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Re: Lake Superior Water Diversion Permit

Thanks for the update.  For your information, the Executive Committee of the
Great Lakes Commission has developed a policy position on this issue,
voicing concern over 1) the legal precedent the permit action has set; 2)
the apparent lack of consideration of the potential  cumulative impacts of
such a diversion, should such a scheme be determined to be commercially
viable; and 3) the complete lack of consultation with other Great Lakes
jurisdictions as the permit was being reviewed.  While the terms of the
Great Lakes Charter of 1985 were not violated (i.e., trigger level for prior
notoce and consultation provision), the Commission voiced a concern that the
spirit of the Charter (i.e., collegial approach to managing a shared
resource) may have been violated.  These concerns were incorporated into an
April 29 letter to each of the Great Lakes governors, and in a similar
letter of May 1 to every member of the Great Lakes Congressional Delegation.
Copies are available upon request, as well as a variety of newsclippings
collected from our clipping service and others.

-----Original Message-----
From: Allegra Cangelosi <acangelo@nemw.org>
To: GLIN-announce@great-lakes.net <GLIN-announce@great-lakes.net>
Cc: Sean.Peppard@mail.house.gov <Sean.Peppard@mail.house.gov>;
rochelle_sturtevant@glenn.senate.gov <rochelle_sturtevant@glenn.senate.gov>
Date: Wednesday, May 06, 1998 1:25 PM
Subject: Lake Superior Water Diversion Permit

> Great Lakes Contacts:
> Rochelle and I have been gathering information on the permit issued by
>Ontario to the NOVA group to ship 600 million liters of Lake Superior water
>per year to markets in Asia (as are many of you, I am sure).  We will
>provide periodic updates as information comes in, and would appreciate it
>if you could share any information you gather with us.  I received the
>following information from John Jackson, the President of Great Lakes
>"This issue has received amazing media attention all across Canada over the
>past week.  It also has been a major issue during question period in both
>the federal and provincial legislatures.
>On the legal front, the latest happenings are:
>1)  Federal:  Foreign Affairs Minister Lloyd Axworthy has said that they
>will be examining legislation to prevent/control water exports.  For
>example, they are looking at declaring water a controlled export that would
>require a permit under the federal Export and Import Permits Act.
>2)  Provincial:  Environment Minister Sterling sent a letter to Axworthy on
>May 4 expressing his concern about water exports and saying that this is a
>federal matter.  He also says in the letter that he wants the Great Lakes
>Charter reviewed concerning "the consultation provisions and the current
>trigger mechanisms."  Sterling and Axworthy are meeting today to discuss
>options to stop this water export.
>3)  Nova Group:  Nova announced yesterday that it will surrender its water
>taking permit if the federal government, Ontario, and the U.S. get together
>to put together a joint ban on Great Lakes water exports."
> We are trying to pull together a possible Great Lakes Task Force response
>to the issue.  If you have ideas for the most effective approach, please
>contact me at 202-544-5200, or Rochelle at 202-224-4229.
> Allegra Cangelosi