
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-541 Section 504(a),]
[Document affected by Public Law 106-541 Section 518]
[CITE: 42USC1962d-20]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                  CHAPTER 19B--WATER RESOURCES PLANNING
 
                 SUBCHAPTER IV--MISCELLANEOUS PROVISIONS
 
Sec. 1962d-20. Prohibition on Great Lakes diversions


(a) Congressional findings and declarations

    The Congress finds and declares that--
        (1) the Great Lakes are a most important natural resource to the 
    eight Great Lakes States and two Canadian provinces, providing water 
    supply for domestic and industrial use, clean energy through 
    hydropower production, an efficient transportation mode for moving 
    products into and out of the Great Lakes region, and recreational 
    uses for millions of United States and Canadian citizens;
        (2) the Great Lakes need to be carefully managed and protected 
    to meet current and future needs within the Great Lakes basin and 
    Canadian provinces;
        (3) any new diversions of Great Lakes water for use outside of 
    the Great Lakes basin will have significant economic and 
    environmental impacts, adversely affecting the use of this resource 
    by the Great Lakes States and Canadian provinces; and
        (4) four of the Great Lakes are international waters and are 
    defined as boundary waters in the Boundary Waters Treaty of 1909 
    between the United States and Canada, and as such any new diversion 
    of Great Lakes water in the United States would affect the relations 
    of the Government of the United States with the Government of 
    Canada.

(b) Congressional declaration of purpose and policy

    It is therefore declared to be the purpose and policy of the 
Congress in this section--
        (1) to take immediate action to protect the limited quantity of 
    water available from the Great Lakes system for use by the Great 
    Lakes States and in accordance with the Boundary Waters Treaty of 
    1909;
        (2) to prohibit any diversion of Great Lakes water by any State, 
    Federal agency, or private entity for use outside the Great Lakes 
    basin unless such diversion is approved by the Governor of each of 
    the Great Lakes States; and
        (3) to prohibit any Federal agency from undertaking any studies 
    that would involve the transfer of Great Lakes water for any purpose 
    for use outside the Great Lakes basin.

(c) ``Great Lakes State'' defined

    As used in this section, the term ``Great Lakes State'' means each 
of the States of Illinois, Indiana, Michigan, Minnesota, Ohio, 
Pennsylvania, New York, and Wisconsin.

(d) Approval by Governors for diversion of water

    No water shall be diverted from any portion of the Great Lakes 
within the United States, or from any tributary within the United States 
of any of the Great Lakes, for use outside the Great Lakes basin unless 
such diversion is approved by the Governor of each of the Great Lake \1\ 
States.
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    \1\ So in original. Probably should be ``Lakes''.
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(e) Approval of Governors for diversion studies

    No Federal agency may undertake any study, or expend any Federal 
funds to contract for any study, of the feasibility of diverting water 
from any portion of the Great Lakes within the United States, or from 
any tributary within the United States of any of the Great Lakes, for 
use outside the Great Lakes basin, unless such study or expenditure is 
approved by the Governor of each of the Great Lakes States. The 
prohibition of the preceding sentence shall not apply to any study or 
data collection effort performed by the Corps of Engineers or other 
Federal agency under the direction of the International Joint Commission 
in accordance with the Boundary Waters Treaty of 1909.

(f) Previously authorized diversions

    This section shall not apply to any diversion of water from any of 
the Great Lakes which is authorized on November 17, 1986.

(Pub. L. 99-662, title XI, Sec. 1109, Nov. 17, 1986, 100 Stat. 4230.)

                          Codification

    Section was enacted as part of the Water Resources Development Act 
of 1986, and not as part of the Water Resources Planning Act which 
comprises this chapter.


                    Great Lakes Consumptive Use Study

    Pub. L. 100-4, title V, Sec. 521, Feb. 4, 1987, 101 Stat. 88, 
provided that in recognition of the serious impacts on the Great Lakes 
environment that could occur as a result of increased consumption of 
Great Lakes water, including loss of wetlands and reduction of fish 
spawning and habitat areas, as well as serious economic losses to vital 
Great Lakes industries, the Secretary of the Army in cooperation with 
the Administrator, other interested departments, agencies, and 
instrumentalities of the United States, and the eight Great Lakes 
States, was authorized to conduct a study of the effects of Great Lakes 
water consumption on economic growth and environmental quality in the 
Great Lakes region and of control measures that could be implemented to 
reduce the quantity of water consumed, and further provided an 
appropriation of $750,000 for fiscal years beginning after Sept. 30, 
1986, to carry out such study.
    Similar provisions were contained in Pub. L. 99-662, title XI, 
Sec. 1147, Nov. 17, 1986, 100 Stat. 4253.


                Measurements of Lake Michigan Diversions

    Section 1142 of Pub. L. 99-662, as amended by Pub. L. 106-53, title 
V, Sec. 508, Aug. 17, 1999, 113 Stat. 339, provided that:
    ``(a) Beginning October 1, 1987, the Secretary, in cooperation with 
the State of Illinois, shall carry out measurements and make necessary 
computations required by the decree of the United States Supreme Court 
(388 U.S. 426) relating to the diversion of water from Lake Michigan and 
shall coordinate the results with downstate interests. The measurements 
and computations shall consist of all flow measurements, gauge records, 
hydraulic and hydrologic computations, including periodic field 
investigations and measuring device calibrations, necessary to compute 
the amount of water diverted from Lake Michigan by the State of Illinois 
and its municipalities, political subdivisions, agencies, and 
instrumentalities, not including water diverted or used by Federal 
installations.
    ``(b) There are authorized to be appropriated $1,250,000 for each of 
fiscal years 1999 through 2003 to carry out this section, including 
those funds necessary to maintain the measurements and computations, as 
well as necessary capital construction costs associated with the 
installation of new flow measurement devices or structures declared 
necessary and appropriate by the Secretary.''
