Great Lakes-St. Lawrence River Basin Water Resources Compact: A cooperative state approach to water management

The Great Lakes-St. Lawrence River Bain Water Resources Compact (“Compact”) became effective on December 8, 2008. The Compact, a federally approved agreement between the Great Lakes States of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, and Wisconsin and the Commonwealth of Pennsylvania, establishes a legal framework for water management in the Great Lakes Basin.

The Great Lakes, Superior, Michigan, Huron, Erie, Ontario, and its watershed make up the world's largest surface fresh water system. The Great Lakes States entered into a regional interstate compact to manage this precious natural resource. According to the Council on State Government, an interstate compact is the most powerful, durable, and adaptive legal tool for ensuring cooperative action among the states. Unlike federally imposed mandates that often dictate unfunded and rigid requirements, interstate compacts provide a state-developed structure for collaborative action. Article I, Section 10 of the United States Constitution provides in the part that “no state shall, without the consent of Congress, enter into any agreement or compact with another state.” This presentation will describe the Constitutional ratification requirements for the Compact, the legal authority of the Compact, the advantages of the Compact over prior Great Lakes water management agreements, federalism and state sovereignty issues raised by the use of an interstate compact. The presentation will examine the Compact's text for definitions, findings, purposes, standards, powers of the Great Lakes-St. Lawrence River Basin Water Council, and prohibition of new or increased diversions of water from the Great Lakes Basin and exceptions to the prohibition.