WASHINGTON — The International Joint Commission has backed away from its controversial plan to regulate water levels on the St. Lawrence River and Lake Ontario, telling the State Department the proposal cannot be implemented practically.
The recommendation, in a letter to Secretary of State Condoleezza Rice, marks a significant victory for opponents of the plan — many of them in Northern New York — who argued it would continue the environmental damage caused by water level regulations in place since the late 1950s.
In addition, the IJC urged discussions among New York, Ontario and Quebec, as well as both federal governments, which would be the first time those governments have held face-to-face negotiations regarding water flows and levels along the binational waterway.
The IJC set a goal of June for those discussions to yield a recommendation. In the meantime, current water regulations will remain in place, although they are widely disparaged in the St. Lawrence-Lake Ontario region.
"The commission has determined that Plan 2007 is not a practical option for implementation," the IJC's U.S. chairwoman, Irene B. Brooks, wrote to Ms. Rice, concluding after months of spirited public comment and debate that the plan had little public support and that a return to more natural flows on the St. Lawrence — a major goal of environmental groups — should be the countries' shared goal.
"The hearings and public comments showed serious divisions by political unit and by interest, and there was little support for Regulation Plan 2007," Ms. Brooks wrote.
The IJC does not have final say on the issue, as both countries would have to agree to the recommendations spelled out in the letter. But the State Department has gained an earful from opponents of Plan 2007, including Rep. John M. McHugh, R-Pierrepont Manor, other lawmakers and New York officials.
Mr. McHugh hailed the IJC's decision Friday, saying in a statement that he has long advocated for bringing interested parties together to develop a new plan.
"I applaud the IJC for finally recognizing the concerns of community leaders, local residents, and the State of New York, and abandoning plans to implement Plan 2007," Mr. McHugh said.
State Sen. Darrel J. Aubertine, D-Cape Vincent, offered a similar sentiment.
"Being a lifelong resident of Cape Vincent, I'm pleased the IJC has recognized, as I do, the shortfalls of Plan 2007. It's about time we here in New York are represented at the table," Mr. Aubertine said in a statement.
The IJC's recommendation was a sharp reversal for the commission, which had insisted that Plan 2007 was a reasonable compromise among all of the interests on the waterway, including environmentalists, shippers, hydroelectric power producers, marina owners and recreational boaters. It devised the plan after discarding recommendations from its own five-year, $20 million study that involved Canada as well.
But critics said the IJC's Plan 2007 brought little change from current regulations. Save the River, the Clayton environmental group, urged adoption of a plan called B+, which came from the study and would have restored the St. Lawrence to conditions roughly resembling those before the St. Lawrence power project was built at Massena. That plan also had support from north country lawmakers and New York Gov. David A. Paterson.
The IJC agreed that Plan B+ was the most environmentally friendly but argued it could not implement such a plan without putting Lake Ontario shoreline property at risk.
Save the River Executive Director Jennifer J. Caddick welcomed the IJC's latest recommendation as "very encouraging news," although she added that it is not final until the two governments agree.
Most stakeholders agree the current regulations are flawed, having led to the destruction of valuable wetlands and having only limited success at controlling flooding and low water.
On the other hand, the IJC heard loud complaints from the Rochester area that any major tinkering with water levels could put marinas out of business and threaten shoreline communities such as Sodus Point, which were built up considerably since the water regulation plan took effect in the late 1950s. Residents in those areas urged the IJC to adopt Plan 2007 and limit the water level on Lake Ontario to no more than 247 feet above sea level.
In their view, the main purpose of the water flow plans is to protect the south shore of Lake Ontario from flooding. They said Plan B+ would allow too wide a fluctuation in water levels, especially in spring.
The divisions undermined the IJC's and the two countries' ability to reach consensus on the issue.
In addition, the government of Quebec province opposed any change in regulations, arguing that its concerns had not been addressed and that a lowering of water levels on the St. Lawrence could increase the salt content of water on the northern part of the St. Lawrence.
Officials in Ontario, however, appeared to support the environmentally friendly approach. That appeared to set up a conflict within the Canadian government, further clouding the picture.