International Joint Commission Transcript of Public Hearing International Upper Great Lakes Study Board Final Report Grosse Pointe War Memorial, 32 Lakeshore Drive Grosse Pointe Farms, Michigan Tuesday, July 10, 2012 at 7:00 p.m. LANA POLLACK: (Chairperson, U.S. Section, International Joint Commission): ...so, let’s find my…how about Jim Eggett? JIM EGGETT: Yes. LANA POLLACK: If you’d like to… JIM EGGETT: (inaudible)... LANA POLLACK: Yeah, wait…there, please. Yeah, because this is being recorded and other commissioners who are not on or elsewhere will listen and we’ll listen to their hearings. Thank you. JIM EGGETT: Thank you. I think this is a wonderful opportunity. And I have a Montana connection – my father is from Great Falls. When you think about Montana, it’s the only state that touches three Canadian provinces, what is it, Alberta, Manitoba, and Saskatchewan. RICH MOY (Commissioner, U.S. Section, International Commission): Saskatchewan, Alberta, and British Columbia. JIM EGGETT: Oh, British Columbia. 1 Joint RICH MOY: But you are right. You know, you’re one of the very few people to actually know that. (LAUGHS) LANA POLLACK: Including the Canadians. (LAUGHS) UNIDENTIFIED: I knew that! (LAUGHS) LANA POLLACK: All right, sorry (inaudible)...oops, I forgot you were looking over my shoulder there… JIM EGGETT: And here’s from British Columbia, he’s over there in Vancouver, right? UNIDENTIFIED: I’m keeping an eye on you guys. JIM EGGETT: Okay, my name is Jim Eggett and I am local coordinator, and I am representing Food and Water Watch, although I’ve done issues with the Sierra Club, with Wayne County, Commissioner Killeen (?) and Diane Webb (?). Anyway, I am here today representing the Food and Water Watch and our 116,843 supporters in the Great Lakes region. Food and Water Watch is a national 501 (c) (3) consumers organization that works to ensure that all people have access to safe, affordable, and sustainable produced food and water. The Great Lakes are facing serious, urgent problems including pollution, invasive species, declining fish stocks, eutrophic… LANA POLLACK: Eutrophication. I’ve practiced. (LAUGHS) JIM EGGETT: …and declining lake levels. Now many of the threats facing the lakes are a direct result of private companies being allowed to claim 2 ownership over the lakes. And the Great Lakes are a common resource which deserve to be protected as Sierra (?) Commons and a protected bio-region and public trust. Public trust doctrine declares that the water belongs to the public and should be protected and preserved for the public. I like it when you shake your head – oh, and I love your husband’s work (?) too, by the way. Food and Water Watch, along with our partners at Flow Water and the Manitoulin Area Stewardship, believe that in order to secure a bright future for the people, natural systems and biocommunity of the Great Lakes basin, the IJC should – and I guess this is where we have our little diss – initiate an accelerated review of additional St. Clair River, and possibly the Niagara River, regulation options, including relevant advanced modern technologies – because I know all that is in the study; begin rapid development of a multi-lake regulation and management framework, including a binational regulation board; begin rapid development and implementation of Lake Huron and Michigan management plans similar to the Lake Ontario and the St. Lawrence River plan – as designed to restore more natural fluctuating of water levels; and finally to facilitate and take leadership role – that’s what the IJC should do – in the work begun by the Great Lakes Commission and the Great Lakes and St. Lawrence Cities Initiative to revise the Chicago River diversion. Thank you very much. LANA POLLACK: Thank you very much. I appreciate those thoughtful comments. And I will next ask Andrew…I think it’s Devon (?) ? ANDREW DORMAN: Can I wait? 3 LANA POLLACK: Well, you can wait if you can encourage any of the other people in the room to speak. There are exactly two people who asked to speak, which…like I said, last night we had 30 people and they all spoke, which was interesting. And I invite anybody who wants to reconsider, but maybe you will inspire them to do so. ANDREW DORMAN: Hi, my name is Andrew Dorman (?), I live in Grosse Point Farms. I’m glad we got to have these meetings and share this plan. I had a chance to read the summary, so I was watching the presentation, I’d like to hear some more details about how this new plan is different or improved from the 1977A plan. And I haven’t had a chance to read the full book, but it was pretty general. Is there anything that you could share in some detail for us, to help understand how these little changes…what’s going to be different, that they can react to… LANA POLLACK: Well, let me say we’ll try and…okay, I was going to ask you if you had any other comments or questions before we turn to that. Not to put anybody on the spot, and we have plenty of staff here, but I would ask if either Jonathan…Professor Bulkley or Ms. Phelps (?) would like to comment on that, as members of the Study Board. And if so, can I ask you to come to the mic? I know this is not...you were not coming to… Thank you. Especially since this was…like I said, I didn’t ask you to come to do this. JONATHAN BULKLEY (U.S. Member, International Upper Great Lakes Study Board): Well, commissioners and audience, it is a complex report. We 4 spent five years on this undertaking. And to focus on the differences between the plans, we had nine criteria that we used to evaluate alternative plans. And the idea or the concept and what we tried to put in practice was to ensure that whatever plan is recommended to the commissioners would meet or exceed the benefits associated with Plan 1977A. So exceed or not be any less than, equal or exceed. Now there were I think four criteria that dealt strictly with levels. And so what happened in the study, we developed or the staff developed it was 13 metabasin supply sequences, and these were generated from historic records, from looking at tree rings, all kinds of information to try and get a sense of what the historic basin supplies were from analysis of available information. We had records for 109 years available to us on flows and levels. Some of the flow data and the level data was suspect because the information wasn’t, well, necessarily measured according to Hoyle, but that was the nature of our situation. At any rate, every candidate plan that came up was then subject to each of these meta-basin supply algorithms or databases, and they did it on 109 years of information, on a monthly basis, so you have 12 X 109, something - I should be able to do that in my head – something over 1,200 months of information. And so given those basin supplies, the calculations were done on what would be the resulting levels in Lake Superior, Michigan-Huron, and do they meet these criteria, these nine criteria. And the first four had to do with levels, 5 and either they met them or they didn’t. So that was a way of beginning to eliminate alternative plans. There were also three, perhaps four that had a dollar value associated wit them. And I’ll be truthful, it took me quite a while to figure out exactly what we were measuring and how we were comparing these. And I think the simplest way that I can understand it is that each plan, candidate plan, was compared directly with 1977A. And if the hydrologic…or the hydroelectric benefits calculated by the (inaudible) model exceeded those of 1977A, then that plan would be kept into place. But it had to do it for hydroelectric power production, reduction in the cost of shipping, and also greater shoreline protection. Those were the three. And I’m sorry, I know I’m literally (inaudible) going on here… LANA POLLACK: No, no, we can all see why people pay good tuition to come to Professor Bulkley’s class. Thank you, please go ahead. JONATHAN BULKLEY: Well, maybe…is this beginning to respond to your question, Sir? ANDREW DORMAN: Well, I read the report, I understand that, but I was just curious, you know, they did all the models (inaudible)...not harm, but I was just curious, what things can you recommend, what are they going to do differently or… LANA POLLACK: What’s going to be better? 6 JONATHAN BULKLEY: Well, according to the studies…and believe me, as an engineer, you have to be careful about models, okay? I should have said that upfront, I’ll say it now. You know, this is the very best we could do in the time we had and the information we had. I think it’s fair to say none of us know with certainty what’s going to happen. I would also say I think we have a pretty good feeling that we’ve taken all of the steps we can to mitigate up to now against catastrophes happening. I mean, I strongly hope…well, I support the adaptive management approach because there, we’re going to be watching – or you’re going to be watching, if you proceed with it – what’s going on and see if you can detect additional changes. But the plan selected, (inaudible) Lake Superior recommended, and Lake Superior 2012 has superior hydroelectric benefits, as measured by this study, reduces the cost of navigation in comparison to 1977A, it also reduces the shoreline protection costs. So those were three factors that came into play. Also, I think it’s very important…additional flow meters. We didn’t have meters on the connecting channels. We’ve got four meters now that weren’t there when we started. I mean, we were calculating flows by level and velocity, but now we’re measuring it. 7 The weather stations, one in Michigan-Huron, one in Superior, they hadn’t been there before. So now, for the first time, we’ve got Great Lakes evaporation on the lakes. That’s a very important step. LANA POLLACK: If I can just…tell me if this is accurate, as a member and an academic on the Study Board. What we have is I think – I’ve done a reading on this – three things. Besides the benefits that Mr. Bulkley has enumerated, I think the plan attempts to use current knowledge – which is greater than the knowledge that we had in 1990, when the last adaptation was done – to manage better for the extremes, to anticipate extreme highs and extreme lows and to be prepared for those. It’s essentially a tweaking of it. When they went through all this and a lot of work was done, they didn’t find that the current plan was grossly flawed. They found that they could recommend a plan that they believe will work better in the extremes and better on those three measures by a little bit. But I think it’s fair to say that should the Commission accept this and recommend it to the governments and we move forward with these changes, you’re not going to see huge changes from the operation of a new plan. You may see big changes, but those will probably be driven by climate change and different precipitation and things that are outside our capacity as humans to regulate, at least in the short term. 8 And the other thing that I would say that I got out of this, the reading of this – and I think it’s a gift, well, there’s a couple of big gifts from the Study Board – one is better knowledge and understanding. So there’s just more new science. These are complex systems and this will help us understand them. But the main thing is, the lesson is…there’s an adaptive management section in there, and that means get prepared, folks, for change. That means…and I’m looking at people who have responsibility in local governments for where your water intakes are and how your systems operate and where you allow people to build and what you invest in your shoreline protections or natural soft shoreline protections, all of that should be better informed because of the science that’s contained in here. But there are no big switches that we can throw on a daily or a monthly or a yearly basis that’s going to give everybody what they would ideally like, which is water levels without phragmites at the level of their docks. It’s not within our control, even with the best science and engineering. JONATHAN BULKLEY: Well, Commissioner Pollack, I think you really summarized that very well. One thing I would add is – and something you often do – is look at ice cover in the winter, because that we found has been decreasing, particularly Lake Superior. And so if you have a lack of ice cover and then you have cool or cold, dry Canadian air coming across the border, and it’s just like a sponge, it will just take that lake water up and then deposit it across the lake, and then when it comes to a 9 land mass and rises and snows. But that’s a major factor affecting lake levels, particularly in Superior. And also, I think…I know there are folks who don’t believe in climate change. I’m not one of them. I believe in it and I have for many years, as a result of an Aspen Institute group that I was with many years ago. But we’re in a period of uncertainty now, and I think it’s fair to say that the engineer’s assumption of stationarity, that is everything repeats itself, is one that we really have to be careful about, because I think we’re entering, in my view, the possibility of a new set of factors affecting our weather, our climate, our precipitation, our evaporation, our runoff here in the lakes. One question I always used to ask students, and probably all of you know this, that if you could follow, say, one drop of water deposited in Lake Superior, how long would it take to go to the St. Mary’s River? Just…you know, it’s in years… LANA POLLACK: From…the question is from Superior to the St. Mary’s… JONATHAN BULKLEY: River, yeah, you just (inaudible)... LANA POLLACK: Just, just getting out of Lake Superior. St. Mary’s, not down here. JONATHAN BULKLEY: Yeah. UNIDENTIFIED: 45 (inaudible)... 10 JONATHAN BULKLEY: Hundreds, I’ve got hundreds! (LAUGHS) Yeah, I’ve got a hundred. UNIDENTIFIED: Well, I said hundreds… JONATHAN BULKLEY: Okay, that’s good, that’s even better. Two hundred? LANA POLLACK: Do you want to suggest two hundred? Is anybody suggesting two hundred? JONATHAN BULKLEY: Anybody else? UNIDENTIFIED: A thousand! JONATHAN BULKLEY: Oh, that’s a little bit too much. Roughly, if you could follow that individual particle, about 300 years would be the median time for it to flow out. LANA POLLACK: And how long to get down to Grosse Pointe? JONATHAN BULKLEY: Well, Michigan-Huron, it comes into Michigan-Huron, Michigan is about 125 years, Huron is less, maybe 40 years. So the water that’s passing here now may have been around, goodness, I guess when they were fighting the revolution or… LANA POLLACK: Before, yeah. JONATHAN BULKLEY: (inaudible)... LANA POLLACK: That’s it. With all of that, now is there anybody else that would like to…Kay, would like to come up and offer your impressions of whatever… 11 KAY FELT (U.S. Member, Public Interest Advisory Group, International Upper Great Lakes Study): Of whatever. (LAUGHS) Well, I have a little bit to say about whether this plan is better, but perhaps not in ways people anticipate. UNIDENTIFIED: I’m sorry, but we can’t hear Kay… LANA POLLACK: No, Kay is on her way to the mic. Kay is on her way to the mic so that you can hear, or you will be able to hear. KAY FELT: Okay, thank you. LANA POLLACK: Thank you. KAY FELT: I was privileged to be on the Study Board for the first 3+ years of its operation, through the production of the first report, and I remained on the Public Interest Advisory Group throughout the portion of the study, and I really want to emphasize the importance of that group and the importance of public participation. And if I say nothing else tonight to try to persuade the commissioners, it would be that I would want you to be sure that whatever is (inaudible)...by this point and approved as informed recommendations to governments include very robust public participation, because the public and the people who speak are on the ground, in individual locations. Regulators may, to some degree, they’re more local (?), they happen to be, have their feet on the ground, but some of the national regulators, some of the national scientists who came to talk to us had literally never been into the locations that they were prognosticating about. 12 And so it was having those 20 people from across the basin, who each had an individual perspective and could bring their views to bear, it was an extremely important part of this study. Now the other thing that I want to say about the differences between this plan and 77A are that I am pleased that this plan is not immediately recommending any major changes. Any changes in flows bring uncertainty and unanticipated consequences. One of the things I think we have to recognize is that while we could stay, it would be ideal to go back to conditions that existed 100 years ago. If we were to go back to those conditions, we would find that the environment in which they were reproduced is now very different, because there have been so many changes over the years. We still are having the phenomenon of a part of the basin continuing to rise from the glaciers and another part of the basin, particularly the western side, continuing to fall. And so everything that we might do to change the levels, particularly of Michigan-Huron, could have a dramatic effect on the western side of Michigan - our public interest people from that area were very concerned – and on the whole western shore – Chicago, Milwaukee, Duluth, Duluth in particular, highly at risk. So we need to be really very careful about what we recommend on terms of change and major change is not necessarily, in the form of this study, any better. 13 Now the other thing that would happen if we…and while I am certainly in favour or have always been aware of things that we might do on a total basin management level, I am not in favour of greater structures in any part of the basin, and particularly not affecting the St. Clair River. Certainly, anything we would do in the St. Clair River could have an adverse effect on the western part of the basin in terms of the potential for flooding, but it also, at least for a period of years, would dramatically lower the levels of Lake St. Clair. And if any of you have ever lived with (inaudible), you know that once phragmites get in there, they are almost impossible to get out. And so we need to be very careful as to how we approach the adaptive management concept, of which I am very supportive of, but I think we have to be very careful how it is managed and approached. One of the things that Jonathan referred to that was very frustrating at the beginning part of the study is that we do these studies every 20 to 30 years, and the first part of the study always has been consumed with trying to recreate the data that was not preserved between studies. And so the weather stations, the evaporation gauges, the water flow gauges that were put in are very important to maintain. And one of the things that I think people who have an influence over the financial aspects of each of the governments need to emphasize is we must maintain the money in our respective budgets from study to study to maintain that information, because it just plain costs too much to have to reconstruct it every 14 time we need it again. It’s wasteful to do anything other than to maintain this information and its continued upkeep between studies. Now adaptive management is very important, but different people approach it process-wise, and I’m much more concerned about process than I am about the concepts. Different people approach it process-wise from the standpoint of who is going to be involved in managing it. We certainly need regulators from a wide range of agencies, we need scientists from a wide range of agencies, but we absolutely need – and this is one of the things that the Public Interest Advisory Group gets very adamant about – we need a formalized process for public input, such as a continued Public Interest Advisory Group or new Public Interest Group, such as the fact that my Canadian counterpart and I… I was actually the only true public member because I am not a scientist. My Canadian counterpart is one of the world’s best-known meteorologists, in fact (inaudible)...together the people who formed the IPCC. But he and I were both adamant, as were the others in the Public Interest Advisory Group, about the extreme importance of having the public formally involved, in a real way, in how adaptive management is carried out process-wise. Now…I made some notes and now I’m having a little trouble reading my notes. Let’s see (inaudible)...upset when I take off my glasses. Some of the things that I think are not as prominent in the report…in the video as they are in the report are some of the benefits from the Lake Superior proposed…tentative… 15 UNIDENTIFIED: (inaudible)...we’re back. LANA POLLACK: Okay, good, thank you. Sorry, there was some communication (inaudible). KAY FELT: There are some very interesting things that can happen by managing the flow, particularly…not necessarily its total level and amount, but certainly from the time of day and the days of the week, helping our native fishermen along the St. Mary's River. Also, increasing the potential to control (inaudible). If we increase the flows at night, when the power plants don’t need it (inaudible)... LANA POLLACK: I think you…the lampreys? KAY FELT: The lampreys. LANA POLLACK: The lampreys. KAY FELT: Yeah, I’m sorry, the lampreys. That that is a very important side benefit. And some of the benefits of this new plan are much more subtle than I think were described in the video, and of course there are so many of them that are in the report, and I do encourage you to read it. I think one of the other things that I found very interesting this year is the relationship between ice cover and differential temperature. When it was such a mild winter, there was great fear that we were going to have huge drops in Lake Superior water levels, and the interesting thing is that we did not have the degree of drop that was feared because the temperature differential was not as great since 16 the air temperature was closer than it often is in the winter to the water temperature. And I think all of that emphasizes the extreme complexity of all of this and the need to keep our scientific ears very close to the ground as time goes on because we really don’t know what the outcomes are going to be years from now. And so I would just say that I think that there are a lot of small ways in which 1977A is very helpful, that it certainly is not harmful, and that adaptive management is a good thing if we have good public input, and that we need to keep the financial dollars flowing to continue to collect the data that we’ve always had to recreate between studies. I don’t know if that helps. LANA POLLACK: Helped me. RICH MOY: Thank you. LANA POLLACK: Commissioner Comuzzi or Commissioner Knott, do you have any comments or questions? Two Study Board members here and a room full of smart people. JOSEPH COMUZZI (Chairman, Canadian Section, International Joint Commission): It’s all very interesting, thank you. LYALL KNOTT (Commissioner, Canadian Section, International Joint Commission): Thank you. LANA POLLACK: All right, are there…Tim, Commissioner Killeen? TIM KILLEEN (Wayne County Commissioner): Thanks, Lana, and commissioners of the IJC. I have not had a chance to review this. I did not put 17 down on my comment card that I wanted to have comments, because I know how specific it is, but I do want to make a few comments of a more global nature about the (inaudible) Great Lakes. In my past, I’ve been the political chair for the Sierra Club in the State of Michigan, and my academic background is in biology and geology, so I very appreciate the complexities that the IJC faces in managing natural systems that we do not wholly understand. And listening to the engineer, models are only good as your knowledge, and we have incomplete knowledge here and incomplete data. And we are dealing with…and so in my geology background, I think of time, and 109 years of monthly data for a system that is measured more in millennia than it is in months is a very difficult proposition. That’s why to hear Ms. Felt raise the issue of glacial rebound and how that’s affecting and whether we can really factor that and all of the other factors here… So, and since we have heard also that we do have this incomplete knowledge and we don’t know how things are going to be in 100-150 years, I guess, to the Commission, then to the commissioners, what I would say is – and I’m sure everybody has heard this a million times – if you start tinkering with natural systems, then you’ve got to tinker to fix what you’ve tinkered with, and then you’ve got to tinker again to fix what you tinkered with. 18 And so I’m encouraging a conservative approach here by the IJC, not to overregulate and not to make too many changes. I am glad to hear the changes in the plan, from what I understand, are relatively modest changes. But on a more global scale, I think one of the threats to the Great Lakes, one of the biggest threats to the Great Lakes was the opening of the St. Lawrence Seaway and access by the ocean (inaudible). I didn’t get a chance to ask here, but there was a lot of talk about navigation and maintaining navigation for the lakes. Is that for the sea boats? Is that (inaudible)...here? LANA POLLACK: Well, the treaty under which the Commission exists is explicit in that navigation is one – not the only one, but one – interest that needs to be considered in balancing our management practices. But we also consider recreational boating. We also consider, you know, the full ecological spectrum. That was not explicit in the Treaty in 1909, but today… TIM KILLEEN: But discussion we’ve heard tonight, Lana, of navigation, that’s for the deep draft freighters… LANA POLLACK: When you hear that language, that is exactly right, that’s referring to commercial, deep-draft cargo movement. TIM KILLEEN: Actually, I have Great Lakes merchant marine in my background also (inaudible)...freighters. So I would say there I would not mind at all focusing on the St. Lawrence and all of the threats that that brings into the Great Lakes. And as a local elected official, I’ll vote for the economic 19 development to put everything on the trains and run it through the Great Lakes that way. However, but this is an indication of just the complexity of what you’re dealing with and the interests and the powerful interests that you’re dealing with. Absolutely, everyone wants the shoreline to be the same year after year after year after year, and that’s certainly not 100 per cent reasonable that that can be done. So I appreciate the effort of the International Joint Commission and once again, I would encourage that since we are operating in very complex systems, with incomplete knowledge, that a conservative approach I think is the better approach. So thank you for having me. LANA POLLACK: Thank you, thank you very much. UNIDENTIFIED: Can I just ask Mr. Killeen a question? LANA POLLACK: Yes, you can ask him the question and I am going to repeat it on the mic so that you don’t have to get up and they can hear. UNIDENTIFIED: I just wondered if he’s checked at the map and noticed that if we put everything on a train, it would probably come down past Chicago and bypass Detroit (inaudible)... LANA POLLACK: Oh, the question is about the routing of the trains and where that would go and what the impact would be on the impacts of this region, and that was a question for Mr. Killeen. TIM KILLEEN: Exactly, and to that, I’d say you’re asking a political…to make a political statement there. I think it’s the strength of the relative 20 delegations from the states and Washington to determine where those train tracks go, so… But yeah, again, I just think that that has done so much damage to the Great Lakes, the opening of the St. Lawrence Seaway. It’s just done enormous damage. What are we down to, like, 20 per cent of our species in the lakes now, our native species, and 80 per cent are not, and that’s just caused tremendous problems. LANA POLLACK: It’s a separate issue that… TIM KILLEEN: It’s a separate issue (inaudible)... LANA POLLACK: …is somewhat beyond the scope of this particular study. However, I will say that the IJC has been involved with a collaborative effort with many interests, includes navigation, includes environmentalists, includes all of the states and the provinces, on the ballast water issue. So that falls a little short of your suggestion to close the Seaway, but it does address the issue associated with that. TIM KILLEEN: Well, since there were commissioners here and around the country, I wanted to take the opportunity to (inaudible)... LANA POLLACK: Okay, thank you very much. We welcome all comments. TIM KILLEEN: Thank you. LANA POLLACK: Indeed, we welcome your comments. anybody else? Yes, Ma’am? 21 Is there TINA REILLY-HUMPHREY: Good evening, commissioners, public officials. My name is Tina Reilly-Humphrey. I am a writer with (inaudible) Detroit.com, we are the amazon (?) (inaudible). LANA POLLACK: Speak really into that mic so they can hear you all the way out in Vancouver. TINA REILLY-HUMPHREY: All right. I was saying we are the amazon green (?). If and when the recommendations are put in place, can you speak to whether or not there are some implications for jobs and careers along the waterbase, small business opportunities either, I guess, directly or indirectly, in working through or with other partners like the EPA or the GLRC and those kinds of things? LANA POLLACK: Well, I may turn also to the members of the Study Board, but I can say indeed that the economics of all of these different elements were indeed considered or are indeed considered important. So we know that there are economic impacts of shipping but there are equally important economic impacts of protecting the environment or allowing the environment to be denigrated or dismissed or… So indeed, I think the effort to work towards as much stability in a very uncertain world is very much supportive of economic health and development. One thing that the economy does poorly is respond to surprises and uncertainties. Although we recognize in this report that there’s a great deal of uncertainty, the encouragement of adaptive management is consistent with your 22 concerns, that is to say let’s look at what we know, let’s be prepared for it, let’s make our investments so that they’re smart, consistent with what we can anticipate, and so that the damage and changing environment will be minimized and the opportunities maximized. TINA REILLY-HUMPHREY: Thank you. LANA POLLACK: Thank you. Do we have anybody else who would like to speak? BOBBIE FILENDA: Uh, yes. LANA POLLACK: Yes? Thank you. BOBBIE FILENDA: Hi, my name is Bobbie Filenda (?) and I am from Port Huron. And I just have a question on something I just read in this release from March 28th (inaudible) tonight. I heard that putting restored structures in the St. Clair River might be helpful, but in here it says they’d result in adverse effects and I’d just like to know what those might be? LANA POLLACK: Well, this will not be a comprehensive answer, and I encourage you very much to go to the website and get fully informed, but there are many environmental questions associated with it. The first one that comes to mind is the loss of sturgeon habitat. But beyond that, Ms. Felt said that if you are raising the water, at least on a temporary basis, if you are building these things to raise the water behind or uplake of these structures, you’re going to lower (?) them, at least temporarily, in 23 Lake St. Clair, and lower lake levels in Lake St. Clair are generally considered undesirable. But for the real answers, I really encourage you to read the report. And if anybody here, either staff or Board members or commissioners would like to add to that answer, I’d be happy to hear from you. Go ahead, come to the mic, sure. Oh wait, just a second. BOBBIE FILENDA: I’m sorry. LANA POLLACK: No, just hang on, don’t go away. We’re going to hear from, I think, Paul Pilon in Ottawa, who is a scientist who is staff to this Board. So we’ll hear from him and then we’ll go back to you. Go ahead, Paul. PAUL PILON (Engineering Advisor, Canadian Section, International Joint Commission): Hi, it’s Paul Pilon, in Ottawa, Canadian Section Engineering Advisor. Some of the…the place to start would be to refer to the report, as Chair Pollack has mentioned. But as Kay Felt had pointed out, I believe, in her comments, there are a number of impacts, and one is the potential lowering of water levels immediately downstream, say if a structure was placed in the St. Clair River. So Lake Erie would have, for example, lower water levels in downstream, through the St. Lawrence, would result in lower water levels and water available because it would be raising the waters of Lake Michigan-Huron, for example. And if you’re raising the Lake Michigan-Huron, you then could potentially be flooding, as was mentioned, the western portion of Michigan, while the eastern 24 portion of Lake Huron would be rising. So there’s consequences on water levels upstream. As well, one thing that was found in one of the environmental workshops was that a lot of the area of the St. Clair River, particularly where they were looking at potential structures, are an excellent spawning location for lake sturgeon, which are an endangered species, and so there would be environmental consequences that would have to be seriously considered if something like this were going forward. And I believe that was also summarized in the report. But those are some of the immediate consequences that come to mind. LANA POLLACK: Thank you, Paul. PAUL PILON: Thank you. LANA POLLACK: Thank you very much. BOBBIE FILENDA: Yes, thank you, I will read the report. One other thing I did hear was that by putting these structures in the river, it would decrease the flow rate, and I’m not sure just… LANA POLLACK: Paul, would you like to comment on that? PAUL PILON: Yes, thank you. That’s what I was referring to, in terms of Lake Erie would immediately start to have less water arriving, because if you have built a structure and the intent was to increase the upstream water level, you’re storing the water, not allowing as much water as would naturally have flowed out of Lake Michigan-Huron to go downstream. 25 So you would be decreasing Lake Erie levels and flows down the Detroit River as well and further downstream as well. If you put in structures as well and if you are trying to more tightly regulate them, the other consequence is that you may have to increase the discharge capacity of the rivers so that if some very large event is happening and you’re not wishing to flood upstream, you’re wanting to evacuate the water, so you might actually be exceeding the previous discharges that were there. So there’s all kinds of complications that would have to be analyzed in a feasibility study that would be more in depth than what the actual study had looked at, to assess the various aspects and consequences. Thank you. LANA POLLACK: Thank you. Are there other comments or questions? Yes, Sir? UNIDENTIFIED: In this adaptive program, I’m curious, right now there is, under 77A, how is the controlling done? Is there a group that monitors this and reacts to changes? LANA POLLACK: Yes. UNIDENTIFIED: And that’ll continue with the new plan? LANA POLLACK: Paul, do you want to explain the structure of the current board? PAUL PILON: Yes, thank you. Currently there is a Lake Superior Board of Control and they oversee the situation on a constant basis on Lake Superior and downstream. 26 And as well, I believe there is a recommendation from the Study Board that an advisory board on water levels also be fashioned or created to help coordinate information on the Great Lakes and oversee adaptive management, etc., and that’s mentioned in the report. So in essence, the way the regulation plan works is it tends to be very automatic. It knows what the levels are, it knows what the flows are, etc., and it basically signals what the releases should be from Lake Superior, and those are set on a monthly basis. And if, for whatever reason, emergency conditions would arise, for example an electrical failure, a blackout that had happened, for example, in portions of the basin some years ago, the Commission has given emergency management to that board to make rapid changes so that there isn’t a bureaucracy stepping in between what needs to be done and the people who know what needs to happen. So that is in there. One thing that isn’t being recommended is what they termed discretionary authority, which means that the Board can decide to do what it wishes to do as time goes by. Such authority has been given to the…excuse me, the International St. Lawrence Board of Control for the management of Lake Ontario, but that is a different situation in Lake Ontario in terms of how rapidly things can change and how they may have to make deviations due to those changes to offset how the plan works. 27 So in Lake Superior, things, I would say - and you had asked an earlier question in terms of what’s different with the new plan – by and large, there is very little difference to an observer watching the levels of Lake Superior. The big differences will come when there is a drought that is worse than any drought that we’ve actually seen in our recorded history on Lake Superior, and what that will do is raise water levels higher in Lake Superior than would have occurred during the operation of Plan 1977A as well. So that’s one of the big changes. The other changes that will be occurring, they’re asking for more moderate changes to the gate (?) structures at the Sault so that they don’t change as rapidly as currently occurs with the existing plan. That is also creating a plan that is more natural, that more mimics what the natural flows should be within the system. Environmentalists tend to appreciate natural flow conditions rather than regulated flow conditions for the environment, although the study I don’t think had found any environmental benefits or it hadn’t turned up environmental benefits on that regard. But they know that usually, the consequences on the environment are positive. So those are some of the features of the new plan. And as someone who was working on it had said, that if you actually were sitting on the shore of Lake Superior, in all likelihood, you would never see or be able to say that this is the 28 new plan versus the old plan. It basically is following things very, very similarly, except when the extremes happen. UNIDENTIFIED: This, the oversee board, is this a mixture of both Canadians and Americans that are participating? LANA POLLACK: Yes, everything we do. Paul Pilon is our Canadian engineering advisor and we have Mark Colosimo. We are joined at the hip and binational all the way. UNIDENTIFIED: Thank you, thank you so much. PAUL PILON: I was going to ask if Mark wanted to add comments to that (inaudible)... LANA POLLACK: Mark, did you want to…he is shaking his head and saying no, Paul. You guys have discussed this enough that you tend to give the same answers, which I think is a good thing. Is there any other question or comment that you would like to offer this evening? Yes, Kay Felt. KAY FELT: You might just tell them that you are going to be on Great Lakes Log the week after next… LANA POLLACK: Oh, yes. KAY FELT: And (inaudible)... LYALL KNOTT: Could you repeat that please? LANA POLLACK: Ms. Kay Felt is saying that…I was interviewed in the local community cable program and it’s going to be on the week after next… KAY FELT: Great Lakes Log. 29 LANA POLLACK: Great Lakes Log, for people who are local to this region. I don’t think that gets all the way to Vancouver, but it should. (LAUGHS) Lyall Knott, you’re missing out there. But for people who are local, there is a further discussion of this the week after next. Once again, let me just…let me thank the very competent staff. Let me give special thanks to the two board members who we’re fortunate to have here this evening. It’s a special treat that won’t happen at any of the other meetings. And let me thank and ask my colleague here if he has anything he would like to add, Rich Moy. RICH MOY: I really don’t. I think everything was covered quite clearly. And I think it’s been said over and over that this new plan is very close to the 1977 plan except for extreme drought conditions, then it tries to mimic the natural hydrograph more than the existing plan does, and those are clearly benefits. When you mimic the natural hydrograph, there is a clear benefit for hydro power production and for navigational interests, because they have better information in front of them for making decisions. And besides that, I think everything has been very clearly stated, and I thank you. LANA POLLACK: Thank you. Lyall Knott, Commissioner Knott? LYALL KNOTT: I’d just like to echo your comments, Lana, on the work of the board and to thank them very much for their service not only to their 30 country, but their binational service and the service to the Great Lakes. Thank you. LANA POLLACK: Thank you. And Chair Comuzzi, would you like the last word? JOSEPH COMUZZI: No, I agree with everything that’s been said. (LAUGHS) LANA POLLACK: All right…wait, wait, one more last word is going to the man from Montana. RICH MOY: There’s one more comment, and it was made clear that this was a $20 million, five-year study that (inaudible)...enormous amount of data that was collected, and it’s been made really clear that we need to make sure we preserve this database and if we collect additional monitoring data to add onto it for adaptive management, and that’s something that governments need to hear. Because when you try to go back, 25-30 years from now, and reconstitute this database, it’s going to be extremely expensive. And so one of the things the International Joint Commission would love to do is to make sure that we can maintain the continuity of this data that’s already been gathered and been standardized across both jurisdictions or all jurisdictions and then be able to continue into the future. LANA POLLACK: And I would just like to say thank you, and in addition say that if $20 million sounds like a high figure, it’s because it is a lot of money. However, if you think of the 45 million people who depend on the Great 31 Lakes, the number of us who live in very close proximity of the lakes, the number of people whose livelihood depends on being able to live in harmony with those lakes, and then if you consider that there is a great deal of new understanding that will be helpful as we face climate change uncertainties, if we treat this information respectfully and if we, at all levels of government and in our personal commercial decisions, make them in light of this new information, then it’s a bargain, it’s a bargain. So we encourage you to go to this report for specific things that are of interest to you, in your lives, and to know that this report will remain up in years to come. Whatever decisions we make, the science and the information will be important to all of us. So once again, thank you all. (APPLAUSE) ***** 32