Upper Great Lakes Plan of Study

The International Joint Commission is conducting a review of the Lake Superior outflow regulation operations. The review will be conducted in light of the impacts of these operations on water levels, flows, and consequently affected interests in the Upper Great Lakes system from Lake Superior downstream through Lake Erie.

Pursuant to the Boundary Waters Treaty of 1909, the Commission in 1914 approved the diversion of water from the St. Marys River for power generation purposes in Canada and the United States and the construction of a gated control structure (the Compensating Works) across the St. Marys River. The Commission, through its International Lake Superior Board of Control, regulates the outflows of Lake Superior in accordance with the Treaty, Commission Orders, and an adopted regulation plan. Outflows were originally determined primarily by considering the impact on water levels in Lake Superior. However, the Commission changed its Orders and regulation plan in the 1970s to also take into account water levels on Lake Michigan and Lake Huron. This change provided benefits throughout the Great Lakes system.

In its 1993 report to governments on methods of alleviating the adverse consequences of fluctuating water levels in the Great Lakes - St. Lawrence River Basin, the Commission stated that it would weigh carefully its study board’s recommendations that the criteria for the regulation of outflows from Lake Superior and Lake Ontario be reviewed to determine if they remain consistent with the current uses and needs of the users and interests of the system. A comprehensive five-year study of Lake Ontario outflow regulations is currently underway.

The Commission intends to develop a Plan of Study to examine and describe the studies required to review the Orders and regulation plan for Lake Superior outflows. Consideration is timely, given the most precipitous drop in water levels in recorded history on Lakes Michigan and Huron, low water supplies and low water levels generally on the upper Great Lakes, and concerns generated thereby. It will also build on the experience generated in the Commission’s current study of the regulation of Lake Ontario outflows.

Development of the Plan of Study would include consideration of:

• impacts of water-level regulation on current interests, considering demographic changes and enhanced understanding of the environment since the 1970s;
• relationships between water-level regulation and coastline erosion, a particular concern on Lake Michigan; and
• climate change and variability in light of studies indicating that the current regulation plan may not be capable of addressing the changes that might occur.

In developing the Plan of Study, we will be able to take advantage of technological advances made since the 1970s to draw on knowledge gained through the planning and conduct of the ongoing study to review Lake Ontario outflow regulation, and to make the appropriate linkages between the Lake Ontario outflow study and the Lake Superior outflow study. Such linkages will help achieve efficiencies and develop an appropriate framework for more systemic consideration of the Great Lakes.

Following consultation with government officials, key organizations, and the general public in the summer of 2001, the Commission formed a small binational team to develop the Plan of Study. The Commission anticipates receiving a draft Plan of Study by October 18, 2001. This Plan of Study will be distributed for public comment. In addition, public meetings will be held in November and early December 2001 to receive comments from the public. The Commission anticipates finalizing the Plan of Study in January 2002.