Progress Illinois

After four long years of negotiations, the federal Great Lakes Basin Compact -- a plan to protect the world’s largest supply of freshwater from being diverted across the country -- goes into effect today.

It seemed touch and go at times, but all eight states that make up the Great Lakes Region eventually signed on to the federal legislation. Members of Congress then gave their final stamp of approval this fall and President Bush signed it into law in early October. In a guest column for the Grand Rapids Press today, Michigan state Sen. Patty Birkholz (R-Saugatuck) explains the bill’s significance:

The compact provides the greatest certainty that our waters will be safeguarded. It specifically references the protection of private and public water rights and clearly states that it will not alter these rights. It also clarifies that water withdrawals originating within a state are to be regulated solely under state law without intervention from the Great Lakes Council, other states or the federal government. Ultimately, the compact will preserve the Great Lakes and all that they represent for our agriculture and tourism economies and our environment.

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A decade-long effort to prevent the world's largest supply of fresh water from being diverted from the region won a hard-fought victory when the Great Lakes Basin Compact was signed into law in early October. But some environmentalists are concerned that the protective measures don't go far enough and they're launching a new campaign to see the Compact strengthened.

Led by Michigan Citizens for Water Conservation (and the group's outspoken attorney Jim Olson), a coalition of environmental groups wants Congress to amend the legislation so that Great Lakes water is classified as a public resource, rather than a private commodity. Doing so would send a clear message to the bottled water industry: Don't even think about it.

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When United Nations officials cast the dire warning that freshwater shortage would effect two-thirds of the world's population by 2025, people in the Great Lakes Region began looking over their shoulders. The idea that powerful forces could set their sights on tapping into the world's largest freshwater supply was, simply put, frightening.

Four years ago, politicians, scientists, and business leaders from the eight-state region decided it was time to put their heads together and come up with a plan for protecting the Great Lakes from diversions beyond the region.

What they came up with is the Great Lakes Compact, which cleared it's final legislative hurdle today after approval by all eight statehouses. Now that the U.S. House has signed off on the measure -- which sailed through the Senate in August -- it'll make its way to President Bush, who has signaled he'll sign it into law.

Until the end, Rep. Bart Stupak (D-MI) joined some environmentalists in opposing the agreement, which he sees as too weak to thwart off future legal challenges aimed at draining the lake.

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Yesterday, the House Judiciary Committee approved the Great Lakes Compact, an eight state agreement designed to protect water from the lakes from being diverted outside the region. Lawmakers have been trying to fast-track approval of the compact, which has bipartisan support, including from President Bush. There had been some concern that legislators from drought-prone regions of the country would find fault with the conservation agreement, but so far that does not appear to be the case:

House and Senate leaders from the region have said they are not aware of any significant opposition to the plan, which is common among states. Forty-five states and the District of Columbia currently belong to at least one interstate water compact, and many states belong to more than one.

The question that remains is just how effective the compact will be. With confidence high over its prospects, some environmentalists and lawmakers are questioning whether it will do enough to prohibit the "commercialization" of Great Lakes water:

Democratic Rep. Bart Stupak [D-MI] has spoken out with concerns that the compact's failure to regulate the export of water in containers smaller than 5.7 gallons is a loophole that could open up vast tracts of Michigan water to commercialization.

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Over the last few months, we've watched state after state join the Great Lakes Compact, a regional agreement aimed at protecting the waters from outside exploitation. Michigan Gov. Jennifer Granholm signed off on legislation approving the compact yesterday. Pennsylvania, the last holdout, passed the compact last Thursday and Gov. Ed Rendell has promised to sign it into law.

Now that all the Great Lakes states are on board, Congress must ratify the agreement. A report Tuesday from National Public Radio highlighted how important it is that federal lawmakers act soon:

"The chances of the compact passing in Congress are better the sooner it gets there," according to Noah Hall, executive director of the Great Lakes Environmental Law Center and a professor of water law at the University of Michigan and Wayne State University. He says that while Congress usually defers to the states most affected by water compacts, this compact is unique because it governs so much of the nation's fresh water supply.

"As we're seeing droughts and water shortages in other parts of the country, I think that there's a legitimate concern that Congress might be reluctant to lock up the Great Lakes and prevent diversions to other parts of the country," Hall says.

He and other Great Lakes advocates want to get the compact through Congress before 2010. That's when a new census will be taken, which will likely result in the Great Lakes states losing anywhere from a few to a dozen seats in Congress, seats that will likely shift to states in the growing — and parched — South and West.

It's no surprise that the growing Southwest looks to the Great Lakes with thirsty eyes. Last year, New Mexico Gov. Bill Richardson famously proposed importing water from this region into the Sun Belt. One of the problems with that plan is that the Great Lakes themselves are already shrinking. The compact would allow the export of water from the region, but such diversions would require approval from all the Great Lakes governments.

On Friday, Ohio became the latest state to approve the Great Lakes Compact, joining Illinois, Wisconsin, Indiana, Minnesota, and New York. This leaves only two of the eight Great Lakes states -- Michigan and Pennsylvania -- that are yet to sign the agreement, which would ensure that the water from the lakes remains in the region. Michigan's bill just passed the state legislature and is currently awaiting Gov. Jennifer Granholm's signature. Pennsylvania's House has signed off on a measure joining the interstate compact, but it is yet to be taken up by the Senate.

With the compact so close to reaching ratification in all eight states, its supporters are now turning their sights on the final step: approval by Congress and President Bush. The AP reports:

[B]ackers have been conducting briefings for congressional staffers from the Great Lakes states in hopes of gaining quick approval.

But crucial questions remain unanswered, such as who will be the primary House and Senate sponsors, which committees will consider the compact and whether it will be structured as a bill, a resolution or an amendment to other legislation. Also unclear is when the pact would be introduced and whether it can get through Congress before the next president takes office.

"This has moved so much quicker than any of us thought," said Cameron Davis, president of the Chicago-based Great Lakes Alliance. "We're putting finishing touches on some of these strategic points but don't have our final thoughts quite ready yet."

With an accord reached Tuesday between Democratic and Republican state lawmakers, Ohio will become the sixth state to ratify the Great Lakes Compact:

Ohio had been a major obstacle to the pact because of a disagreement over whether the plan would inadvertently violate property rights for groundwater on privately owned land. House Speaker Jon Husted, a Republican, and Democratic Minority Leader Joyce Beatty, reached a deal Monday to affirm private property rights and set the stage for Tuesday's vote.

The Great Lakes hold about 90 percent of our nation's fresh surface water and 20 percent of the world's fresh surface water. As water resources become more scarce, the compact is viewed by supporters as a means of protecting the environment, and as a way for people in the region to protect their water rights. But some environmentalists say that the compact itself gives states too many options to continue the wholesale privatization of surface water.

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Today the Healing Our Waters coalition released a report on the threat posed to the Great Lakes by global warming. According to the press release, the report "synthesizes current climate change science and presents the likely impacts warming temperatures will have on the lakes, including lower lake levels, more sewage overflows, and increased pressure to divert Great Lakes water."

The AP provides more detail:

Evaporation rates are likely to rise, causing already-low water levels to fall 1 foot on Lake Superior, 3 feet on Lakes Michigan and Huron, 2.7 feet on Lake Erie and 1.7 feet on Lake Ontario over the next century, the report says.

Such changes likely would make the Great Lakes more hospitable to invaders that steal food and shelter from native species, it says. Coastal wetlands that filter pollutants and provide fish spawning grounds would shrink. Exposed toxic sediments would endanger people and wildlife.

If predictions of more frequent and severe storms prove accurate, it could mean more sewage overflows that lead to beach closings, the report says. Meanwhile, arid regions could get even less rainfall, making the Great Lakes a more tempting target.

The coalition is seeking federal funding for its $20 billion Great Lakes restoration plan.

In related news, Wisconsin Gov. Jim Doyle signed into law a bill approving the Great Lakes Compact yesterday. This leaves three state governments -- Michigan, Pennsylvania, and Ohio -- that are yet to approve the agreement.

Chicago Mayor Richard Daley greeted the news by ... ridiculing Wisconsin for taking so long. Doyle's spokesman responded: "Maybe Mayor Daley is a little off because he just had so many constituents escape Chicago for a beautiful weekend in Wisconsin."

This week, the U.S. House is considering the reauthorization of the Great Lakes Legacy Act, a federal program that targets 31 pollution sites on the Great Lakes for cleanup. The project has already had an impact, having removed about 800,000 cubic yards of contaminated sediment since its inception. The Subcommittee on Water Resources and the Environment heard testimony yesterday from environmentalists about the progress of cleanup efforts, and pleas from representatives of Great Lakes states for more funding. In fact, the program has never been given the full $150 million in annual funding that Congress initially approved:

At the current pace, figures provided at the hearing suggested, cleanup of the entire 31 toxic areas wouldn't be completed for another 35 years. But if Legacy Act appropriations were to reach $150 million annually, combined with the Superfund money, the job might be completed in seven years.

While federal dollars are increasingly tight, one subcommittee member, Rep. John Hall, D-N.Y., noted that Congress is appropriating $12 billion a month for the U.S. military engagement in Iraq.

As the fate of the project is decided in Washington, others closer to home are taking a look at new challenges facing the Great Lakes.

(Click "Read More" to continue ...)

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There were new developments today in two stories we've been following here at Progress Illinois.

Expansion of BP Refinery

A petition from two environmental groups -- the Calumet Project and the Global Community Monitor -- has been sent to the Indiana Office of Environmental Adjudication asking that judges halt the expansion of BP's oil refinery in Whiting, Indiana. The Times (of Munster, IN) reports that the petition highlights the potential impact of the increased pollution on the health of nearby low-income and minority neighborhoods:

The complaint alleges the Indiana Department of Environmental Management did not allow the public ample time to review the permit and states that the permit fails to protect nearby poor and minority residents. The petition claims the permit "illegally limited the public participation" by reducing the comment period by 12 days.

Because of a filing issue, the courts are yet to review the petition. However, if the environmentalists' request for a stay of construction is granted, BP will have to temporarily halt the $3.8 billion project. The company began expanding the plant on May 1, the same day the Indiana Department of Environmental Management approved the project. As we reported earlier, Hoosiers aren't the only ones with reservations about the refinery. Illinois lawmakers also requested public hearings about the expansion before it began.

Great Lakes Compact

Lawmakers in Michigan are hoping to vote on the ratification of the Great Lakes Compact sometime in the next couple of weeks, though there are still major negotiations taking place between Democrats and Republicans about the bill's language. The compact is an agreement between the eight Great Lakes states (as well as Ontario and Quebec) designed to keep the water of the great lakes from being siphoned out of the region. After an intense back-and-forth, the compact was ratified by Wisconsin in April. If it passes in Michigan, two states will remain that have not ratified the agreement -- Ohio and Pennsylvania.