DOCSLIB.ORG

An Assessment of the Great Lakes States' Implementation of the Water

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
An Assessment of the Great Lakes States' Implementation of the Water An Assessment of the Great Lakes States’ Implementation of the Water Management and Conservation Provisions of the Great Lakes – St. Lawrence River Basin Water Resources Compact By the University of Toledo College of Law’s Legal Institute of the Great Lakes Kenneth Kilbert Aubrey Merkle Forrest Miller October 2019 Electronic copy available at: https://ssrn.com/abstract=3498342 Legal Institute of the Great Lakes Table of Contents Executive Summary 1 I. Introduction 3 II. Compact’s Water Management and Water Conservation & Efficiency Provisions 4 III. State-by-State Analysis 7 Illinois 8 Indiana 16 Michigan 25 Minnesota 35 New York 44 Ohio 53 Pennsylvania 63 Wisconsin 73 Appendix: Great Lakes – St. Lawrence River Basin Water Resources Compact About the Authors The Legal Institute of the Great Lakes is a multidisciplinary center within the University of Toledo College of Law. Kenneth Kilbert is the director of the Legal Institute of the Great Lakes and a professor at the University of Toledo College of Law. Aubrey Merkle is a second-year student and Forrest Miller is a third-year student at the University of Toledo College of Law. Acknowledgments The authors thank The Joyce Foundation for the generous grant that funded this research project. Special thanks to Elizabeth Cisar, senior program officer for the environment at The Joyce Foundation, for her valuable input and guidance. i Electronic copy available at: https://ssrn.com/abstract=3498342 Legal Institute of the Great Lakes Executive Summary The Great Lakes – St. Lawrence River Basin Water Resources Compact, which took effect in December 2008, ushered in a new era of water management for each of the eight Great Lakes states -- Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin. Recognizing that the waters of the Great Lakes basin are a precious public natural resource shared by the states, the Compact not only banned (with limited exceptions) new diversions of waters of the Great Lakes basin outside the basin, it also required the states to undertake more robust programs for management and conservation of waters within the Great Lakes basin. In order to fulfill the promise of the Compact, it is essential that the states carry out their obligations to implement its terms. This white paper aims to independently assess each of the eight Great Lakes states’ implementation of the water management and water conservation and efficiency provisions of the Compact. This project is particularly timely. This December each state is required to report on its implementation of water management and water conservation and efficiency programs under the Compact. The states’ reports are subject to review by the Great Lakes – St. Lawrence River Basin Water Resources Council. The Council will determine whether each state’s water management and water conservation and efficiency programs meet the provisions of the Compact, and if not make recommendations. Overall our assessment is positive. Although programs differ among the states, each of the eight Great Lakes states is largely implementing the water management and water conservation and efficiency provisions of the Compact. But there is room for improvement for each state. While our state-by-state analyses outline the particular issues for each state, a majority of the states seem to be coming up short with respect to a few provisions: • Compact § 4.1.1 Water Resources Inventory. Virtually every state is not maintaining a complete water resources inventory as required by the Compact, including information on withdrawals, consumptive uses, and diversions in the Great Lakes basin. • Compact §§ 4.1.3 Registration & 4.1.4 Reporting. All states have laws mandating registration and reporting of withdrawals of 100,000 gallons per day or more, and diversions in any amount, in the Great Lakes basin as contemplated by the Compact. But in multiple states it is not clear that such registration and reporting are occurring as required. • Compact § 4.11. Compact § 4.11 sets forth a Decision-Making Standard to be applied to all proposals for new or increased withdrawals and consumptive uses in the Great Lakes basin subject to management and regulation under Compact § 4.10. But some states appear to apply a different, less rigorous standard; some states apply the Decision- Making Standard only to certain regulated withdrawals and consumptive uses; and some 1 Electronic copy available at: https://ssrn.com/abstract=3498342 Legal Institute of the Great Lakes states define “source watershed” in a manner that may be at odds with the Decision- Making Standard. We hope that our assessment will help inform the states as they complete their reports later this year, the Council as it reviews the state reports, and the public interested in our Great Lakes water resources. 2 Electronic copy available at: https://ssrn.com/abstract=3498342 Legal Institute of the Great Lakes I. Introduction The groundbreaking Great Lakes – St. Lawrence River Basin Water Resources Compact (Compact) took effect December 8, 2008. Parties to the Compact are the eight states bordering the Great Lakes – Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin. Following years of negotiations, the Compact was signed by the governors of all eight Great Lakes states in December 2005, was subsequently ratified by the legislatures of all Great Lakes states, was approved by Congress and signed by President George W. Bush in September 2008, and by its terms took effect 90 days later. An interstate compact under the Compact Clause of the U.S. Constitution,1 the Compact is both an agreement among the eight states and binding federal law. The Compact recognizes that the waters of the Great Lakes basin are precious natural resources shared and held in trust by the states.2 A key feature of, and a major impetus for, the Compact is its ban on diversions of waters of the Great Lakes basin3 to outside of the Great Lakes basin. The Compact flatly prohibits new or increased diversions of Great Lakes basin waters beyond the Great Lakes basin, subject to three specific exceptions for certain users just beyond the Great Lakes watershed. Equally important, though, are the Compact provisions that promote wiser use of Great Lakes basin waters within the basin – specifically, the provisions obliging the states to undertake programs regarding water management and water conservation and efficiency. In order to fulfill the promise of the Compact, it is essential that the states carry out their obligations to implement these provisions. This paper aims to independently assess each of the eight Great Lakes states’ implementation of the water management and water conservation and efficiency provisions of the Compact. Section 3.4.1 of the Compact requires each state (aka Party) to submit periodic reports detailing its water management and water conservation and efficiency programs that implement the Compact. These periodic reports go to the Great Lakes – St. Lawrence River Basin Water Resources Compact Council (Council), a body created by the Compact and consisting of representatives of each of the eight states.4 At this point these periodic reports are due every five years, and the next round of state five-year reports is due December 2019. After reviewing the state reports, the Council must determine whether the states’ water management and water conservation and efficiency programs meet the provisions of the Compact, and if not, recommend options to assist the states in meeting the Compact provisions. 1 U.S. Const. art. I, § 10. 2 Compact § 1.3.1.a. 3 Compact § 1.2 defines “waters of the basin” as the Great Lakes themselves plus all surface water and groundwater tributaries within the Great Lakes basin. 4 The reports also go to the Regional Body, another entity created by the Compact which includes representatives of the two Canadian provinces as well as the eight members of Council. 3 Electronic copy available at: https://ssrn.com/abstract=3498342 Legal Institute of the Great Lakes The prime focus of this paper is to assess the states’ water management and water conservation and efficiency programs that implement the Compact.5 These assessments are intended to help insure that the necessary steps are being taken to preserve Great Lakes basin waters. Ideally, the assessments will help inform the states as they complete their five-year reports later this year, and the Council and the public as they review the states’ reports. Part II of this paper includes a summary of the water management and water conservation and efficiency provisions of the Compact. Part III is a state-by-state analysis of the progress by each of the eight Great Lakes states in implementing those provisions. II. The Compact’s Water Management and Water Conservation and Efficiency Provisions The water management and water conservation and efficiency provisions of the Compact are included in Article 4, titled “Water Management and Regulation.” The key provisions regarding water management and water conservation and efficiency that each Party must implement are summarized below. The full Compact is attached as Appendix A. Section 4.1. Water Resources Inventory, Registration and Reporting 4.1.1. Within 5 years of the effective date of the Compact, each Party shall develop and maintain a water resources inventory concerning its water resources, including information on withdrawals, consumptive uses, and diversions. 4.1.3. Within 5 years, any person6 who withdraws an average of 100,000 gallons per day (gpd) or more in any 30-day period, or who diverts water in any amount, shall register the withdrawal or diversion with the state. 4.1.4. All registrants shall annually report the monthly volumes of the withdrawal, consumptive use, or diversion to the state. 4.1.5. Each Party shall annually report the information gathered pursuant to this section to a Great Lakes water use database repository, and the aggregated data shall be made publicly available.
Load more

Recommended publications
  • A Perspective from the Great Lakes
    Buffalo Environmental Law Journal Volume 14 Number 2 Article 1 4-1-2007 Managing Resources with Interstate Compacts: A Perspective from the Great Lakes Jessica A. Bielecki Follow this and additional works at: https://digitalcommons.law.buffalo.edu/belj Part of the Environmental Law Commons Recommended Citation Jessica A. Bielecki, Managing Resources with Interstate Compacts: A Perspective from the Great Lakes, 14 Buff. Envtl. L.J. 173 (2007). Available at: https://digitalcommons.law.buffalo.edu/belj/vol14/iss2/1 This Article is brought to you for free and open access by the Law Journals at Digital Commons @ University at Buffalo School of Law. It has been accepted for inclusion in Buffalo Environmental Law Journal by an authorized editor of Digital Commons @ University at Buffalo School of Law. For more information, please contact [email protected]. MANAGING RESOURCES WITH INTERSTATE COMPACTS: A PERSPECTIVE FROM THE GREAT LAKES JESSICA A. BIELECKI * I. INTRODUCTION The Great Lakes Basin is the largest fresh water system outside the polar ice caps,' covering 300,000 square miles,2 and stretching 750 miles from east to west.3 It holds ninety percent of North America's fresh water, which equates to six quadrillion 4 gallons. This is enough water to submerge5 the continental forty- eight states nine and a half feet deep. Despite its size, without protections, the Great Lakes Basin 6 7 could be in danger. Fresh water shortages both inside and outside B.S. 2004, University of Mary Washington, J.D. 2007, The University at Buffalo School of Law. The author would like to thank Professor Barry Boyer for his assistance in researching and drafting this article.
    [Show full text]
  • State of Indiana Five-Year Water Management and Conservation and Efficiency Program Review December 20, 2019
    State of Indiana Five-Year Water Management and Conservation and Efficiency Program Review December 20, 2019 1. Lead Agency and Contact Persons Indiana Department of Natural Resources; Chris Smith, Deputy Director, IDNR. 2. Implementing Laws, Rules, Regulations and Policies The following statutory provisions, Rules and Policies are applicable to the Water Management and Conservation and Efficiency Programs in the State of Indiana: • Great Lakes-St. Lawrence River Basin Water Resources Compact under IC 14- 25-15: The State of Indiana’s implementation of the Interstate agreement on the use of water resources in the Great Lakes-St Lawrence River Basin. • Rule 312 IAC 6.2: Assists with the implementation of the Great Lakes-St. Lawrence River Basin Water Resources Compact (IC 14-25-15) for the registration and permitting of water withdrawal facilities; a voluntary conservation and efficiency program for water withdrawal facilities; and mandatory conservation and efficiency programs for new and increased withdrawals, diversions and consumptive uses. Rule 312 IAC 6.2 is applicable to the Water Management and Regulation provisions set forth in Article 4 of the Compact. • Water Resource Management Act under IC 14-25-7: Section 13 requires that an inventory of the water resource in Indiana be conducted and include an assessment of the following: 1) The capabilities of streams to support instream and withdrawal uses and of aquifers to support withdrawal uses; 2) Low stream flow characteristics; 3) Existing uses and projections of beneficial use requirements; 4) The potential in watersheds for managing flood water for beneficial uses; 5) Potential sources and amounts of surplus water for transfers; 6) Other assessment and information considered necessary to properly define water resource availability.
    [Show full text]
  • The Great Lakes Water Agreements
    water brief 2 Peter Schulte The Great Lakes comprise the largest surface freshwater system on Earth, containing Theroughly 84 Great percent of the Lakes freshwater inWater North America Agreements and about 21 percent of the world’s total freshwater supply (see Figure WB 2.1). The Great Lakes Basin is home to more than 30 million people in the United States and Canada and accounts for 7 per- cent of American farm production and 25 percent of Canadian farm production (US EPA 2008). Freshwater is among the region’s most valuable and important resources— economically, ecologically, and culturally. In the last century, however, these resources have been subjected to heavy pollution and increased withdrawals and diversions often leading to adverse ecological and community impacts. In response, many have called for more effective and coordinated management of the Basin’s freshwater resources. The Great Lakes–St. Lawrence River Basin Water Resources Compact (not to be confused with the Great Lakes Basin Compact of 1968) is the most recent and comprehensive in a long series of legislative actions to strengthen and coordinate basin water management while protecting it from use by interests outside the region. Water management concerns in the Great Lakes Basin have for decades been largely centered on concerns about pollution and diversion of the water resources and how best to protect those resources from out-of-basin interests. Given the location of the basin at the border of the U.S. and Canada, many of these problems—and the policies Historydesigned to addressof Shared them—are Water transboundary Resource in nature.
    [Show full text]
  • Law and Governance of the Great Lakes
    LAW AND GOVERNANCE OF THE GREAT LAKES Noah D. Hall and Benjamin C. Houston* INTRODUCTION The Great Lakes are vast. The five lakes that make up the sys- tem—Superior, Michigan, Huron, Erie, and Ontario—comprise the largest freshwater system on Earth and contain approximately one- fifth of the world’s water supply.1 The Great Lakes provide water for consumption, highways for trade and transportation, fuel for power, and natural beauty for recreation.2 Approximately 35 million people live within the Great Lakes Basin, and 23 million depend on the Lakes for their drinking water.3 The Lakes are more than 750 miles wide and have a surface area greater than 300,000 square miles; there are 25,000 square miles of connected smaller lakes, hundreds of miles of navigable rivers, and 10,000 miles of shoreline.4 Simply put, the Great Lakes are enormous in their physical size and quantity of water. The enormity of the Great Lakes is matched by a governance and legal regime that can overwhelm attorneys and policymakers. The system is shared and governed by two countries, eight states,5 two provinces, and numerous Indian tribes and First Nations, in addition to a multitude of American, Canadian, and international agencies, as well as thousands of local governments.6 This “patchwork” of Great * Noah D. Hall, Associate Professor, Wayne State University Law School; J.D., University of Michigan Law School, 1998; B.S., University of Michigan School of Natural Resources & Envi- ronment, 1995. Benjamin C. Houston, LL.M., Lewis & Clark Law School; J.D., University of Michigan Law School; B.A., Kalamazoo College.
    [Show full text]
  • Resolutions 2020-1 Through 2020-10
    Great Lakes-St. Lawrence River Water Resources Regional Body Great Lakes-St. Lawrence River Basin Water Resources Council Compiled Declarations of Finding • Illinois • Indiana • Michigan • Minnesota • New York • Ohio • Ontario • Pennsylvania • Québec • Wisconsin Draft—For Discussion Purposes Only November 6, 2020 Great Lakes-St. Lawrence River Water Resources Regional Body Great Lakes-St. Lawrence River Basin Water Resources Council RESOLUTION NO. 2020-1 ADOPTING JOINT DECLARATION OF FINDING For the Water Management Program Review and Water Conservation and Efficiency Program Review State of Illinois I. BACKGROUND AND PURPOSE The Compact A. The Great Lakes-St. Lawrence River Basin Water Resources Compact (“Compact”) is by, between and among the States of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, and Wisconsin and the Commonwealth of Pennsylvania, and was effective on December 8, 2008. B. Section 3.4 of the Compact requires each Party State to submit a report to the Great Lakes-St. Lawrence River Basin Water Resources Council (“Compact Council”) and the Great Lakes-St. Lawrence River Water Resources Regional Body (“Regional Body”) on actions taken by that State to meet the provisions of the Agreement and Compact regarding that Party State’s Water management and conservation and efficiency programs. C. Following the Compact Council’s review of such reports in cooperation with the Provinces pursuant to Section 3.4 of the Compact, the Council shall determine whether that State’s programs (1) meet or exceed the provisions of the Compact; or (2) do not meet the provisions of the Compact and, if not, recommend options to assist the jurisdiction in meeting the provisions of the Compact.
    [Show full text]
  • The Great Lakes-St. Lawrence River Basin Agreement: What Happens in the Great Lakes Won’T Stay in the Great Lakes
    THE GREAT LAKES-ST. LAWRENCE RIVER BASIN AGREEMENT: WHAT HAPPENS IN THE GREAT LAKES WON’T STAY IN THE GREAT LAKES Kelly Kane This article provides a discussion of the current protections provided for the Great Lakes, and calls for an international binding agreement to ensure their continued protection. All past agreements between the United States and Canada to protect the Lakes have been purely good faith, and have no binding effect on the parties. The Great Lakes states and provinces have committed themselves to a good-faith agreement that bans all major withdrawals or diversions, subject to three exceptions. This Agreement has no legally binding effect on the states and provinces. The states, however, have created a legally binding Compact that does not include the Great Lakes provinces. The Great Lakes states have the power to make decisions regarding major withdrawals or diversions of Great Lakes water without the consent of the provinces. Although the current protections are morally binding, they will not provide enough protection for the Lakes given the increased concerns over water quality and quantity issues across the world. The federal governments of the United States and Canada should enter into a legally binding agreement to ensure the long-lasting enjoyment and protection of the Lakes. INTRODUCTION .......................................................................................... 430 PART I: BACKGROUND ............................................................................... 432 A.Federalism and Water Management Approaches in the United States and Canada ........................................................................ 432 B.Legal History of Protections Placed on the Great Lakes ............. 433 C.Great Lakes-St. Lawrence River Basin Sustainable Water Resources Agreement .................................................................. 438 D.The Great Lakes-St. Lawrence River Basin Water Resources Compact ......................................................................................
    [Show full text]
  • Rethinking the Great Lakes Compact Mark Squillace University of Colorado Law School
    CORE Metadata, citation and similar papers at core.ac.uk Provided by Colorado Law University of Colorado Law School Colorado Law Scholarly Commons Articles Colorado Law Faculty Scholarship 2006 Rethinking the Great Lakes Compact Mark Squillace University of Colorado Law School Follow this and additional works at: http://scholar.law.colorado.edu/articles Part of the Environmental Law Commons, International Law Commons, Natural Resources Law Commons, and the Water Law Commons Citation Information Mark Squillace, Rethinking the Great Lakes Compact, 2006 Mich. St. L. Rev. 1347, available at http://scholar.law.colorado.edu/ articles/380/. Copyright Statement Copyright protected. Use of materials from this collection beyond the exceptions provided for in the Fair Use and Educational Use clauses of the U.S. Copyright Law may violate federal law. Permission to publish or reproduce is required. This Article is brought to you for free and open access by the Colorado Law Faculty Scholarship at Colorado Law Scholarly Commons. It has been accepted for inclusion in Articles by an authorized administrator of Colorado Law Scholarly Commons. For more information, please contact [email protected]. +(,121/,1( Citation: 2006 Mich. St. L. Rev. 1347 2006 Provided by: William A. Wise Law Library Content downloaded/printed from HeinOnline Tue Mar 28 15:59:48 2017 -- Your use of this HeinOnline PDF indicates your acceptance of HeinOnline's Terms and Conditions of the license agreement available at http://heinonline.org/HOL/License -- The search text of this PDF is generated from uncorrected OCR text. -- To obtain permission to use this article beyond the scope of your HeinOnline license, please use: Copyright Information RETHINKING THE GREAT LAKES COMPACT Mark Squillace" 2006 MICH.
    [Show full text]
  • Wisconsin's Great Lakes Strategy Steers Ahead
    GREAT LAKES INSERT:Layout 1 11/12/08 12:18 PM Page 1 WISCONSIN’S GREAT LAKES STRATEGY STEERS AHEAD. The Spiritof Collaboration GREAT LAKES INSERT:Layout 1 11/12/08 12:18 PM Page 2 A national treasure GREAT LAKES PROTECTION AND RESTORATION. ave you ever dipped your toes into Lake Superior’s clear, icy waters? Experi- enced the excitement of a Great Lakes charter fishing Htrip? Enjoyed a Lake Michigan sunrise or a sunset on a Door County beach? Nearly all of us in Wisconsin live within a short distance of a world- class water resource. To the west flows the mighty Mississippi River. To the east Wisconsin is bordered by Lake Michigan. To the north lie the vast wa- ters of Lake Superior. Aside from their stunning beauty, these two Great Lakes are critical to our health and welfare. “The Great Lakes define this re- gion and their waters sustain our recreation, our way of life and our U.S. EPA economy,” says Wisconsin Gov. Jim ROBERT QUEEN Doyle. “From the majestic shores of Lake Superior wetlands provide great places to canoe and bird watch. Lake Michigan hosts an active charter fishing trip business. Lake Michigan to the brutal and beau- tiful waters of Lake Superior, the Great Lakes are not just part of our hangs on careful management. brings the message home and ad- heritage, but part of who we are.” “As Governor, I’ve taken aggres- dresses the Collaboration’s priority is- The five Great Lakes make up one- sive action to protect these resources,” sues in Wisconsin.
    [Show full text]
  • Great Lakes Compact- How Did We Get Here? Great Lakes Compact- How Did We Get Here?
    Great Lakes Compact- How Did We Get Here? Legal context • Boundary Waters Treaty of 1909 -Attempt to prevent or resolve United StateslCanada water disputes over boundary levels and flows -Created International Joint Commission • Great Lakes Charter of 1985 -Voluntary, primarily non-substantive collective management agreement among Great Lakes states and Canadian provinces • Water Resources Devetopment Act of 1986 -Federal statute subjecting approval by Great Lakes standard • Great Lakes Charter Annex of 2001 -"Agreement to agree" contair binding agreement with decision-making standard Great Lakes Compact- How Did We Get Here? Great Lakes Compact- How Did We Get Here? Late 1970s - proposal to construct coal slurry pipeline from Wyoming's Powder River Basin to Duluth using Lake Superlor water to suspend |he coal Early 1980s - U.S, Army studies the feasibility of using Great Lakes Water to replenish the O, Great Lakes Compact- How Did We Get Here? 1998 - "Nova Group" proposal to ship Lake Superior water to private customers in Asia approved by Ontario Great Lakes Agreement Great Lakes Compact Great Lakes-St, Lawrence River Basin Great Lakes-St, Lawrence River Basin Water Sustainable Water Resources Agreement Resources Compact • Good-faith, nonbinding policy agreement between . Binding and legally enforceable agreement the American member states (lllinols, Indiana, administered primarily under the regulatory Michigan, Minnesota, New York, Ohio, authority of individual Great Lakes states, Pennsylvania, Wisconsin) and Canadian member consented to by Congress provinces (Ontario, Quebec) • Embodies same principles as Agreement with * Governed by Great Lakes-St. Lawrence River Canadian provinces Basin Water Resources Regional Body • Became effective after final consent from U.S.
    [Show full text]
  • Great Lakes Compact
    Great Lakes Compact Great Lakes - St. Lawrence River Basin Sustainable Water Resources Agreement Great Lakes - St. Lawrence River Basin Water Resources Compact Summary: > The Great Lakes Agreement and Compact seek to manage the Great Lakes watershed through a collaboration with all the states and provinces in the watershed. > Each state and province must pass a law to enact the Agreement or Compact, and that law will control diversions of water from the Great Lakes watershed. > The Sustainable Water Resources Agreement is an agreement among the Great Lakes States, Ontario and Québec. In Ontario it has been enacted into law through the Safeguarding and Sustaining Ontario’s Water Act of 2007 and legislation has been approved by the National Assembly in Québec. The states are in the process of implementing the Agreement through the Water Resources Compact. Created the Great Lakes - St. Lawrence River Water Resources Regional Body that includes the Great Lakes Governors and the Premiers of Ontario and Québec. > The Water Resources Compact is an agreement among the Great Lakes States that is passed into law through an interstate compact. The Compact has been enacted into law in all 8 Great Lakes states. Created the Council of Great Lakes Governors composed of Governors from each Great Lakes State or their designees. History of Interstate and International Cooperation: Boundary Waters Treaty - 1909: Purpose - to prevent disputes regarding the use of boundary waters and to ensure the equitable sharing of boundary waters between Canada and the US. Treaty created the International Joint Commission (IJC) to decide issues of water diversion in the Great Lakes, and placed Canada and the US at the forefront of international efforts to protect and manage natural resources.
    [Show full text]
  • 2019 State of the Great Lakes Report Michigan
    MICHIGAN State of the Great Lakes 2019 REPORT 2019 STATE OF THE GREAT LAKES REPORT Page 1 Contents Governor Whitmer’s Message: Collaboration is Key ............................................................... 3 EGLE Director Clark’s Message: New Advocates for the Great Lakes Community ................. 4 New Standards Ensure Safe Drinking Water in the 21st Century ............................................ 5 Public Trust Doctrine and Water Withdrawals Aim to Protect the Great Lakes ........................ 8 High Water Levels Put State on Alert to Help Property Owners and Municipalities .................11 Asian Carp Threat from Chicago Area Looms Over Health of Lakes and Aquatic Life ............ 13 EGLE Collaborates on Research into Harmful Algal Blooms and Response Measures .......... 15 Initiatives Foster Stewardship, Raise Water Literacy for All Ages.......................................... 18 Michigan Communities Empowered to Take Action for Great Lakes Protection ...................... 22 EGLE Strengthens Michigan’s Sister State Relationship With Japan’s Shiga Prefecture ....... 24 Soo Locks Project Finally Underway with 2027 Target Date for Opening............................... 25 Great Lakes Cruises Make Bigger Waves in State’s Travel Industry ............................................. 26 MICHIGAN.GOV/EGLE | 800-662-9278 Prepared by the Michigan Department of Environment, Great Lakes, and Energy on behalf of the Office of the Governor (July 2020) 2019 STATE OF THE GREAT LAKES REPORT Page 2 Collaboration is Key hroughout the Great Lakes region, the health of our communities and the strength of our T economies depend on protecting our shared waters. The Great Lakes region encompasses 84 percent of the country’s fresh surface water, represents a thriving, $6 trillion regional economy supporting more than 51 million jobs, and supplies the drinking water for more than 48 million people.
    [Show full text]
  • An Overview of Water Law in Illinois
    AN OVERVIEW OF WATER LAW IN ILLINOIS CATHERINE JANASIE, RESEARCH COUNSEL II FEBRUARY 2020 NSGLC-20-04-02 Introduction The law regulating the diversion and use of freshwater in Illinois is complex. This complexity is due to a mix of court-created common law with statutory and regulatory law for both surface and groundwater in the state. Most surface water diversions in the state are regulated by the common law reasonable use doctrine. However, diversions from Lake Michigan are regulated by Supreme Court of the United States decrees, the Illinois Level of Lake Michigan Act, and the Great Lakes Compact. Similarly, the Illinois Water Use Act subjects all groundwater diversions in the state to a reasonable use rule. However, courts and commentators have interpreted the statute to mean that the surface water doctrine of reasonable use applies to groundwater in the state, and not the common law groundwater reasonable use doctrine. This is significant, as there are important differences between the reasonable use doctrines for surface water and groundwater. Further complicating things is the fact that the Illinois Supreme Court has yet to rule on this point. Finally, some geographic areas of Illinois are exempt from certain portions of the Water Use Act. Each of these nuances is discussed below. Surface Water States in the Eastern United States follow the riparian doctrine for surface water. Riparians are those who own property along waterways, which gives them certain rights, including the right to use water. This use right allows riparians to use the water abutting their property as long as the use is reasonable and does not affect other riparians.
    [Show full text]