Realizing the Promise of the Great Lakes Compact: A Policy Analysis for State Implementation

Abstract

This article provides an overview of the Great Lakes as both a shared commons and a public trust. It outlines the challenges facing management of any commons and highlights the importance of the Public Trust Doctrine as a way to manage shared waters. This provides a backdrop for understanding and assessing the agreements and laws the Great Lakes States and Canadian Provinces have created to manage the Great Lakes Basin. The article starts with the Boundary Waters Treaty of 1909 and ends with the Great Lakes-St. Lawrence River Basin Water Resources Compact and Agreement of 2005 (Compact), identifying progress and gaps. The author offers four areas where states can take action to improve the Great Lakes Compact, and assesses the water supply issues in Waukesha, Wisconsin, where the first request to divert water out of the Great Lakes under the Compact is projected.