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Statement by Consul General of Canada
to the
to the Council of Great Lakes Governors
on the Proposed
Great Lakes Basin Sustainable Water Resources Agreement and
Great Lakes Basin Water Resources Compact
September 19, 2005

International Obligations

1.         The Government of Canada wishes to express its support for the coordinated efforts of all jurisdictions to develop the two Great Lakes Charter Annex implementing agreements, to protect, conserve, restore and improve the waters of the Great Lakes / St. Lawrence Basin. Canada appreciates consideration taken for elements of previous submissions including reference to the Boundary Waters Treaty and the International Joint Commission. The Treaty and the Commission will remain the key legal and institutional features framing the transboundary water relationship between the two countries. The following submission raises remaining issues regarding the June 30, 2005 revised draft Agreement and Compact.

Prohibition on Out-of-Basin Diversions

2.         Canadian law prohibits bulk removals from boundary waters, a position which the Government of Canada will maintain. The Government of Canada supports the Council’s decision to provide for a general prohibition on out-of-basin diversions. However, we remain concerned by exemptions to the provisions for new or increased diversions of Great Lakes water.

Specific Comments

3.         Canada endorses the Council’s decision to recognize the importance of adopting a precautionary approach in making choices about the waters of the Great Lakes / St. Lawrence basin. This approach will help safeguard water supplies and minimize the spread of pollutants, invasive alien species and pathogens.

4.         It is important that the 2005 draft agreements provide a clear description of the requirements and approvals process for any water withdrawals within the Basin. Canada supports the provision in the 2005 drafts which states that a proposal for withdrawal or consumptive use must meet all relevant state or provincial laws and obligations as well as the terms of the Boundary Waters Treaty. Proposals for withdrawals should also meet water quality standards, and applicants should be able to demonstrate no environmental harm.

5.         Canada welcomes the requirement in the revised drafts that all jurisdictions must have water conservation plans in place. Canada encourages the parties to consider the development of common conservation objectives and standards based on science that could apply to all parties.

6.         Although the agreements stipulate that proposals must be for “public water supply purposes”, the term requires more precise definition to limit the large-scale use of water for irrigation and other commercial purposes. We continue to stress the need for scientific information and research on consumptive uses and their impacts, and on consumptive use coefficients, given that the agreements provide no definitive guidance in this area for “public water supply purposes.”

7.         A standard approach is needed for improved monitoring of water withdrawals and return flows in order to determine how much water is lost through diversions. Canada also supports improved scientific information on the groundwater divide as a means to improving future water use and our understanding of the amounts of water available. 

8.         The Government of Canada welcomes the requirement for periodic cumulative impact assessments on withdrawals, diversions and consumptive uses from the Basin waters. To reduce ecological impacts, the agreements would be further strengthened by requiring an appropriate environmental assessment for each proposal.

Conclusion

9.         Canada recognizes the important role that the Council of Great Lakes Governors play in the protection of the ecological integrity of the Basin and in the promotion of sustainable water management. The Agreement and Compact provide key improvements over the status quo by recognizing the precautionary approach, providing a higher standard for approval of water withdrawals, extending the scope of water management in the Basin and emphasizing the importance of requiring water conservation measures. As the parties resume their work to conclude the agreements, the Government of Canada urges them to secure and build on these advances. By addressing these areas, the agreements would provide a higher standard for sustainable water management for the long-term protection of the Basin.

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