OCR Text |
Show 390 INTERNATIONAL TREATIES rights under New York law and making the United States the foun- tamhead of any subsequent private right to use the allotted 20,000 c.f.s., with the result that the later established Commission could dis- tribute the permitted quantity in disregard of established installa- tions using water under New York authority but within the Treaty's limitation. "This is squarely contrary to the intention of the two governments expressed in the Treaty * * *." Diplomatic correspondence.-For diplomatic correspondence be- tween the Governments of the United States and Canada relating to the diversion of water from the Great Lakes, see Foreign Relations, 1924, vol. I, pp. 349ff; 1925, vol. I, pp. 558ff; 1926, vol. I, pp. 580ff; 1927, vol. I, pp. 484ff; 1928, vol. II, pp. 44ff; and 1933, vol. II, pp. lOOf. Lake St. Francis.-By four exchanges of notes dated November 10, 1941 (56 Stat. 1833; Executive Agreement Series 291), October 5 and 9, 1942 (56 Stat. 1832; Executive Agreement Series 291), October 5 and 9, 1943 (57 Stat. 1366; Executive Agreement Series 377), and August 31 and September 7,1944 (58 Stat. 1437; Executive Agreement Series 424), the Governments of the United States and. Canada agreed, pursuant to Article IV of the treaty, to a temporary raising of the level of Lake St. Francis during low water periods in order, principally, to increase the output of electric energy. Under the last of the exchanges cited above, this arrangement was continued "for the duration of the emergency, subject to review prior to October 1st of each year." /St. Lawrence Rimer power development.-On June 30, 1952, the Governments of the United States and Canada submitted to the Inter- national Joint Commission applications for its approval of the con- struction of certain hydroelectric power works in the International Rapids section of the St. Lawrence River (Docket No. 68). The appli- cations were approved, after public hearings, on October 29,1952. The order of approval (the full text of which is reprinted in the hear- ings on S. 589, 83d Congress, pp. 63ff before a subcommittee of the Senate Committee on Foreign Relations) required, among other things, that there be established (1) a Joint Board of Engineers "to review and coordinate, and, if both Governments so authorize, approve the plans and specifications of the works and the programs of con- struction thereof" and to "consult with, and keep the Board of Control, hereinafter referred to, currently informed on all matters pertaining to the water levels of Lake Ontario and the International Rapids section and the regulations of the discharge of water from Lake Ontario and the flow of water through the International Rapids sec- tion," and (2) a Board of Control which, after completion of the works, should "ensure that the provisions of this order relating to water levels and the regulation of the discharge of water from Lake Ontario and the flow of water through the International Rapids sec- tion * * * are complied with * * *." On November 4, 1952, the Canadian Ambassador in Washington advised the Secretary of State that, in view of the International Joint Commission's approval noted above and of other steps that had been taken, the Canadian Government had "concluded that it would no longer be practicable to revert" to the terms of an agreement for the development and utilization of the waters of the Great Lakes-St. Law- rence basin which had been concluded and signed by representatives |