The International Joint Commission has responsibility, under the 1938
Convention Between
the United States of America and Canada Providing for Emergency Regulation of
the
Level of Rainy Lake and of the Level of Other Boundary Waters in the Rainy Lake
Watershed
, for determining and avoiding emergency conditions, whether by reason of high
or
low water. In addressing its responsibilities under the Convention, the IJC
established the
International Rainy Lake Board of Control in 1941 and issued its most recent
Order of
Approval, dated January 18, 2001, prescribing a method of regulating the levels
of Rainy Lake
and other boundary waters in the Rainy Lake watershed. The International Joint
Commission
also has responsibilities concerning pollution of the boundary waters of the
Rainy River. These
responsibilities stem from a 1959 reference from the Governments of Canada and
the United
States, made pursuant to the Boundary Waters Treaty of 1909, and the
governments' approval
in 1965 of the Commission's recommendations made in response to that reference.
As a result
of these recommendations, in 1966 the IJC established the International Rainy
River Water
Pollution Board to oversee pollution in the Rainy River. In addition, the
Commission has the
ongoing responsibility to bring to the attention of the governments issues of
potential concern in
the boundary region.
This directive replaces the November 2, 1970, directive to the former
International Rainy Lake
Board of Control. It also replaces the October 21, 1992, directive to the
former International
Rainy River Water Pollution Board. Further, it consolidates these two boards
into one board
known as the International Rainy Board, reporting to the Commission.
The Board's mandate is to help the Commission carry out its responsibilities in
the Rainy River
basin for avoiding the occurrence of emergency conditions, monitoring and
assessing the health
of the basin's boundary waters aquatic ecosystem, and advising the governments
on matters
requiring their attention in the basin.
The Board shall ensure that the owners of the structures at Kettle Falls and
Fort
Frances/International Falls (the Companies) comply with the terms of the Order
relating to the
operation and maintenance of these dams as they affect water levels and flows
in the basin and
that consideration is given to basin ecological concerns in the decision
process. In carrying out
this responsibility, the Board:
shall ensure that the Companies operate the discharge facilities at Kettle
Falls and Fort
Frances/International Falls in such manner that, insofar as possible, the
levels of
Namakan and Rainy Lakes will be as provided in the Order and that consideration
is
given to downstream interests. Furthermore, the Board shall ensure that the
Companies
shall normally target the middle portion of the band and keep the Board
informed in
advance of their intended actions. The Board shall monitor hydrologic
conditions and
the Companies' actions and may provide the Companies with directions for the
operation of their discharge facilities which may from time to time include
instructions to
target levels elsewhere in the band.
shall inform the Companies whenever, in the opinion of the Board, the terms of
the
Order are not being complied with, and shall make such recommendations as it
considers appropriate.
shall report to the Commission, as soon as practicable, any apparent lack of
compliance with the Order, the circumstances in which it occurred, the action
taken by
the Board, and the action, if any, taken by or on behalf of the Companies.
shall inform the Commission as soon as practicable of any circumstances which,
in the
opinion of the Board, may make it advisable to deviate temporarily from strict
application of the Order. Under such circumstances, the Board shall provide its
recommendation as expeditiously as possible and refer the matter to the
Commission
for decision.
may appoint, as it deems necessary, an equal number of persons from both
countries
to assist it in carrying out the duties described in 4 A, B, C, and D. The
Commission
shall be kept informed of any such appointments, which shall be subject to
paragraph
14 below.
The Board shall monitor the water quality and aquatic ecosystem health of the
boundary waters
of the Rainy River basin (upstream of the Rainy River's outlet into the Lake of
the Woods),
maintain awareness of developments and conditions which might affect the water
quality and
ecosystem health of these boundary waters, and alert the Commission to any
existing or
potential boundary waters issues and recommend appropriate strategies. In
carrying out this
responsibility, the Board:
shall carry out such inspections, evaluations, and assessments as the Board
considers
necessary, or as the Commission directs, to ascertain the extent to which water
quality
or aquatic ecosystem health objectives adopted by the two federal governments,
are
being met.
shall work with appropriate regulatory and enforcement agencies to evaluate
whether
the above water quality and aquatic ecosystem health objectives are being met,
obtain
assurance that appropriate and timely corrective action will be taken when such
objectives are not met, and inform the Commission of actions taken and any
further
action the Board deems advisable.
shall review the above water quality or aquatic ecosystem health objectives for
the
boundary waters of the Rainy River basin from time to time and recommend
amendments and additions to them as might be appropriate.
shall identify and notify the Commission of existing or potential problems with
the water
quality or aquatic ecosystem health of the boundary waters of the Rainy River
basin that
may be due to causes other than those specifically targeted by the above
objectives.
Water quality problems caused by pollutants for which Water Quality Objectives
have
not been established shall be identified through a process based on comparisons
of
monitoring data with alert levels selected by the Board as the most stringent
water
quality guidelines being used by local, state, provincial or federal agencies
for such
pollutants.
The Board shall coordinate its activities with appropriate agencies and
institutions both within
and outside the boundary waters of the Rainy River basin as may be needed or
desirable.
The Board shall provide opportunities for the public to be involved in its
work, including at least
one public meeting in the basin each year, shall collaborate with other
organizations in the basin,
and shall facilitate dissemination of timely and pertinent information within
the basin in the most
appropriate manner, including electronic information networks.
The Board shall consist of an equal number of members from each country. The
Commission
shall normally appoint each member for a three year term. Initially the number
of members of
the original two boards shall comprise the new board. Members may serve for
more than one
term. Members shall act in their personal and professional capacity, and not
as representatives
of their countries, agencies, or institutions. The Commission shall appoint a
Canadian and a
U.S. Co-Chair. The Commission will strive to appoint chairs with complementary
expertise
that encompasses a broad spectrum of basin concerns.
At the request of any member, the Commission may appoint an alternate member to
act in the
place and stead of such member whenever the said member, for any reason, is not
available to
act as a member of the Board.
The Co-chairs of the Board shall be responsible for maintaining proper liaison
between the
Board and the Commission.
The Co-Chairs shall ensure that members of the Board are informed of
instructions, inquiries,
and authorizations received from the Commission and also of activities
undertaken by or on
behalf of the Board, progress made, and any developments affecting such
progress.
The Co-chairs may appoint secretaries. Under the general supervision of the
Co-chairs, the
secretaries shall carry out such duties as are assigned by the Co-chairs or the
Board as a
whole.
The Board may establish such committees and working groups as may be required
to discharge
its responsibilities in a knowledgeable and effective manner. The Commission
shall be kept
informed of the duties and composition of any committee or working group.
Unless other arrangements are made, members of the Board, committees, or
working groups
shall make their own arrangements for reimbursement of necessary expenditures
for travel.
The Board shall prepare an initial workplan for Commission approval, and shall
prepare
subsequent workplans as necessary or as the Commission requests. The initial
workplan shall
clearly stipulate the actions the Board intends to take to fulfill its mandate,
the estimated costs
and sources of funding of those actions and the expected deliverables.
The Co-Chairs shall keep the Commission currently informed of the Board's plans
and
progress and of any developments or cost impediments, actual or anticipated,
which are likely
to impede, delay, or otherwise affect the carrying out of the Board's
responsibilities.
The Board shall inform the Commission in advance of plans for any meetings, or
other means of
involving the public in Board deliberations, and report to the Commission on
these meetings in
its annual reports or in other reports as the situation warrants.
The Board shall submit a written annual report to the Commission, at least
three weeks in
advance of the Commission's spring semi-annual meeting, and shall submit such
other reports
as the Commission may request or the Board may desire.
The Board shall produce annual reports in a format suitable for public release
(ideally via a
Board website as well as via printed copy) and shall make annual reports
available to the public
one week following receipt by the Commission unless otherwise directed by the
Commission.
Other reports shall normally be available only to the Commission and to members
of the Board
and its committees or working groups until their release has been authorized by
the
Commission.
Prior to their release, the Board shall provide, in a timely manner, the text
of media releases and
other public information materials to the Secretaries of the Commission for
review by the
Commission's Public Information Officers.
If, in the opinion of the Board or of any member, there is a lack of clarity or
precision in any
instruction, directive, or authorization received from the Commission, the
matter shall be
referred promptly to the Commission for appropriate action.
The Board shall operate by consensus. In the event of any disagreement among
the members
of the Board which they are unable to resolve, the Board shall refer the matter
forthwith to the
Commission for decision.
The Commission may amend existing instructions or issue new instructions to the
Board at any
time.