Donahue, Michael J.

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Digital Commons @ University at Buffalo School of Law

Buffalo Environmental Law Journal Volume 1 Number 2 Article 10 10-1-1993 Symposium: Developing Water Management in the Great Lakes Region: Introductory Remarks Michael J. Donahue Follow this and additional works at: https://digitalcommons.law.buffalo.edu/belj Recommended Citation Michael J. Donahue, Symposium: Developing Water Management in the Great Lakes Region: Introductory Remarks, 1 Buff. Envtl. L.J. 281 (1993). Available at: https://digitalcommons.law.buffalo.edu/belj/vol1/iss2/10 This Symposium is brought to you for free and open access by the Law Journals at Digital Commons @ University at Buffalo School of Law. It has been accepted for inclusion in Buffalo Environmental Law Journal by an authorized editor of Digital Commons @ University at Buffalo School of Law. For more information, please contact lawscholar@buffalo.edu. INTRODUCTORY REMARKSMICHAEL J. DONAHUE*The Great Lakes St. Lawrence Basin enjoys global prominence forits virtually unfathomable expanse and corresponding complexity. TheBasin contains some 85 trillion gallons of fresh surface water; a full 20%of the world's supply. The five Great Lakes, which comprise the Basin,are among the fifteen largest fresh water lakes in the world.Collectively, the Lakes and their connecting channels comprise theworld's largest body of fresh surface water. They lend not onlygeographic definition to the region, but help define the region'sdistinctive socio-economic, cultural, and quality of life attributes as well.Historically, the sheer magnitude of the Basin fostered the viewthat its water resources were inexhaustible, infinitely accommodating ofpollutant inputs, and somehow insulated from the consequences ofdecades of use and abuse. Indeed, its expansiveness and resiliencybelied its fragility. This fact is reflected clearly in the legal,institutional, and management framework that has characterized GreatLakes/St. Lawrence governance over the decades. This framework isfundamentally oriented toward managing an abundant resource, whileaffording issues of water scarcity only cursory attention at best.This philosophy, by necessity, is now beginning to change.Pronounced lake level fluctuations in recent years have sensitized GreatLakes/St. Lawrence Basin managers and user groups to issues ofscarcity as well as overabundance. Global climate change scenarios havehighlighted the consequences of the latter. Problems of localized surfaceand groundwater contamination have showcased a supreme irony: lackof accessibility to potable water amidst the world's greatest supply.Furthermore, intensive and often competing uses have dispelled anyremaining myths characterizing Basin water resources as inexhaustibleand infinitely forgiving of human transgression. We have come torealize that even minor stresses on the resource can have lastingimpacts upon its sustainable use, development, and protection. Thenotion of "ecosystem management" has begun the long journey fromconcept to reality. Integration of laws, policies, and programs Basinwidehas become the driving force for that journey.Is the present legal framework for Great Lakes/St. Lawrencegovernance capable of embracing emerging issues in resourcemanagement and environmental protection? Does it lay the groundworkfor implementing principles of ecosystem management, does it merely* Ph.D., Executive Director Great Lakes Commission.282 BUFFALO ENVIRONMENTAL LAW JOURNAL [Vol. 1tolerate their implementation, or does it actually constitute an obstacle?These are questions that demand answers.The Great Lakes Commission, an interstate compact agencyfounded in state and federal law, is dedicated to promoting informedpublic policy decisions on the use, management, and protection of theBasin's water and related land resources. As such, it has a fundamentalinterest in the legal framework for Basin governance: its historicaldevelopment, present status, and future needs. The Great LakesCommission demonstrated its interest in May, 1992 by sponsoring aspecial symposium on Great Lakes/St. Lawrence legal issues at its Semi-Annual Meeting in Chicago, Illinois. Three topics were selected tohighlight the myriad legal issues and opportunities confronting theGreat Lakes St. Lawrence Basin today:* Professor Robert H. Abrams, of Wayne State University'sSchool of Law, characterized legal issues associated withgroundwater management.* Daniel A. Injerd, of the Illinois Department of Transportation,reviewed the fascinating history and current status of waterquantity management, particularly in the context of LakeMichigan Diversion at Chicago and its storied legal history.* Thomas D. Crandall, Dean of the University of Toledo'sSchool of Law and founder of its new Legal Institute for theGreat Lakes, spoke of opportunities to direct the Basin'sconsiderable legal expertise at current and emerging legalissues in the Basin.Papers associated with each presentation are featured here as amodest introduction to Great Lakes St. Lawrence legal issues that areperplexing, challenging, and, above all, vitally important to the futureof Basin governance.The Great Lakes St. Lawrence Basin has been rightfully describedas the world's greatest freshwater laboratory for scientificexperimentation. I would argue that it is also the world's greatestlaboratory for legal and institutional experimentation. What we learnhere and apply here will shape our system of Basin governance and,indeed, the very future of its resources and those who rely upon them fortheir health, economic well-being, and quality of life.

Symposium: Developing Water Management in the Great Lakes Region: Introductory Remarks

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Symposium: Developing Water Management in the Great Lakes Region: Introductory Remarks

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