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					        INTRODUCTION
               to the
INTERNATIONAL JOINT COMMISSION
       United States - Canada
                  for
        Representatives from the
       Government of Mozambique

             James Chandler
             Frank Bevacqua
              October 9, 2001
                www.ijc.org
                     Agenda
• The IJC
    – Authorities
    – Organization
•   Great Lakes Water Quality
•   Great Lakes Water Levels
•   Great Lakes Water Uses
•   Other Transboundary Activities
•   Summary
United States
     The IJC in Brief
• A Unitary Treaty Organization
• Six Commissioners -Serve without Instructions
• Decides by Consensus
• Operates from Yukon to Gulf of Maine
• Controls Flows in Boundary Waters
• Prevents and Resolves Disputes Over Shared
  Water and Air
• Watchdog of Great Lakes Restoration Efforts
• Conducts Studies for Governments
  Boundary Waters Treaty
        of 1909

• Provided Principles and Mechanisms to Prevent and
  Resolve Disputes Concerning Water Quantity and
  Water Quality and Other Environmental Issues
  Along the U.S.-Canada Boundary
• Freedom of Navigation in Boundary Waters
• Required Approval of the IJC or the Two Federal
  Governments for Projects that Affect Levels and
  Flows in Boundary Waters
  Boundary Waters Treaty
      of 1909 cont.

• In Transboundary Rivers, Upstream Country
  Controls Flows that would Cross Boundary, but
  Downstream Country needs International Approval
  for Dams that Raise Water Levels Upstream of the
  Boundary
• Pollution Causing Transboundary Injury is
  Prohibited
• Established the International Joint Commission
  (IJC)
              Other IJC Authorities

• Great Lakes Water Quality
     Agreement of 1978
• References from Governments
• Orders in Response to Applications
• Columbia River Treaty
• Rainy Convention
• Lake of Woods Convention
International Joint Commission
    Principles of Operation
• Operation Without Instructions
  from Governments
• Balanced Membership:
   –Three Commissioners From Each Country
   –Equality on IJC Boards and Working Groups
• Service in Personal and Professional
  Capacity
• Good Science - Joint Fact Finding
• Full Public Involvement
        Commissioners




Mary Gusella    Tom Baldini




 Jack Blaney    Robert Gourd
                      IJC Organization

                        Commissioners


    US Section         Great Lakes Regional      Canadian Section
    Washington         Office (Windsor, ON)          Ottawa




   Boards of      Investigative    Pollution     Great Lakes
   Control -         Bodies       Surveillance   Water Quality
Combined Boards                     Boards        Institutions
                               Boards and Task Forces

BOARDS of CONTROL/COMBINED                             GREAT LAKES WATER QUALITY
  BOARDS/POLLUTION BOARDS
• International St. Lawrence River Board of Control
                                                       •Great Lakes Water Quality Board
• International Niagara River Board of Control
                                                       •Great Lakes Science Advisory Board
• International Lake Superior Board of Control
                                                       •Council of Great Lakes Research
• International Osoyoos Lake Board of Control
                                                                 Managers
• International Rainy Lake Board of Control
• International Rainy River Pollution Advisory Board
• International Lake of the Woods Board of Control     INVESTIGATIVE BODIES
• International Kootenay Lake Board of Control         •Health Professionals Task Force
• International Columbia River Board of Control        •St. Mary-Milk Rivers Accredited
• International Air Quality Advisory Board                       Officers
• International Red River Board *                      •Lake Ontario-St. Lawrence Study Board
• International St. Croix River Board *                •Upper lakes Plan of Study Team
• International Souris River Board *

          * Newly Combined Boards
                The Great Lakes

•   20% of World’s Fresh Water
•   Inland Navigation Highway
•   Power Source for Industries
•   Water Source for 40 Million
•   Natural Treasure
•   Recreation Centerpiece
•   Threatened by Pollution
•   Challenged by Demand
      Great Lakes Water Quality
• Binational GL Water Quality Agreement
  – IJC Watchdog – Parties Implement
  – IJC Biennial Report to Governments
• Issues
  – Restoration
     • Adequate Funds (>$6B) -Defined Program
     • Role of Air Pollution
  – Aquatic Nuisance Species
     • Standards
     • Federal Action Gap
  – Emerging Issues
     • Groundwater
     • Urban Sprawl
  – Review of the Agreement
           Great Lakes Water Levels




                                       Elev. IGLD1985 (Feet)
                                                    583

• Water Level Shifts                                582
                                                    581
                                                               1986

  – Highs - 70s-90’s                                580
                                                    579
  – Lows - 60’s, 1998-2001                          578
                                                    577

• Impacts                                           576
                                                    575
                                                                                 1964

  – High Levels                                     1960              Lakes Michigan-Huron   2001


     • Shoreline Erosion - Flooding - Cross-currents
  – Low Levels
     • Hydropower - Navigation - Recreational Boating -
       Environment
• Actions - Review of IJC Orders
  – $20 Million St. Lawrence-Ontario Study
  – Proposed Upper Lakes Study
• Unknown - Climate Change
Upper Lakes
              Lake Ontario-St
              Lawrence
          LAKE ONTARIO - ST. LAWRENCE RIVER


                                              OTTAWA RIVER
                                                             MONTREAL
                                       CORNWALL
                                      PRESCOTT         MOSES SAUNDERS
                                                         HYDRO PROJECT
                                 KINGSTON         OGDENSBURG
                                             ST. LAWRENCE RIVER
                                            CAPE VINCENT
TORONTO


                                      OSWEGO
                          ROCHESTER
 NIAGARA R.



              LAKE ERIE
        St. Lawrence-Lake Ontario Study

Background
 • St Lawrence River Projects Authorized by IJC in 1952 under
      Boundary Waters Treaty
 • Current regulation - Orders of Approval as Amended in 1956
 • Treaty Interests: Navigation, Water Supply, Hydropower,

Purpose of Study: Review Regulation to Ensure Appropriate
Treatment of Existing Interests and Consideration of
  • Environmental Factors
  • Recreational Boating and Related Interests
  • Actual Water Supplies Received
  • Climate Change and Variability
International Lake Ontario-St. Lawrence River Study

                                    IJC


                         U.S. & Canadian Co-Directors
                          Study Board - 14 members
                       U.S. & Canadian Study Managers
                            & Public Affairs Officers


 Public Interest Advisory Group            Technical Work Groups
 22-24 Members (U.S.-Canadian)             • Environmental
 appointed by IJC in consultation          • Recreational Boating/ Tourism
 with the Study Board                      • Hydrologic Models, Clim. Change & Eval.
                                           • Coastal Zone/ Shore Interests
                                           • Commercial Navigation
                                           • Domestic, Industrial & Municipal Water
                                           • Hydroelectric Power
                                           • Common Data Needs
   Direct     Consultative                 • Plan Formulation
         Upper Lakes Study

Background
 • Current regulation of Lake Superior - Orders of Approval as
 Amended in 1979
 • Identified Interests: Navigation, Water Supply, Hydropower

Purpose of Study: Review Regulation to Ensure Appropriate
Treatment of Existing Interests and Consideration of:
  • Environmental Factors
  • New Interests
  • Actual Water Supplies Received
  • Climate Change and Variability
  • Technological Advances
NOVA
           Great Lakes Water Uses

• IJC Study – Protection of the Waters of the
  Great Lakes
  – No Surplus – Threat from Near-basin Communities
  – Protect Integrity of Waters
     • Diversions
     • Consumptive Use
  – Need ‘No Discrimination’ Standards –
    NAFTA/GATT/Commerce Clause
  – Governors/Premiers Prepare Standards
  “…without prejudice to authority of federal
    governments”
         Great Lakes Water Uses
            Ongoing Actions

• States/Provinces
  – Annex 2001 - Diversions
  – Information Systems Improvements
  – Cumulative Impact Analysis
• Federal
  – IJC 2003 Review of Progress
  – IJC 10-year Review of Water Use
         International Transboundary
              Watershed Boards
• Outgrowth of IJC and 21st Century
  – Bring Together Transboundary Ecosystem Interests
  – Alert, Assess, Report
           International Transboundary
                Watershed Boards
• 1998 Reference to IJC
  – Concept Has Merit
  – Examine Border Areas for Feasibility
  – Recommend Pilot Board
• IJC December 200 Report
  –   Reaction on Border Mixed
  –   IJC Combining Boards as First Step
  –   Red River Recommended as Pre-pilot Board
  –   Resources Will be Required
The Red River Basin

 • Transboundary
   Pollution
 • Red River Floods
    The Red River Flood
          of 1997
•   >$4 Billion (US) Damages
•   $ >$2 Billion (US) Federal Flood Recovery Costs
•   >100,000 People Evacuated
•   4 Major Communities Flooded
•   Grand Forks Population Dropped by 8%
•   Winnipeg Spared by Centimeters
•   Largest Canadian Military Deployment since Korean
    War
  Study Conclusions - The Flood
• Flood Was Natural Event
• Equal or Larger Floods Can Be Expected in Future
  – Paleo-Analysis
  – Historical Records - 1826 Flood
• People and Property at Risk
  – Winnipeg
  – Cities and Villages
Study Conclusions - Necessary Actions

• Development of Comprehensive Binational
  Basin Plan
• Use of Balanced Approach - No Single
  Solution Will Solve Problem -
    - Reservoirs    - Micro-Storage
    - Wetlands      - Levees
    - Relocations
Souris River Basin
       International Souris River Board

• Combining Board & WQG
    – Quantity – IJC
    – Quality - Governments
•   Small Membership – Enlarge?
•   Flood Concerns- Flood Report
•   Lake Metigoshe
•   Federal-State- Provincial Tensions
Rainy River Basin
      Rainy-Lake
     of the Woods
• 1925 Lake of the Woods
  Convention and Protocol
  – International regulation - ILOWCB - only for water levels
    greater than 1061 ft or less than 1056 feet
  – 2001 concerns over high water, international regulation
  – Lack of clarity over (U.S.) ILOCB reporting channels


• 1938 Rainy Lake Convention
  – IJC to avoid high and low emergency levels
  – Accomplished via rule curves (major review completed 2000)
  – IJC combining water level and water pollution boards
     Rainy Issues
• New Orders
  – Background – Local Interest
  – Wellstone Amendment
  – Follow-up - Assessment
• 2001 High Water
  – Issues
  – Report
• Rainy Boards Combination – Q&Q
  – Membership
  – Operations
  – Activity - Resources
  IJC Experience
• Independently Regulates
  Operation of 19 Structures in
  Boundary/transboundary Waters
• Addressed Over 50 Potential Problems At Request of
  Governments
• Provides Periodic Alerting Reports to Governments on
  Transboundary Air and Water Issues
• Apportions Waters on 3 Transboundary Rivers
• Monitors Government Progress Under Great Lakes
  Water Quality Agreement

				
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