Great Lakes Charter

Great Lakes Charter. The Great Lakes Charter is a pivotal non-binding agreement established to foster regional cooperation on the management and protection of the water resources of the Great Lakes–St. Lawrence River basin. Signed in 1985 by the governors of the eight U.S. states bordering the lakes and the premiers of the Canadian provinces of Ontario and Quebec, the accord was a direct response to growing concerns over large-scale water diversions and environmental degradation. It established foundational principles for consultation, conservation, and collective decision-making, setting the stage for more robust legal frameworks that would follow in subsequent decades.

Background and history

The impetus for the agreement emerged during the late 1970s and early 1980s amid several high-profile proposals to divert Great Lakes water to arid regions, such as the United States Army Corps of Engineers' study on transferring water to the High Plains. These plans, alongside increasing awareness of pollution issues highlighted by events like the Cuyahoga River fire, galvanized political leaders around the Great Lakes region. Key figures, including Governor James Blanchard of Michigan and Premier William Davis of Ontario, championed a cooperative approach. The charter was formally signed on February 11, 1985, in Milwaukee, Wisconsin, marking a historic moment of cross-border collaboration preceding major binational agreements like the Great Lakes Water Quality Agreement.

Key provisions and principles

The charter outlined several core principles to guide the Great Lakes states and provinces. A central tenet was the requirement for prior notice and consultation among all parties for any proposed new or increased diversion or consumptive use of Great Lakes water exceeding five million gallons per day. It emphasized the concept of the Great Lakes basin as a shared resource requiring collective stewardship. Other key provisions included commitments to develop conservation programs, improve scientific understanding through joint research, and manage the waters based on an ecosystem approach. The agreement also recognized the importance of considering impacts on the St. Lawrence River and the need to protect the integrity of the entire hydrologic system.

Implementation and amendments

Implementation of the principles was initially coordinated through the Council of Great Lakes Governors and its regional body. However, the non-binding nature of the document soon revealed limitations, particularly after the controversial approval of a permit by the Government of Ontario for a water diversion to Brantford in 1998. This incident exposed gaps in the consultation process and spurred calls for a more enforceable regime. This led to the negotiation of the Great Lakes–St. Lawrence River Basin Sustainable Water Resources Agreement and the companion Great Lakes–St. Lawrence River Basin Water Resources Compact, which effectively superseded and codified the charter's intentions into binding law for the U.S. states and a formal agreement with Canada.

Impact and significance

The impact of the charter was profound, as it established the first comprehensive framework for regional water governance in North America. It successfully elevated the political profile of Great Lakes protection, fostering a durable culture of cooperation among jurisdictions like Ohio, Pennsylvania, and Quebec. The charter's principles directly influenced subsequent landmark policies, including the 2005 Great Lakes–St. Lawrence River Basin Sustainable Water Resources Agreement and the federal Great Lakes Restoration Initiative. It is widely credited with preventing major out-of-basin diversions and embedding the ecosystem and precautionary principles into the region's environmental policy DNA.

Related agreements and legal framework

The charter is a cornerstone within a broader network of binational and domestic laws governing the Great Lakes. It is intrinsically linked to the legally binding Great Lakes–St. Lawrence River Basin Water Resources Compact, ratified by the United States Congress in 2008. Internationally, it aligns with the objectives of the revised Great Lakes Water Quality Agreement administered by the International Joint Commission. Other related instruments include the Boundary Waters Treaty of 1909, which governs transboundary waters between the United States and Canada, and various state-provincial agreements like the Great Lakes Commission's ongoing work on regional coordination.