OCR Text |
Show for use on the other side. "The Commission in its discretion may make its ap- proval in any case conditional upon the construction of remedial or protective works to compensate so far as possible for the particular use or diversion proposed, and in such cases may require that suitable and adequate provision, approved by the Commission, be made for the protection and indemnity against injury of any interests on either side of the boundary* lfIn 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 obsturc- tions in boundary waters or in waters flowing therefrom or in waters below the boundary in rivers flowing across the boundary, the Commission shall require, as a condi- tion 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. "The majority of the Commissioners shall have power to render a decision. In case the Commission is evenly divided upon any question or matter presented to it for decision, separate reports shall be made by the Commis- sioners on each side to their own Government. The High Contracting Parties shall thereupon endeavor to agree upon an adjustment of the question or matter of difference, and if an agreement is reached between them, it shall be reduced to writing in the form of a protocol, and shall be communicated to the Commissioners, who shall take such further proceedings as may be necessary to carry out such agreement." The general provisions applying to all uses of boundary waters on the Canadian frontier are equally applicable to uses for hydraulic power. One article, ho-wever, deals exclusively with the hydro-electric power plants on the Niagara River (Art. V). It was here the purpose of the High Contracting Parties to limit the diversions from the Niagara River so that the level of Lake Erie and the flow of the stream might not be appreciably affected* In the accomplishment of this object, it was the expressed desire of the two countries to cause the least possible injury to investments which had already been made in. the construction of power plants, under proper authority, on both sides of the river. It was accordingly provided that daily diversions of water of the Niagara River on the United States side for power purposes, should be limited to 20,000 cubic feet of water per second, while on the Canadian side the limit xvas set at 36,000 cubic feet of water per second. -2hr |