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Highlights of proposed new Order of Approval

The International Joint Commission (the Commission) is seeking comment on a proposed new Order of Approval for the regulation of water levels and flows in Lake Ontario and the St. Lawrence River through the Moses-Saunders dam at Cornwall, Ontario, and Massena, New York. The Commission proposes to implement a new order after considering public comments and making any changes to the draft order that may be needed. The proposed new order would replace the 1956 Order of Approval that is currently in force.

The proposed new Order:

1. Complies with the rules and principles in Article VIII of the Boundary Waters Treaty of 1909, specifically the order of precedence of uses under the Treaty, which is:
   1. Uses for sanitary and domestic purposes
   2. Uses for navigation and
   3. Uses for power and irrigation purposes.
2. Provides comparable or greater benefits to the interests identified in the 1956 order, which include:
   • Sanitary and domestic
   • Navigation
   • Power
   • Irrigation and
   • Shore property owners.
3. Reduces the risks of shoreline flooding and erosion on Lake Ontario by limiting higher water levels on Lake Ontario during storm seasons.
4. Takes account of the environment and recreational boating.
5. Takes account of new information and the wider range of water supplies that has occurred since 1956.
6. Requires the Commission to conduct a review after two years and to implement a regulation plan based on Plan B+ if the Commission determines that measures to mitigate the additional risk to all interests are in place.
7. Establishes an International Lake Ontario-St. Lawrence River Board to:
   • Manage the regulation plan
   • Set up a monitoring and adaptive management committee
   • Communicate with the public and
   • Carry out other duties for the Commission.
8. Requires the Board to assess system-wide risks in times of extreme high or low water supply conditions. The Board may then seek the Commission's consent to deviate from the regulation plan flows.
9. States that the Commission will develop a directive to the Board that addresses the need for deviations from plan flows during winter operations, emergencies, flood discharges from the Ottawa River, peaking and ponding, and other special short-term situations.

See the full text of the new Order at http://www.ijc.org/
LOSLdocuments/pdf/LOSL_draft_order_e.pdf or by contacting the Commission.

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