The Great Lakes Compact

THE GREAT LAKES COMPACT -- (Extensions of Remarks - September 28, 2008)

* Ms. KAPTUR. Madam Speaker, Ohio, Michigan and the rest of the Great Lakes have a resource that is the envy of any nation. With 20 percent of the world's available freshwater, the regions water resource represents the key for economic and environmental sustainability. Gone are the days when we can take this resource for granted and trust that the rest of the world will not tread on us.

* My district spans 90 plus miles of coastline across Lake Erie and depends on the natural bounty of the Great Lakes.

* The Great Lakes Compact represents a paradox. On the one hand the time for action is clearly upon us, however, while this legislation represents a starting point, the loophole that allows the export of bottled water outside the basin puts the entire agreement in jeopardy.

* While the States have been reviewing this compact for years, Congress spent less than 20 legislative days examining this legislation. I am particularly concerned about the binding effect of S.J. Res. 45 and its broad exemption for bottled water.

* What will be the bills effects on our trade agreements? I cannot honestly answer that point.

* How many bottled water companies will be eligible to apply for this exemption removal? No one knows.

* What opportunities will there be to update or amend the legislation? No one can truly say.

* According to the legislation, a--``Diversion means a transfer of Water from the Basin into another watershed, or from the watershed of one of the Great Lakes into that of another by any means of transfer, including but not limited to a pipeline, canal, tunnel, aqueduct, channel, modification of the direction of a water course, a tanker ship, tanker truck or rail tanker ..... ''

* However, this legislation continues to describe a glaring loophole in the following: ``but does not apply to Water that is used in the Basin or a Great Lake watershed to manufacture or produce a Product that is then transferred out of the Basin or watershed. Divert has a corresponding meaning''.

* In section 4.12, this legislation allows the bulk water transfer so long as it is packaged in containers of less than 5.7 gallons or less. The legislation goes on to provide authority for jurisdictions to determine the treatment of Proposals to Withdraw Water and to remove it from the Basin in any container of 5.7 gallons or less. This provision to allow the regulated transfer of bottled water must not be misused and will be Congresses job to ensure that this does not happen.

* While I will vote against the Great Lakes compact today, I do not do so out of opposition to the base legislation but in an effort to slow down its consideration. Once this bill is signed into law, the story is not over. Congress must continue to use its legislative authority to ensure that the compact is implemented as intended.

* With strong oversight, this body must ensure that the provisions of the compact are used to protect the Great Lakes. Hopefully, this legislation is a starting point. It is the first step in protecting our water resource but it must not be our last. While I encourage a no vote on the final legislation, I do so to ensure that these concerns are clearly presented for the record.

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