INTRODUCTION to the INTERNATIONAL JOINT COMMISSION United States - Canada for Representatives from the Government of Mozambique James Chandler Frank Bevacqua October 9,

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

Mary Gusella Tom Baldini Jack BlaneyRobert Gourd Commissioners

IJC Organization Commissioners US Section Washington Canadian Section Ottawa Great Lakes Regional Office (Windsor, ON) Boards of Control - Combined Boards Investigative Bodies Pollution Surveillance Boards Great Lakes Water 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, 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 Elev. IGLD1985 (Feet) Lakes Michigan-Huron 1960

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 ROCHESTER OSWEGO

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

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 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 21 st 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 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