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“FLOW FOR WATER” WOULD LIKE TO ANSWER A FEW COMMONLY ASKED QUESTIONS
Q. What is the Great Lakes Compact?
A. The Great Lakes Compact is a water withdrawal and anti-water diversion agreement between the eight Great Lakes states and approved by Congress under the "state compact clause" of the U.S. Constitution. The purpose of the Compact grew out of threats from private and public schemes to divert or export water to the West or China. The Compact prohibits all new or increased diversions of water out of the Basin with a few narrow exceptions for communities that straddle Basin boundaries. The Compact also requires review and approval by a regional body, standards to assure withdrawals do not cause significant harm, and encourages conservation. Unfortunately, the Compact does not address the prohibition on water "exports" under the WRDA. In fact, as will be explained below, it may well authorize exports of water
Q. What is a Water Diversion, and what is the exemption?
A. The Compact defines "diversion" as "a transfer of water from the Basin into another watershed, or from the watershed of one of the Great Lakes into that of another." However, here is the problem: The definition "does not apply to water that is used in the Basin or a Great Lake watershed to manufacture or produce a product that is then transferred out of the Basin or watershed." This provision was supposed to exempt such items as farm products, soft drinks, and beer. It was not supposed to exempt unlimited quantities of water itself.
Q. So where is the "Leak" in the Compact?
A. The Compact defines "product" as "something produced in the Basin by human or mechanical effort or through agricultural processes and used in manufacturing, commercial or other processes or intended for intermediate or end use consumers."
Let's take a minute and remove all the other "ands" or "or's" from this sentence. Here is how it reads. "Product is defined as something produced in the Basin by humans or mechanical effort or through agricultural processes intended for end use consumers."
Folks, this definition could be argued in the courts or trade tribunals to mean water in very large or small containers! Any water that is "produced" (that is withdrawn from any body of water) and "intended for consumers" is a "product" and not a diversion and not banned by the Compact. Water produced and transferred out of the Basin for consumers is not diversion and not banned by the Compact. There is no limit in the definitions of "diversion" and "product" on the quantity or amount of water or on the size of the container or package. Accordingly, by definition, a serious threat exists that there is no limit on the right of a person, corporation, or foreign country to export water for wholesale or retail use anywhere else in the world. This includes the threat of claims under such trade agreements as NAFTA.
This is a gaping leak in the Great Lakes compact! We, as citizens, can plug the leak in the Great Lakes Compact by demanding the passage of U.S. House Resolution 551, which removes water itself from the definition of "product" in the Compact! Why would we want to leave the future control of our water up to a decision by international trade tribunals or courts in which we have no or little say?
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