IV 
110TH CONGRESS 
2D SESSION 
H. RES. 1146 
Expressing the sense of the House of Representatives that the International 
Joint Commission should adopt a water level management plan for Lake 
Ontario and the St. Lawrence River that strongly takes into account 
environmental considerations and the concerns of the public and the 
affected States and maximizes hydropower production at existing facili-
ties, and further urges the Secretary of State not to approve a plan 
that fails to do so. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 24, 2008 
Mr. MCHUGH (for himself and Ms. SLAUGHTER) submitted the following reso-
lution; which was referred to the Committee on Transportation and Infra-
structure, and in addition to the Committee on Foreign Affairs, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
RESOLUTION 
Expressing the sense of the House of Representatives that 
the International Joint Commission should adopt a water 
level management plan for Lake Ontario and the St. 
Lawrence River that strongly takes into account environ-
mental considerations and the concerns of the public 
and the affected States and maximizes hydropower pro-
duction at existing facilities, and further urges the Sec-
retary of State not to approve a plan that fails to do 
so. 
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•HRES 1146 IH 
Whereas the United States and the Dominion of Canada 
signed the Boundary Waters Treaty of 1909 (the Trea-
ty), which provided for the creation of the International 
Joint Commission (IJC) to help resolve and prevent dis-
putes concerning water quantity and quality along the 
boundary between the United States and Canada 
throughout the Great Lakes and St. Lawrence River; 
Whereas the Treaty states ‘‘In cases involving the elevation 
of the natural level of waters on either side of the line 
as a result of the construction or maintenance on the 
other side of remedial or protective works or dams or 
other obstructions in boundary waters flowing there from 
or in waters below the boundary in rivers flowing across 
the boundary, the Commission shall require, as a condi-
tion of its approval thereof, that suitable and adequate 
provision, approved by it, be made for the protection and 
indemnity of all interests on the other side of the line 
which may be injured thereby’’; 
Whereas the environment of Lake Ontario and the St. Law-
rence River should be considered an interest; 
Whereas the Order of Approval (the Order), which provides 
specific parameters for the water levels on Lake Ontario 
and the St. Lawrence River, was adopted by the govern-
ments of Canada and the United States in 1952 and 
amended in 1956 to reflect the development of power in 
the International Rapids Section of the St. Lawrence 
River; 
Whereas the existing Order has resulted in the substantial 
derogation of at least 33,000 acres of wetlands, allowing 
a thick cattail monoculture to expand and replace large 
areas of biodiverse meadow marsh, resulting in the loss 
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•HRES 1146 IH 
of habitat for a wide range of aquatic, avian, and upland 
species; 
Whereas in 1999, it was recognized that the current Order 
was insufficient and therefore the five year, $20,000,000 
International Lake Ontario-St. Lawrence River Study 
was conducted, with the assistance of agencies, including 
the Environmental Protection Agency, the National Oce-
anic and Atmospheric Administration, the Fish and Wild-
life Service, the Army Corps of Engineers, and Environ-
ment Canada; 
Whereas on January 12, 2005, the International Lake On-
tario-St. Lawrence River Study adopted the goal that 
‘‘decision-making with respect to the development of the 
Lake Ontario-St. Lawrence River System Criteria and 
Plans will be transparent, involving and considering the 
full range of interests affected by any decisions with 
broad stakeholder and public input’’; 
Whereas on May 12, 2005, the Secretary of the United 
States section of the IJC, Elizabeth C. Bourget, and the 
Secretary of the Canadian section of the IJC, Murray 
Clamen, directed the Upper Great Lakes ‘‘Plan of 
Study’’ Revision Team to ‘‘incorporate lessons learned 
from the International Lake Ontario-St. Lawrence River 
Study’’; 
Whereas on May 31, 2006, three proposed water level man-
agement plans were presented to the public for comment: 
Plan A+ proposed that the water levels of Lake Ontario 
and the St. Lawrence River be stringently regulated, 
Plan B+ proposed that the water levels be returned to 
a more natural rhythm which existed before the pre- 
project system, and Plan D+ proposed minor changes to 
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•HRES 1146 IH 
the existing regulation plan to minimize losses to any one 
interest area; 
Whereas the IJC conducted a public comment period on the 
three proposed plans which concluded on September 15, 
2006; 
Whereas on June 14, 2007, the IJC announced a new regime 
would be selected on September 17, 2007; 
Whereas on September 10, 2007, the IJC announced that it 
would extend the period of consultation to allow more 
time for discussions with government in the Lake Ontario 
and St. Lawrence River basin; 
Whereas on March 28, 2008, the IJC announced Plan 2007, 
which had not previously been submitted to the public for 
comment or fully vetted by the scientific community and 
the State of New York, as the proposed water level man-
agement plan for Lake Ontario and the St. Lawrence 
River; 
Whereas all territory of the United States regulated by the 
Order is exclusively within the domain of the State of 
New York; 
Whereas Plan 2007, which closely mirrors the existing re-
gime, does not provide the same measure of environ-
mental benefits as those proposed by Plan B+; 
Whereas Plan 2007 does not allow for the same high levels 
of hydropower production as those proposed by Plan B+; 
Whereas hydropower is a low-cost, abundant, and renewable 
source of energy for power generation; and 
Whereas the approval of the Secretary of State, acting as the 
agent of the United States Government, is needed before 
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•HRES 1146 IH 
a new water level management plan is adopted: Now, 
therefore, be it 
Resolved, That it is the sense of the House of Rep-
resentatives that— 
(1) the IJC’s proposed Plan 2007 does not pro-
vide the necessary level of environmental protections 
and benefits for Lake Ontario and the St. Lawrence 
River; 
(2) the views of the public and the State which 
has jurisdiction of waters to be regulated must be 
fully considered when a new plan for the manage-
ment of water levels is selected; 
(3) any water level management plan should 
make every effort to maximize hydropower produc-
tion at existing facilities; and 
(4) the Secretary of State should not approve a 
water level management plan if the criteria set forth 
in paragraphs (1) through (3) are not met. 
Æ 
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