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FINAL REPORT - International Joint Commission

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<strong>FINAL</strong> <strong>REPORT</strong><br />

Interest-specific short-term deviations have mixed support on the Study Board. Each of the above-mentioned<br />

examples of interest-specific deviations has been implemented by the Control Board in past years.<br />

These actions are open to varied interpretations, and the Control Board may not always be aware of other<br />

interests that might be harmed by these actions. The Study Board cannot reach a consensus view in<br />

support of or against short-term, interest-specific deviations or on the details concerning how such<br />

deviations might be applied. It is suggested that the <strong>Commission</strong> decide whether deviations for these<br />

purposes should proceed at all, or proceed only with Control Board assessment of effects and/or prior<br />

<strong>Commission</strong> approval.<br />

In all potential short-term deviation cases, the intent of the regulation plan rules should be maintained.<br />

Consideration should also be given to balancing the effect of short-term deviations within the week.<br />

To minimize the effect that short-term deviations might have on Lake Ontario, all interest-specific deviations<br />

if allowed, should be limited. For example, the Study Board suggests the following: (1) deviations should<br />

be limited to no more than 323 cubic metres per second (11,400 cfs) equivalent to 1 centimetre (0.4 inches)<br />

on a weekly basis on Lake Ontario levels; (2) the total of these accumulated deviations at any time should<br />

be limited to no more than +/- 5 cm (2 inches) over a calendar year on Lake Ontario; (3) no increase in the<br />

Lake Ontario level should be permitted if levels there are approaching the extreme high-water-level threshold<br />

listed in Table 11; and (4) conversely, no decrease should be permitted if Lake Ontario levels are approaching<br />

the extreme low-water-level thresholds as listed.<br />

Long-term discretionary deviations from plan flows have been an increasingly frequent practice of the<br />

St. Lawrence River Board of Control in recognition of changing conditions and priorities in the system and<br />

as a means of meeting the criteria in the existing Orders of Approval when water supplies are outside the<br />

range for which Plan 1958-D was developed. An example of such a deviation is the “storing” of water on<br />

Lake Ontario in the springtime, during expected lower-than-average upstream water supply conditions, for<br />

the purpose of maintaining higher Lake Ontario levels into the fall and enabling additional late fall releases<br />

of water down the St. Lawrence River.<br />

All of the proposed candidate plans have been designed in recognition of the current Lake Ontario-<br />

St. Lawrence River water level and flow interests. The plans have also been designed to respond to and<br />

accommodate a wide range of water supply conditions reflective of 50,000-years of stochastic hydrology<br />

as well as potential climate change conditions. Therefore, deviations from candidate plan flows when<br />

water levels on the Lake or River are high or low will act to nullify the benefits of the plans.<br />

The Study Board is of the opinion that long-term discretionary deviations from plan flows are not generally<br />

justified because such actions change the performance of the plans as designed and the benefits that flow<br />

from them. This position is conditional on ensuring that performance indicators upon which the regulation<br />

plan is based are verified and updated in an adaptive management process.<br />

During extreme low- or high-water level and flow conditions on Lake Ontario or the St. Lawrence River,<br />

consideration should be given, however, to implementing Criterion (k) type plan deviations after examination<br />

of the impact of plan flows on interests and processes in the Lake Ontario-St. Lawrence River system and<br />

with the express concurrence of the <strong>Commission</strong>.<br />

86 Options for Managing Lake Ontario and St. Lawrence River Water Levels and Flows

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