9TH ANNUAL INTERNATIONAL LEGISLATORS FORUM

MANITOBA| MINNESOTA| NORTH DAKOTA| SOUTH DAKOTA

GIMLI • JUNE 24-26 2009

FRONT ROW (left to right): Representative Val Rausch-SD, Representative Lois Delmore-ND, Ms. Mavis Taillieu-MB, Ms. Jennifer Howard-MB, Honourable RosannWowchuk-MB SECOND ROW: Representative Paul Dennert-SD, Senator Tom Hanson-SD, Senator Jim Peterson-SD, Senator Rich Wardner-ND, Mr. Ralph Eichler-MB THIRD ROW: Senator Rod Skoe-MN, Mr. Larry Maguire-MB, Representative Morrie Lanning-MN, Senator Gary Hanson-SD, Senator Arden Anderson-ND, Senator Dan Skogen-MN, Representative Dennis Johnson-ND FOURTH ROW: Senator Tom Fiebiger-ND, Senator Tom Saxhaug-MN, Mr. -MB, Mr. -MB, Representative David Monson-ND LEGISLATORS FORUM STEERING COMMITTEE

The Steering Committee, appointed to continue activity between annual meetings, is composed of legislators from each of the four jurisdictions. Members are:

• Manitoba: Honourable and Ms. Mavis Taillieu • Minnesota: Senator Tom Saxhaug and Representative Morrie Lanning • North Dakota: Senator Tom Fischer and Representative Lois Delmore • South Dakota: Senator Gary Hanson and Representative Carol Pitts.

2009 LEGISLATORS FORUM ATTENDEES

MANITOBA • Honourable Rosann Wowchuk • Ms. Mavis Taillieu • Mr. Larry Maguire • Mr. Rob Altemeyer Th e ninth annual meeting of the Legislators THE DELEGATES TO THE NINTH • Mr. Ralph Eichler Forum began with a reception at the Lakeview ANNUAL INTERNATIONAL • Ms. Jennifer Howard Resort in Gimli Manitoba on Wednesday, June LEGISLATORS FORUM GRATEFULLY • 24, 2009. Th ere to greet delegates, presenters, ACKNOWLEDGE THE SUPPORT OF • Mr. Peter Bjornson spouses, and staff were co-hosts of this year’s THE FOLLOWING SPONSORS: • Mr. Greg Dewar meeting, Manitoba Deputy Premier Rosann • Manitoba Hydro Wowchuk and Ms. Mavis Taillieu. Th ey also • Manitoba Public Insurance MINNESOTA introduced Gimli Mayor, Her Worship Tammy • The Canadian Consulate General in • Representative Morrie Lanning Axelsson. Th e formal portion of the meeting Minneapolis • Senator Tom Saxhaug began on Th ursday, June 25. Following self- • Otter Tail Power Company • Representative Lyle Koenen introductions of delegates, each of the panelists • Xcel Energy • Representative Mary Ellen gave presentations and engaged in a question Otremba and answer period with the delegates. After LEGISLATORS FORUM FACILITATOR: • Senator Dan Skogen their sessions on Th ursday, delegates and Dick Gross presenters had the opportunity to board the Deputy Director and Legal Counsel • Senator Rod Skoe research vessel Namao, which demonstrated Th e Consensus Council, Inc. the kind of research the ship is doing on water 1003 E Interstate Ave, Suite 7 NORTH DAKOTA quality issues on Lake . Bismarck, North Dakota 58503 • Representative Lois Delmore Tel: 701-224-0588 • Senator Arden Anderson SPECIAL GUEST SPEAKERS INCLUDED: Fax: 701-224-0787 • Senator Tom Fiebiger • Martin Loken, Canadian Consul General Email: [email protected] • Representative Dennis Johnson in Minneapolis Website: www.agree.org • Representative David Monson • Mary Speer, US Consul, and Principal • Senator Rich Wardner Offi cer, Manitoba • Representative Tracy Boe • George Sinner, Former Governor of North • Representative Dennis Johnson Dakota, • Roger Moe, Former Minnesota Senate SOUTH DAKOTA Majority Leader • Senator Gary Hanson • Jim Eldridge, Special Advisor to the • Representative Paul Dennert Manitoba Government • Representative Val Rausch • Honourable Stan Strothers, Manitoba • Senator Tom Hanson Minister of Conservation • Senator Jim Peterson 9TH ANNUAL INTERNATIONAL LEGISLATORS FORUM GIMLI MANITOBA • JUNE 24-26 2009

Theme: Working Together to Make This Region Self-Suffi cient and a Model to the World of Clean and Abundant Water and Energy

THURSDAY,T JUNE 25 back from the weight of glaciers over a 20,000- 1,700 homes. year period. Landowners want proof of these Floodway SSESSION 1: Th e Red River changes, so we need a massive expansion of expansion BBasin: Th e Big Picture and data sites. Dr. Th orliefson noted that the father was begun a Flood Update of Martin Loken, Canadian Consul General in in 2005 and DDr. Rhonda McDougal Minneapolis, gave us the story of the Ice Age, consisted of (rhonda.mcdougal@gov. and that has helped in our understanding. We do widening, not mmb.ca), Director, Manitoba not know what the impact of human activities deepening. It Water Stewardship, moderated the panel. has been and will be. Is Red River fl ooding increased the fl ow capacityi ffrom 11,700 700 to 44,000 000 simply natural or due to wetland drainage and cms. Because of that work, done without any Dr. Harvey Th orleifson ([email protected]), other human activities? Every century has seen major life disruptions, there was no signifi cant Director, Minnesota Geological Survey, gave its silt spikes. We know that fl ooding can be fl ooding of homes or other buildings and no the fi rst presentation on “Th e Red River Valley mitigated, but fl oods are natural events as well. loss of life during the 2009 fl ooding, and only 2 and the Basin: Th e Regional and So, we all need to work together, with the best communities were evacuated. Long-term View.” He noted that the ultimate data possible, to optimize the quality of life for goal should be to optimize the quality of life all people in our jurisdictions. “Mitigation” shouts at us, and needs to be done in this region. Water issues impact all of us. In everywhere. All municipalities in Manitoba addition to aff ecting our health and wealth— Th e present Namao study, which deals with are required by law to have emergency plans, e.g., hydropower, agriculture, tourism — water Lake Winnipeg sediment cores, is one part of including fl ooding. Manitoba is the fi rst is also signifi cant to our heritage and essential the geosciences fl ood research program that jurisdiction in North America with separate for our security. Th ere are interconnections includes research on effl uvial processes, landscape statutory authority for the pre-disaster period. Its throughout the region, including between the modifi cation, uplift, climate, and stratography of Emergency Measures Act enables municipalities Mississippi River, the Red River, Lake Winnipeg alluvial and fl oodplain lake cores. Examination to issue an emergency prevention order to allow and Hudson Bay. We need to understand that of Lake Winnipeg cores and fl oodplain lake measures to be taken to prevent an emergency we are all interconnected and all have a role in cores lead to spinoff research that has provided from occurring or to reduce the impact of an the future of our water supply. information on 20th century change—for emergency. As a result, there were few calls for example, eutrophication of the Lake. assistance from communities along the Red Th ere are hydrological cycles, climate change during the 2009 fl ooding. Key elements, in and economic issues at play. While it is easier Don Brennan ([email protected]), addition to the fl oodway expansion, were the to study surface water on a map, now that the Executive Director, MB Emergency Measures purchase of additional equipment, planning Light Detection And Ranging (LIDAR) project Organization, gave a “Brief Summary of the exercises, communications and teamwork. in the Red River Valley has been completed, 2009 Spring Flood and Lessons Learned.” Manitoba has the support of all levels of groundwater research is more of a challenge, He said that the Red River Valley landscape government to combat fl oods. and we need to protect areas that recharge is the enemy, with its fl atness and lack of groundwater. We also need ongoing research, topographical features. Because the landscape Delegates commented and asked the panelists like that done by the Namao, or we are blind is so fl at, the Red River has actually expanded questions, and they responded (Th roughout to water quality issues. Th e Namao has added as far as 20 kilometers in Manitoba. Current this meeting summary, questions and comments to our geological database and continues to concerns began with the fl ooding in 1950, of delegates are italicized, and comments and add to our understanding of the chemistry of when 10,000 homes were fl ooded and 100,000 answers of presenters are in standard type.) people were evacuated. Th e water stayed at flood the water, its fl ow and its levels. Th rough such What is the best estimate of long-term fl ooding in observations, we can make predictions. level for 51 days, and damages were estimated at $125 million ($1 billion in today’s dollars). the Valley? We need to do better job of forecasting. It is By reviewing past fl oods, we can address future When the fl oodway needs to be used, it should critical to all phases of life and our economy fl ooding in many ways. We have learned to be fi ne, but there are some concerns for the areas to be able to forecast future scenarios. For coordinate what we can control of the Red and south of Winnipeg. No mater what we do, nature example, they have done some of that in the Assiniboine Rivers so that the fl oodwaters do can make it more complicated. Complacency is Fargo-Moorhead area, where 3D mapping of not meet at Th e Forks at the same time. the enemy. All communities need to be alert and the Buff alo aquifer has been used to protect revved up every spring. Th e past is prologue, and drinking water. In Minnesota, we are creating Th e fl oodway, which cost $63 million to build around Winnipeg, was built from 1962 to 1968. we can now recognize the past in greater detail. the County Geological Atlas Program, which We have aff ected many aspects of our landscape will also have impressive capabilities. An astronomical amount of work has been done since the 1997 fl ood, which nearly swamped to combat fl oods, but what impact will climate Obviously, we need enough water, and Winnipeg and cost an estimated $40 million change have on future fl oods and drought? We sometimes we have too little, other times too in damages. Canada and Manitoba disaster need to continue to learn from our experiences much. We need to forecast better so that we fi nancial assistance was provided for fl ood and prepare with additional protection. can better control water. Lake Winnipeg has damage restoration, and Canada and Manitoba We need to emphasize the need for better forecasting signifi cant shoreline erosion. It is naturally provided $110 million to mitigate against future and scientifi c eff orts. Canadians relied on the US expanding as the result of previous ice ages. fl oods in the Red River Valley, including building for accurate fl ood forecasts, but this year, those Th e ground is naturally expanding, springing 14 community ring dikes and assistance to over 1 forecasts were off the mark and were amended several times. Given the importance of accurate forecasting, to what extent is there coordination and cooperation between the various individuals, agencies and groups? Can forecasting improve with coordination? We need the best possible capability, and there is always room for improvement. Th ose at this meeting should examine how to improve forecasting. Manitoba works closely with US forecasters, but MB picked up on the errors in IIn CCanada,d we hadh d more ice andd ice jams thish past clay,l bbut it rises northh to LLakek WWinnipeg. Th e the US and did better this year. We rely on the year. Will that contribute to future fl ooding, and, current salt-water situation is basically stable. US to provide the snow depth information, and if Lake Winnipeg is rising, why is it not draining Th e slide I showed was a scenario of the saltier that involves a great team approach. south? water moving closer to Lake Manitoba and is an illustration of what might happen with a long Policy makers need to encourage and direct A glacier is like a giant pancake that shrinks drought due to a climate change situation. We cooperation on forecasting. I am greatly concerned slowly and the land “springs back” slowly. And could engineer for it, but if we shift to a drying about the issues related to the last fl ood. I was ice spreads across the area up to 5 kilometers climate, the water could move laterally. Th e in Morris during this last event (“fl ood of thick during the winter. Hudson Bay is rising, slide shows what could happen, and we need to inconvenience” or “high water event”) and ones and the uplift is greatest in the north because think about what to do if that does take place. we have almost every other year. Th is year’s fl ood of the amount of ice, but there is zero uplift in Most ground water management takes place on was fi rst forecast as a “nuisance,” and the Mayor of the south. When there is an excess of water, the the local scale. A lot of water is down there, but Morris decided just the night before the water rose north portion of the Lake rises, and the south the groundwater level is critical to protecting to close the dike. How do we adequately forecast? Lake lowers. Hudson Bay is rising about 1 meter wetlands. We can only draw a little before it Th e early-on signs were that it would not be too per century. Th e uplift has made flooding more aff ects wetlands. bad, and then, suddenly, it was a major event. signifi cant in the full context, but it would be worse in the Red River Valley if the uplift were I see many realities that are counter-intuitive. Th e Th ere actually was not a sudden change. Th e occurring in the south end of Lake Winnipeg. It rising land issue has helped clear that up. I do not water literally “swarmed” the Red River basin, is central to have such a long-term understanding know how much of the fl oodway was being used and most communities knew 36 hours in so that we know the likely future impacts. in this year’s fl ood. Was it being saved for a worse advance of when they should close the dikes. fl ood situation? It did not meet the expectations of A lot of work in our area paid off , and the many people. Perhaps they did know, but 36 hours is still a very forecasting was helpful. When looking at solutions short time compared to days or even weeks. Weeks in the Red River Valley, we need to include related Th e fl oodway was used, but we did not need before the fl ood, people felt it was not going to be ideas and options and the potential of diversion to to use the expansion for this year’s fl ood. Th e signifi cant. Th en, it became a much bigger event. other areas. We may need to look at other structures previously existing fl oodway could have handled We need to keep working on coordination and that can be used on the west side of the Red River, this year’s fl ood. Expansion is intended to handle cooperation, but forecasting is often a guess, and for example. Th ere are lessons to be learned on how even bigger fl oods. It will keep things constant Mother Nature can always “screw us up.” In 36 to hold water at particular times on the James and so the eff ect will not be noticeable. Ice caused hours, the weather can change enough to throw Sheyenne Rivers, etc. Holdback eff orts have helped. more problems than anything this year. And what about the ring dike at Winnipeg? things off . Th en, the ice jams happened as well. Th e southern part of the Red River Valley is not Climate change will bring about larger and more Th e “Zed” ring dike is a miracle. It is covering doing much rising, but how soon before Gimli’s feet rapid shifts in weather and will make forecasting the backdoor into Winnipeg, but it is all the are wet? Will Lake Winnipeg and Lake Manitoba even more diffi cult. mitigation eff orts that need to fi t together. I am meet up? What are we doing with regard to coordinating talking about the entire Province of Manitoba. We need to protect fl ood-prone areas and protect Gimli will be all right as a result of engineering. all the eff orts on the Red River? I am not sure it Lake Winnipeg will expand to the south, as is can be left to the Army Corps of Engineers. Are other communities and people. It is a major and long-term project. Lake Manitoba. In 10,000 years, Lake Winnipeg we coordinating eff orts, and do we have long-term may drain to the Mississippi River, and Hudson plans? Engineering is a lot of it, and the public focus Bay may disappear. A few centuries from now, Th at is the focus. We work together, learn from seems to be on a Red River fl oodway. But, we the Nelson River may have to be dredged to our experiences and move ahead. We built on must remember that fl ooding is natural and will protect Gimli and the areas around the Lake. ‘50, ‘97 and now ’09 fl oods. What do we need happen. We need to recognize that and not be looking for whom to blame. I stress natural and You noted that ice was a problem this year. Isn’t ice to do? How can we work better together? It is a problem all the time? essential. Research is critical. We now have nature, but we also do not want people to think suffi cient research relative to Fargo-Moorhead that we cannot engineer to mitigate the impact It was very extreme this year. It was so deep and and know what can happen. Research helps to of fl ooding—look at Winnipeg. We need to in so many places. We simply could not keep up explain it. But the public gets bad information maintain the balance. with it. It tore houses to pieces and gouged the and develops ideas based on that information, You noted that 24% of Manitobans depend banks. Th ere were life-threatening situations. It and positions can become polarized. Having on groundwater. Salt is moving closer to Lake happened because of the convergence of water accurate science helps keep things on a fi rmer Manitoba. Why? Can it be stopped and groundwater and weather. We need to keep working on new footing. More can be done, but we have enough quality improved? ways to break it up. data and research right now to realize what we need to work on. Th e importance of teamwork We need to focus on a full range of issues. We also need to be aware of the Devils Lake has been recognized in the past. We need to Groundwater quality needs to be maintained. situation. Th e Lake has risen 30 feet in 15 years. work together, support each other, share data, Water is recharged in Montana and South It is 8 feet from a natural spillway. It has risen equipment, information and technology. Dakota, interacts with oil and minerals, rises and 3.5 feet since March. It has moved from covering moves over to Lake Winnipeg. Th e Red River 44,000 acres to covering 150,000 acres. What I am interested in knowing more about the ground Valley seals the ground water with Lake Agassiz should we be doing? “bouncing” or “springing” back from the glaciers. 2 It is an extremely diffi cult situation, especially SESSION 2: Th e Red River Basin: Research, source of higher quality water; 45% comes from for people who live near the Lake. Devils Lake is Programs and Policy for Water the Winnipeg River Basin, also higher quality. right on the line where lakes to the east overfl ow However, 11% of the water fl ows from the Red and lakes to the west are governed by evaporation. Dr. Rhonda McDougal again moderated this River Basin, an unregulated source of poor It was built during a period when the water session and presented as well. quality water. He noted that the message Lake levels were low. It has no natural outlets now and Winnipeg is sending us (through the existence Dr. Al Kristofferson (coordinator@ fl uctuates in response to climate changes. In the of its algae blooms) is that we need to move lakewinnipegresearch.org), Managing Director, past, it has drained naturally into the Sheyenne, quickly to address the primarily human-caused Lake Winnipeg Research Consortium, Inc., then the Red River. Th ese interconnections cause sources of pollution. Th e theme is that there are working with Robert Christenson, a fi sherman the risk of biota transfer, like zebra mussels, fi sh 4 states and 4 provinces and about 6.5 million of 60 years, presented on the nutrient load diseases and other unanticipated transfers. Th ese people contributing to the pollution problem on Lake Winnipeg and evidence of ecosystem are diffi cult situations that pit the benefi ts of from many small sources, not just a number of impairment. He noted that, in 2006, Lake water level reduction against the risk of biota large sources. Th ere is broad consensus on the Winnipeg experienced the largest algal bloom transfer. And what are the Fargo-Moorhead Lake Winnipeg Stewardship Board about the ever seen on the Lake. He noted that algae plans relative to the Missouri River water? need for action. It produced a report in 2006, clogged fi shermen’s nets and that the blooms and, since that time, other reports and updates occurred under the ice as well. Algal blooms But, have any biota of concern been identifi ed? have been produced, all indicating the need for were not a problem in the past, but they are action. Most concerns are about potential transfers of common now. Th e Namao is tracking the which we are not aware. How do we weigh those growth and doing research on the causes and The Executive Summary of that report risks? potential prevention. concludes: “Timely action is needed for all of the recommendations in this report. A broad- However, the water may simply go uncontrolled Th e Lake Winnipeg Research Consortium is ranged, collective movement toward achieving into the Red River if the lake rises much more. a collaborative eff ort at researching the Lake. our common goal is essential. Th e public Its mission is to facilitate multi-disciplinary, With natural processes as a backdrop, if we must be made aware of the issues facing Lake scientifi c research (fi eld work/science workshops) focus on human issues, what have we done to Winnipeg and the watershed, and be provided and educational/outreach opportunities on Lake the landscape? What has been done that has with information so it may make informed Winnipeg; to expedite information exchange helped, and what should be addressed to make choices concerning its actions. Gaps in scientifi c and foster cooperation among all stakeholders; improvements? Ditches, roads, modifi cations knowledge must be fi lled, but this must not and to provide a dedicated and capable research of land cover have had positive and negative delay the implementation of the plan, since there vessel, the Namao. It has an extensive science impacts. A lot has been trial and error, trying is enough information and experience at hand team and an extensive system in place to track and to determine what works and what does not. to begin the task. Upstream jurisdictions in the gather data, including sampling by helicopters LIDAR technology will help a great deal. We watershed must be brought into the eff ort, and and snowmobiles, as well as the Namao. Th ey will be able to model local fl ooding. We need to Manitoba must lead by example.” monitor 65 stations in the spring, summer and have a broad focus to determine what balances fall for physical parameters, chemical parameters between natural actions and the eff ect of human Ms. Julie Klocker (julie.klocker@state. and biological communities. Manitoba Water activities. Manitoba was ahead of the curve mn.us), Assistant Director, Minnesota Board Stewardship and Environment Canada are doing relative to the development of LIDAR, but now, of Water and Soil Resources, presented on research on many diff erent variables. Th ey see the Red River Valley on the US side is done. “Minnesota’s Approach to Integrating Watershed algae die and sink to the bottom of the Lake and Management.” She noted that local, state and MN and ND have a major decision to make with decompose, covering the bottom of the Lake federal levels of government are involved in regard to the Fargo-Moorhead area. We know what and blocking other organisms from securing water resource management and protection and, engineers can do, but the concern is long range. food. Th e surface water is oxygen saturated, but because of that, it is diffi cult to develop a unifi ed How high might the river get? At what point do water at depth does not allow the oxygen to mix watershed approach; but that, at the local level, fl ood mitigation alternatives become impractical? and, therefore, it becomes hypoxic. planning is done on a watershed basis. She Do you have any advice? also noted the signifi cant levels of pollution While commercial fi sheries are doing well now, contributed to Lake Winnipeg from US sources with eutrophication of the Lake due to increasing I have great faith in engineers, although into the Red River. She explained the Red River phosphorus, chlorophyll-a, nitrogen, nutrients, forecasts may not be correct all the time.Th e Management Mediation Agreement, which turbidity and carbon deposition, that will Fargo-Moorhead area is high in the watershed, resulted from concerns about cumulative water change. Currently, Lake Winnipeg is the largest and, although there will always be uncertainty, quality impacts. Th e Agreement established walleye fi shery in North America. However, the engineers should be able to establish predictions targets for fl ood reduction and water resource biodiversity of the Lake since 1969 has declined and plan on that basis. We need to plan logically enhancements, provided for hydrologic models precipitously, and that is likely to decimate the for the absolute worst-case scenarios, for most and established a project team approach. fl oods, to address heavy snow packs and ice. fi shing industry unless something is done to We must have ways to protect urban areas that prevent it. Th ere are generally diff erent responses Citizens Advisory Committees, consisting of can sustain more damage than rural areas. Th e by diff erent fi sh to eutrophication. We suspect local decision makers, landowners and special Grand Forks model seems to be eff ective. Th ere that white fi sh numbers are now decreasing, interests, identify issues, set priorities and bring are many mitigating factors, so we cannot even but some species are doing wonderfully right a social reality perspective. Technical Advisory predict worst-case scenarios, but can get a good now. Initially, all respond positively to increase Committees, consisting of local, state and federal idea. We must anticipate what can happen, in nutrients, but that changes as eutrophication agency personnel quantify and support issues because the weather is changing. Th ere will increases. Th e research being done allows for and help address environmental concerns. Th e always be risks. We have to balance between predicting, developing a model for what is likely comprehensive watershed approach improves permanent and temporary solutions and the to happen unless changes are made and for effi ciency of the Project Team process that disruptions that they cause. planning. identifi es “desired future conditions” and project alternatives that are socially, economically, and Bill Barlow ([email protected]) Chair of the Lake environmentally acceptable (achieve a balance). Winnipeg Stewardship Board, presented on Participating parties have a continued dedication “Reducing Nutrient Loading to Lake Winnipeg to implementation. Th ey build a common and its Watershed.” He reported that 26% of the water fl owing into Lake Winnipeg comes understanding about the nature, extent, and from the River Basin, a regulated severity of the problem and the desired future 3 condition and provide guidance as to how to governance. Th e stakeholders are: the Provincial Beneficial management practices (BMPs) get there. Th ey identify who is willing to do Government and Manitoba Conservation provide multiple benefi ts to air, water, soil, and what. Th ey lead or support. Th e plan provides Districts, Municipal Councils and ’ biodiversity. Such practices include: a description of the watershed, its topography, governments, federal departments, non- land use, economy, and unique features. It governmental organizations and other basin and • Improved manure storage and handling, identifi es issue and need areas, with public watershed groups, local watershed stakeholders • Manure and wastewater treatment, input, and is data- supported. Th e plan identifi es and communities. Th ey want to coordinate their • Farmyard runoff control, causes of problem area(s) (if possible), prioritizes actions because there are similar needs to prepare • Relocation of livestock confinement and those areas, sets goals, develops a balanced list of for climate change and increasingly complex horticultural facilities, alternatives, and develops an evaluation process. environmental challenges. Th ey need to avoid • Wintering site management, competing adverse-eff ect policies, and they need • Enhancing riparian and agro-ecosystem Th e outcome is not only a document but to pool resources and expertise because they all health, and also a process that builds an understanding of have capacity issues, and create synergies from • Improved cropping systems. and appreciation for all perspectives, builds bringing diff ering perspectives to the same table. ownership by those involved, and develops Nutrient management planning also utilizes a By working together, they streamline and three-pronged approach: a guidebook of acceptable alternatives in the coordinate research, monitoring and program various priority areas for consideration by the delivery. Communication reduces redundancy • Producer incentives for benefi cial management local project team. Th ere is also coordination and duplication. It provides an integrated practices (BMPs) to reduce greenhouse gas with other Red River planning eff orts through: context for land-use, drainage, irrigation, emission; comprehensive local water planning, soil and and water allocation decisions; identifi es and • Strategic investment in research and develop- water conservation district comprehensive plans; supports practices to counteract impacts of ment; and county land use planning and zoning; and state, drought, fl ooding and variable water supply; • Extension activities. regional and federal agency planning. prioritizes limited resources for focused program delivery; provides a baseline on the health of Th is is a $9.2 million program until 2012, with A Watershed District’s decision to use the a short list of BMPs currently being fi nalized. Project Team Process often depends on whether the watershed, and improves watershed health it is a large, complex, or controversial issue. and community capacity, providing resilience Environmental health and sustainability Team members are brought on by invitation to address climate change issues.Ground water is emerging as a key driver of economic only, and the team is advisory to the Watershed management planning is done to monitor, competitiveness. Long-term economic stability District. Julie gave examples of several projects evaluate and manage groundwater and aquifer requires a long-term, comprehensive approach and summarized that the process results in resources to ensure sustainable development, to sustainability. Climate change is our single planning and community engagement on allocation and protection. greatest sustainability challenge. Adopting a targeted projects, provides natural resource Th e Wetland Restoration Incentive Program sustainable approach requires shared governance, enhancement and fl ood control, broad scale, (WRIP) works with landowners to permanently and all citizens need to engage. multi-layered implementation and opportunity- restore drained wetlands. Landowners receive a THE NORTH DAKOTA EXPERIENCE driven funding support. Funding comes from a one-time payment for a perpetual conservation variety of sources, including tax levies, grants, agreement and a one-time ecological goods Recent studies have indicated that up to 80% of clean water funding and federal programs. Th is and services payment for wetland restoration sediment and phosphorus loading into the river sets up a comprehensive water management on those lands. Th ey utilize a three-pronged comes from riverbank erosion. Riparian forests process, including a citizens’ advisory committee approach: in the Red River basin have been hit hard by and a technical advisory committee and requires a combination of Dutch elm disease and over mediation, which is a “really cool” process. Th e • Producer incentives for wetland restoration, 15 years of extensive spring and summer fl oods. planning is extensive, but implementation on • Research on the carbon sequestration Consequently, there is a lack of adequate riparian the ground is “where it’s at.” capabilities of restored wetlands, and vegetation protecting stream-banks from severe • Ecological goods and services price discovery. Dr. Rhonda McDougal (rhonda.mcdougal@ fl ood events, resulting in severe erosion and gov.mb.ca), Director, Manitoba Water It is a $2.3 million program until 2012. Delivery water quality issues. Stewardship (also on behalf of Leloni Scott, partners are Manitoba Habitat Heritage The Red River Basin Riparian Project, led Director, Agri-Environment Services, Corporation and Ducks Unlimited Canada by the North Dakota Forest Service and Manitoba Agriculture, Food and Rural working with Manitoba Water Stewardship. the Red River Resource Conservation and Initiatives and Mr. Craig Brumbaugh, Development Council, was created to restore Riparian Project Coordinator, North Dakota) There are several agri-environmentall degraded riparian areas throughout presented “Integrated Watershed Management the Red River basin. Five Watershed Approaches in Manitoba and North Dakota.” issues of concern in Manitoba, with water CommitteesC have been established to Rhonda began by noting that what happens quality and climate directd riparian restoration planning in upstream aff ects what happens downstream, so change identifi ed as targetedt watersheds and river reaches. it is essential to use a watershed management priorities. A three- CommitteesC represent Water Resource approach, including integrated watershed pronged approach Districts,D Soil Conservation Districts, management planning, groundwater and aquifer assists agriculture CountyC Commissions, the North management planning, wetland restoration producers to improve DakotaD Forest Service, the Natural and agri-environmental programs. Th ere is a environmental ResourcesRe Conservation Service and clear connectivity between: water quality and performance: Extension.Ex Th e primary goal of the project quantity, human activity, agricultural land-use is to provide technical and financial practices and urban and rural development • Assessing environmental risks on farms assistance for riparian restoration to landowners, plans. Th erefore, what is necessary is a planning through Environmental Farm Planning communities, water resource districts and soil process to facilitate a better understanding of the (EFP), conservation districts within targeted, high impacts of human activity on the watershed and • Taking action on farms through Benefi cial priority watersheds in North Dakota. Th ey are to outline a framework to make decisions about Management Practices (BMPs) and incentives, developing 90 riparian plans outlining restoration water and land use within the watershed. and recommendations, coordinating approval • Investment in environmental information to of cost-sharing practices and implementing In Manitoba, there is shared watershed assist decision-making. riparian restoration on 75 miles of river, as 4 well as developing new riparian range/forest downstream situation. We have worked with many diff erent groups management recommendations. Th rough this and jurisdictions on issues that cause the greatest project, landowners are provided with eff ective Minnesota “mandates” are set by the State, but, diffi culty. Now, we need to focus on what has riparian forest management planning to protect essentially, they are voluntary. In order to get to be done to address the issues. It is hard to and sustain proper functioning condition and funding, water quality goals must be developed. get people thinking diff erently than in terms of long-term measurable improvements in river Although the focus is primarily on fl oods, there political boundaries about how we need to draw system health. In addition, there are signifi cant have been positive impacts on water quality, even water jurisdictional lines. benefi ts to the health of downstream watersheds, though the eff orts have been directed to other including Lake Winnipeg, through the reduction areas. “Alternative intake controls,” for example, Th ere are diff erent ways to fi nd solutions to in sediment and phosphorus loading to the were developed to control drainage, but they problems. When we look at how we defi ne the river. provide water quality benefi ts as well. problem areas, there are diff erent ways to address the issues. Prevention might be better than other In summary, in all four jurisdictions, interagency Are any of you aware of a pilot project to address options. Th is group should recommend some teams with forestry, conservation, hydrology, Lake Winnipeg issues—e.g., to recapture excess joint processes and groups on a jurisdictional and water, range, and engineering expertise are needed nutrients? Do any of you have advice on phosphates, international basis. Holding the water seems like a for complex restoration practices. Resources, in as in phosphate oil? I understand there is limited good approach. the form of time and funding, are necessary to availability worldwide. Holding water, reducing its “fl ashiness,” is the support progress. Appropriate legislative policies Th ere are studies about biofuels based on are also needed. Data and geospatial capacity are best way to address channel erosion. More algae. Algae appear to be an effi cient source of people in Minnesota voted for or against the needed, as is planning and coordinating between biofuels. Algae in the water body, for example, jurisdictions. Implementation of these team tax increase for funding (which passed) than are charging some monitoring equipment. Th ere voted in the presidential election. Soil erosion eff orts will also depend on resources, community is also research on harvesting of cattails and participation, and sustained actions. and clean water are related. Soil erosion is a their use for biomass. It is common in Europe. huge contributor to water pollution—80% How has the multi-organization approach worked But cattails serve as good fi ltering material, of the phosphorus load comes from sediment, in Minnesota? so removing them can aff ect the wetlands. including erosion. So we need to repair stream Commercial harvesting could have seriously banks. Education is needed on stream bank It depends. Locally, we fi nd good attendance negative impacts. Ciano-bacteria in algae can be protection, on vegetation, reforestation, and and participation on everything. Th at may be converted into biofuels, but I am not convinced riparian forests. We need to emphasize that based on rapport and relationships. And the that it could be economically feasible. Harvesting we have to take care of the soil to take care of state agencies do well. Th e federal level is more enough to make the venture economically viable the water. Slowing the water and repairing diffi cult. in Lake Winnipeg is unlikely because the lake is streambeds will have positive eff ects. Supporting too large. Also, phosphates come from rocks. By eff orts to maintain and replace trees will also Has the Project Team process helped to move things allowing phosphates to fl ow into Lake Winnipeg, forward—e.g., have there been fewer lawsuits? help. We have to think about all aspects of the we have put them in a position where they really process because they are all interrelated. Th e Water Districts have to set priorities very cannot be recovered again. Again, it would be carefully since only the most complicated technically and economically diffi cult to do this We all need and want clean water. We all need projects identify Project Teams, and they must in large lakes like Lake Winnipeg. to be part of the solution. Many things have to evaluate alternatives and have a tremendous be considered. When we mitigate fl oods through Whether we are talking fl ooding, quality, or diversion, we do an incredible amount of damage. responsibility relative to permitting. Th e teams quantity, the issue is integrated water management make final recommendations to watershed Land for agricultural use is major. We need food, planning. Many players in all jurisdictions need to and we have fl oods. We all need to work together, boards and continue their work to help provide be involved. Another key is that we need venues oversight and input through implementation. using the best science, and coordinate eff orts because for local participation in whatever the issues must the issues are interrelated. We do not need to point Th ere has been a lot of involvement and be. We need to focus planning on a watersheds and commitment at the local level. fi ngers or blame. We need to address the many basins approach. Only 1 of 9 basins is partially small sources. Instead of open inlets, are covered inlets a better organized in Minnesota, which has 81 major fi ltering system relative to farm fertilizer and land watersheds, with only 1/3 of them organized. As It is my impression that people generally want erosion? policymakers, we need to focus on watersheds and to be good stewards. Th ey need information basins, with all the players at the table. to address personal practices. The first Th at is being studied at this time. It relates a recommendation in the Lake Winnipeg great deal to the ease of the system. Controlled Th e “planning” part of integrated watershed Stewardship Board report is the goal of reaching drains are being used in places, but what they management is a relatively new phenomenon. every Manitoban (public education) about the have found is that it depends more on the We are coming to the time to implement these situations and the options. Th e key is public intake. Gravel does not do much. If an inlet local plans, and all Manitoba watersheds have education. Eco-system impairment in Lake can be raised by adding fi ltering media, it identifi ed their priorities. Th ey require all kinds Winnipeg should be the “canary in the mine” improves signifi cantly, as does the amount of of government and other agency involvement, that galvanizes solutions. Th e real issue and time the water is fi ltered underground. Th ese are and those agencies are not used to being directed solutions relate to the behavior of 6.6 million all voluntary programs, so it must be easy for by the locals. We need to re-educate people at the people in the watershed. “What can each of us farmers to do them—convenience is key. state, provincial and federal levels to integrate do?” Solutions must be cost-eff ective. We can do and recognize the focus and validity of the locals’ best practices that are economically attractive. Are Watershed District mandates tied together and work plans. We can work together to do the right thing. are there consistencies throughout? I do not agree with all that has been said. 45% of In Minnesota, Watershed In Manitoba, the overarching mandate is water Lake Winnipeg water comes out off DiDistrictss have the power to protection, and all plans focus on where the water northern Minnesota, and that ttax.ax Where do Soil and Water eventually ends up—e.g., Lake Winnipeg. Also, water has a low percentage of CConservationo Districts get the process is designed to help local watersheds problem pollutants. Northern ththeir funding? realize that they have equal impacts. Watershed Minnesota is doing pretty well, plans are diff erent based on local needs and and we do not have to do more. SState funding for Soil diff erences. Plans are tailored to address water “Not Lake of the Woods!” aand Water Conservation quality issues in the local district with impact on DDistricts averages about 5 $19,000/year for each district. Th at is not Agreements on Addressing Big Picture Basin Steps that should be taken, under the auspices enough to get much done. So, about 1/3 of Water Quantity and Quality Issues of such an organization, to address water quality their funding is state funding; 1/3 is county and quantity issues, include: funding, and 1/3 is revenue they raise on their Th e delegates agreed that there needs to be a own by seeking grants and other funding. Th e basin-wide approach to the management of the • Undertake a basin-wide debriefi ng among tax increase approved by Minnesota voters is Red River to advance solutions to water quality all fl ood forecasters to assess what happened 3/8 of 1 cent to Soil and Water Conservation and quantity (fl ooding and drought) issues. A during the 2009 fl ooding, the successes and Districts. It will provide 25 years of dedicated basin-wide organization, crossing state, provincial failures and improvements needed and report funding for habitat, clean water, trails, parks and and international boundaries and consisting of to the respective Governors and Premier; other projects. top-level policy makers with authority to act to • Educate the public about the “demand-side” address these issues in a coordinated, cooperative of water use in order to encourage greater When rocks go into rivers, what are short and long- and fully integrated (not piecemeal) approach is conservation; term eff ects, and should more be done? essential. In this context, the “basin” includes the • Learn more about adjacent watersheds that tributaries and ending point of the Red River in may impact the Red River basin watersheds; Rocks decrease erosion and increase Lake Winnipeg. Legislative initiatives may be • Identify likely future demands for water in all sedimentation. Th e primary purpose is to re- needed to develop and/or fi ll-in gaps in such a sectors and all four jurisdictions and develop direct the fl ow away from the channel, so that Red River basin management structure and to methodologies to meet those demands; should be included as one of multiple eff orts, help get more watersheds and water districts • Gain a more thorough understanding of and we would like to see more of it. within the basin organized. the impact of drainage (surface and ground LUNCHEON WITH CONSULS water); Such an eff ort will require bringing together water • Off er programs to learn about and teach best Mary Speer ([email protected]), US Consul users, scientists, historians and policy makers in management practices – partner with other and Principal Offi cer in Winnipeg. order to develop and utilize the best data possible groups – broad based to cover many groups; to develop solutions to these issues. It will need • Develop comprehensive outreach programs Th e former US Ambassador to Canada focused good, reliable and quality data (such as that that reach everyone in the basin and which on what was going well in the US-Canada being done by the Namao) to establish the “big emphasize what everyone can do to address relationship, looking for points of commonality. picture” on which to base its approach. Initially, water quality and quantity issues—the He felt we needed to look at the forest, instead of the eff ort will require a signifi cant exchange of easier, small ways to get people involved and just the trees. We have run into a lot of trees here information. Th e eff ort should establish broad- understanding that even little contributions that have been relatively limited but contentious based mission and goals statements for the entire that individuals make count; issues. We need to focus on what we can do basin that are clear and achievable. It must • Develop and support getting information and together. We have a shared political culture. We utilize and build on information and agreements technologies to consumers who can use them; have our heroes and other leaders who fell short. developed since the 1997 fl ood, such as the work • Ensure the development and maintenance Some day, all of us will also walk off the stage of the International Flood Mitigation Initiative of state-of-the-art wastewater infrastructure, and leave our legacies. What do we want those (IFMI), the Red River Basin Commission including separation of sewer systems from legacies to be? (RRBC), the International Joint Commission other systems; (IJC), the Lake Winnipeg Stewardship Board, • Hold scientifi c and research symposiums to We have this basket of issues/trees. Some issues the Lake Winnipeg Implementation Committee have been rocky. Over time, perspectives and share knowledge and initiatives designed to and other relevant studies and entities. Th e slow the water down; adjustments will occur. Th e new administration eff ort must engage in long-range planning appears to have a more environmentally focused • Determine and accomplish what is possible relative to water capacity and quality in and to slow water “fl ashiness” in order to allow agenda, which will probably be more in line with communities that have the resources to with that of Canada. Th e “buy America only” sediments and nutrients to settle; implement and maintain projects. Th e eff ort • Develop zoning and permitting approaches that provisions of the stimulus package in the US will needs to develop consensus on and prioritize impact economic policies. Canada may do the include storm and discharge requirements; water quantity and quality issues for the region • Develop programs and approaches that are same thing—“buy Canadian only.” We will need while focusing on methods of water retention to to tread carefully. easy and convenient, that provide incentives assist in fl ood mitigation and release to assist in for people to act—e.g., carbon credits for I have very much enjoyed these sessions. I drought mitigation as key approaches. establishing buff ers around riparian areas; am honored to have served in Manitoba, and Agreements on Actions and I have gained a very diff erent and positive RRequired to Address Water • Develop, disseminate and incentivize soil, perspective on the QQuality and Quantity soil management, cover management and states involved in the IIssues: conservation best practices. Legislators Forum.. Th ese are all wonderfull people. I am grateful too strengths of the integrated the three states represented playing a big part in have had this experiencee North American economy the integrated North American energy economy. and wish you well. and keep our markets open Our countries co-operate closely in meeting the to one another. challenges of climate change and on water issues, Martin Loken (martin.n. with this year marking the 100th anniversary of [email protected]. Th e two countries have the important Boundary Waters Treaty. gc.ca), Consul General,ral, a very significant trade Canadian Consulatet relationshiprelationship. Close to $2 million worth of Th ere is a need to work together to rebuild the General in Minneapolis. goods and services cross our shared border North American economy so that together we every minute. In 2008, two-way trade between can be more competitive in the world economy. Th e relationship between the US and Canada is Canada and the three states represented at the In this context, the “Buy American” provisions truly unique. We’re neighbours, friends and allies. Forum amounted to greater than $26 billion. of the US federal stimulus package are having Th e relationship is marked by huge commercial Canada is the largest trading partner for all three unintended consequences, disrupting long- exchanges and deep linkages on energy and states. established cross-border supply chains and environment issues. As our countries deal with limiting the choices of state and municipal the challenges facing the global economy, it’s Canada is the largest supplier of oil, gas, offi cials. Canada passed its own stimulus package important that we work together to build on the uranium and electricity to the US, with each of but did not include a “buy Canadian only” 6 requirement. However, there is a risk of some additional eff ect of energye fall into the following Canadian municipalities responding to the buy storage is that prices categories:c regulatory (licensing/ American provision by adopting their own trade are stabilized. The permitting),p political (largely resolutions that call for discrimination against new Manitoba-USS ppublic concerns about safety), goods and suppliers from countries, such as the interconnection thatt spent nuclear fuel issues (where United States, that have closed their previously is being proposedd to store and for how long, open markets to Canadian goods. Martin called would ensure greaterer especially in light of recent on participants to support eff orts to mitigate access to marketsts decisions against storage in the negative impacts of the US federal stimulus for new hydro, andd the Yucca MouMountains),n fi nancial (availability of package and to avoid including “Buy American” would also providedrtrnirnmntl greater environmental ffunding) ndin ) and nd signifi i cant costs of construction in forthcoming legislation, in recognition of our benefi ts, grid reliability, grid operability, price and management/maintenance. integrated economies. stability and storage service. Dennis Cunningham ([email protected]), Martin noted that the Consulate General was Mark McKeown (mark.mckeown@xenuclear. Project Manager of the International Institute proud to support the Legislators Forum and com), Director of Nuclear Project Services for Sustainable Development, presented on eff orts like it and hoped that such eff orts would for Xcel, presented on “Nuclear Energy Basics “Climate Change Regulatory Frameworks—An help to keep trade and other relationships and Update.” While he noted the Pathfi nder Update on Federal and Regional Systems in between the two countries strong. Nuclear Plant in Sioux Falls, operated by North America.” Northern States Power, it is a relatively small power producer. Mark presented primarily on Dennis noted that international negotiations the Monticello Nuclear Generating Station in have taken an increased intensity in 2009. It SESSION 3: Energy Development in the is anticipated that the Copenhagen process Region Monticello, Minnesota, a boiling water reactor manufactured by General Electric, also operated will result in a broad framework, with details Dan McInnis ([email protected]), by Northern States Power and producing 600 to be worked out over the next 2-3 years. Assistant Deputy Minister, Energy, Climate MW of energy; and the Prairie Island Nuclear Th ere is an accelerated meeting schedule, with Change and Green Strategy Initiatives was Generating Station in Red Wing, Minnesota, additional sessions added during the recent Moderator for the session. He introduced the with 2 pressurized water reactors manufactured Bonn session. Countries are moving toward topic and the presenters. by Westinghouse Electric, producing 1100 MW a package agreement that would include of energy, operated by Northern States Power. commitments for developed countries and a David Cormie ([email protected]) fi nancial framework to support developing Division Manager, Power Sales & Operations, Mark gave a brief description of the nuclear country actions because there is recognition Manitoba Hydro, presented on “Manitoba fi ssion process, which produces heat through that the reductions from developed countries Hydro operations and plans for hydroelectricity the use of enriched Uranium 235. He described alone will not provide enough to meet global development in Manitoba, past, current and the pellet stacking and sealing process in emission reduction targets. Other issues being future—New Hydro, Part of the Solution.” Zircaloy tubes to form a fuel rod, which are considered at the international level include: then placed in a matrix to form a fuel assembly. adaptation, technology transfer, mechanisms for He noted that Manitoba Hydro is a “Crown Th e containment vessel was described with all compensating emission reductions, monitoring, Corporation” with 522,000 electric customers of the safety features—signifi cant amounts of reporting and verification, and capacity and 261,000 natural gas customers. It has $2.3 steel and reinforced concrete. Mark noted that, building. billion in annual revenues, and $12 billion in since 1980, the nuclear industry has increased assets. Manitoba Hydro has 5,475 megawatts of its capacity factor from approximately 58% to International negotiations need to be guided generating capacity. Its peak load in the winter 91.8%, higher by nearly 20% than the next heat by economic and political realities, including is 4,300 megawatts, and, in summer, is 3,300 source (coal powered steam turbines at 73%). the global fi nancial crisis. In addition, more megawatts. It is a “coordinating member” of information is needed about the direction that the Midwest Independent Transmission System Nationally, 104 plants are currently licensed for the US and China may take. Operator (MISO). Manitoba Hydro’s drainage an initial 40-year period and are eligible for 20- area is 400,000 square miles, and it utilizes dams year renewals. Th eir continuous maintenance What do recent US actions mean for inter- on the Winnipeg, Saskatchewan, Churchill and keeps them safe and reliable. Fifty-three of the national negotiations? Nelson Rivers. Its hydroelectric capacity is 5,000 104 licenses have been renewed; 16 are under • Th ere are no longer issues around the science. megawatts from 14 plants; 365 megawatts from review and 20 more applications for renewal are • We can use all available tools/sources to reduce gas; 105 MW from coal; 100 MW from wind. being planned. In Minnesota, the Monticello emissions. So, 98% of its capacity is from hydro, and the plant has been approved through 2030, both • Economic stimulus can occur from green coal plants are being phased out. Th ree new through the Nuclear Regulatory Commission investments. hydro plants are being proposed, with the one (NRC) and for the state’s certifi cate of need • Developing countries must also act for at Wuskwatim currently under construction (CON). Th e Prairie Island plant has applied for solutions to work. (200 MW), and two others, at Conawapa (1495 renewal for both the NRC and CON licenses. • Th ere will likely be developed a sustainable MW) and Keeyask (695 MW) on the drawing Th rough the renewals of these 2 plants, Xcel reductions path for the US. boards. estimates savings of approximately $1 billion and • There needs to be public-private sector emissions of 87 million tons versus avoided CO2 partnerships. David noted that now is the time for renewables production of that energy by other traditional with global concerns about climate change. Th e • The US is committed to a Copenhagen energy sources. Key features of the 2005 Energy agreement. world is responding by adopting renewable Policy Act provided $18.5 billion of federal loan portfolio standards that require new, non- guarantees for nuclear energy development, In the US, the Waxman-Markey “American emitting sources of generation. For additional providing up to 80% of total project costs. Four Clean Energy Security Act” would call for hydro and wind generation, in particular, projects have been selected for consideration. green house gas (GHG) emissions reductions signifi cant new transmission lines will be Production tax credits comparable to those of 17% below 2005 levels by 2020 and to 80% required to bring the electricity to market. He provided to wind energy (1.8 cents per kilowatt- reductions by 2050 through a cap and trade noted that hydro and wind are “perfect partners” hour) on the fi rst 6,000 MW of electricity from system. It would also move towards California- with hydro complementing wind. Both are clean new, advanced reactors are also part of the Act. developed low carbon standards for fuels and and, in addition, hydro is fl exible, can respond automobiles, which would result in 40% more quickly, is dispatchable and can be stored. An Th e obstacles to development of more nuclear pollution reductions than the minimum federal 7 standards. It would require an investment of economies would remove the justifi cation $150 billion over 10 years to develop 5 million for addressing competitiveness concerns. It “green” jobs and require that 10% of electricity would be hard to argue that any country come from renewable sources by 2012 and 25% had an “unfair” advantage if its targets were by 2020. dictated by international agreement. Th e US EPA has unveiled a proposed rule to Does Manitoba Hydro have problems with fi sh require industries to report GHG emissions that migrations? would: Manitoba Hydro has no problems with fi sh • Cover upstream suppliers and direct emitters, migrations on the main streams. Th ere are some • Cover 85 – 90% of U.S. emissions, of carbon, these governors wanted to institute tributaries where brook trout have been aff ected, • Include a reporting threshold of 25,000 tons Midwestern practicality in the debate on but Manitoba Hydro has worked to develop

CO2 emissions per year, global warming.” Th ey are nalizingfi cap- replacement habitats so there is no net loss of • Require fi rst reports to be submitted in 2011 and-trade design recommendations for May fi sh. for 2010 calendar year, of 2010, which will likely serve as a position • Cost $160 million the fi rst year, $127 million/ document for the Midwest in the US federal When Manitoba Hydro describes the needed year after, and system development. transmission through Minnesota, what is the status • Have the US Environmental Protection • The Regional Greenhouse Gas Initiative of that? Agency declare CO a “threat to public (RGGI): Ten participating states in the 2 It is still going through the study process. health.” Northeast and Mid-Atlantic US have Manitoba Hydro has not been directly involved moved the farthest among the three regional in the CapX process in Minnesota. Manitoba In Canada, there have been ambiguous messages organizations with regard to allowance regarding “turning the corner” with the US on Hydro recognizes that process and will build auctions. Th ree auctions have been held to on the capability developed through it. CapX dealing with CO2 emissions. Initially, it looked date, with two more scheduled, and auction as if Canada were “turning the page,” but now involves Minnesota utilities developing a prices are climbing slowly over the respective transmission path for renewable energy. It has the future is uncertain. Th ere are initial signs in auctions from $3.07 to $3.51. the US that there is no interest in developing been going on for some time and is making a “continental” cap and trade system. Th e US Th e current economic crisis has heightened some progress. is focused on getting a domestic system up and concerns regarding investment in addressing Relative to CO2 reductions, China and need running. If that is the case, the only option for climate change. Th e concern is that taking to come to the table. What if they do not? a continental system would be for Canada to measures to cut emissions will both consume large mirror what the US develops. Th at represents a fi nancial resources and restrict the economy at a Th ere are concerns relative to “leakages in lost opportunity in that Canada had a framework time when it is already under immense pressure. competitiveness” if India and China are not in place prior to the US and may have been able We must look at ways to address these concerns involved. Will even more manufacturers move to garner some interest and some infl uence. and turn the current economic climate into there? We are all trying to get China and India a driver for the development of a new climate involved because we need a global approach. But Th ere are various regional groups in Canada, change regime, recognizing the current tools most industries will not leave their jurisdictions which vary in the intensity of their approaches. available and required commitment from global in any case unless they are very emissions- Several provinces are developing complementary partners. Climate change action cannot wait for intensive. Th ere will be winners and losers, but measures to assist with reaching targets. Th e an economic recovery. It has to happen now. We coal plants, for example, cannot leave and build rationales for legislated renewable energy targets have to seize the opportunities presented by the elsewhere. China’s involvement should have include: economic downturn to take action. little eff ect upon the US eff orts. Long-term, we need a global cap and trade system. • Th e science calls for it: limiting climate Th e kinds of solutions that need to be sought warming to 2 degrees can only work with include: How can we have a cap and trade system in the major developing economies reducing their current economy? Who is going to pay for it? emissions; • Border carbon adjustment mechanisms • Th e economics call for it: once a certain carbon o Some border adjustments will be necessary: We are learning that the cost of not acting will be price threshold has been reached, the ability either a tax to be applied to fossil fuel much more expensive in the long-term. Getting of Kyoto Protocol industrialized signers, imports or a requirement that energy a better understanding of the costs is not easy. known as “Annex 1 Parties,” to signifi cantly intensive imports surrender permits Science suggests that a 2 degree Celsius rise in strengthen their targets will only be possible corresponding to the carbon emissions temperature is the maximum we can stand. We with commensurate actions by developing embodied in them. are at 1.6 degrees Celsius increase now. Th e US countries; • Sectoral approaches Government Accountability Offi ce (GAO) will • Th e politics call for it: the previous Bush o International agreement on relevant sectoral have a report out soon. Th e fact is that we will “counter message,” characterizing the Kyoto emissions targets with, in many proposals, pay now or have to pay a lot more later. Even Protocol as a “patchwork” agreement, with contingency for rewards to those fi rms slight additional temperature rises will cause the signifi cant disadvantages for Organization for that beat the target. Th ese will be diffi cult need to reduce emissions signifi cantly. Economic Development (OECD) countries to implement, and it will be particularly played well with the local electorate; and diffi cult to establish diff erential baselines. Where will we be in carbon cap and trade as it • None of this will be feasible without strong • Carve-outs to vulnerable industries relates to agriculture? Annex 1 Party leadership. o Under cap and trade schemes, this would Th ere are signifi cant opportunities for agriculture likely provide free allocation of permits to if the proposed system is put in place. Canada Large, regional approaches, which can serve as vulnerable industries and sectors. Under models, include: has released its program, and it may not have carbon tax schemes it would likely see tax the same requirements as those in the US. It • Midwest Greenhouse Gas Reduction Accord exemptions to vulnerable industries, with comes down to the system design. Th e right (MGGRA): Nine states and two provinces a downside potential loss of environmental mix of approaches and use of best management participate or observe. Th e major focus is eff ectiveness. practices can provide environmental and on off sets. Th e MGGRA Website states: • Multilateral agreement economic benefi ts across the board, with or “Realizing the unique and major impact that o A post-2012 agreement that involves without specifi c incentives. the Midwestern states play in the emissions some sort of commitments from all major 8 But can we make sure that storage perspective, do you see dams in those fl ood- individual farmers, not aff ected areas being of value as well as having hydro only their jurisdictions, gett benefi ts? those credits? During the last fl ood, the hydro projects resulted Again, it all dependss in 50% more water being released down the on the system design.. Nelson River. Th is helped reduce the level of It can be done that way.y. Lake Winnipeg. In the ‘60s and ‘70s (prior to Alberta already has a the building of the hydro projects) during fl ood system in place, and thisis years, lake levels were signifi cantly higher than has a relationship to thehe experienced today under similar fl ood conditions. producers and creates a level of trust. But a Part of the northern hydro projects included the single farmer will not fi nd it economical to track Relative to the safety issues/transportation of nuclear construction of signifi cant canals (as signifi cant all of the CO2 sequestration, so there will need wastes, are they still radioactive and how long will as the fl oodway around Winnipeg), which act to to be aggregators of projects. you need to store them? minimize fl ooding. With hydro and wind power, transmission and Nuclear wastes have a very long half-life, are battery storage are major issues. For nuclear, a radioactive and must be contained. Shipping major issue is the waste. Is there a lot of progress tests ensure that there is adequate protection Agreements on Regional Energy Issues that can be made in getting more energy out of the and container integrity. Even in reprocessing the Th e jurisdictions within this region need to work material so there is less waste? fuel, there is a byproduct that would still need together to eliminate barriers to the development to be segregated from the environment.Th ere are of new, advanced energy sources—including a If it was just a volume problem, the volume can other storage options, but there will still need to be reduced; however, the fact of there being any mix of hydro, biofuels, clean coal, nuclear— be containment. So we need to be certain of the based on the diversity of need for base load and waste/spent fuel component is the issue. Some integrity of the containers. countries—e.g., France and Britain—are trying intermediate energy sources. Delegates support to develop reprocessing facilities. Th e US policy Is new nuclear energy facility design much more and encourage support for the development of has been that the waste stays in its existing form effi cient than the old design, and would new new energy sources with signifi cant emissions and will get handled by the Department of the nuclear have less waste? How does it compare to reduction/elimination to replace the “aging Energy (DOE) in a permanent repository. Other hydro? fl eet” of less effi cient energy sources. pilots are moving toward a “closed loop cycle.” Th ese are not comparable products. It is like Th e citizens and governments of the region need Either way, there is a potential for real economic to assist in the development and provision of value in spent fuel. Whether we reprocess now or comparing apples and oranges. Hydro competes with other types of intermediate energy resources for greater energy transmission within store, there is great economic value to that spent this region and to other jurisdictions. We need to fuel in the future, and that is why research dollars production. As of now, hydro cannot compete with nuclear relative to use as base load energy, understand that developing new energy sources are being awarded by DOE to study and develop is not as much about the size as about ensuring this. Currently, 29 states continue to store spent and scenarios depend on the costs of carbon in the future. Five years from now, the economics of that all sources are well planned, well defi ned, fuel and there are related safety and cost issues. well managed and sustainable. A common But there have been 3,300 shipments of spent energy production could be completely diff erent. Both hydro and nuclear are off ering competitive defi nition of what constitutes “renewable” nuclear fuel since the 1980s. It takes place all the energy needs to be developed so that there is time, and there have been no accidents. prices at this time. Xcel provides a wide variety of energy options that include nuclear. Relative a common understanding when developing While the safety of nuclear energy and spent fuel to effi ciencies of new nuclear plants, they really “renewable energy portfolios.” is important, if you are looking at it as it relates are not that much more effi cient, but you get Assuming that a common “price of carbon” is to global warming, will the economics of cap and more passive safety features than before, reduced developed through international cap and trade trade, for example, impact the development of risks though the new designs. and/or other mechanisms, a common price will additional nuclear energy? Th e questions we have here are, “How are we help drive the technology changes and energy Right now, the potential for (or reality of) cap going to keep the lights on, and how are we going mixes by creating greater market certainty. and trade has not really been an infl uence. to provide aff ordable energy?” Th e public does not Th erefore, the sooner that can happen, the better. Aggregators of CO2 and other potential As things are now, nuclear energy is pretty generally support that CO2 emissions aff ect climate. economical. It depends on power upgrades, How much additional base load do we need environmental “credits” will be essential for the renewal processes, and addressing the annually, and what is the cost of producing energy farmers, and any system established needs to be uncertainty of new plants being built. But the from coal versus that of renewable sources. Take tax kept as simple as possible, eliminating roadblocks. costs of nuclear energy will show even more credits and government interference out, and what However, following best practices in farming promise as the economics change. is the real cost? has economic and environmental benefi ts, aside from such incentives as credits—e.g., prevention New hydro generating projects are coming on line in Diff erent studies will give you diff erent numbers. of soil erosion, enhancing air and water quality Manitoba, which will make more power available Th e piece to look at initially is the cost to the and greater consumer acceptance of products. to Manitoba and Canada and also for the states. user. Nuclear energy costs are in the range of Minnesota is looking at more nuclear power. How coal with carbon capture requirements. When Th e delegates need to assist in the development will this aff ect the export of hydropower to areas we fi le our resource plans every two years, we of policies that encourage synergies between such where they turn to nuclear? need to consider the “least cost alternatives.” energy sources as wind and hydro. Th e federal Th ere are lots of questions. “Carbon free” does and state roles in permitting new energy projects No one technology will solve all the energy not necessarily mean “coal free.” Can we reduce needs to be non-duplicative, complementary, needs and requirements of the region. A multiple or eliminate emissions and still provide needed streamlined and predictable both for the energy source approach seems to be the best energy at low cost? If eff ective and effi cient construction and continued operation of energy option. We should not rely on any single energy carbon capture technology is developed, the facilities. Th e delegates understand and fully technology. We need back-ups to all the systems. costs can be vey low. Th e challenge is to figure agree that the most effi cient and eff ective “new During droughts, for example, Manitoba Hydro out how to keep using coal, clean coal. energy source” is that produced by additional needs back up systems. All non-emitting sources conservation actions. of energy are the wave of the future. Th ere are concerns about building dams. From a

9 Dinner with Special Guests former North border relations in and Moorhead make Dakota Governor George Sinner and former general. Almost 25 years their decisions about Minnesota Senate Majority Leader Roger ago, Governor Sinner what to do in the future Moe proposed a bilateral for flood mitigation, cooperation agreement they need to examine Th e Honourable was fi rst elected between North Dakota the big picture. It’s like to the in 1995 as the and Manitoba, which a jigsaw puzzle. You Member for Dauphin and was re-elected as the he signed with then- need to look at the MLA for Dauphin-Roblin in 1999, 2003 and Premier . big, complete picture again in 2007. After the election of 1999, he That was Manitoba’s before you try to put served as the Legislative Assistant to the Minister first comprehensive cooperation agreement the pieces in place. Th e present management of of Health and, on November 3, 2003, was with a US state, and it was followed by several water in the Red River basin is operating like appointed the new Minister of Conservation by more in later years. Th at wasn’t the only door putting together a jigsaw puzzle without looking Premier . Minister Struthers brought Governor Sinner opened for Manitoba and the at the box top cover.” welcoming remarks on behalf of the Province other Canadian provinces. In 1990, he invited of Manitoba to the Legislators’ Forum and Premier to attend the annual Th e Senator noted that, before Fargo-Moorhead introduced Jim Eldridge, a long-time friend of Western Governors’ Association meeting, which makes its decisions about future fl ood mitigation, the Legislators Forum while he served as Clerk he chaired, in Fargo, and Governor Sinner, in there needs to be a process that examines the big of the Executive Council and Secretary to the turn attended the Western Premiers’ Conference picture, the impacts of various options on the Cabinet (1999-2005) and Deputy Minister of in Portage la Prairie, Manitoba. Now, after almost whole basin, including that portion in Manitoba. Intergovernmental Relations (1986-2005.). 20 years, the Western Premiers are welcomed as “Th e time has come for an IFMI 2,” he noted. He is now Special Advisor to the Premier on virtually full participants at the WGA’s annual “We need to review which agreements arrived Intergovernmental Relations. meetings every summer. Th is has been extremely at during the IFMI process have worked and which have not and why. In that way, we can Jim introduced former North Dakota Governor helpful to the Western Provinces and to Canada itself, and it would not have happened without get the big picture, and then learn what needs to George Sinner and former Minnesota Senate be done at the local levels.” Majority Leader Roger Moe: He noted that the vision of Governor Sinner, who opened these distinguished speakers “are two of the most the door to a new era of cooperative relations, Th e Senator said that he believes that such a important ‘founding fathers’ of this Legislators’ because he saw clearly that it was good for North process will lead to agreement on the need for Forum.” Th ose who live in the center of Dakota, the Upper Midwest, and the USA too. the highest level “Commission” accountable North America—what has often called “the Governor Sinner served in North Dakota’s to the Governors and Premier to coordinate heartland”—have been very lucky to have had, highest offi ce for two terms, from 1985 to 1993, Basin planning, something like the Great Lakes with relatively few exceptions, some outstanding but he did not slow down afterwards, working on Commission. “I realize that would be diffi cult, elected offi cials over the years. a wide range of initiatives benefi tting his home because it would mean that every political jurisdiction would have to give up something. Senator Moe and Governor Sinner are two of the state and region. He was also, with Senator Moe, one of the most infl uential leaders of the IFMI But, unless that happens, during the next major best examples of that kind of visionary, outward- fl ood, there will be continuous fi nger pointing looking leadership. Th ey have contributed a process after the 1997 fl ood in the Red River Valley, and this year, he had to deal directly with and blame. . .and no solutions that apply basin legacy of achievement to our region. Th ey both wide.” exemplify the populist heritage of politics in the 2009 fl ood in Fargo, where he lives. Minnesota, North Dakota, South Dakota and Roger Moe’s comments related primarily to Governor Sinner also thanked the delegates Manitoba. Both are consensus-builders. Both the IFMI between 1998 and 2000. One of the for the opportunity to present some of his believe in bipartisan—or non-partisan, as we agreements that came from that initiative was to thoughts. He said he believes that, with regard call it in Canada—approaches to the major establish the Legislators Forum, which has been to fl ooding issues, local solutions to basin wide challenges we share. in existence since the IFMI process. Senator issues are suspect. Th ose who prepare those kinds of solutions have no need to study the And both have worked very hard to promote Moe thanked the delegates for the invitation and noted that Governor Sinner and he know, eff ects on others and often do not want to better cross-border relations and dialogue know those eff ects because arriving at the local between neighbors, recognizing that it’s in all since they were both legislators, how diffi cult it is to be a legislator these days. Th e issues are solution then becomes more complicated. our interests. Along with Dick Gross, North “We clearly must have a basin-wide solution, Dakota Governors Allen Olson, Ed Schafer and, complex, and few citizens are satisfi ed with the decisions they make. and every jurisdiction involved must participate most recently, John Hoeven, and Minnesota’s in creating such a solution, or no one will be Governors Ventura and Pawlenty, and South Following the 1997 RRV fl ood, the U.S. Federal happy with the result,” the Governor stated. Dakota’s Bill Janklow and Mike Rounds, as Emergency Management Agency (FEMA) and “What history has shown is that local diking well as Premiers Gary Filmon and Gary Doer, the Province of Manitoba sponsored IFMI. Th e will have to be part of the solution in certain plus original Forum members and staff , who process lasted from 1998-2000. Participants areas, but dikes can be vehicles for diverting are here tonight, Senator Moe and Governor included representatives from federal, state, fl ooding to someone else, as is Canada’s ‘road- Sinner conceived, lobbied hard for, and oversaw provincial, and local organizations in the Red dam/dike’ (Pembina Highway) at the border. the establishment of this organization as one River Valley. Th e IFMI process produced 12 And diversions are very often simply the means of the most important ongoing legacies of recommendations, many of which have been to push water faster onto the people and their the International Flood Mitigation Initiative partially or fully implemented, including the farms and cities in the lower basin.” (IFMI), which they will speak about tonight. creation of the Legislators Forum. He noted that, “Water retention is, without Senator Moe was fi rst elected to the Minnesota “Now it’s 2009, and we have had another major a doubt, one method that brings permanent Senate in 1970 and served for 33 years, until fl ood in Red River Valley. It’s the same game assistance to everyone below the retention area. 2003. In 22 of those years, he was the DFL in a diff erent venue! Instead of Grand Forks, Th ere are sites, such as the valley above Baldhill majority leader, the longest serving in state East Grand Forks and Ada, it’s Fargo, Moorhead Dam and below Lake Traverse and in many areas history and among the longest serving in the and Valley City. After each fl ood come more in the upper reaches of the basin, which could history of the United States. With Premier Gary proposals (for diversions, higher dikes, etc.),” be used to retain water to help prevent fl oods Doer, Senator Moe co-chaired the fi rst Legislators the Senator said. during high water periods and release that water Forum in Winnipeg in 2001 and continues to to address drought issues.” take a strong interest in its activities and in cross- He continued, “But, before the cities of Fargo 10 “Th ere is no question that there would be of cross-border traffi c. Individual Americans are informed manner. DHS has been willing to be a hardship on those in the water retention still travelling. Th ey are simply choosing not to fl exible as it realizes it is not ready—and citizens areas, and they must be compensated for enter Canada, presumably because of the new are not fully prepared—to be fully compliant losses they may suff er. Off -stream dams may document requirements. “What has happened with WHTI requirements. Representative be preferable but not always possible, and dry is exactly what many feared—the relationship Slaughter has introduced HR 2670, oversight dams may be a workable possibility. Research has changed,” Marianne remarked. “While all legislation designed to put in place monitoring on these possibilities should be started as soon recognize the need for greater security, further requirements to identify problems and progress as engineers can defi ne their general potential delay in implementation of the WHTI would in WHTI implementation. It would require in helping reduce the threat. Minnesota already have helped all of our citizens to be better reports by December 1, 2009, and June 1, 2010, has several facilities in place. Priority should be prepared.” on specifi c components of the implementation given to projects that assist the whole basin to and an overall analysis, including economic address both fl ooding and drought issues, and Marianne noted that passport applications are up impacts, of the WHTI. the costs will be very signifi cant and must be by 30% in Canada and by 34% in the US and shared by all who are benefi tted.” that the issuing capacity has increased by 95% to Marianne had requested, from DHS, state-by- deal with the backlog of applications. However, state breakdowns relative to who had applied the fact is that travel is down signifi cantly. DHS for or held valid passports or NEXUS cards. She is pleased that 80% of travelers are in compliance received broad statistics, but they are tabulated by FRIDAY, JUNE 25 with WHTI requirements; however, one must zip code, and DHS had data sorting diffi culties. Session 4: Update on the Western remember that this is 80% of a total that is 70% It appears that of the 77 million US citizens Hemisphere Travel Initiative (WHTI), fewer than in the past. who hold valid passports or NEXUS cards, 40 million are held in border states. But Marianne Enhanced Identifi cation Card and 2 Nation At a recent hearing on Capitol Hill, customs and Tours has no sense as to how that applies to the local border patrol offi cials said they were prepared, jurisdictions, for example, of those involved in Marianne Rude ([email protected]), that the card readers (RFID) have been installed the Legislators Forum. Washington, DC representative for the at the 39 busiest ports of entry. DHS has Province of Manitoba, presented on updates launched a public relations campaign to inform Four states now offer enhanced drivers on the WHTI. She noted that a lot has happened cross-border travelers about what they need to licenses—Washington, Vermont, New York and since last year—most important, the relationship cross the border. It has launched a website, www. Michigan. ran a pilot project between Canadian and US citizens has been getyouhome.gov, to give citizens the information with Washington and has since introduced its permanently changed (perhaps damaged) as they need. full program. , and Manitoba of June 1, 2009. “While President Obama has have initiated enhanced identifi cation card and/ Some communities in Canada have considered or driver license programs as well. said the US cannot take Canada for granted, launching a website, www.keepyouhome.gov, to the Secretary of the Department of Homeland encourage Canadian citizens to stay in Canada. Moving ahead with the Real ID in the US has Security (DHS) has said that there is a border In Canada, 54% of its citizens already have been problematic because of resistance from between the two countries, and it will be treated passports, which is a 50% increase during the states who view the program as an unfunded as such. Th e clear message is that, with the full last 3 years. In Manitoba, 45% of the citizens mandate and because of privacy concerns with implementation of the WHTI, a culture change have passports, and that is up 7% from last year. respect to the creation of a national database. has occurred—the days of easily going back and In the US, 34% of its citizens have passports. DHS Secretary Janet Napolitano recognizes forth across the border to go to the local K-Mart Th ere are 240,000 NEXUS cardholders, which the challenges of implementing REAL ID in or post offi ce have ended.” represent an 85% increase since October of its current form and has introduced S1261, the “Even though many groups, including the 2007. Th is is all happening gradually as people Pass Act that would create a less-onerous “Pass Legislators Forum, have urged longer delays are learning what the identifi cation requirements ID,” and would remove the requirement that in implementation—and some of those are. database information be shared nationally. messages have been heard because delays in New York Congresswoman, Louise Slaughter Th e challenge in all of this is to ensure easy access implementation have occurred—longer delays (see: www.louise.house.gov), was initially going across the border for citizens of both countries. have not happened. As a result, travel between to try to get the Administration to delay WHTI It is something we all value, and the Legislators the 2 countries is down dramatically. Th e same- implementation for another year. She wrote to Forum is a microcosm of all of our citizens and day travel of Americans to Canada has dropped the committee that we cannot simply fl ip a switch the relationships they value. by 70%. Th ere have been fl uctuations in the from having the world’s largest open border to value of the respective dollars, but the patterns having extensive documentation requirements Dan Guimond ([email protected]), of cross-border travel have not followed these without causing extensive economic damage. Vice-President of Innovation and Insurance trends in a way one would expect. Th e lack of She noted the need for massive infrastructure Operations for Manitoba Public Insurance clarity in identifi cation documents has been a improvements at border crossings and that these (MPI), presented on “Th e MB Experience of large contributor to the decline in cross-border are only beginning. She did not have time to Developing its Enhanced Identifi cation Card traffi c,” Marianne concluded. introduce legislation because the Secretary of (EIC) in the spring of 2009 (and Enhanced Driver’s License (EDL) in the Fall 2009)” He A study of US tour operators revealed that there DHS had already certifi ed that implementation of the WHTI would proceed. However, noted that MPI is a Crown Corporation, owned has been a signifi cant drop of American tours to by the government, which administers various Canada but an increase in tours within the US. Congresswoman Slaughter and others have been extremely eff ective in pressing DHS to use its programs on behalf of the government, and So, one may conclude that the current economic the enhanced identifi cation card and enhanced downturn is not a signifi cant factor in the decline discretionary powers to ensure that the WHTI is implemented in a broadly fl exible and an drivers license program is one of them. MPI 11 has worked with many stakeholders and enhanced driver’s licence and identifi cation the program which have been developed, which organizations since the fall of 2007 when the card program, which would meet WHTI can now be used to develop programs in other Premier announced his intention to develop requirements. Manitoba now has one of the jurisdictions. Th e Manitoba program has been Manitoba’s EIC/EDL program. most secure cards in North America and has a called a “platinum” program by the US DHS. program, which is compliant with national and Dan noted that MPI began in “uncharted international standards. Minnesota Senator Tom Saxhaug reported waters” given that this is a new program for on the “Status of Minnesota Enhanced Drivers both US and Canadian governments. While the Developing the EIC Licenses.” He noted that Minnesota has to program design was dictated by mutually agreed was the first phase get going in order to catch up to Manitoba. upon standards developed by both national of developing a Minnesota legislators have been intimidated, governments (“Recommended Standards high quality, high but the Manitoba experience will help them for Secure Proof of Status and Nationality security card for move forward. Having an EIC/EDL is a needed Documents to Facilitate Cross-Border Travel citizens that meets convenience for many Minnesota citizens. He Security and Prosperity Partnership”) and by the WHTI requirements off ered a bill, which would have added $15 to Canadian Driver’s Licence Agreement (CDLA), by June 1, 2009. the cost of drivers’ licenses. It did not pass this there were no clear guidelines, interpretations or Customers with the last session, but he believes he is winning over precedents on which to rely. EIC can convert the Transportation Committee Chair and that to EDL at no cost the bill will be successful during the next session. MPI realized that it had to design a program when the EDL becomes available in the fall of Th e information from Manitoba will be very which meets the needs of policy makers to 2009. Th e two-phased approach provides a “key helpful in achieving success in Minnesota. provide choices to citizens yet meets program risk mitigation feature” that will allow MPI to guidelines and standards and that it needed to address any changes in policy which may occur Other delegates observed that there has been no be approved by the US DHS. Considerations after the EIC has been implemented. Again, similar legislation or action in North Dakota involved in developing the enhanced drivers any changes would be at no additional cost to or South Dakota. North Dakota concerns are license and identifi cation cards included: customers. primarily about privacy. Th e voluntary nature of the Manitoba program is key. Th ose who have • Preventing identity theft, Th e EDL will achieve one of the primary goals privacy concerns do not need to purchase the • Identifying duplicate identities, of the Canadian Drivers License Association EIC or EDL. It was suggested that legislators • Identifying fraudulent applications, (CDLA), including the implementation of the in the states might want to check with offi cials • Aligning all customer information, and principle of “one driver; one driver license, in the states of Washington and Vermont, where • Not confusing customers. one driver control record” to ascertain the true there are diff erent models that are broadly Th e program execution challenges included: identity of a person to whom a driver license is accepted. issued and to secure the license document itself. 1. Developing the business case to ensure Dené Sinclair (DeSinclair@travelmanitoba. necessary approval at the end, Th e overall objective of the program from the com), Coordinator, Planning and Marketing 2. Undertaking a gap analysis, designing the beginning was to keep incremental costs low in Development of Travel Manitoba, presented program to meet minimum requirements, order to make the card aff ordable to Manitobans. an “Update on 2 Nation Tours.” She noted that 3. Ensuring the security of the cards to prevent It has been designed to provide an EIC/EDL for this program grew out of the fi rst meeting of the tampering, $30 (for Manitobans who already have a regular Legislators Forum in 2001. She has counterparts 4. Addressing the technical challenges of facial Manitoba driver’s licence) and $50 for non- in each of the other 3 jurisdictions. Th ey jointly recognition, drivers. Approximately 90% of the EIC card market the 4 regions and discuss with each 5. Developing new legislation and regulations applicants to date are Manitoba driver’s licence other and develop cross-border itineraries. Th ey 6. Meeting legal and other requirements, holders. In comparison, a Canadian passport have moved from the binder which delegates such as developing memorandums of costs $87 (CDN) plus the photo cost of $15 have seen in prior meetings to a “lure piece,” understanding, appropriate contracts and (CDN) on average, for a total cost of $102. A which provides a stronger brand identity and agreements, US passport costs $100 (US). A NEXUS Card points to the website: www.2nationstours.com. 7. Ensuring secure electronic information is $50 (CDN). Right now, there are 8 itineraries between the jurisdictions, and they are continuing to see exchange between various governmental In conclusion, MPI learned that: agencies in the US and Canada, increased traffi c from tour operators. Dené also 8. Making sure the cards were secure through • Political support was critical to success; noted the award the program had received from use of protective sleeves or other methods, • Government administrative support was also the Binational Tourism Alliance and that the 9. Making certain privacy concerns are critical to overcome obstacles; award was an “Honourable Mention” because addressed, • A strong delivery team was essential; and they had no category for this kind of joint eff ort. 10. Designing the program to meet cost targets, • Inter-jurisdictional dialogue was invaluable. For the future, they see an updated website 11. Developing a broadly representative in 2010-11, addressing changes to the group but eff ective team and consultations with Dan noted that the EIC program is working tour market and developing niche itineraries interested parties who may not be team well and that EICs/EDLs have proven very for unique groups who want diff erent kinds of members, popular in many jurisdictions. He indicated that experiences. 12. Ensuring necessary training was made Manitoba Card volumes are high—currently selling approximately 100 cards per day and that We are stuck with the reality of the WHTI. I am available, concerned about the ways that these requirements 13. Preventing fraudulent document and the EIC/EDL infrastructure will serve Manitoba well in the future. He noted that the most diffi cult can be handled. We have had experiences coming imposter training and certifi cation, and to Gimli—2 of our delegates were delayed for 14. Obtaining necessary union agreements as to work of establishing the program has now been done. Th ere is clarity in the business process of 2 hours in getting through. If that becomes a hours of work, security clearances, and job common experience, there will be further negative descriptions. implementing a program. US DHS has clear expectations and requirements. Th ere are now eff ects upon the travel numbers. Th e way people are Manitoba currently has a two-part drivers license designated offi cials to facilitate the process with treated when they go through the border crossing is (Photo Card and Driver Licence Certifi cate). Th e experience and clear direction. Jurisdictions that important. We need to share the negative experience EIC/EDL program provided the opportunity to have implemented the program have learned with people who can do something about it. We piggyback onto the previously planned move many lessons and are willing to share and discuss need to pay close attention to this. to a one-piece drivers license, by off ering an with others. Th ere are many “components” of Th ere are similar problems with Canada, even 12 though they are not responsible for the WHTI I now do fewer border crossings because it is not soften or at least express our displeasure about the requirements. Th ey include infrastructure and convenient to handle a passport. But I do not think requirements and what happens at the border. attitude issues at the borders. But the Canadian it is as big a deal as we make it out to be. Th ese requirements have not made us safer. border offi cials want to demonstrate to the US that they are serious about security, so the delays Some states have simply taken the approach, and attitudes occur both ways. [Marianne “Let’s make it practical.” Washington has a Agreements Relative to the Western Rude off ered to convey personal experiences great marketing campaign and has been very Hemisphere Travel Initiative (WHTI) successful. to Representative Slaughter, so delegates are While delegates, again, expressed frustration encouraged to email Marianne at her email Tourism brochures indicate border crossings are with the way and the time frame in which the address ([email protected]) to share their down overall. It seems like trade continues to rise WHTI has been implemented, they understand experiences and those of their constituents in though. It would be more of a concern to me if it has been implemented. Nevertheless, they crossing the border.] fewer border crossings correlated to reduced trade. also believe that the habits of a lifetime of If you travel to diff erent countries in Europe, it is a Do you have any information on that? spontaneous border crossings have come to an end and question the necessity and whether it completely diff erent standard. We need to be part Th e panelists did not have that data, but of the whole world. Is something else going on to has increased security. Th e delegates expressed indicated that this is being watched very closely. strong support for the eff orts of New York decrease the number of crossings from the US to Is the WHTI a complicating factor? Perhaps Canada? Representative Slaughter to evaluate whether this will be clearer next year. the WHTI requirements have increased security Some have tried to link it to the economic I want to feel like going into Canada is as easy as and to ensure monitoring and improvements situation, but there has been a consistent drop in going from state-to-state. It is a comfort level thing in the WHTI implementation on the Canada- crossings since 2001, even when the economies with me. US border. Th ey agree that if “undue harm” were doing well. It is more a psychological is occurring to lives, tourism and trade due to barrier due to the increased hassle of crossing It is sad that we have reached the point we the new requirements, those requirements need the border. Some people tell tour providers, for have. WHTI and US DHS goals are to identify to be revisited and corrected to minimize or example, that they “don’t even like to go there who we are and where we are going – that is eliminate such harm. At the least, the border any more.” It is profoundly sad. supposed to translate into safety, post-9/11. Th ere crossing experience needs to become more is a perception that there are people coming from friendly, through appropriate hiring and training All the players and stakeholders are what go into Canada that are causing problems. We have to of customs offi cials on both sides of the border, making it work. What is the cost, both fi nancially spend a lot of time, money and eff ort and give up a evaluation as to appropriateness of questions and in terms of peoples’ lives? How do we judge if lot of privacy, and are we that much safer? What being asked of travelers at the border crossings, it is actually making things safer? are we trying to achieve? We know we have to deal and through improved infrastructure to allow Estimates for starting the Manitoba program are with it. It is now more diffi cult at the border. How more effi cient crossing. It will be essential to around $13.7 million. Post start up, it should be people are treated makes a big diff erence. I wish maintain and enhance border crossings in the break even based on the fees generated through there was another way. We are where we are, and more rural areas of our jurisdictions so as to the sale of cards. Success will be determined we must move forward. Knowing where we are, lessen the inconvenience to rural citizens. where we’ve come from and where we are going is based on achieving compliance with the policies. A great deal more needs to be done by the US Preventing something bad from happening will also important. Th e fi rst question is now who are you, and soon it will be where are you going and DHS and other appropriate state, provincial and be diffi cult to measure. You just never know federal offi cials to educate and to ease fears of what may be prevented. You can quantify in why? Why would a Canadian ever be asked (when returning to Canada) where they are going? RFID our citizens about the reality of border crossing terms of the economics, but measuring societal identification requirements. The delegates costs is diffi cult to do. We do know that the is a tracking device and some time in the future it may be used in ways we will not like. support such eff orts as those Manitoba has WHTI makes peoples’ lives more diffi cult. taken to develop an EIC and an EDL and agree We can fi ght against certain things for so long, then Th ere was a real feeling in the US that they had that such programs have reduced the fear of it happens anyway. Many limitations are real, to do everything to legislate away every risk, and citizens. Th e US Homeland Security and the but some are mental. We can do something about that is not possible. Th e fl ip side is are we giving State Departments should make more funding the mental limitations people feel, their fears of away some rights and privacy? We have risks available to states to undertake similar programs. crossing the border. People will need information everyday, but it’s about calculated risks. We need Th e experiences in Washington and Vermont and assistance. We just have to say, “It’s not so bad, to recognize that we are making choices to give will be valuable pilots for other states to consider so let’s get it done.” up rights and privacy. in order to learn what has worked best and what has not. EDL is really diff erent from passports. People do not I am concerned about the bigger picture, the want to carry their passports around both because broader view. It is unfortunate we are where we Th e delegates support such approaches as the of their size and fear of losing them. EDL is easier are, but we have to deal with it. Th e investment “trusted traveler,” preclearance of bus tours, and to carry, and there is less fear of loss. Statistics are to accomplish this is great, but are we achieving additional options for border identifi cation, fi ne, but, of the 45% who have passports, how what the original goal was? Th at’s my point. In including EIC, EDL, Pass ID and NEXUS, but many actually need to have them? the end, did we achieve our goal and how can we continue to express concerns about violations of measure it? privacy rights and who has and will have access Th e panelists only had the percentages of those to the information supplied by citizens at border who have them and no information about Homeland Security has been a travesty on many crossingsg (see, for example, contact information whether they really need them for other purposes levels. Events like Folk Fest may not happen for for Marianne Rude aboveabove).). than crossing into the US. long. Th is group can be doing things to mitigate,

NEXT YEAR’S TENTH ANNIVERSARY MEETING is the former Mayor of Moorhead and ensured the delegates they would have an enjoyable On behalf of the delegates, Morrie Lanning thanked the time at the tenth annual Legislators Forum. Manitoba delegates and staff for their fi ne work in hosting Th e delegates discussed potential dates and, this annual meeting in Gimli. He invited the delegates to tentatively agreed on Monday-Wednesday, Junee come to Moorhead, Minnesota for next year’s meeting. 21-23, 2010 for the tenth anniversary meeting off In addition to being a Minnesota representative, Morrie the Legislators Forum.