FINAL REPORT - International Joint Commission

FINAL REPORT
a considerable amount of new information on the economic performance of all users of the system, as well
as the ecological response to hydrologic variability. The Criteria in the Commission’s 1956 Orders of
Approval (Annex 1) defined the objectives for regulation, including limits related to levels and flows for
hydropower, commercial navigation and flood elevations. This Study undertook investigations to redefine
these limits by collecting new data, applying state-of-the-art scientific investigations and seeking the
participation of the public and renowned experts. The concerns of the aboriginal community were solicited
through community outreach, and studies were conducted on recreational boating, environmental factors
and other issues pertinent to the Tribes.
New preferred water level ranges were established based upon the preferences of all interests, and new
regulation plan options were created, which considered not only the traditional uses identified explicitly in
the International Boundary Waters Treaty, namely domestic and sanitary water uses, hydropower and
navigation, but also recreational boating, flooding and erosion, and the environment.
This comprehensive approach provided numerous opportunities for change, but not without challenges.
By their nature, the interests that benefit from the management of Lake Ontario and the St. Lawrence River
generate resource management conflicts. For example, shoreline residences prefer lower levels that
reduce the risk of flooding and erosion damages, while boaters prefer higher levels so that they can enjoy
their recreation without grounding. Study investigations have indicated that ecological diversity increases
with a wider variation in lake levels; this in turn increases the risk of flooding and erosion, adversely
impacts recreational boating, and reduces the reliability of water intakes and shore wells, which can
become inoperable when levels are very low. Considering these conflicts, the Study focused on devising
regulation options that attempt to provide benefits to a greater number of users and interest groups
without creating disproportionate losses for any interest or geographical area as compared with the
existing operation of the system. The Study also developed alternatives that were tested against the
uncertainties of potential climate change and variability in present climate conditions. The three candidate
regulation plans presented in this report provide improvements for most interests in some geographic
areas as compared with the existing method of outflow regulation under Plan 1958-D with Deviations,
referred to as Plan 1958-DD.
Current Rules, Regulations and Limitations
Historical Perspective
Development of the upper St. Lawrence River for navigation was proposed as early as 1825. However, the
most significant events associated with development occurred in the early part of the twentieth century.
The International Waterways Commission was established in December 1903 by the governments of
Canada and the United States with a mandate to report on the use and protection of the Great Lakes. The
Commission recognized that a guiding set of principles, agreed to by both countries, was necessary to deal
with and resolve disputes in boundary waters. This recognition led directly to the Boundary Waters Treaty
of 1909 between the United States and Great Britain. The International Joint Commission, which guides
the regulation of Lake Ontario, was established under this treaty.
The treaty specified that navigation “shall for ever continue free and open for the purposes of commerce”
and that the navigation laws of one country were to apply to citizens and vessels of the other. Although
navigation was stressed, interest in the development of electricity began to appear as population and
industry expanded. The rapids of the River could facilitate this development. The dual purpose of a
St. Lawrence River project was substantiated by a 1921 study by the United States Army Corps of
Engineers and the Department of Railways and Canals of Canada. The study report, referred to as the
Wooten-Bowden report, concluded that navigation improvements would not be justified economically
2 Options for Managing Lake Ontario and St. Lawrence River Water Levels and Flows