Great Lakes--St. Lawrence River Basin Water Resources Compact
I thank the gentlewoman for yielding time. Mr. Speaker, I rise in opposition to the Great Lakes-St. Lawrence River Basin Water Resource Compact. I am deeply concerned that this compact would allow Great Lakes water to be defined as a…
I thank the gentlewoman for yielding time.
Mr. Speaker, I rise in opposition to the Great Lakes-St. Lawrence River Basin Water Resource Compact. I am deeply concerned that this compact would allow Great Lakes water to be defined as a product. By allowing water to be defined as a product, the compact would subject the Great Lakes to international trade agreements, such as the North America Free Trade Agreement or the World Trade Organization.
There is also no language in the compact that recognizes the Great Lakes waters held in trust. The public owns the water of the Great Lakes, and anything we pass should preserve this.
While the original intent of the Great Lakes Compact was to protect our water from diversion, the compact that the States have sent to Congress may unintentionally have the opposite effect and set a precedent that would open the door to diversions.
The Great Lakes Governors have spent more than 3 years addressing the local and State implications of the compact. Unfortunately, we have not done the same deliberative process. We have spent less than 20 legislative days since the introduction of this legislation. We have had no hearings in the House to consider the Federal or international implications. We are rushing to a vote when one of our Nation's most precious natural resources, the Great Lakes, is at stake.
Before we ratify the Great Lakes Compact, the following questions must be fully investigated. How does the compact's exemption of water in a container smaller than 5.7 gallons affect the Federal prohibition on diversions of water under the Water Resources Development Act?
Will creating a definition of Great Lakes water as a product subject it to international trade law or agreements such as NAFTA?
Would actions taken by the Great Lakes States to protect the Great Lakes against efforts by international commercial entities who seek to privatize the Great Lakes ever be subject to claims under the general agreements on tariffs and trade or to WTO?
I have asked these questions of the International Joint Commission, the United States Trade Representative and the Department of State before Congress adjourned for the August recess. While these agencies have acknowledged my request, they were unable to provide me with any substantive responses. This alone should be reason enough to vote on this legislation until we have the answers to my questions.
I cannot in good conscience vote to approve legislation that may unintentionally open the Great Lakes to diversions through privatization, commercialization and exportation. It is imperative that we take our time to ensure that the legal protections we seek to enact and preserve to restore the quality and quantity of the Great Lakes water be done properly.
I urge my colleagues to vote ``no'' on Senate Joint Resolution 45 so that we may fully address the questions and pass a compact that protects the Great Lakes.
In my 16 years here in the House of Representatives, I have fought to protect these Great Lakes. Why are we rushing now to do a compact that we have not had time to examine, when the State Department cannot answer our questions, when we don't have the answers?
After we pass this legislation, it will be too late to say, oh, we might have made a mistake here. Let's not open up our Great Lakes water to commercialization and to international agreements we have no control over. Let's get the answers before we pass this legislation.
Mr. Speaker, will the gentlewoman yield?
What assurance do we have that if we seek to amend the compact after this is passed that the States are going to go along with us?
But once the law is passed, you can't go back and amend it, unless the States take the initiative, because under WRDA and what you are verifying here, the States would have control over it. So even if the Congress wanted us to change the compact because they are diverting our water, we can't do it unless the States act first. You are giving up the right. You are ratifying this compact, and the only way you can only come back into this compact is through the States, and not necessarily the Federal Government.
Four of the five Great Lakes are international bodies of water where the States have no say over it. That's why the Federal Government must ratify it. If we continue to ratify this compact without getting our answers, you cannot go back and reopen the international agreement unless both sides agree, including the eight States and the two provinces of Canada.
I have one other inquiry: Why are we rushing this compact? There is no end date that it has to be done before the end of the year.
It's an open-ended commitment. Why can't we wait? What's the rush?
Mr. Speaker, I object to the vote on the ground that a quorum is not present and make the point of order that a quorum is not present.