John NevinInternational Joint CommissionThe IJC, Boundary Waters Treaty and the Great Lakes Water Quality AgreementWednesday, January 23, 2013

Transboundary Basins

More than a century of cooperation protecting shared waters 2

Columbia RiverBasin

St. Mary ‐MilkRiver Basin

SourisRiver Basin

RedRiver Basin

Rainy RiverBasin

The Great Lakes and Waterways

Saint. CroixRiver Basin

Missisquoi BayLake Champlain

IJC from Coast to Coast

More than a century of cooperation protecting shared waters 3

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Boundary Waters Treaty Negotiated in 1909at a time of industrialization and urbanization of the Great Lakes and other boundary waters

Cleveland Ohio Water

Works Plant, July 4, 1903

The Hamilton Ontario Steel & Iron Company,

1900

Toronto, Ontario 1896

THE BOUNDARY WATERS TREATY (1909)

ORIGIN – border disputes over use of transboundary waters.PURPOSE – provides the

principles and mechanisms to help prevent and resolve disputes along the boundary The IJC was created by the Treaty

and remains a key part of the US-Canada relationship.

Sir George Gibbons

More than a century of cooperation, protecting shared waters.More than a century of cooperation, protecting shared waters.

Origins of the Boundary Waters Treaty

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Digging the St. Mary Canal

Montana, 1908

Schoellkopf Power Station

Niagara Falls NY, 1895

More than a century of cooperation protecting shared waters

Niagara Falls (What might have been?)

More than a century of cooperation protecting shared waters 7

Sir George Gibbons – 1916 Speech

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SOME KEY PRINCIPLES OF THE TREATY

Equal and similar rights to the use of boundary waters; Order of precedence of use –

sanitary/domestic, navigation, power generation/irrigation;

Structures/diversion not to affect levels and flows on the other side; and, Must not pollute water on either side to

the injury of health or property on the other side.

More than a century of cooperation, protecting shared waters.More than a century of cooperation, protecting shared waters.

Equality: Parity of Power

“The High Contracting Parties shall have, each on its own side of the boundary, equal and similar rights in the use of the waters hereinbefore defined as boundary waters.”

Article VIII, Boundary Waters Treaty of 1909

More than a century of cooperation, protecting shared waters.

THE COMMISSION’S STRUCTURE

Six Commissioners (three from Canada, three from the U.S.; two of whom are co-chairs)A creation of the treaty, but not a creature

of governments. The IJC an international organization which is a permanent, binational, objective, independent, unitary bodySectional offices in Ottawa and

Washington DCRegional office in Windsor, Ontario

More than a century of cooperation protecting shared waters

IJC – Principles of Operation

Independent – commissioners serve without instruction from governmentsComplete equality between two countriesDecisions made by consensusSound science - joint fact findingExperts serve in personal and

professional capacityExtensive stakeholder engagement Full public involvement

More than a century of cooperation protecting shared waters

IJC Operations – APPLICATIONS/ORDERS

Rules on applications for approval of projects affecting boundary and transboundary waters

May regulate the operations of projects, for example, water control structures at the outlets of lakes superior and ontario - both boundary waters

More than a century of cooperation protecting shared waters

Boundary Waters Treaty of 1909Order of Precedence

“The following order of precedence shall be observed … and no use shall be permitted which tends materially to conflict with or restrain any other use which is given preference over it in this order of precedence:

1. Uses for domestic and sanitary purposes;

2. Uses for navigation, including the service of canals for the purposes of navigation;

3. Uses for power and for irrigation purposes.”

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Regulatory Structures at Sault Ste. Marie

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Power Plants

Control Works

Regulation of Lake Ontario and the St. Lawrence River

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What is the IJC Mandate for References?

IJC looks into issues as asked to by the two National governments. IJC replies with an independent report and

make recommendations to the governments on these issues.An example is the current reference under the

Great Lakes Water Quality Agreement.One of the first references was regarding

pollution of boundary waters – report in 1918.

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IJC 1918 Water Quality Report

Improvements in death rates were due to the protection of water supplies through use of bleaching powder and liquid chlorine.

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What is the Great Lakes Water Quality Agreement?

The purpose of the Agreement is “to restore and maintain the chemical, physical and biological integrity of the waters of the Great Lakes basin ecosystem"

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President Richard Nixon and Prime Minister Pierre Trudeau signing the Great Lakes Water Quality Agreement, April 15, 1972

More than a century of cooperation protecting shared waters

The Cuyahoga River on fire in 1969.

Great Lakes Water Quality Agreement Timeline

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IJC 1996: “the battle against eutrophication has been substantially successful”

Baker, D. B. and Dolan, D. M. 2009. Lake Erie Phosphorus: Tributary Loading Data and Long-term trends. Western Lake Erie Basin Conference, Maumee Bay State Park. March 11, 2009.

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Lake Erie Phosphorus Loading

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Columbia RiverBasin

St. Mary ‐MilkRiver Basin

SourisRiver Basin

RedRiver Basin

Rainy RiverBasin

The Great Lakes and Waterways

Saint CroixRiver Basin

Missisquoi BayLake Champlain

Saint JohnRiver Basin

June 13, 2009Secretary of State Clinton and Minister Cannon celebrate centennial of the Boundary Waters Treaty with the IJC.

More than a century of cooperation protecting shared watersMore than a century of cooperation protecting shared waters

Most Applications Were Approved

Figure 1: Status of Applications

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6 6

Approved No action/deferred Withdrawn /TechnicalConcerns

More than a century of cooperation protecting shared watersMore than a century of cooperation protecting shared waters

The Record – 1909 to 2006

Figure 2: Trends in Applications and References

8

1214

17

7

19

15

6

1

1909-1929 1930-1949 1950-1969 1970-1989 1990-2006

References (57) Applications (61)

s

More than a century of cooperation protecting shared watersMore than a century of cooperation protecting shared waters

Remarkable Level of Consensus

Figure 3: IJC Dockets 1909-2006

AgreementReached

No Agreement

More than a century of cooperation protecting shared watersMore than a century of cooperation protecting shared waters

For more than one hundred years, the International Joint Commission has worked with the governments of the U.S. and Canada to prevent potential disputes and to resolve amicably problems involving air and water quality and water quantity from coast to coast.

John NevinInternational Joint CommissionThe IJC, Boundary Waters Treaty and the Great Lakes Water Quality AgreementWednesday, January 23, 2013