1. Protecting the Great Lakes: Next Steps Great Lakes-St. Lawrence River Basin Water Resources Compact State Implementation Great Lakes Water Conference The University of Toledo College of Law Toledo, OH November 14, 2008 Presented by: Sara R. Gosman National Wildlife Federation Ann Arbor, Michigan

3. Compact Ratification • Signed by the Governors • Ratified by Minnesota & Illinois • Ratified by Indiana, New York, Wisconsin, Ohio, Pennsylvania, and Michigan Approved by U.S. Congress, signed by President Bush Effective Date: December 8, 2008

4. Significant Compact Elements • In-Basin Management • Diversion Prohibition with Limited Exceptions • Exemptions • Conservation & Efficiency Program • Science & Information • Public Participation & Enforcement

5. Compact Requirements Immediately, states must: • Review proposed exceptions for diversions • Create Council of Governors and begin organization Within one year, states must: • Submit report on programs and list of baseline volumes Within two years, states must: • Develop conservation and efficiency goals, implement a program, and promote conservation measures

6. Compact Requirements Within five years, states must: • Develop a water management program for new or increased in-Basin withdrawals and consumptive uses • Give states and provinces notice of consumptive use proposals of 5 mgd or greater • Maintain a water resources inventory • Create a registration program for persons who withdraw 100,000 gpd or more, or divert water of any amount • Collectively conduct an assessment of cumulative impacts of water uses

7. Types of Implementation Ratification Only • Minnesota, Illinois Expert Recommendations • New York, Ohio Skeletal Program • Indiana, Pennsylvania Comprehensive Program • Wisconsin, Michigan

8. Indiana Programs Water Management • Permit required for withdrawals of 5 mgd from Lake Michigan surface water; 100,000 gpd from specified salmonid streams; 1 mgd from other sources • Compact decisionmaking standard Conservation & Efficiency • Voluntary program, to be implemented by rule • Legislature must authorize any mandatory program

9. Pennsylvania Programs Water Management • Regulatory threshold is 100,000 gpd withdrawal; 5 mgd consumptive use Conservation & Efficiency • Voluntary program utilizing a water resources technical assistance center established in 2002 • Legislature must authorize any mandatory program

10. Wisconsin Programs Water Management • General permit for 100,000 gpd to 1 mgd • Individual permit using state standard for 1 mgd or more with consumptive use of less than 5 mgd • Individual permit using Compact standard for more than 10 mgd with consumptive use of 5 mgd or more • Water supply planning process Conservation & Efficiency • Voluntary statewide program • Mandatory and voluntary measures for Basin waters that are necessary to implement regulatory scheme

11. Common Provisions • Baseline volume for existing uses • Registration program • Scope of resources protected from impact under decisionmaking standard • Legislative authorization for change to decisionmaking standard • Private property rights/public trust • Bottled water treatment

12. Next Steps? Indiana • Stakeholder process expected to begin in January New York • Recommendations from Department of Environmental Conservation due January 1, 2009 • Report from Great Lakes Basin Advisory Council due August 4, 2009 Wisconsin • Department of Natural Resources will issue approval letters to existing users so they obtain permits • Rules expected to be rolled out over next 2 years