An agreement has been reached among Great Lakes states to manage the nation's largest fresh surface water resource and protect it from depletion with a federal law that bans new water diversions from the Great Lakes Basin. Called the Great Lakes-St. Lawrence River Basin Water Resources Compact, it was approved by the Senate in August and by the U.S. House September 23, and next goes to President George Bush, who has said he will sign the agreement into law.

Among those praising passage of the measure are the National Wildlife Federation and Alliance for the Great Lakes, along with U.S. Senators Carl Levin and George Voinovich, co-chairs of the Senate Great Lakes Task Force, who authored the legislation.

U.S. Congressman Bart Stupak opposed its passage, calling for even stronger protection against the commercialization of Great Lakes water, and asked his colleagues in the U.S. House of Representatives September 22 to join him in opposing the compact until those concerns were addressed.

The compact stresses conservation and establishes first-of-its-kind decision-making standards for Great Lakes water use. It includes the following measures, as outlined by Senators Levin and Voinovich:

• A general ban on new diversions of water from the basin, but limited exceptions could be allowed in communities near the basin when rigorous standards are met;

• Communities that apply for an exception will have a clear, predictable decision-making process, standards to be met, and opportunities to appeal decisions. These processes and standards do not exist under current law;

• The states will use a consistent standard to review proposed uses of basin water. The states will have flexibility regarding their water management programs and how to apply this standard;

• Regional goals and objectives for water conservation and efficiency will be developed and they will be reviewed every five years. Each state will develop and implement a consistent water conservation and efficiency program that may be voluntary or mandatory; and

• Economic development will be fostered through sustainable use and responsible management of basin waters.

"Nature has given us so much in the Great Lakes. By passing the Great Lakes Water Compact, we are building on the protections of existing law to preserve this precious resource, ensuring sensible use now so that future generations can benefit from the Great Lakes as we do," Senator Levin said. "I'm glad the Senate and House both took such quick action on this bill, which enjoyed great bipartisan support."

The passage is "incredible news and is necessary to protect one of our nation's greatest natural resources," Senator Voinovich said. "The Great Lakes are so important for Ohioans - for our drinking water, shipping, tourism, and recreation. The Great Lakes Compact will now become law, keeping control of the lakes in the hands of the states that surround them and value them the most."

Mr. Stupak raised concerns over the compact's so-called bottled water loophole. He said the compact leaves these three specific questions unanswered:

• How does the compact's exemption of water in a container smaller than 5.7 gallons, better known as the bottled water loophole, affect the prohibition on diversions under the Federal Water Resources Development Act of 1986, as amended in 2000?

• Will creating a federal definition of Great Lakes water as a "product" subject it to international trade law obligations such as the North American Free Trade Agreement?

• Would actions taken by the Great Lakes states to restrict or prohibit efforts by international commercial entities, who seek to privatize the Great Lakes, ever be subject to claims under the General Agreement on Tariffs and Trade or the World Trade Organization?

"I continue to have concerns that the Great Lakes Compact is not strong enough to protect the Great Lakes against diversions through privatization, commercialization, and exportation," Mr. Stupak said September 22. "Because these concerns remain unaddressed, I regret that I have to urge my colleagues to join me in opposing the compact until proper protections are put in place."

On September 5, Mr. Stupak wrote to House Judiciary Committee Chairman John Conyers requesting specific language be added to the committee report to accompany the compact's ratifying legislation, clarifying the intent of the compact and providing additional protection against water diversions. The requested language was not included.

Mr. Stupak said he is troubled by the prospect of passing legislation that would treat Great Lakes water as a product that could then be subject to international trade laws.

"While the potential removal of millions of gallons of Great Lakes water in the form of bottled water is alarming, of much greater concern is a potential trade dispute between the U.S. and any multi-national corporation or foreign government interested in diverting our water," Mr. Stupak said.

The Great Lakes compact has been years in the making. After adoption by just two of the eight Great Lakes states in a two-year span, the compact sped through six state legislatures in six months. By mid-July, it had won support from all eight Great Lakes states - Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin.

Mr. Stupak reminded his colleagues that the Great Lakes governors spent more than three years addressing local and state implications before approving the compact, yet Congress has spent fewer than 20 legislative days considering the federal and international implications.

"I see no reason why we must rush this process when our nation's most precious natural resource is at stake," Mr. Stupak said. "The Great Lakes make up the largest body of freshwater in the world. We owe it to the people of Michigan and the entire Great Lakes Basin to take our time and ensure that the Great Lakes Compact preserves and restores the quality and quantity of Great Lakes water."

The Great Lakes contain more than 90% of the fresh surface water in the United States. Although seemingly abundant, less than 1% of the Great Lakes water is renewed each year, leaving the lakes vulnerable to depletion.

Work toward the compact began in 2000, when Congress passed legislation directing the governors of the Great Lakes states to negotiate a water management agreement. In 2005, the eight Great Lakes governors, in coordination with the Canadian Premiers of Ontario and Quebec, completed negotiations on the Great Lakes-St. Lawrence River Basin Water Resources Compact. Each of the eight Great Lakes legislatures then considered and approved the compact.