By KEVIN WALKER
Michigan Correspondent

WASHINGTON, D.C. — The U.S. House has ratified the eight-state Great Lakes Compact, an agreement that’s designed to prevent large-scale water diversions and withdrawals from the Great Lakes.
The recent vote in the House was 390-25; the Senate previously ratified the measure in August. President Bush signed it into law on Oct. 3.

Michigan Democrat Rep. Bart Stupak was one of only a few members of Congress to vote against the pact. He’s concerned about a loophole in the agreement that will allow water-bottling companies to divert water from the lakes as long as they are in small containers.

“I could not in good conscience vote to ratify the Great Lakes Compact until concerns over the commercialization and privatization of Great Lakes water have been addressed,” Stupak said in a news release just after the House voted Sept. 23. “There was no reason to rush this compact through Congress in 20 legislative days without a hearing while questions remain.”

Before the ratification passed, Stupak tried to have language inserted into the legislation that would have clarified what the compact is all about and strengthened the protections that are already provided against water diversion. He’s also concerned that a federal definition of the Great Lakes as a “product” might subject these waters to rules under international agreements, such as NAFTA.

Timothy Eder, executive director of the Great Lakes Commission – a public agency that has helped shepherd the compact on its way to ratification – believes Stupak’s concerns are unfounded.

“The compact prohibits diversions,” Eder stated flatly. “The concern about water diversions was discussed and evaluated at all levels. The experts believe those concerns have been addressed.
“The compact is about how we manage the water responsibly. Water is our ace in the hole for the region.”

The Michigan chapter of the Sierra Club also supported passage of the compact.

“We agree it’s not a perfect document, but it does what it’s supposed to do,” said Rita Jack, clean water program director for the group.

“It prevents diversion of water from the Great Lakes. The document doesn’t address bottled water the way we’d like it to.”

David Naftzger, executive director of the Council of Great Lakes Governors, said it’s unfortunate that some members of Congress couldn’t support the compact, but the Council worked with them and staffers over a five-year period to address any problems. He said the council consulted with trade law experts, water law experts and others to make sure the compact would prevent unwanted water diversions.

“These questions were all addressed over a very long period of time,” Naftzger said. “We had a series of briefings for members and their staffs. We worked really hard to achieve a consensus.”
Stupak’s district, in Michigan’s Upper Peninsula, has 1,613 miles of shoreline and is the only Congressional district in the nation that borders three of the five Great Lakes.

Others voting against the compact included Ohio representatives Marcy Kaptur of Toledo and Dennis Kucinich of Cleveland, both Democrats, whose districts border Lake Erie.