Considering Change: International Regulation of the Lake Ontario - St. Lawrence River System

Abstract

The Lake Ontario – St. Lawrence River system is influenced by a dam spanning the St. Lawrence River between Cornwall, Ontario, and Massena, New York. The dam was built and subsequently operated in accordance with a 1952 Order of Approval, amended in 1956, issued by the International Joint Commission, a binational U.S.-Canada organization created by the Boundary Waters Treaty of 1909. In establishing the current operating regime, the existing Order of Approval considered uses of water for domestic and sanitary purposes, for navigation, and for hydropower. It also provided benefits for upstream shoreline property owners through reduced lake level fluctuations while providing protection for downstream property owners through provisions for considering water level and flow conditions that would have existed had the structure not been built. The International Joint Commission is considering whether or not to change the operating regime for the Lake Ontario – St. Lawrence River system, including the Order of Approval, to address such things as recreational boating interests and environmental issues and to take into account knowledge gained over the past 50 years and technological advances. This paper describes the Commission’s decision process, from the establishment of a Study Board and Public Interest Advisory Group to conduct a fiveyear binational study, to consideration of independent review, obtaining public input, consulting with the U.S. and Canadian governments, leading to a Commission decision.