Plan 2014 What lakeshore families, businesses and municipalities need to know.

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1 Plan 2014 What lakeshore families, businesses and municipalities need to know. December 2017

2 Water flow and water levels are managed through 2 locations on the Great Lakes-St. Lawrence River system. Lake Ontario is the lowest lake of the Great Lakes Basin, separated from the upper basin by the large drop at Niagara Falls. Like dominos, if any of the upstream Great Lakes has rising water, that lake dumps into the next, ultimately going through the Moses Saunders Dam to the Atlantic Ocean

3 Why does Canada and the US regulate the lake levels? Various benefits: hydropower production; commercial navigation; recreational boating and water intakes; minimizing flooding and erosion. The water has been regulated for decades, by the International Joint Commission (IJC). Plan 2014 is the new regulation plan for outflows from Lake Ontario (January 2017).

4 Plan 2014 influences the level of Lake Ontario by releasing water outflows through the Moses Saunders dam. It is a really complicated plan that is intended to allow for higher highs and lower lows.

5 LAKE ONTARIO FLOODED VIOLENTLY OVER MONTHS, SPRING Brighton, Ontario

6 For the last 50 years, the lake levels were regulated by Plan 1958DD Millions in retro-fits are now required with Plan With what funds? Where is the mitigation and compensation for this? Who pays? Why are these costs not included in the economic projections presented for Plan 2014? For decades, Federal, Provincial and Municipal authorities used the limits of 1958DD in engineering designs and policies for such things as set backs, boat launches, public and private docks, public infrastructure as well as private shore protections permits. 4 foot range

7 New York State Department of Environmental Conservation: The significantly higher levels of Lake Ontario have focused attention on the impacts that climate change has on individuals and property. Higher temperatures, which have resulted in a lack of winter ice on the Lake, and more severe storms, are serious concerns. The recent revision to the water level regulation of the International Joint Commission (IJC), known as Plan 2014, is also a contributing factor to high lake levels. Under Plan 2014, water levels are authorized to reach higher levels than would have occurred under the previous regulation, Plan 1958D. (2017) International Lake Ontario-St. Lawrence River Control Board, 2017: Similar extreme weather conditions to those seen this year will occur again in the future, hopefully not for many years, but perhaps very soon. this year is a good example of what happens in a year of exceptionally high water supplies. The high supplies don t seem to be ending yet.

8 Plan 2014 There will be winners and there will be losers

9 So, who compensates the losers? Ajax, Ontario

10 Plan Order of Approval December 2016 CONDITIONS: In Accordance with article VIII of the Treaty, interests on either side of the International Boundary that are injured by reason of the construction, maintenance and operation of the works shall be given suitable and adequate protection and indemnity as provided by the laws in Canada, or the Constitution and laws in the United States respectively. Municipalities, business and home owners, where is that protection and indemnity?

11 1909 Boundary Waters Treaty (Article VIII) In cases involving the elevation of the natural level of waters on either side of the line as a result of the construction or maintenance on the other side of remedial or protective works or dams or other obstructions in boundary waters flowing there from or in waters below the boundary in rivers flowing across the boundary, the Commission SHALL REQUIRE, AS A CONDITION of its approval thereof, that suitable and adequate provision, APPROVED BY IT, be made for the protection and indemnity of all interests on the other side of the line which may be injured thereby. Municipalities, business and home owners, where is that protection and indemnity?

12 Some believe Plan 2014 violates three of the Principle Guidelines of the IJC Study. Bowmanville, Ontario, Spring If damages result from any plan, they should not fall disproportionately on any one geographic area or interest group. Almost all the damages from Plan 2014 fall to the Lake Ontario shoreline 2. If damages are anticipated, mitigation and compensation measures should be in place prior to implementation. Plan 2014 has none. 3. Any plan should be developed in an open process with wide public participation. Plan 2014 was developed in secret by a group that only consulted with environmental advocates. Frank Sciremammano 2017 Municipalities, business and home owners, where are the mitigation and compensation measures? Why are we in harm s way and expected to absorb all costs?

13 After years of research, 3 plans were presented to the IJC from the IJC Study Group, Brighton, Ontario Spring 2017 flooding 1. Plan A+ - The Economic Plan, which maximized economic benefits. 2. Plan B+ - The Environmental Plan, which maximized environmental benefits 3. Plan D+ - The Balanced Plan, which as the name implies, was balanced. Plan 2014 is not one of the recommended plans from the IJC Study. Plan 2014, and its preceding Plan BV7, were developed by a secret Working Group, meeting in secret, with access and input only from environmental advocates. Frank Sciremammano, 2017

14 Shoreline Protection Maintenance, Plan A,B,D (Three recommendations presented to IJC 2006) Frank Sciremammano, 2017

15 IJC Study group Plan B+, versus Secret Plan Frank Sciremammano, Retired full professor of engineering at the Rochester Institute of Technology, principal in F-E-S Associates of Rochester, NY. Member of the International Lake Ontario-St. Lawrence River Board, served from on the IJC Lake Ontario-St. Lawrence River Study Board that examined and reported on alternative methods for regulating outflows from Lake Ontario. Frank does not live on the lakeshore and does not have any financial interest in property or businesses on the shoreline.

16 Where do we stand RIGHT NOW? (December 15 th, 2017) US Army Corps of Engineers: Lake Ontario remains 13 inches above the levels from December 15th, The lower lakes (St. Clair, Erie, and Ontario) are nearing a transition from seasonal decline to seasonal rise. Lake Ontario is expected to rise 2 inches in the next 30 days. Lake Ontario is SIGNIFICANTY HIGHER NOW than it was prior to the 2017 flooding. Where does that leave shoreline communities going into spring 2018? Levels/Water-Level-Forecast/Weekly-Great-Lakes-Water-Levels/

17 In conclusion: Plan 2014 puts your shoreline infrastructure built to Plan 1958DD at risk; Plan 2014 will cost millions in coastal damages and emergency response; Plan 2014 violates international treaty provisions for protection and indemnity. Plan 2014 transfers the risk and the burden of cost to those that can afford it the least (shoreline citizens), and to those with the fiduciary duty to protect them (Municipalities), without mitigation or compensation. Toronto, Ontario Spring flooding, 2017

18 In conclusion: Plan 2014 violates the IJC Study Principle Guidelines : 1. If damages result from any plan, they should not fall disproportionately on any one geographic area or interest group. Almost all the damages from Plan 2014 fall to the Lake Ontario shoreline, by design. 2. If damages are anticipated, mitigation and compensation measures should be in place prior to implementation. Plan 2014 has none. 3. Any plan should be developed in an open process with wide public participation. Plan 2014 was not. Port Darlington, Ontario Spring flooding, 2017

19 CALL your MAYOR, your MPP and your MP. Let them know you are concerned and you need them to act on your behalf, now. Clarington, Ontario, Spring 2017 Share this presentation. Plan 2014 must be repealed until the risks to families, emergency responders and municipalities are understood, mitigated, managed and compensated. Join us at