The Devils Lake outlet in North Dakota is a unilateral U.S. action that has been condemned by Manitoba and environmentalists on both sides of the border.

The Devils Lake outlet is a 23-kilometer diversion designed to address chronic flooding by draining water into the Sheyenne River, which flows east into the Red River. The Red then carries the water north to Lake Winnipeg, the world’s 10th largest freshwater lake.

Manitoba maintains that Devils Lake contains organisms that are foreign and possibly harmful to Manitoba waters, which could negatively impact the province’s fishing and tourism industries. The 1909 International Boundary Waters Treaty prevents the flow of polluted water across the U.S.- Canada border.

In August 2005, after a protracted diplomatic dispute, the White House and Ottawa reached an agreement that included a commitment to install a permanent filter, estimated to cost $18 million US or more.

Despite public outcry, North Dakota opened the Devils Lake outlet on August 15, 2005. But the outlet operated for only 10 days, because sulphate levels forced North Dakota to shut off the taps.

The Devils Lake outlet was supposed to start flowing again on May 1, 2006, but high sulfate levels again prevented the flow of water. The North Dakota Health Department has set restrictions on the levels of sulfates permissible for water to flow from the outlet. Calling these measures too restrictive, the Water Commission held public hearings on June 27, 2006, where it proposed lower health restrictions for the water flowing out of Devils Lake.

Concerned citizens and environmental groups on both sides of the border, as well as the Premier of Manitoba Gary Doer, have maintained that the outlet should not open until an independent, comprehensive scientific study has been completed and a permanent on-site filter has been installed on the outlet to ensure invasive species and pollutants are not released.

Clearly, Canada and the U.S. need a workable solution for settling water fights. Up until recently, that solution was the International Joint Commission (IJC), the binational referee on shared water issues, made up of an equal number of representatives from both countries. But the power of the IJC has been eroded by unilateral U.S. action in cases like the Devils Lake diversion.

The Council of Canadians demands that all shared water issues be referred to the IJC. North Dakota, despite several calls from both the Government of Canada and the province of Manitoba refused to refer this matter to the IJC, striking a blow to the dispute resolution mechanisms in place, therefore preventing diplomatic solutions.

In the absence of a strong IJC where both nations share power, water disputes get resolved on a case-by-case basis. This presents a dangerous situation for Canada.

For more information:

Friends of the Earth Canada recently released a public opinion poll that demonstrates the how concerned citizens on both sides of the border are about water quality. The public can vote online and find out more at www.stopdevilslake.com and www.foecanada.org.

[05-Aug-05] Devils Lake diversion demonstrates need for national policy protecting Canadian water