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Great Lakes Legal Tools -Charts, Charters and Compacts
June 17, 2010Canadian Water Summit
Adam Chamberlain
Partner
BORDEN LADNER GERVAIS LLP
(416) 367-6172
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Changing Uses and Challenges Charts Charters and Compacts Water Quality Agreement
Image sources include:
The Great lakes Water Wars, Peter Annin
HTO, Toronto’s Water, From Lake Iroquois to Lost Rivers to Low-flow Toilets, eds. Wayne Reeves & Christina Palasio
Lawyers • Patent and Trade-mark Agents
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Lawyers • Patent and Trade-mark Agents
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Lawyers • Patent and Trade-mark Agents
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Lawyers • Patent and Trade-mark Agents
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Lawyers • Patent and Trade-mark Agents
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Lawyers • Patent and Trade-mark Agents
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and Challenges
Lawyers • Patent and Trade-mark Agents
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Action by the 8 Great lakes Governors and 2 Premiers in the Early 1980’s leads to the Great Lakes Charter in 1985that dealt with:
Diversions out of basin, and Consumptive Uses within
Declared: the Great Lakes must be“shared and held in trust” by the Great Lakes states and Provinces
Not Binding Also, Annex to the Charter signed in 2001
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Again, in 2005 the 8 Great lakes Governors and 2 Premiers negotiate the “Annex Implementing Agreements” being two documents:
Great Lakes – St. Lawrence River Basin Sustainable Water Resources Agreement (an updated Charter), and
Great Lakes – St. Lawrence RiverBasin Water Resources Compact
Compact: included the 8 GL states and Congress and is to be binding
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The Great Lakes Water Quality Agreement (GLWQA) First signed in 1972 (revised 1978 and 1987) States commitment of both countries to restore and
maintain the chemical, physical and biological integrity of the Great Lakes basin ecosystem
In 2007 the two federal governments completed a comprehensive review of the Agreement
Conclusion? The agreement is outdated and unable to address current threats to Great Lakes water quality
June 13, 2009 Minister Cannon and Secretary of State Clinton announce amendment negotiations
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January 27, 2010 Negotiations formally commence
Binational Public Engagement Process – currently underway
Query: Are there lessons from the Charter / Compact experience that can be applied in the negotiations?
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Stay tuned
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Thank you!
Adam ChamberlainBorden Ladner Gervais LLP416-367-6172 [email protected]
