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CHAPTER 4. INTERNAL LAWS AND THEIR POTENTIAL TO INFLUENCE INTERNATIONAL WATER MANAGEMENT Alyssa M. Neir, Geoffrey T. Klise, and Michael E. Campana

W

ater management in all three countries is governed and influenced by internal laws that control water use, water development projects, and other projects that may impact the environment. State and federal agencies are responsible for interpreting, developing and enforcing the domestic or internal laws. These laws influence the actions and the potential impact that national actions may have on neighboring countries. These laws embody common interests in many respects and provide a foundation for cooperation at the international level because they require project proponents to evaluate the impact that their actions will have on existing users and affected parties and attempt to minimize that impact. Internal environmental laws of the three countries include (CEC, 2001):

Canada

United States

• Canada Water Act

• Clean Water Act

• Canadian Environmental Protection Act (CEPA)

• National Environmental Policy Act (NEPA)

• Canadian Environmental Assessment Act (CEAA)

• Federal Endangered Species Act

• Canada Shipping Act • Fisheries Act • International River Improvements Act • Northwest Territories Waters Act • Yukon Waters Act

Mexico • National Water Law

• Safe Drinking Water Act • Fish and Wildlife Coordination Act • Wild and Scenic Rivers Act • Navigable Waters Protection Act • Pacific Northwest Power Planning and Conservation Act • Dakota Water Resources Act • Great Lakes – St. Lawrence River Basin Water Resources Compact

Under the authority of Canadian laws, federal and provincial agencies are responsible for carrying out the provisions of laws and have direct involvement in: (1) forestry operations, municipal facilities, and industrial facilities that affect water quality and consumption; (2) protection of fish and habitat; (3) navigation and shipping; (4) discharge of substances into waterways; (5) regulation of dams, diversions, and other developments on international waters; (6) construction of bridges over water; and (7) consideration of the environmental consequences of specific projects (CEC, 2001). Under the authority of U.S. federal laws, federal, state and tribal agencies are responsible for carrying out the provisions of the laws and have direct involvement in: (1) the discharge of pollutants into navigable waters; (2) logging, water diversions or development projects; (3) management of natural resources; (4) protection of endangered species; (5) municipal and industrial water services; (6) irrigation systems; (7) hydropower generation; (8) flood control; (9) river regulation; (10) fish and Chapter 4. Internal Laws and Their Potential to Influence International Water Management — 27

NORTH AMERICA :Hydropolitical Vulnerability and Resilience along International Waters  

This report focuses on the challenges and opportunities facing North America, a continent with about 6.5% of its area covered by surface fre...

NORTH AMERICA :Hydropolitical Vulnerability and Resilience along International Waters  

This report focuses on the challenges and opportunities facing North America, a continent with about 6.5% of its area covered by surface fre...

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