INTRODUCTIONto the

INTERNATIONAL JOINT COMMISSIONUnited States - Canada

forRepresentatives from the

Government of Mozambique

James ChandlerFrank 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 CommissionPrinciples 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

Mary Gusella Tom Baldini

Jack Blaney Robert Gourd

Commissioners

IJC Organization

Commissioners

US SectionWashington

Canadian SectionOttawa

Great Lakes RegionalOffice (Windsor, ON)

Boards ofControl -

Combined Boards

InvestigativeBodies

PollutionSurveillance

Boards

Great LakesWater Quality

Institutions

Boards and Task Forces

BOARDS of CONTROL/COMBINED BOARDS/POLLUTION BOARDS

• International St. Lawrence River Board of Control• International Niagara River Board of Control• International Lake Superior Board of Control • International Osoyoos Lake Board of Control• International Rainy Lake Board of Control• International Rainy River Pollution Advisory Board• International Lake of the Woods Board of Control• International Kootenay Lake Board of Control• International Columbia River Board of Control• International Air Quality Advisory Board• International Red River Board *• International St. Croix River Board *• International Souris River Board *

* Newly Combined Boards

GREAT LAKES WATER QUALITY

•Great Lakes Water Quality Board

•Great Lakes Science Advisory Board

•Council of Great Lakes Research Managers

INVESTIGATIVE BODIES

•Health Professionals Task Force

•St. Mary-Milk Rivers Accredited Officers

•Lake Ontario-St. Lawrence Study Board

•Upper lakes Plan of Study Team

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

• Water Level Shifts– Highs - 70s-90’s– Lows - 60’s, 1998-2001

• Impacts– High Levels

• 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

575

576

577

578

579

580

581

582

583

Ele

v.

IGL

D1

985

(F

ee

t)

1964

1986

2001Lakes Michigan-Huron1960

Upper Lakes

Lake Ontario-St Lawrence

LAKE ONTARIO - ST. LAWRENCE RIVER

MOSES SAUNDERS HYDRO PROJECT

CAPE VINCENT

KINGSTON OGDENSBURG

PRESCOTT

CORNWALL

MONTREAL

ST. LAWRENCE RIVER

LAKE ERIE

NIAGARA R.

OTTAWA RIVER

TORONTO

ROCHESTEROSWEGO

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

IJC

U.S. & Canadian Co-DirectorsStudy Board - 14 members

U.S. & Canadian Study Managers & Public Affairs Officers

Technical Work Groups • Environmental• Recreational Boating/ Tourism• Hydrologic Models, Clim. Change & Eval.• Coastal Zone/ Shore Interests• Commercial Navigation• Domestic, Industrial & Municipal Water• Hydroelectric Power• Common Data Needs • Plan Formulation

International Lake Ontario-St. Lawrence River StudyInternational Lake Ontario-St. Lawrence River Study

Public Interest Advisory Group22-24 Members (U.S.-Canadian) appointed by IJC in consultation with the Study Board

Direct Consultative

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

• Transboundary Pollution

• Red River Floods

The Red River Basin

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