John Nevin, IJC
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The document discusses the history and role of the International Joint Commission (IJC) in protecting shared US-Canada waters. The IJC was established by the 1909 Boundary Waters Treaty to help prevent disputes over transboundary waters. It has played a key role in issues like regulating water levels and addressing pollution. The IJC also oversees the Great Lakes Water Quality Agreement and provides independent reports and recommendations to governments on shared water issues. Over its century of operation, the IJC has helped the US and Canada cooperatively manage their shared waters and resolve disputes through consensus-based decisions guided by science.
John Nevin, IJC
- 2. Transboundary Basins Columbia River Basin Souris Rainy River River Basin Basin Missisquoi Bay Lake Champlain Saint. Croix River Basin St. Mary ‐ Milk River Basin Red River Basin The Great Lakes and Waterways More than a century of cooperation protecting shared waters 2
- 3. IJC from Coast to Coast More than a century of cooperation protecting shared waters 3
- 4. Boundary Waters Treaty Negotiated in 1909 at a time of industrialization and urbanization of the Great Lakes and other boundary waters Cleveland The Hamilton Ohio Water Ontario Steel & Works Plant, Iron Company, July 4, 1903 1900 Toronto, Ontario 1896 4 4
- 5. THE BOUNDARY WATERS TREATY (1909) ORIGIN – border disputes over use Sir George Gibbons of transboundary waters. PURPOSE – provides the principles and mechanisms to help prevent and resolve disputes along the boundary The IJC was created by the Treaty and remains a key part of the US- Canada relationship. More than a century of cooperation, protecting shared waters.
- 6. Origins of the Boundary Waters Treaty Digging the St. Mary Canal Schoellkopf Power Station Montana, 1908 Niagara Falls NY, 1895 More than a century of cooperation protecting shared waters 6
- 7. Niagara Falls (What might have been?) More than a century of cooperation protecting shared waters 7
- 8. Sir George Gibbons – 1916 Speech More than a century of cooperation protecting shared waters 8
- 9. SOME KEY PRINCIPLES OF THE TREATY Equal and similar rights to the use of boundary waters; Order of precedence of use – sanitary/domestic, navigation, power generation/irrigation; Structures/diversion not to affect levels and flows on the other side; and, Must not pollute water on either side to the injury of health or property on the other side. More than a century of cooperation, protecting shared waters.
- 10. Equality: Parity of Power “The High Contracting Parties shall have, each on its own side of the boundary, equal and similar rights in the use of the waters hereinbefore defined as boundary waters.” Article VIII, Boundary Waters Treaty of 1909 More than a century of cooperation, protecting shared waters.
- 11. THE COMMISSION’S STRUCTURE Six Commissioners (three from Canada, three from the U.S.; two of whom are co- chairs) A creation of the treaty, but not a creature of governments. The IJC an international organization which is a permanent, binational, objective, independent, unitary body Sectional offices in Ottawa and Washington DC Regional office in Windsor, Ontario More than a century of cooperation protecting shared waters
- 12. IJC – Principles of Operation Independent – commissioners serve without instruction from governments Complete equality between two countries Decisions made by consensus Sound science - joint fact finding Experts serve in personal and professional capacity Extensive stakeholder engagement Full public involvement More than a century of cooperation protecting shared waters
- 13. IJC Operations – APPLICATIONS/ORDERS Rules on applications for approval of projects affecting boundary and transboundary waters May regulate the operations of projects, for example, water control structures at the outlets of lakes superior and ontario - both boundary waters More than a century of cooperation protecting shared waters
- 14. Boundary Waters Treaty of 1909 Order of Precedence “The following order of precedence shall be observed … and no use shall be permitted which tends materially to conflict with or restrain any other use which is given preference over it in this order of precedence: 1. Uses for domestic and sanitary purposes; 2. Uses for navigation, including the service of canals for the purposes of navigation; 3. Uses for power and for irrigation purposes.” More than a century of cooperation protecting shared waters 14
- 15. Regulatory Structures at Sault Ste. Marie Power Plants Control Works More than a century of cooperation protecting shared waters 15
- 16. Regulation of Lake Ontario and the St. Lawrence River More than a century of cooperation protecting shared waters 16
- 17. What is the IJC Mandate for References? IJC looks into issues as asked to by the two National governments. IJC replies with an independent report and make recommendations to the governments on these issues. An example is the current reference under the Great Lakes Water Quality Agreement. One of the first references was regarding pollution of boundary waters – report in 1918. More than a century of cooperation protecting shared waters 17
- 18. IJC 1918 Water Quality Report Improvements in death rates were due to the protection of water supplies through use of bleaching powder and liquid chlorine. More than a century of cooperation protecting shared waters 18
- 19. What is the Great Lakes Water Quality Agreement? The purpose of the Agreement is “to restore and maintain the chemical, physical and biological integrity of the waters of the Great Lakes basin ecosystem" President Richard Nixon and Prime Minister Pierre The Cuyahoga River on fire in 1969. Trudeau signing the Great Lakes Water Quality Agreement, April 15, 1972 More than a century of cooperation protecting shared waters 19
- 20. Great Lakes Water Quality Agreement Timeline More than a century of cooperation protecting shared waters 20
- 21. IJC 1996: “the battle against eutrophication has been substantially successful” Baker, D. B. and Dolan, D. M. 2009. Lake Erie Phosphorus: Tributary Loading Data and Long- term trends. Western Lake Erie Basin Conference, Maumee Bay State Park. March 11, 2009. 21
- 22. Lake Erie Phosphorus Loading More than a century of cooperation protecting shared waters 22
- 23. Columbia River Saint John Basin River Basin Souris Rainy River River Basin Basin Missisquoi Bay Lake Champlain Saint Croix June 13, 2009 River Basin Secretary of State Clinton St. Mary ‐ Milk and Minister Cannon River Basin Red celebrate centennial of River Basin the Boundary Waters The Great Lakes Treaty with the IJC. and Waterways More than a century of cooperation protecting shared waters
- 24. Most Applications Were Approved Figure 1: Status of Applications 49 6 6 Approved No action/deferred Withdrawn /Technical Concerns More than a century of cooperation protecting shared waters
- 25. The Record – 1909 to 2006 Figure 2: Trends in Applications and References 19 17 15 14 12 8 s 7 6 1 1909-1929 1930-1949 1950-1969 1970-1989 1990-2006 References (57) Applications (61) More than a century of cooperation protecting shared waters
- 26. Remarkable Level of Consensus Figure 3: IJC Dockets 1909-2006 Agreement Reached No Agreement More than a century of cooperation protecting shared waters