A Bi-Weekly Publication Friday December 2, 2005

In This Issue: · CITIZEN’S GUIDE TO WATER QUALITY PERMITTING AVAILABLE · GREAT LAKES REGIONAL COLLABORATION RELEASING FINAL PLAN · ANNEX TO BE SIGNED NPDES GUIDEBOOK NOW AVAILABLE Now available: “A Citizen’s Guide to Water Quality Permitting, Understanding the National Pollutant Discharge Elimination System (NPDES) Program and Its Role in Michigan" by environmental attorney, Ellen J. Kohler. The guidebook is designed to help citizens participate more fully in water quality permitting and restore the citizen’s voice in environmental decision making in Michigan. If you want to become more involved in local decision making and learn about the permitting process, the guidebook is a ‘must have’, offering citizens the power to positively impact their local communities. The guidebook specifically focuses on the National Pollutant Discharge Elimination System (NPDES) program established under the federal Clean Water Act and as administered in Michigan by the Department of Environmental Quality (DEQ). The NPDES program is central to maintaining and protecting the quality of our water resources. The guidebook is available in two formats: a print copy and a web-based version available on the Tip of the Mitt Watershed Council’s website at http://www.watershedcouncil.org. For more information, please contact Jill Kimble at 231.347.1181 ext. 100. THE FUTURE OF GREAT LAKES RESTORATION IS AT HAND Summer 2005 was a critical time in moving the Great Lakes restoration initiative forward. The Great Lakes Regional Collaboration (GLRC) unveiled its draft Great Lakes Restoration and Protection Strategy document on July 7. The final Great Lakes Restoration and Protection Strategy will be released at the Great Lakes Regional Collaboration Summit II Chicago, IL, on December 12, 2005. Prior newsletters discussed the developments of the GLRC with administration officials backing down from the plan. On October 28, 2005, a report to President Bush, issued by the EPA on behalf of a Cabinet-level task force, claimed federal officials had “serious concerns” with the Great Lakes Regional Collaboration’s draft restoration action plan. The task force urged no new money for Great Lakes programs beyond what is currently budgeted and encouraged “improving the efficiency and effectiveness of existing programs.” The problems facing the Great Lakes cannot be solved solely by improved efficiency of current programs.   In response to this report, the Great Lakes Task Force, a bipartisan and bicameral organization that works to enhance the economic and environmental health of the Great Lakes, as well as Governors and mayors, sent letters to the President expressing their disappointment with the limitations put forth in the report. December 12^th is a turning point - the President can either listen to the recommendations put forth in the report or fulfill his commitment to the citizens of the Great Lakes. We will see what the release of this plan on December 12^th will really do to restore and protect the Great Lakes. We will be sure to update you as to the events of the December meeting and the future of Great Lakes restoration in upcoming newsletter. ANNEX TO BE SIGNED DECEMBER 13, 2005 A day after the Great Lakes Regional Collaboration will meet to release the final strategy to protect and restore the Great Lakes, another major initiative that was developing over the summer is coming to its culmination. On November 10, 2005, the Great Lakes governors’ and premiers’ staffs finalized a proposal to implement Annex 2001. The finalized Annex Implementing Agreements are intended to help improve the health and economic vitality of the Great Lakes and will protect the Great Lakes for future generations. The Governors and Premiers will be signing the agreements at the Council of Great Lakes Governors’ Leadership Summit, to be held December 12-13, 2005, in Milwaukee, Wisconsin.     The finalized proposal includes the following: 1. The Great Lakes—St. Lawrence River Basin Sustainable Water Resources Agreement (the Agreement), a good-faith agreement among the Great Lakes States, Ontario and Québec; and, 2. The Great Lakes—St. Lawrence River Basin Water Resources Compact (the Compact), an agreement among the Great Lakes States that will eventually be passed into law through an interstate compact. The two proposed water agreements between the eight Great Lakes states and two provinces are a step in the right direction toward improvement over current law to protect the Great Lakes from water diversions and misuse. The Agreements include several measures to ensure a viable plan for the long-term protection and sound management of our Great Lakes water, including a prohibition of bulk water diversions over long distances; the inclusion of ground, stream, river and lake waters; scrutiny of withdrawal proposals for potential harm to the environment; and the requirement that the provinces and states institute water conservation programs. Furthermore, there are provisions for public participation in the water withdrawal approval process, the basing of the agreements in the governments’ “public trust” and “duty to protect” responsibilities, and preserving the right of the individual state and provinces to enact stronger protection as needed. A five-year review process that includes cumulative impact assessments of new water withdrawals and the potential impacts of climate change on water levels was also noted as a step in the right direction. However, there is disappointment that the Agreements may allow for diversions based on the political boundaries of straddling-counties rather than using the hydrological boundaries of the basin. In addition, the Precautionary Principle of acting proactively before harm is proven was not fully integrated into the Agreements. The Agreements do almost nothing to prevent export of bottled water from the Basin. Signatures from each of the governors, followed by passage in each state legislature and approval by Congress are required to enact the Compact. Signatures of the governors and premiers are required for the Agreement, which is a non-binding, good faith effort to protect the Great Lakes at a bi-national level.

Tip of the Mitt Watershed Council 426 Bay Street , Petoskey, Michigan 49770 Phone: (231) 347-1181 x 114 Fax: (231) 347-5928 Email: jenniferm@watershedcouncil.org Web: http://www.michiganwetlands.org/