What is the Great Lakes Charter Annex by paperboy

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									               Frequently Asked Questions—Annex 2001
                      Implementing Agreements
What is the Great Lakes Charter Annex?
Why was the Annex created?
What does the Annex do?
What is the Decision Making Standard?
What’s next?
What are the Annex Implementing Agreements?
Why have a Standard?
Who else is involved?
Is this really necessary?
What does all of this mean for me?
How does Governor Granholm’s proposed Water Legacy Act fit with the Implementing
     Agreements?
How will the proposed Compact relate to WRDA?
What will the Annex implementing agreements do?
Is this a consensus document of the Governors and Premiers?
When will the implementing agreements go into effect?
What happens after the draft agreements are released?
How can I get copies of the draft Implementing Agreements?
Will there be an opportunity to learn more about the Draft Agreements?
How can I comment on the Draft Agreements?
What are some of the key issues the public is being asked to comment on?
What does it mean when you say “improvement to the water and water-dependent resources of
     the Great Lakes?”
Will the States and Provinces be bound by one agreement or compact?
How will the agreements be enforced?
How will the decision-making process for large-scale diversions and consumptive uses be
     conducted?
Can there be restrictions placed on removals of water outside the basin without restricting water
     use inside the basin?
How long will the approval (project review) process take and will it restrict access for in-basin
     withdrawals?
Will there be some flexibility for communities located on or near the Great Lakes Basin?
How will different withdrawal proposals be judged under the new standard?
Will existing diversions and consumptive uses have to meet the standard?
Will some diversion projects have a more difficult time getting approved than others under the
     Annex implementing agreements?
Will all new or increased water withdrawal proposals have to show improvement to the resource
     under the Annex implementing agreements?
Are there clear directions for which consumptive uses must be reviewed on a regional level?
How will consumptive volumes be calculated?
What kind of conservation measures will be required for approved water uses?
What is so significant about these implementing agreements?
Will these new agreements and the new standard cut off or restrict economic growth?
Would the proposed approval process put the Great Lakes region at a competitive economic
     disadvantage due to a longer and more expensive decision-making process?
Will the new water management system encourage better water conservation?
Will the Annex implementing agreements prevent lake levels from falling further?
How are the terms “withdrawal”, “diversion” and “consumptive use” used in the agreement?
What are some of the current diversions in the Great Lakes?
How do the Agreements address bottled water?




                                            July 2004
               Frequently Asked Questions—Annex 2001
                      Implementing Agreements
What is the Great Lakes Charter Annex?
The Great Lakes Charter Annex (Annex) is an agreement signed by all eight Great Lakes
Governors as well as the Premiers of Ontario and Quebec in 2001 to help protect, conserve,
restore and improve the Great Lakes Basin* for future generations.

Why was the Annex created?
There are many threats to the waters of the Great Lakes Basin and they promise to increase.
The Great Lakes Basin waters are critical to the health of our region and its economy. The
Governors and Premiers created the forward-looking Annex to take steps that will help avoid
conflicts and shortages in the future and protect the resource and related ecosystems. In
addition, in 2000, Congress declares its “purpose and policy…to encourage the Great Lakes
States, in consultation with the Provinces of Ontario and Quebec, to develop and implement a
mechanism that provides a common conservation standard embodying the principles of water
conservation and resource improvement for making decisions concerning the Withdrawal and
use of water from the Great Lakes Basin;”

What does the Annex do?
The Annex was the first part of a two-step process. It updated the way the Great Lakes Basin
should be protected. However, it did not outline the specifics of how to protect it. After signing
the Annex, the Governors and Premiers identified the second step, creating a plan to put the
Annex in motion, which would include a common decision-making standard.

What is the Decision Making Standard?
The Standard is a set of principles that the Great Lakes States and Provinces will use to
evaluate new diversion proposals and withdrawals that result in a loss of water to the Great
Lakes Basin. The Standard is a component of both the proposed Great Lakes Basin
Sustainable Water Resources Agreement between the Great Lakes states and provinces and
the Great Lakes Basin Water Resources Compact between the Great Lakes States.

What’s next?
Since the signing of the Annex, the Governors’ and Premiers’ staffs have been developing
agreements to create a management process for regulating water diversions and withdrawals
from the Great Lakes Basin. These agreements will ensure that authority over the Great Lakes
remains with the Governors and Premiers. Once signed, the new agreements will provide the
framework for each State and Province to pass laws that will protect the Great Lakes Basin.

What are the Annex Implementing Agreements?
The draft proposal includes two Annex 2001 Implementing Agreements:
     The Great Lakes Basin Sustainable Water Resources Agreement (the Agreement), a
       good-faith agreement among the 10 Great Lakes States and Provinces; and,
     The Great Lakes Basin Water Resources Compact (the Compact), an agreement among
       the 8 Great Lakes States to join together in an interstate compact to enhance joint
       decision making about the use of Great Lakes water.
A decision making standard to be used in evaluating future new or increased water uses is
included in both the Agreement and the Compact.

Why have a Standard?
In the 2000 amendments to the Water Resources Development Act, Congress called on the
Great Lakes Governors and Premiers to develop a “common conservation standard” for making
decisions regarding withdrawal of Great Lakes water. In 2001 the Great Lakes Governors and
Premiers reaffirmed their commitment to the principles set forth in the Great Lakes Charter by


                                             July 2004
               Frequently Asked Questions—Annex 2001
                      Implementing Agreements
signing Annex 2001, and committed to develop a new common, resource-based conservation
standard for new or increased water withdrawal proposals.

Who else is involved?
This process has involved a wide range of interested parties participating on the Advisory
Committee. Participants range from the environmental and business communities to the
agriculture, municipal water supply and shipping industries. Additionally, the Governors’ and
Premiers’ staffs have consulted the Tribes and First Nations throughout the region.

Is this really necessary?
Absolutely, threats to the water levels of the Great Lakes will undoubtedly increase in the future
and we must act now to put the proper measures in place so we are prepared to deal with them.

What does all of this mean for me?
The new agreements will protect the waters of the Great Lakes Basin now and into the future.
They will help ensure the Great Lakes remain at safe and healthy levels for future generations.

How does Governor Granholm’s proposed Water Legacy Act fit with the Implementing
Agreements?
The Annex Implementing Agreements and the Governor’s proposed Water Legacy Act are
complimentary. The Annex Implementing Agreements are intended to address diversions and
water loss through consumptive uses that impact the Great Lakes on a regional basis. The
proposed Water Legacy Act will provide the first step for Michigan to meet the requirements of
the Great Lakes Charter and provide a strong basis for meeting many of the requirements of
Annex 2001. The proposed Water Legacy Act is necessary for meeting current and future water
issue within Michigan.

How will the proposed Compact relate to WRDA?
Through federal legislation (Water Resources Development Act –WRDA) any Great Lake
Governor has veto authority over any proposal to divert water out of the Great Lakes basin. The
Compact does not directly change WRDA, nor is it tied to specific changes in WRDA. The draft
agreement continues to provide this authority for all diversion greater than 1 million gallons per
day. However, this is an unresolved issue.

What will the Annex implementing agreements do?
They will help improve the health of the Great Lakes ecosystem by taking a number of
protective steps:
     Establish a series of principles for a new standard to review proposed withdrawals of
        Great Lakes Basin water.
     Include the eight Great Lakes Governors and the Premiers of Ontario and Quebec
        formally in reviewing proposed diversions of Great Lakes Basin water in the United
        States as well as in Canada.
     Strengthen the regional water management decision support system.
     Require water users to practice conservation measures.
     Encourage lasting economic development while making sure withdrawals do not
        damage the Great Lakes Basin.
     Commit to an ongoing process that involves the public in developing the agreements
        and standard.

Is this a consensus document of the Governors and Premiers?



                                            July 2004
               Frequently Asked Questions—Annex 2001
                      Implementing Agreements
The draft Implementing Agreements are being distributed for public review and comment are not
final and do not yet represent unanimous consensus. The public comments will help inform
decisions regarding any final agreements that may be signed in the future by the Governors and
Premiers.

When will the implementing agreements go into effect?
Once the Governors and Premiers sign the implementing agreements, each State and
Provincial legislature will have to approve laws for its specific jurisdiction, using the
implementing agreements as a foundation. In the United States, Congress will have to approve
any binding compact among the States. No federal legislation would be required in Canada.

What happens after the draft agreements are released?
Beginning this summer, there will be regional, State and Provincial public meetings. These
meetings will be an opportunity for everyone to view and comment on the work that has been
done thus far. Once the public comments have been taken into account, the Governors and
Premiers will revise and sign the final agreements.

How can I get copies of the draft Implementing Agreements?
The Office of the Great Lakes has developed a web site where the Agreements and additional
information can be accessed. The web site address is:

                          http://www.michigan.gov/Annex2001Process

The Council of Great Lake Governors has a web site at: http://www.cglg.org

In addition, copies may be requested by contacting the Office of the Great Lakes at:

       Office of the Great Lakes
       P.O. Box 30473
       6th Floor Constitution Hall
       Lansing, MI 48909-7973

Or by calling the office at 517-335-4056.

Will there be an opportunity to learn more about the Draft Agreements?
The Office of the Great Lakes will be conducting outreach efforts including public meeting near
each of the Great Lakes to garner comments on the draft Agreements. The schedule for these
meeting is on the web site identified above.

How can I comment on the Draft Agreements?
The Office of the Great Lakes will be accepting comments on the draft Agreements during a 90-
day comment period ending October 18, 2004. In addition, the Council will be accepting
comments and will conduct public meetings in Chicago, Illinois (September 8, 2004) and in
Toronto, Ontario (September 20, 2004).

Comments may be submitted electronically to both the Office of the Great Lakes and the
Council of Great Lakes Governor at the addresses below:

      Office of the Great Lakes – DEQ-ANNEX-2001@michigan.gov
      Council of Great Lakes Governors - Annex2001@cglg.org



                                            July 2004
               Frequently Asked Questions—Annex 2001
                      Implementing Agreements
Comments received by the Council in electronic format will be posted to the Council of Great
Lakes Governors’ website at http://www.cglg.org where they will be available for public review.

Also, written comments on the proposal may be sent to:

       Office of the Great Lakes                    David Naftzger, Executive Director
       P.O. Box 30473                               Council of Great Lakes Governors
       6th Floor Constitution Hall                  35 E. Wacker Drive, Suite 1850
       Lansing, MI 48909-7973                       Chicago, Illinois 60601

What are some of the key issues the public is being asked to comment on?

The Agreement:
    Would you recommend changes to the Regional Review Process, including any changes
      that could help ensure timely, cost-effective review of water use proposals that are
      subject to regional review?
    Would you recommend changes related to public participation?

The Compact:
    Currently, through federal legislation, any diversion proposal requires the approval of all
      Great Lakes Governors. What is your recommendation for voting on new or increased
      Diversions?
    Currently, the Great Lakes Charter requires States and Provinces to share information
      through a Prior Notice and Consultation process for all new or increased consumptive
      uses of 5 million gallons per day or greater. The draft Great Lakes Basin Water
      Resources Compact would create a regional review process with enforcement
      capabilities. If such a proposal was not approved by three or more Governors, the
      proposal could not go forward. What is your recommendation for voting on new or
      increased consumptive uses?
    Would you recommend changes related to public participation?
    What recommendations do you have for enforcing the terms of the Compact?

Decision Making Standard (Agreement and Compact):
    Would you recommend making changes to the threshold levels for regional review?
       Note: The draft proposal would subject New or Increased Diversions of 1 million gallons
       per day or greater average over any 120-day period and New or Increased Consumptive
       Uses of 5 million gallons per day or greater average over any 120 day period to regional
       review by all ten jurisdictions. Other proposals would be reviewed by the jurisdiction in
       which the proposal originates.
    Would you recommend making changes to the requirements included in the Decision
       Making Standard for determining the adequacy of proposed improvements to the Waters
       and Water-Dependent Natural Resources of the Great Lakes Basin?
    Would you recommend making changes to the averaging period used to determine the
       volume of a proposed water use? Note: The draft proposal includes a 120-day
       averaging period.
    Would you recommend making changes to the definition of “Existing Water Users”?
       Note: In the draft proposal, this definition is used for determining which new or increased
       water uses would be subject to the Decision Making Standard.

Diversions:


                                            July 2004
               Frequently Asked Questions—Annex 2001
                      Implementing Agreements
   The draft Agreement definition of “diversions” includes not only transfers of water out of the
   Great Lakes basin but also includes transfers of water from the basin of one Great Lake to
   another (inter-basin). While Michigan would not have proposals to divert water out of the
   basin, there are inter-basin diversions that could occur using this definition. This may result
   in some projects in Michigan being defined as diversions and having to meet the Decision
   Making Standard requirements for any new or increased use. (Based on USGS information,
   the draft Agreements treat lakes Michigan and Huron as on hydrologic entity, effectively not
   a diversion). What’s your recommendation regarding this issue?

What does it mean when you say “improvement to the water and water-dependent
resources of the Great Lakes?”
It means additional beneficial, restorative effects to the waters and the natural resources of the
Great Lakes Basin that result from associated conservation measures, enhancement or
restoration measures. Some of those practices might include reducing the negative effects of
existing water withdrawals, restoring environmentally sensitive areas or devising some
conservation measures in areas that are not part of the withdrawer’s specific proposal.

Will the States and Provinces be bound by one agreement or compact?
Yes. The Great Lakes States and Provinces will enter into a good-faith agreement incorporating
their commitments to one another. But, United States and Canadian Federal laws prevent
States and Provinces from entering into binding agreements across international borders.
Therefore, the States will enter into one interstate compact that will be paralleled by laws,
regulations, and/or agreements approved in the Provinces.

How will the agreements be enforced?
Because the agreement among the ten jurisdictions is a good faith agreement, the terms of the
agreement cannot be enforced by a court. However, all ten jurisdictions intend to implement
into law what they have promised to do in the agreement. The Provinces intend to pass
individual laws that will implement the agreement. In the States, they will do this by passing a
Compact into law. The States will be able to go to court to enforce the terms of the Compact.

How will the decision-making process for large-scale diversions and consumptive uses
be conducted?
The State or Province in which the application originates will govern most of the process initially.
After proposals are deemed complete by the original jurisdiction, the application will be sent to
the States and Provinces (Regional Body) for review. Proposals in the Great Lakes States will
also be reviewed by the eight Great Lakes Governors (Compact Council). These review
processes will be concurrent when possible. The proposal will then be returned to the original
State or Province for final action.

Can there be restrictions placed on removals of water outside the basin without
restricting water use inside the basin?
If water is treated like a commodity inside the basin, Federal and international law require it to
be treated like a commodity outside the basin. States and Provinces have the authority to
control or limit water removals. However, any such control cannot discriminate, and restrictions
must be implemented to preserve the resource.

If the jurisdictions allow unregulated removal of water inside the basin, but severely restrict its
use outside the basin, it is hard to argue that this control is meant to preserve the resource. It
could indicate that a government is using economic protection rather than environmental
preservation as the foundation for water management.


                                             July 2004
               Frequently Asked Questions—Annex 2001
                      Implementing Agreements
How long will the approval (project review) process take and will it restrict access for in-
basin withdrawals?
The Regional Body and the Compact Council will do everything in their power to ensure that the
process moves as quickly as possible. Many of the steps of the Regional Body and the
Compact Council can take place concurrently to minimize the approval process time. The
Water Management Working Group has conducted a series of scenarios and demonstrated that
approval could take place in less than a year.

Will there be some flexibility for communities located on or near the Great Lakes Basin?
Individual jurisdictions may grant an exemption to the return flow requirement for diversion
applications when the applicant demonstrates that the diversion is less than 250,000 gallons per
day average in every 120 day period and is exclusively for public water supply uses in areas
less than 12 miles from the basin boundary where adequate quantities of potable-quality water
are not available.

Additionally, communities (cities, towns or the equivalent thereof) whose existing corporate
limits are in part within the watershed of one Great Lake or the St. Lawrence River and whose
public water supply and wastewater discharge occur within that same watershed will be
considered to be entirely within that watershed for the purposes of the Standard.

How will different withdrawal proposals be judged under the new standard?
Withdrawals will be judged based upon their impacts on the Great Lakes ecosystem using a
consistent decision making standard. Water withdrawals of the same quantity can have very
different effects on the ecosystem depending upon their location and the rate at which water is
withdrawn. A 1 million gallon per day withdrawal from the middle of the open waters of a lake
will have a different impact than a withdrawal of the same size from a wetland, groundwater
source, river or tributary.

Will existing diversions and consumptive uses have to meet the standard?
Not necessarily. The standard is not intended to restrict existing uses. As currently drafted, the
new standard will be applied to new and increased water withdrawals from the Great Lakes
Basin. Any State or Province may consider applying the same requirements to existing
withdrawals, but it will not be required uniformly.

Will some diversion projects have a more difficult time getting approved than others
under the Annex implementing agreements?
All diversion proposals will follow the same criteria and have to yield results that improve the
Great Lakes ecosystem.

Will all new or increased water withdrawal proposals have to show improvement to the
resource under the Annex implementing agreements?
All large-scale withdrawals and all diversions will need to result in an improvement to the
ecosystem. Because improvement is a new concept, smaller withdrawals intended for use in
the Great Lakes Basin will not initially face this requirement. However, these proposals will
have to meet all of the other decision-making criteria including a demonstration that they pose
no significant adverse impact.

Are there clear directions for which consumptive uses must be reviewed on a regional
level?



                                             July 2004
               Frequently Asked Questions—Annex 2001
                      Implementing Agreements
Yes. The direction is that any water use that results in more than 5 million gallons per day being
withdrawn, using a 120-day averaging period, must be reviewed regionally. Five million gallons
per day would service the household needs of a town of about 50,000 people.

How will consumptive volumes be calculated?
They will be calculated using a 120-day average to ensure an accurate volume can be
measured.

What kind of conservation measures will be required for approved water uses?
The goal is to minimize water withdrawals and losses through demand reduction and supply-
side measures and incentives. These measures fall into two general categories: 1) Hardware
devices or equipment and 2) behavior or management practices. The standard requires all
jurisdictions to develop water conservation programs for new and existing users.

What is so significant about these implementing agreements?
This is the first time in history that the eight Great Lakes Governors and the Premiers of Ontario
and Quebec have come together to create legally binding agreements, creating unprecedented
protection for the entire Great Lakes Basin. It is important to understand that there are a wide
variety of interests and it is an extremely complicated process to reach agreement on these
important protections. However, all of the interests realize the need for such protections and
have placed the long-term health of the Great Lakes Basin and its availability in the future as top
priorities.

Will these new agreements and the new standard cut off or restrict economic growth?
No. One of the main goals is to preserve the Great Lakes Waters so they will be available for
use far into the future. It is important that we begin to look beyond today and tomorrow. By
preserving, restoring, protecting and improving the Great Lakes, we will ensure that there is
enough water in the future for business use, residential and economic growth, and preservation
of a healthy environment that encourages people to locate in the Great Lakes region.

Would the proposed approval process put the Great Lakes region at a competitive
economic disadvantage due to a longer and more expensive decision-making process?
The waters in the Great Lakes Basin are critical to the economic development of the region, and
the jurisdictions are working to ensure that the waters are available and in good health for future
use.

Will the new water management system encourage better water conservation?
Absolutely, the new water management system will include strong provisions requiring water
conservation for new or increased water-use proposals. Additionally, the jurisdictions will
develop and implement water conservation programs for both new and existing users.

Will the Annex implementing agreements prevent lake levels from falling further?
Annex implementation will help to ensure that water levels are protected so that any future
withdrawals will not aggravate the natural levels and flows of the Great Lakes.

How are the terms “withdrawal”, “diversion” and “consumptive use” used in the
agreement?
    Withdrawals are takings of water from surface or groundwater, by any means.
    Diversion is a transfer of water from the Great Lakes Basin into another watershed, or
      from the watershed of one of the Great Lakes, into that of another, by any means.



                                            July 2004
               Frequently Asked Questions—Annex 2001
                      Implementing Agreements
      Consumptive Loss is that portion of water withdrawn or withheld from the Great Lakes
       Basin that is lost or otherwise not returned to the Great Lakes Basin due to evaporation,
       incorporation into products or other processes.

What are some of the current Diversion in the Great Lakes?
Current diversions of water out of the Great Lakes include Chicago, Illinois (2,081 million gallons
per day), Pleasant Prairie, Wisconsin (3.2 million gallons per day), and Akron, Ohio (3.8 million
gallons per day)

How do the Agreements address bottled water?
Under the draft Agreements, a proposal to withdraw water and to package it within the Great
Lakes Basin for human consumption in containers 5.7 gallons (20 litres) or less will be
considered to be a proposal for a consumptive use for purposes of the Standard. A proposal to
withdraw water and to remove it from the Basin in any container greater than 5.7 gallons (20
litres) shall be considered to be a Diversion.


*The Great Lakes Basin is the region of the Great Lakes and the St. Lawrence River (upstream from
Trois-Rivières, Québec) surrounding each body of water, where water drains toward the Lakes and the
River.




                                             July 2004

								
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