You have asked for our opinion about recent proposals by the Governors and Premiers of the Great Lakes Basin states and provinces concerning the use and diversion of the waters of the Basin. Of particular concern is the potential for these proposals to facilitate diversions of Great Lakes waters.

On July 19, 2004 the Council of Great Lakes Governors, along with the governments of Ontario and Quebec, published two draft agreements:

• The Great Lakes Basin Sustainable Water Resources Agreement (the Agreement), “a good-faith agreement among the 10 Great Lakes States and Provinces” regarding management of waters in the Basin; and
• The Great Lakes Basin Water Resources Compact (the Compact), which is an agreement among the eight Great Lakes States to engage in joint decision making with respect to the use and diversion of water from the Great Lakes.

Because the Agreement between the states and provinces is not binding, and would require approval by the federal government to be constitutional, it is less problematic than the Compact. Accordingly, the focus of this analysis is on the Compact and its potential to facilitate diversions of waters from the Great Lakes Basin.

Click here to download Great Lakes Basin Sustainable Water Resources Compact and the Diversion of Great Lakes Waters - A legal Opinion by Steven Shrybman in pdf format.