Water Resources Development Act of 1986
Contact: Jim Bredin 517-335-4232
Agency: Environmental Quality
As amended September, 2000
1962d-20. Prohibition on Great Lakes Diversions
(a) The Congress finds and declares that -
- The Great Lakes are the most important natural resource to the eight great
Lakes States and two Canadian provinces, providing water supply for domestic and
industrial use, clean energy through hydropower production, an efficient
transportation mode for moving products into and out of the great Lakes region,
and recreational uses for millions of United States and Canadian citizens;
- the Great Lakes need to be carefully managed and protected to meet current
and needs within the Great Lakes basin and Canadian provinces;
- any new diversions of Great lakes water for use outside of the Great Lakes
basin will have significant economic and environmental impacts, adversely
affecting the use of this resource by the Great Lakes states and Canadian
provinces; and
- four of the Great Lakes are international waters and are defined as boundary
waters in the Boundary Water Treaty of 1909 between the United States and
Canada, and as such any new diversion of Great Lakes water in the united States
would affect the relations of the Government of the United States with the
Government of Canada.
(b) It is therefore declared to be the purpose and policy of the Congress in
this action -
- to take immediate action to protect the limited quantity of water available
from the Great Lakes system for use by the Great Lakes States and in accordance
with the Boundary Waters Treaty of 1909;
- 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;
- to prohibit any diversion of Great Lakes water by any State, Federal agency,
or private entity for use outside the Great Lakes basin unless such diversion is
approved by the Governor of each of the Great Lakes States; and
- to prohibit any Federal agency from undertaking any studies that would
involve the transfer of Great Lakes water for any purpose for use outside the
Great Lakes basin.
(c) As used in this section, the term "Great Lakes State" means each of the
States of Illinois, Indiana, Michigan, Minnesota, Ohio, Pennsylvania, New York,
and Wisconsin.
(d) No water shall be diverted or exported from any portion of the Great
Lakes within the United States, from any tributary within the United States of
any of the Great Lakes, for use outside the Great Lake basin unless such
diversion or export is approved by the Governor of each of the Great Lakes
States.
(e) No Federal agency may undertake an study, or expend any Federal funds to
contract for any study, of the feasibility of diverting water 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 study or expenditure is approved by the Governors of each of the
Great Lakes States. The prohibition of the preceding sentence shall not apply to
any study or data collection effort performed by the Corps of Engineers or other
Federal agency under the direction of the International Joint Commission in
accordance with the Boundary Waters treaty of 1909.
(f) This section shall not apply to any diversion of water from any of the
Great Lakes which is authorized on the date of the enactment of this Act.
(Nov. 17, 1986, P.L. 99-662, Title XI, 1109, 100 Stat. 4230.)