New York joins in binational effort to protect Great Lakes

Story by Terry Duffy
Lewiston Porter Sentinel, April 21, 2007

New York state has begun the process of taking proactive steps to protect the Great Lakes waterways along its borders, with legislative measures introduced jointly in recent days by state Sen. George Maziarz, R-Newfane, and Assemblyman Robert Sweeney, D-Linderhurst, in Albany.

The bills, once passed in both houses of the state Legislature and signed into law by Gov. Eliot Spitzer, would officially bring New York on board in recognizing and endorsing a decades-old binational agreement between the U.S. and Canada. The measures have been introduced as Senate Bill 4324 and Assembly Bill 7266, otherwise known as the Great Lakes-St. Lawrence River Basin Water Resources Compact.

“This historic agreement is designed to ensure protection of the Great Lakes, now and in perpetuity,” said Sweeney, who serves as chair of the Assembly Committee on Environmental Conservation.

Originally ratified by the U.S. Congress and signed into law in 1968, it aims to protect the Great Lakes waterways and the interests of its bordering states and provinces. However, that measure, referred to as the Great Lakes Basin Compact, remains a “paper-only” referendum, as it has yet be formally ratified by all the eight adjoining U.S. states and two Canadian provinces that border the lakes.

The measure imposes a host of directives to protect Great Lakes waterways, according to the Web site of the Great Lakes Commission, a created agency representing United State and Canadian interests that was formed earlier to carry out the particulars of the yet-to-be finalized pact. Included would be enforceable mechanisms to preserve the integrity of both the Great Lakes and St. Lawrence River ecosystems, and consideration to the environmental and economic interests of the bordering areas. It was conceptualized years ago by the two nations with the intent of protecting the Great Lakes -- widely known as one of the world’s largest freshwater resources, and also one that has seen countless attempts by a number of domestic and foreign interests to harness its vast waters.

Problem is, the compact remains to this day basically a non-enforceable measure, as it needs legislative approval by the bordering U.S. states – New York, Pennsylvania, Ohio, Michigan, Illinois, Indiana, Wisconsin and Minnesota, plus the Canadian provinces of Ontario and Quebec. Once it is approved, the U.S. Congress will need to ratify the formal package yet again for it to take effect.

Governors of all eight Great Lakes states endorsed the measure in 2005, but the compact has only seen limited approval thus far in the various legislatures. Minnesota just recently passed it, and others are in the process or are intending to take action. The Canadian government has endorsed the measure, but Ontario and Quebec, their U.S. counterparts in the pact, have not.

With the Maziarz-Sweeney bills, New York becomes the latest to join in the effort.

“The Great Lakes are 20 percent of the world’s fresh water,” said Maziarz. “As ‘great’ as these waters are, they are extremely fragile. With water-hungry nations increasingly eyeing the Great Lakes for the own water needs, it is imperative that New York pass the compact to safeguard these resources … New York should be a leader in this effort.”

Noting that the Great Lakes basin comprises 40 percent of the state’s borders, Sweeney said eventual passage of the measure would ensure protection of the Great Lakes waters now and in perpetuity. “The Great Lakes are an important environmental resource and economic driver for the state. The compact is designed as proactive legislation to shelter and preserve the Great Lakes,” he added.

Thus far, support for both measures continues to build across the state. Buffalo area legislators who have come out in support for the measure thus far include Sen. Mary Lou Rath, R-C-I, Williamsville; Assemblywoman Francine DelMonte, D-Lewiston; and Assemblyman Dennis Gabryszak, D-Cheektowaga. Other support statewide has come from legislators whose districts dot the region along Lake Ontario from the Rochester area up to the St. Lawrence River region. All view the measure as vital in preserving and protecting Great Lakes waterways.

Once ratified, the compact will institute a host of new water management initiatives throughout the Great Lakes and St. Lawrence River ecosystems, including protections against out-of-basin water diversions – already a problem in Lake Superior – and the promotion of water conservation measures basin-wide. It includes all the Great Lakes -- Erie, Ontario, Huron, Michigan and Superior, and also Lake St. Clair and the St. Lawrence River, along with all natural or man-made water connections, be they rivers, ponds, lakes, streams, tributaries or other watercourses.

It empowers the aforementioned Great Lakes Commission to recommend actions with respect to:

•The stabilization of lake levels.

•Measures for combating pollution, beach erosion, floods and shore inundation.

•Uniformity in navigation regulations with the constitutional powers of the states.

•Proposed navigational aids and improvements.

•Uniformity or effective coordinating action in fishing laws, and regulations and cooperative action aimed at eradicating destructive and parasitical forces endangering the fisheries, wildlife and other resources of the respective states.

•Suitable hydroelectric power developments.

•Cooperative programs for controlling soil and bank erosion for the general improvement of the basin.

•Programs focusing on the diversion of waters from and into the basin.

“It’s important that we take the proper steps to ensure the future protection of the Great Lakes,” said Rath, who chairs the Senate Committee on Tourism, Recreation and Sports Development. “The Great Lakes Compact will not only keep the Great Lakes environmentally sound, but will also help to ensure that the vast recreational opportunities the Great Lakes offer to sporting enthusiasts are always available.”