Upper Great Lakes Plan of Study

August 13, 2001

DIRECTIVE
to the
UPPER GREAT LAKES "PLAN OF STUDY" TEAM

The purpose of this directive is to establish and direct the Upper Great Lakes "Plan of Study" Team (Team) to develop a Plan of Study (POS) to review the operation of structures controlling the outflows from Lake Superior. The purpose of the study is to (i) review the operation of the structures controlling the outflows from Lake Superior in the light of the impacts of those operations on water levels, flows, and consequently affected interests in the Upper Great Lakes system from Lake Superior downstream through Lake Erie, including the environment; (ii) assess whether changes to the Orders or regulation plan are warranted to meet contemporary and emerging needs, interests and preferences for managing the system in a sustainable manner, including under climate change scenarios; and (iii) evaluate any options identified to improve the operating rules and criteria governing Lake Superior outflow regulation. The POS will be conducted in the context of Articles III and VIII of the Boundary Waters Treaty and the Commission’s alerting responsibilities.

This POS shall include:

1. the definition of the studies to be performed and the level of detail anticipated for each study,
2. recommendations as to the agencies or organizations capable of carrying out each study, recognizing that studies are to be conducted binationally,
3. sources of, or means of obtaining, needed information, and
4. recommendations on the order and duration of the study and its phases (in the case of a phased study), and
5. estimates of the time, dollar and personnel resources required for the conduct of each unit of the study.

Consideration shall always be given to the goal of an improved operating plan in formulating the extent to which any topic or issue is to be studied. At a minimum, the following studies or activities will be required:

1. Review of available data and research that will inform and prioritize studies and activities to be completed through the POS
2. System flow and level modeling using compiled historical flow records, available post-glacial levels information, extended supply variability data, and considering current diversions into and out of the Great Lakes system
3. Climate change impacts on levels and flows
4. Effects of past and current dredging on levels and flows
5. Groundwater impacts on levels and flows
6. Defining the amount of anthropogenic regulation effects compared to natural levels and flows in the system
7. Development of alternative control approaches that as nearly as possible meet the needs of all interests (including the integrity of the ecosystem), appropriately balance effects between Lakes Superior and Michigan-Huron while considering impacts on the St. Marys River and downstream of Lakes Michigan-Huron (including on Lake Erie), make provision for emergency conditions, and respect the requirements of the Boundary Waters Treaty and in particular Article VIII
8. Ongoing public involvement in executing the study, including institutional arrangements to ensure appropriate communication with and among all interests, as well as a means of testing and demonstrating the effects of possible scenarios with the public
9. Development of recommendations concerning appropriate communications on Lake Superior outflow regulation with and among all interests following completion of the study
10. Development and implementation of an evaluation methodology for characterizing and assessing impacts associated with various water level and flow scenarios
11. Impacts of levels and flow regimes on the natural ecosystem, including consideration of the viability of native biological diversity (species, natural communities, and ecological systems)
12. Determination of levels and flows impacts on recreational boating and tourism, riparians, hydropower, commercial navigation, and municipal water supply, in the light of the 1909 Boundary Waters Treaty
13. Shoreline impacts of levels and flows, including assessment of zoning and other land use management issues
14. Qualitative assessment of how demographic and other possible future changes may affect user needs, water supplies, and regulation impacts
15. Topographic and bathymetric data acquisition

Emphasis shall be placed on making the best possible use of available data and promoting coordination with related ongoing efforts, including studies on dredging of connecting channels in the Great Lakes, the Lake Michigan Potential Damages Study, and the Commission’s reports and supporting studies on alleviating the adverse consequences of fluctuating water levels and protecting the waters of the Great Lakes.

Consideration shall be given as to whether it is desirable to conduct the study in a phased approach. One possible phased approach is where the first phase would compare the degree of anthropogenic control over Lake Superior outflows in relation to natural variability in flows and resulting water levels, including under climate change, while the second phase would investigate various approaches to Lake Superior outflow regulation.

The Commission shall appoint an equal number of members from Canada and the United States to the Team. Members act in their personal and professional capacities and not as representatives of their countries, agencies, organizations, or other affiliations. Members of the Team shall be responsible for their own expenses unless otherwise arranged by the Commission.

The Team shall consult with others as necessary, and especially the International Lake Superior Board of Control, to complete its work. It shall take note of work of all other agencies and organizations in both countries in order to make the most effective use of resources and efforts in both countries. It shall consult with the St. Lawrence River Study Board, currently conducting studies for the St. Lawrence River basin, to determine how best to leverage progress from that study applicable to the upper Great Lakes.

The Team shall keep the Commission informed of its progress and direction. The Team shall submit to the Commission:

1. Within two weeks of its formation, a document outlining how it plans to proceed in developing a POS, with special emphasis on public involvement;
2. Within one month of its formation, a document framing the general nature of the anticipated POS;
3. By October 18, 2001, a draft POS; and
4. By January 11, 2002, a final POS (an electronic copy and 500 printed copies provided to each section of the Commission.)

The Team shall make use of public input received prior to and during the development of the POS. The team shall distribute information widely to raise awareness of the effort to develop a Plan of Study and the purpose of the proposed study. To the extent possible, the development of the POS shall be an open and transparent process. The Team shall provide opportunities for the public to comment on the draft POS concurrently with the Commission’s review. The Team shall coordinate its public involvement plans with the Commission.

Documents, letters, memoranda, and communications of every kind in the official records of the Commission are privileged and become available for public information only after release by the Commission. The Commission considers all documents in any official files that the team may establish to be similarly privileged. Accordingly, all such documents shall be so identified and maintained as separate files. The Commission will work with the Team to assure that relevant information is available for public review in a timely manner.

To assist in carrying out this assignment, attached are copies of the following:

1. 1909 Boundary Waters Treaty
2. Commission Orders of Approval
3. Commission report, Methods of Alleviating the Adverse Consequences of Fluctuating Water Levels in the Great Lakes - St. Lawrence River Basin: A Report to the Governments of the Canada and the United States, December 1993
4. March 19, 1996, Scope of Work, developed by the International Lake Superior Board of Control
5. Membership of the International Lake Superior Board of Control
6. Membership of the International Lake Ontario-St. Lawrence River Study Board
7. September 1999 Plan of Study for Criteria Review in the Orders of Approval for Regulation of Lake Ontario - St. Lawrence River Levels and Flows
8. Comments received by the Commission regarding the draft directive to the Upper Great Lakes Plan of Study Team
9. Commission report, Protection of the Waters of the Great Lakes: Final Report to the Governments of Canada and the United States, February 22, 2000