4. GREAT LAKES: Water deal clears states, heads to Congress (Land Letter, 07/10/2008)

Robin Bravender, Land Letter reporter

Proponents of a multistate pact that would prevent most water diversions out of the Great Lakes region are gearing up to take their proposal to Washington after the measure cleared all eight states bordering the lakes.

Michigan Gov. Jennifer Granholm (D) signed the bill yesterday approving the compact, making her state the last in the region to ratify the measure. The proposal must gain approval from Congress and the president before becoming law.

The Great Lakes compact would prevent most diversions of water out of the Great Lakes region and would require each state and Canadian province bordering the lakes to develop strategies for water conservation.

Each of the eight states in the Great Lakes basin was required to sign on before the compact could head to Congress. Illinois, Indiana, Minnesota, New York, Ohio, Pennsylvania and Wisconsin had already passed versions of the measure. Canadian provinces Ontario and Quebec -- which are prevented from entering into international treaties with the states -- have adopted similar legislation.

State legislators and environmental groups are hailing the multistate compact as a protective barrier that will keep thirsty states and water-guzzling industries outside the Great Lakes basin at bay as clean water resources become increasingly scant.

"There's an increasing recognition that the Great Lakes are one of the best assets that this country has," said David Naftzger, executive director of the Council of Great Lakes Governors. He said that by signing the compact, the regional governors were looking ahead to ensure that the lakes had strong protections in place for the future.

He said the overwhelming popularity of the measure was evidenced by its broad support in state legislatures. "More than 95 percent of state legislators voted to approve the compact," he said.

And he hopes the compact will clear Congress with similar ease.

Compact heads to Congress

More than 20 members of Congress have already voiced their support for the measure, Naftzger said, including presidential candidates John McCain and Barack Obama.

"There's no opposition that we know about," said Cameron Davis, president of Alliance for the Great Lakes.

Davis said the details of federal legislation are still being ironed out, including which congressional committees will have jurisdiction over the bill. Several lawmakers have shown interest in sponsoring the legislation, including Sens. George Voinovich (R-Ohio) and Carl Levin (D-Mich.), Davis said. "They have been great Great Lakes champions."

Naftzger said Rep. James Oberstar (D-Minn.) had expressed interest in sponsoring legislation in the House.

"The governors are eager to move forward as quickly as possible," Naftzger said. He hopes to see Congress take up the measure before the end of the year.

Enviros, industries spar over details

Although the measure cleared the state legislatures with little difficulty, it is not without opponents.

Some environmentalists argue that loopholes in the compact still threaten the basin's water supply, while some industry groups say that it does not go far enough to protect their interests. Both sides will likely lobby Congress on behalf of their cause and could have an impact on the final product.

James Olson, an environmental lawyer in Traverse City, Mich., said that loopholes in the compact "leave the future of water in a very uncertain unprotected state."

While the compact prohibits most large-scale water diversions, a provision in the compact allows for transferring products in small portions -- such as bottled water -- out of the region.

"That's a major hole," Olson said, "which leaves open the probability that water can be treated as a commodity."

But Patrick Donoho, vice president of government relations with the International Bottled Water Association, said his industry was being unfairly targeted by environmentalists.

"To presume that we've got a loophole is just sheer folly," Donoho said, adding that bottled water should be treated the same as other food products and not considered a diversion from the lakes.

Donoho noted that bottled water, like other industries, was concerned with some of the limitations the compact could impose.

"The purpose and the concern from an industry standpoint is that you don't want to lock the resource up, you want to use the resource as an engine for economic growth within the region," he said.

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