On 13 December 2005, in Milwaukee, the governors of the eight Great Lakes states — Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania and Wisconsin — and the premiers of Ontario and Québec signed the Great Lakes—St. Lawrence River Basin Sustainable Water Resources Agreement. The signing took place during a meeting of the Council of Great Lakes Governors. Authentic texts: English and French, equally authoritative (Article 710). This is not a federal United States–Canada treaty: Article 700 preserves the authority of the Parliament of Canada and the treaty power of the United States; Article 701: the Boundary Waters Treaty of 1909 continues to apply.

Article 100: the objectives — to protect, conserve and restore the Waters of the Basin, because lack of scientific certainty should not postpone measures; common mechanisms to evaluate proposals to withdraw water; retention of state and provincial authority; prevention of significant adverse impacts; adaptive management. Article 101: the Agreement applies to the Waters of the Basin within the Parties’ territorial boundaries. The Basin is defined as the watershed of the Great Lakes and the St. Lawrence River upstream from Trois-Rivières, Québec. Article 102: each Party shall seek to adopt and implement Measures required to give effect to the commitments.

Article 200(1): the Parties shall adopt Measures to prohibit New or Increased Diversions, except as provided in the Agreement. Article 200(2): they shall manage and regulate Exceptions. Article 200(3): they shall manage and regulate Withdrawals and Consumptive Uses. Article 201 sets limited exceptions, including for straddling communities, under an Exception Standard and, where required, Regional Review — a legal framework, not a handbook for moving water.

Chapter 4 establishes the Great Lakes—St. Lawrence River Water Resources Regional Body, composed of the Governor or Premier of each Party, or a designee. Duties include a formal process for Proposals that require Regional Review; declarations on whether a Proposal meets the Exception Standard; whether a Party’s programmes meet the Agreement; and facilitating consensus. Chapter 5: Regional Review, including consultation with First Nations and federally recognized Tribes. Article 702: nothing abrogates or derogates from aboriginal and treaty rights affirmed by section 35 of the Constitution Act, 1982, or from tribal rights recognized in the United States.

Article 709: entry into force is staggered. On the day the Agreement is signed by all Parties: the preamble, Chapter 1, the Regional Body, dispute resolution and the final provisions, among other parts. Articles 200(1)–(2), 201 and Chapter 5: 60 days after the last Party has notified the others that it has completed the Measures necessary to implement them. Article 200(3) and in-basin withdrawal management: five years after paragraph 2 comes into force, or 60 days after the last such notification, whichever is first. Article 707: a Party may withdraw on twelve months’ written notice; the Agreement remains in force among the remaining Parties.

The companion United States instrument — the Great Lakes—St. Lawrence River Basin Water Resources Compact — is a compact among the eight states, with the consent of Congress; it became federal law in 2008, a separate instrument. Ontario and Québec later gave effect to the Agreement through their own statutes.

The Milwaukee skyline looking towards Lake Michigan, the city of signature, not the signing room. Wikimedia Commons, free licence.

For context: Great Lakes–Saint Lawrence River Basin Sustainable Water Resources Agreement. The text: Great Lakes—St. Lawrence River Basin Sustainable Water Resources Agreement.