Revised Draft Annex

Implementing Agreements

July-August 2005

Office of the Great Lakes Department of Environmental Quality

2005 Revised Draft Agreements

A ban on diversions with limited exceptions.

Common decision-making standards for new or increased water use.

State decision making for in-basin water uses.

Water conservation commitment.

Recognition of existing rights and treaties

History behind the Revised Drafts

Great Lakes Charter

1985 Good-faith agreement between Great Lakes Governors and Premiers

Framework for protecting Great Lakes Basin waters

Establishment of water management principles

Section 1109 WRDA Section 1109(d) of WRDA (42

U.S.C.§1962D-20) - No water shall be diverted or exported from any portion of the Great Lakes within the United States, or from any tributary within the United States of any of the Great Lakes, for use outside the Great Lakes basin unless such diversion is approved by the Governor of each of the Great Lakes States

WRDA 2000 Amendment Congress declares its “purpose and

policy…to encourage the Great Lakes States, in consultation with the Provinces of Ontario and Quebec, to develop and implement a mechanism that provides a common conservation standard embodying the principles of water conservation and resource improvement for making decisions concerning the Withdrawal and use of water from the Great Lakes Basin;”

Great Lakes Charter Annex

June 18, 2001 Good-faith agreement between Governors and Premiers

The Annex would: Include Ontario and Quebec Include in-basin consumptive uses Include ground water

CGLG Water Management Working Group

Advisory Committee, Resource Group and Observers

Public participation

Annex Process

July 2004 Drafts

July 19, 2004 Draft Agreements Released 10,000 basin wide comments received 700+ Comments from MI

4 Meetings, 1 Hearing, Numerous Briefings

Post Public Comment 2004-5 Water Management Working Group

Advisory Group Convened Nov 2004 Working Group Meetings Nov-June

Tribal Input Jurisdictional Meetings 2003-2004 Basin-wide Meeting January 2005 MI discussions under MI Water Accord

2005 Revised Drafts ReleasedDrafts Released by

Governors/Premiers Not Consensus

Documents 60 Day Public

Comment Period Ends August 29

2005 Revised Drafts – Key Improvements A ban on diversions with limited exceptions. Common decision-making standards for new

or increased water use proposals. Decision making process for in-basin water

uses will take place at the State level Strengthened commitments to water

conservation. Recognition of existing rights and treaties.

Diversions

2004 Draft Allowed all

diversions that met standard

Communities that straddle basin divide considered in basin

2005 Draft Prohibits diversions

w/limited exceptions: Communities in straddling

counties could bring a proposal forward

Communities that straddle basin divide considered in basin

Intra Basin Diversions

Voting On Diversions

2004 Draft Projects under 1

MGD not subject to veto/vote

Projects over 1 MGD subject to vote and single state veto

2005 Draft All projects subject to

veto/vote Only proposals from

communities in straddling counties considered

Michigan Great Lake Watersheds

Intra Basin Diversions

2004 Draft All intrabasin

projects over 1MGD subject to unanimous vote/veto

Under 1MGD jurisdiction Improvement

required on all

2005 Draft Projects under 5 MGD, review

by jurisdiction only-notice to others

Intrabasin projects over 5 MGD consumptive use subject to unanimous vote/veto No improvement required

Intra Basin Diversions

2004 Draft Huron/Michigan

considered one hydrologic unit

Connecting Channels considered part of both Lakes

2005 Draft Huron/Michigan

considered one hydrologic unit

Connecting Channels considered part of both Lakes

Lake Erie Basin

Lake Superior Divide

In Basin Use Over 5 MGD (Consumptive Use)2004 Draft Projects over 5

MGD subject to regional review and compact vote-3 states could block

Improvement required

2005 Draft Projects over 5 MGD

subject to regional review, no compact vote. Jurisdiction

decision No improvement

required

In Basin Use Less than 5 MGD(Consumptive Use)2004 Draft Programs to manage

withdrawals >100,000GD required in 10 Years

2005 Draft Programs to manage

withdrawals >100,000GD required in 10 Years

Decision Making Standard2004 Draft Preventing/minimizing water loss

through return flow Environmentally

sound/economically feasible water conservation measures

No significant adverse individual or cumulative impacts to the quantity or quality of water/water dependent natural resources

Improvement to the waters/water dependent natural resources of the basin

Compliance with applicable state, provincial, federal and international laws and treaties

2005 Draft Preventing/minimizing water

loss through return flow Environmentally

sound/economically feasible water conservation measures

No significant adverse individual or cumulative impacts to the quantity or quality of water/water dependent natural resources

Compliance with applicable municipal, state, provincial, federal and international laws and treaties

Improvement not required

Conservation2004 Draft 2005 Draft

Conservation Plan for proposals that trigger Regional Review Conservation measures for other proposed withdrawals No reasonable alternative including conservation of existing water supplies Jurisdictional Programs subject to annual reporting, regional review

Proposals – conservation measures; conservation of existing water supplies Programs – strengthened commitments to conservation, restoration, ecosystem integrity; develop program within 5 years of agreements (best management practices, performance standards, monitoring, research etc.); subject to annual reporting, regional review

Improvement

2004 Draft Required for all

diversion proposals Required for all

consumptive use proposals > 5MGD

2005 Draft Not required as part

of any proposals Jurisdiction

conservation program will lead to overall improvement

Bottled Water

2004 Draft Water in containers

>20 L a diversion Water packaged in

basin in containers <20 L considered consumptive use

2005 Draft Water in containers

>20 L a diversion Water packaged in

basin in containers <20 considered consumptive use

Averaging Period

2004 Draft 120 Day Averaging

Period

2005 Draft 90 Day Averaging

Period

Next Steps Jurisdictional

Hearings/Meetings MI Meetings/Hearing

Sault St. Marie, Grand Haven, Port Huron, Detroit, Lansing

Review/Revise Drafts based on comments received (Sep-Oct)

Documents Signed by end of 2005

Comment Process

Comment period ends August 29 Written Comments:

Office of the Great Lakes P.O. Box 304736th Floor Constitution HallLansing, MI 48909-7973

E-mail: DEQ-ANNEX-2001@michigan.gov

Comment ProcessCouncil of Great Lakes Governors

Written comments should be sent to:David NaftzgerExecutive DirectorCouncil of Great Lakes Governors35 E. Wacker Drive, Suite 1850Chicago, Illinois 60601

Comments may also be submitted via e-mail to:

Annex2001@cglg.org

For More Information:Office of the Great Lakes

(517)-335-4056 www.michigan.gov/deqannex2001process