Section 15-1601. Legislative findings and declarations  


Latest version.
  • 1. The legislature finds and declares that:
        a.  All  the waters of the state are valuable public natural resources
      held in trust by this state, and this state has a  duty  as  trustee  to
      manage  its  waters effectively for the use and enjoyment of present and
      future residents and for the protection of the environment.
        b. The Congress of the United States, in Public Law 99-662, has  found
      and declared that:
        (1) the Great Lakes are a most important natural resource to the eight
      Great  Lakes states and two Canadian provinces, providing a water supply
      for  domestic  and  industrial  use,  clean  energy  through  hydropower
      production,  an  efficient  transportation mode for moving products into
      and out of the Great Lakes region, and recreational uses for millions of
      United States and Canadian citizens;
        (2) the Great Lakes need to be carefully managed and protected to meet
      current and future needs within  the  Great  Lakes  basin  and  Canadian
      provinces;
        (3)  any  new  diversions  of Great Lakes water for use outside of the
      Great Lakes basin  will  have  significant  economic  and  environmental
      impacts, adversely affecting the use of this resource by the Great Lakes
      states and Canadian provinces; and
        (4)  four  of the Great Lakes are international waters and are defined
      as boundary waters in the Boundary Waters Treaty  of  1909  between  the
      United  States  and Canada, and as such any new diversion of Great Lakes
      water in the United States would affect the relations of the  government
      of the United States with the government of Canada.
        c.  The  Congress  of  the United States has established a purpose and
      policy in Public Law 99-662:
        (1) to take immediate action to protect the limited quantity of  water
      available  from the Great Lakes system for use by the Great Lakes states
      and in accordance with the Boundary Waters Treaty of 1909;
        (2) to prohibit any diversion of  Great  Lakes  water  by  any  state,
      federal  agency, or private entity for use outside the Great Lakes basin
      unless such diversion is approved by the governor of each of  the  Great
      Lakes states; and
        (3)  to  prohibit any federal agency from undertaking any studies that
      would involve the transfer of Great Lakes water for any purpose for  use
      outside the Great Lakes basin.
        d.  The  interbasin diversion and consumptive use of the waters of the
      Great  Lakes  basin  may  have  a  significant  adverse  impact  on  the
      environment, economy and welfare of this state.
        e.  Increased  attention  to  conservation  and management measures is
      necessary to ensure the protection of the  waters  of  the  Great  Lakes
      basin.
        f.  The  waters of the Great Lakes basin are a valuable public natural
      resource and the states and provinces of the Great Lakes region and  New
      York state share a common interest in the preservation of that resource.
        g. The waters of the Great Lakes basin are interconnected and are part
      of a single hydrologic system.
        h.  The  continued  availability  of  water  for  domestic, municipal,
      industrial and agricultural water  supplies,  navigation,  hydroelectric
      power  and  energy  production,  recreation, the maintenance of fish and
      wildlife habitat and a  balanced  ecosystem  are  vital  to  the  future
      economic  health  of  the states and provinces of the Great Lakes region
      and to New York state.
        i.  Without  careful  and  prudent   management,   future   interbasin
      diversions   and   consumptive  uses  of  Great  Lakes  water  may  have
    
      significant adverse impacts upon the environment, economy and welfare of
      the Great Lakes region and of New York state.
        j.  All  of  the states and provinces of the Great Lakes region have a
      duty to protect, conserve and manage their shared  water  resources  for
      the use and enjoyment of present and future residents.
        k.  The  states and provinces of the Great Lakes region have the right
      to represent and protect their rights and interests  in  the  water  and
      other  natural resources of the region in which the state or province is
      located.
        2. The purposes of this title are to:
        a. Protect and promote the conservation and management of  the  waters
      of the Great Lakes basin.
        b.  Provide  a first step towards the implementation of the principles
      of the Great  Lakes  charter  and  of  the  state's  commitment  to  the
      principles and programs identified in the charter.
        c.  Require  registrations  of  major withdrawals of the waters of the
      Great Lakes basin.
        d. Authorize cooperative and coordinated action with other states  and
      provinces to conserve and protect the water resources of the Great Lakes
      basin.
        e.  Authorize  this  state  to  act to protect its rights when certain
      existing or proposed water losses, whether inside  or  outside  of  this
      state,  threaten to affect the level, flow, use or quality of the waters
      of the Great Lakes basin.
        f. Establish a  procedure  by  which  the  governor  will  approve  or
      disapprove,  as  required  by  Public Law 99-662, of proposed interbasin
      diversions of Great Lakes water.