Note: This letter was sent to every member of the Great Lakes Congressional Delegation.

Commission urges Congress to oppose Dakota Water Resources Act

January 19, 2000

Dear ---:

On behalf of the eight member states of the Great Lakes Commission, I am writing to urge you to actively and aggressively oppose the Dakota Water Resources Act (H.R. 2918, S. 623) currently under consideration by the Congress. The Act, which revives a controversial and ill-advised inter-basin water diversion scheme, will result in environmental and economic losses, compromise transboundary relations with Canada, violate the U.S.-Canada Boundary Waters Treaty of 1909, and establish a dangerous water diversion precedent that could have adverse implications for the Great Lakes states and provinces. Minnesota, one of our member states, is already on record in opposition to the legislation. Our seven other states are now on record in opposition as well, given such precedent.

The proposed Dakota Water Resources Act re-authorizes and amends the 1986 Garrison Diversion Reformulation Act. In so doing, it allows for the transfer of water from the Missouri/Mississippi basin across North Dakota and into the Hudson Bay basin in Canada. Such a transfer threatens to introduce aquatic nuisance species and chemical contaminants into the latter, suggesting a violation of the Boundary Waters Treaty of 1909. It also eliminates provisions protecting Canada’s interests (such as requirements for consultation), and weakens the U.S. federal oversight role by transferring authorities to North Dakota officials.

Why should you be concerned as a member of the Great Lakes Congressional Delegation? I offer three reasons for your consideration:

• The Dakota Water Resources Act sets a dangerous precedent for inter-basin water transfer and could open the door for unwanted diversion/export in the Great Lakes Basin. Passage of the Act could therefore compromise progress now being made to establish a strengthened Great Lakes water management system via state, provincial and U.S./Canada federal cooperation.
  
  
• Passage of the Act would compromise U.S./Canada transboundary relations by ignoring Canadian federal and provincial opposition and eliminating direct consultation on the Garrison project.
  
  
• The Act would violate the U.S.-Canada Boundary Waters Treaty of 1909 and ignore the long established opposition of the International Joint Commission to the proposed project. This treaty, and this institution, have critically important roles in protecting water quality and quantity along the U.S.-Canada border. If these roles are ignored with regard to the Garrison project, I believe the stature of the Treaty and the IJC could be weakened with regard to any future projects in the binational Great Lakes-St. Lawrence River Basin.

I understand that S. 623 has been placed on the Senate’s unanimous consent calendar, although Senator Wellstone of Minnesota and others have placed a hold on it. I also understand that H.R. 2918, the companion bill, is currently under consideration by the Water and Power Subcommittee of the House Resources Committee.

The eight member states of the Great Lakes Commission join the federal government of Canada, and the Province of Manitoba, in opposing the Dakota Water Resources Act. I urge you to work with your colleagues to oppose this ill-advised legislation with dangerous implications for the Great Lakes states and provinces. Should you have any questions, I invite you to contact Dr. Michael J. Donahue, Executive Director of the Great Lakes Commission at 734-665-9135.

Sincerely,
Irene Brooks
Chair

The Great Lakes Commission is a nonpartisan, binational compact agency created by state and U.S. federal law and dedicated to promoting a strong economy, healthy environment and high quality of life for the Great Lakes-St. Lawrence region and its residents. The Commission consists of state legislators, agency officials and governors’ appointees from its eight member states. Associate membership for Ontario and Québec was established through the signing of a “Declaration of Partnership.” The Commission maintains a formal Observer program involving U.S. and Canadian federal agencies, tribal authorities, binational agencies and other regional interests. The Commission offices are located in Ann Arbor, Michigan.