of allowing the outlet to operate later this year. Where the environment is concerned, it is contrary to traditional practice and to common sense to suggest that assessment only take place after the potential damage has occurred. What leverage will either government have in the future if a state or a province wants to proceed with a transboundary water project, citing Devils Lake as an excuse to avoid the inconvenience of proper environmental assessment?

We look to the US Government to ensure that the Boundary Waters Treaty is respected in fact and in spirit. The only way to do so is to agree to a joint reference to the IJC, deferring any operation of the outlet project pending the Commission's recommendations.

Washington, D. C.
April 14, 2005