Revision as of 14:19, 13 May 2013

Summary

The United States and Canada share a 5,000 mile border, crossed by over 150 rivers and lakes (Hall, 2007). The flow of transboundary rivers is surprisingly even, with about half flowing into each country Lemarquand, 1986), which creates what would presumably be an ideal environment for excellent transboundary relations. U.S.-Canada Transboundary waters have been managed largely successfully since the signing of the Boundary Waters Treaty of 1909 (BWT). One especially important part of the success of the BWT was the creation of an independent fact-finding organization called the International Joint Commission (IJC). Recent growth in population, economic activity, environmental impacts and land development along both sides of the border have led to rising tensions over shared water resources. Though after more than 100 years the BWT has successfully prevented and resolved many disagreements, unresolved disputes and contentious issues have occurred, and may grow more frequent as economic pressures rise along the border. The Columbia River Agreement and Devil’s Lake Outlet are two particularly clear cases which continue to put strain on the transboundary water relations of the two countries.

Natural, Historic, Economic, Regional, and Political Framework

Background

The U.S. and Canada share many water resources which cross their shared border, including four out of five great lakes and the St. Lawrence River, making up the world’s largest surface freshwater system and providing 95% of the fresh surface water available in the United States (Great Lakes Commission, 2003). Management of these resources became necessary in the late 19th and early 20th centuries, when conflicts began to arise over navigation and use of the water in the great lakes. In 1909, the Boundary Waters Treaty (BWT), a comprehensive treaty governing the management of shared water resources by both countries, was signed. A key part of the BWT was the establishment of the International Joint Commission (IJC), which was created to be a neutral source of information, investigation, and advice for both countries in managing their shared water resources fairly. Interestingly, most attempts at resolution of conflicts in the Great Lakes region have been successful, while those in the prairie region (North Dakota, Montana) have led to unresolved conflicts (Heinmiller, 2008).

The Problem

The Boundary Waters treaty is unique in the breadth of ecological, political and economic situations it covers. It has generally been successful in solving transboundary water disputes between the U.S. and Canada, but 100 years after its initial signing it is unclear if it can properly address transboundary water issues in a new economic, environmental and political context. In the case of the Devil’s Lake outlet dispute, political sentiment in North Dakota may be responsible for hasty decision-making which led to transboundary water disputes. The potential for new conflicts in all regions of the border is growing as populations and industry grow, bringing with them disagreements over environmental and trade policy. Key issues like the equity of the Columbia River Treaty and the Devil’s Lake Outlet have further contributed to the tension between the two states (Schindler and Hurley, 2004).

Attempts at Conflict Management

The Boundary Waters Treaty has led to several agreements and treaties between Canada and the U.S., including the Trail Smelter Arbitration (1941), Columbia River Treaty (1961), Great Lakes Water Quality Agreement (1972), and the Great Lakes-St. Lawrence River Basin Water Resources Agreement (2005).

Issues and Stakeholders

General issues Responsible and equitable use of shared water resources between the U.S. and Canada. Issues include water pollution, hydropower and flood control, control of invasive species, and first nation rights.

The Devil's Lake Outlet

Issues: Frequent flooding in a basin in North Dakota necessitated the construction of emergency outlets which drain to the Sheyenne River, risking the ecological integrity of downstream biotic communities in Canada. Management solutions have been largely unsuccessful to the present, and flooding continues.

Stakeholders: The town of Devil’s Lake, U.S. Army Corps. of Engineers, The State of Manitoba (Canada), The States Minnesota and North Dakota (U.S.), traditional and commercial fishermen of the Sheyenne and Red rivers, International Joint Commission.

The Columbia River Treaty

Issues: Frequent flooding in a basin in North Dakota necessitated the construction of emergency outlets which drain to the Sheyenne River, risking the ecological integrity of downstream biotic communities in Canada. Management solutions have been largely unsuccessful to the present, and flooding continues.

Stakeholders: The town of Devil’s Lake, U.S. Army Corps. of Engineers, The State of Manitoba (Canada), The States Minnesota and North Dakota (U.S.), traditional and commercial fishermen of the Sheyenne and Red rivers, International Joint Commission.

Outcome

Most transboundary agreements between the U.S. and Canada have ended favorably for both countries. Interestingly, most attempts at resolution of conflicts in the Great Lakes region have been successful, while those in the prairie region (North Dakota, Montana) have led to unresolved conflicts (Heinmiller, 2008). Distrust and tension over decisions like the Columbia River Treaty and Devils Lake Outlet project area a source of continuing irritation to water management relations between the two countries. The possibility for new points of conflict continues to grow.

Analysis, Synthesis, and Insight

ASI:The International Joint Commission as a model mechanism for transboundary water relations

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Contributed by: Charles van Rees (last edit: 17 May 2013)