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3.2 Adam Chamberlain

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  • 1. Great Lakes Legal Tools - Charts, Charters and Compacts June 17, 2010 Canadian Water Summit Adam Chamberlain Partner BORDEN LADNER GERVAIS LLP (416) 367-6172 [email_address]
  • 2. Presentation Overview
      • Changing Uses and Challenges
      • Charts
      • Charters and Compacts
      • Water Quality Agreement
    • Image sources include:
    • The Great lakes Water Wars, Peter Annin
    • HTO, Toronto’s Water, From Lake Iroquois to Lost Rivers to Low-flow Toilets, eds. Wayne Reeves & Christina Palasio
  • 3. Changing Uses and Challenges
  • 4. Changing Uses and Challenges
  • 5. Changing Uses and Challenges
  • 6. Changing Uses and Challenges
  • 7. Changing Uses and Challenges
  • 8. Changing Uses and Challenges
  • 9. Charts
  • 10. Charters and Compacts
    • Action by the 8 Great lakes
    • Governors and 2 Premiers in
    • the Early 1980’s leads to the
    • Great Lakes Charter in 1985
    • that dealt with:
      • Diversions out of basin, and
      • Consumptive Uses within
    • Declared: the Great Lakes must be
    • “ shared and held in trust” by the
    • Great Lakes states and Provinces
    • Not Binding Also, Annex to the Charter signed in 2001
  • 11. Charters and Compacts
    • Again, in 2005 the 8 Great lakes
    • Governors and 2 Premiers negotiate
    • the “Annex Implementing
    • Agreements” being two documents:
    • Great Lakes – St. Lawrence River
    • Basin Sustainable Water Resources
    • Agreement (an updated Charter), and
    • Great Lakes – St. Lawrence River
    • Basin Water Resources Compact
    • Compact: included the 8 GL states and Congress and is to be binding
  • 12. Water Quality Agreement
    • The Great Lakes Water Quality Agreement (GLWQA)
      • First signed in 1972 (revised 1978 and 1987)
      • States commitment of both countries to restore and maintain the chemical, physical and biological integrity of the Great Lakes basin ecosystem
    • In 2007 the two federal governments completed a comprehensive review of the Agreement
      • Conclusion? The agreement is outdated and unable to address current threats to Great Lakes water quality
    • June 13, 2009 Minister Cannon and Secretary of State Clinton announce amendment negotiations
  • 13. Water Quality Agreement
    • January 27, 2010 Negotiations formally commence
    • Binational Public Engagement Process – currently underway
    • Query: Are there lessons from the Charter / Compact experience that can be applied in the negotiations?
  • 14. Conclusions
    • Stay tuned
  • 15.
    • Thank you!
    • Adam Chamberlain
    • Borden Ladner Gervais LLP
    • 416-367-6172
    • [email_address]