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fI11e 1986 Federal Water Resource Development Act provides that no new or increased consumptive use ;;qf diversion of Great Lakes Basin water outside of the Basin could proceed without the unanimous ,.' roval of all eight governors of the Great Lakes States. For example, in 1992, the Governor of ,o;Y," higan prevented a transfer of water from Lake Michigan to a town in Indiana just 25 miles from the f~Jloteline. However, the Act did not specifY how the multi-state approval process required for an out-of- ~'~~s'in diversion is supposed to work'_I1,l?!(li~ijtpIQYid.e_a1ime limit..fm:.state approv-als-or di::;ap}Jro-vatsof- :;~rsions:- 'ATso~--tlie'AcTJias-'iio 'bearing on water diversions on the Canadian side of the border or );fiversions that predate the Act. hI addition, the Act has no bearing on either interstate or intrastate _ .,)ltv~rsions within the Basin. Finally, the' question of whether groundwater within the Basin is covered by ,X:jb~Act is still in dispute. _ e':,: '_~". _.:' . ., ;.. .. ._--~:.."' :;:',;(!;:~nadian Provincial Law ,-,_-\ph~et the Canadian constitution, Provinces have extensive power over water use and exploitation within \~l'?rincial boundaries. Section 109 of the Constitution Act, 1867, grants Provinces the ownership, with L.:l~tnlted exceptions, of aU public land in the province. Consequently, the beds of the Great Lakes and the ';':?:91.Ulecting and navigable tributary waters are owned by the Province from the shoreline' to the ' tntetnational boundary or other shoreline, as the case may be. Although resources such as water cannot be - - 000727 ... any extreme variation in water levels wilJ persist for a long time after the factors causing the shift have subsided. Navigation is extremely dependent upon water levels. The water depth in navigational channels dictates the amount of cargo a deep draft vessel can carry. Even minor changes in lake levels due to diversions or consumptive use can change the loading capacity of ships, especially in years where the lake levels are naturally low, which increase the cost of transportation of goods through the Great Lakes. High water levels also increase hydropower and reduce reliance on polluting fossil fuel sources. High water levels also increase the dilution capacity of the Great Lakes to handle pollution. However, high water levels destroy wetlands, interstitiaVtidal areas, ana fish habitat and spawning grounds, cause erosion and flooding, increase sediment deposits and pollution, affect sewage treatment, and damage recreation and tourism - interests' by destroying beaches, roads, and shoreline and by subrnerging fishing piers and docking facilities. Conversely, abnormally low water levels reduce the dilution capacity of the Lakes to handle pollutants and increase the risk of disturbing contaminated sediments making them more mobile for uptake through the food chain. State Law in the United States The beds of the Great Lakes and all navigable tributary waters are owned by the contiguous states extending from the shoreline to the point of the international boundary. The states hold the waters in public trust for the benefit of state inhabitants. All of the Great Lakes states base their water allocation schemes on riparian law. hI general, each riparian has a right to reasonable use of the water passing by the riparian's property, and domestic uses take priority over other uses when water is limited. Riparian law also restricts the use of water to riparian lands within the watershed of the use. However, a number of exceptions apply to this lirititation. ;' Riparians may transfer their right tQ use water, but such action may be challenged by other riparians. ' Each Great Lake state has modified the common law system of riparian rights in some manner, affecting ".allocation and private rights to protest out-of-basin uses of Great Lakes Water. 'Federal Law in the United States Mnder the United States Constitution, the Congress can regulate the waters of the Great Lakes to protect ii.avigation, regulate commerce, and conduct foreign affairs. Congress thus has broad authority to trump ;;~tate law.related to Great Lakes water through federal legislation or international treaty. As a result, states ,~te subject to a number of federal laws that affect water regulation and management. Congress and the /rilnited States Supreme Court also have the authority to equitably apportion water between states. - - 355