II

106TH CONGRESS

1ST SESSION S. 1667

To impose a moratorium on the export of bulk fresh water from the Great

Lakes.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 29, 1999

Mr. ABRAHAM introduced the following bill; which was read twice and referred

to the Committee on Banking, Housing, and Urban Affairs

A BILL

To impose a moratorium on the export of bulk fresh water

from the Great Lakes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. FINDINGS.

4 Congress finds that—

5 (1) the water and water-dependent natural re6 sources of the Great Lakes basin are precious public

7 resources, held in trust as described in paragraph

8 (2) by the States of Illinois, Indiana, Michigan, Min9 nesota, New York, Ohio, Pennsylvania, and Wis-
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1 consin, and the Canadian Provinces of Ontario and

2 Quebec;

3 (2) authority over the Great Lakes is vested—

4 (A) in the Governors of the Great Lakes

5 States through section 1109 of the Water Re6 sources Development Act of 1986 (42 U.S.C.

7 1962d–20); and

8 (B) in the Premiers of the Great Lakes

9 Provinces;

10 (3) the Great Lakes Charter of 1985 is a vol11 untary international agreement that provides the

12 procedural framework for notice and consultation by

13 the Great Lakes States and the Great Lakes Prov14 inces concerning the diversion of the water of the

15 Great Lakes basin;

16 (4) the Governors of the Great Lakes States, in

17 exercise of the authority described in paragraph (2),

18 and the Premiers of the Great Lakes Provinces have

19 based decisions on proposals to withdraw, divert, or

20 use Great Lakes water on the extent to which the

21 proposals conserve and protect water and water-de22 pendent natural resources of the Great Lakes basin;

23 (5) decisionmaking concerning Great Lakes

24 water must remain vested in the Governors of the

25 Great Lakes States and the Premiers of the Great
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1 Lakes Provinces, who manage the water and re2 sources on a day-to-day basis;

3 (6) demand for clean and fresh water is grow4 ing around the world, and exports of bulk fresh

5 water pose a challenge to the management of the

6 Great Lakes;

7 (7) the ecological effects of exports of bulk

8 fresh water from the Great Lakes are unknown; and

9 (8) as of the date of enactment of this Act,

10 there is no consensus on a means of regulating such

11 exports on a binational basis.

12 SEC. 2. DEFINITIONS.

13 In this Act:

14 (1) BULK FRESH WATER.—The term ‘‘bulk

15 fresh water’’ means fresh water extracted in quan16 tities intended for transportation by tanker or simi17 lar form of mass transportation, without further

18 processing.

19 (2) FROM THE GREAT LAKES BASIN.—The term

20 ‘‘from the Great Lakes basin’’, with respect to

21 water, means—

22 (A) water from Lake Erie, Lake Huron,

23 Lake Michigan, Lake Ontario, Lake St. Clair,

24 or Lake Superior;
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1 (B) water from any interconnecting water2 way within any watercourse that drains into or

3 between any of those lakes; and

4 (C) water from a tributary surface or un5 derground channel or area that drains into or

6 comprises part of any watershed that drains

7 into any of those lakes.

8 (3) GREAT LAKES PROVINCE.—The term

9 ‘‘Great Lakes Province’’ means the Province of On10 tario or Quebec, Canada.

11 (4) GREAT LAKES STATE.—The term ‘‘Great

12 Lakes State’’ means the State of Illinois, Indiana,

13 Michigan, Minnesota, New York, Ohio, Pennsyl14 vania, or Wisconsin.

15 SEC. 3. MORATORIUM ON EXPORT OF BULK FRESH WATER.

16 (a) MORATORIUM ON EXPORTS.—Bulk fresh water

17 from the Great Lakes basin shall not be exported from

18 the United States.

19 (b) SUNSET PROVISION.—Subsection (a) shall cease

20 to be effective on the earlier of—

21 (1) December 31, 2001; or

22 (2) the date of enactment of an Act of Congress

23 approving the operation of a mechanism and con24 servation standard for making decisions concerning

25 the withdrawal, diversion, and use of water of the
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1 Great Lakes that has been agreed to by each of the

2 Governors of the Great Lakes States, acting in co3 operation with the Premiers of the Great Lakes

4 Provinces.

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