While congressional support for the Great Lakes Compact has so far been overwhelming, U.S. Rep. Bart Stupak (D-Mich.) is asking for more information about the deal designed to restrict large-scale diversions from the Great Lakes Basin.
The Upper Peninsula lawmaker is worried about how the agreement, which has already been approved by the eight Great Lakes state legislators and the region’s governors, might further lead to the “commercialization” of the region’s water.
The compact breezed through the Senate and House Judiciary Committees this week, but Stupak wants the International Joint Commission and two federal agencies to take a closer look at the deal.
“I am seeking to clarify if international trade law and obligations will have any jurisdiction should we enact the compact into federal law,” Stupak wrote to the IJC, a binational commission that oversees U.S. and Canadian boundary water issues.
The compact is the product of years of negotiation and compromise. One of those compromises, between conservation groups and industry, is the provision that allows water to be exported outside the Great Lakes region, provided it leaves in containers no larger than 5.7 gallons. Water also is free to leave the region in larger containers as long as it is incorporated into other products, such as paint or beer.
These practices are already occurring, but Stupak and some conservation groups remain worried about how folding it into the compact could limit the government’s ability to restrict future exploitation of the region’s water.
“Ratifying the compact could allow Great Lakes water to no longer be held within the public trust and instead be defined as a product for commercial use,” Stupak wrote.
Conservationists who support the agreement note specific language in the deal preserves the public trust doctrine, and they are confident it is restrictive enough to prevent massive, potentially lake-lowering water exports through pipelines and canals.
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