OCR Text |
Show 398 INTERNATIONAL TREATIES lake is at elevation 1061 sea level datum. Any disagreement between the members of the International Lake of the Woods Control Board in regard to the matters so referred shall be immediately submitted by the Board to, the International Joint Commission whose decision shall be final. 2. Should it become necessary to set up a special tribunal to deter- mine the cost of the acquisition of the flowage easement in the United States provided for in Article VIII of the Convention, the Govern- ment of Canada shall be afforded an opportunity to be represented thereon. Should the cost be determined by means of the usual judicial procedure in the United States, the Government of Canada shall be given the privilege of representation by counsel in connection therewith. 3. Since Canada is incurring extensive financial obligations in con- nection with the protective works and measures provided for in the United States along the shores of Lake of the Woods and the banks of Rainy River, under Article VIII of the Convention, the plans, together with the estimates of cost, of all such protective works and measures as the Government of the United States may propose to construct or provide for within five years of the coming into force of the Convention shall be referred to the International Lake of the Woods Control Board for an engineering report upon their suitability and sufficiency for the purpose of the regulation of the level of the lake under the Convention. Any disagreement between the members of the International Lake of the Woods Control Board in regard to the matters so referred shall be immediately submitted by the Board to the International Joint Commission whose decision shall be final. 4. In order to ensure the fullest measure of cooperation between the International Lake of the Woods Control Board and the Canadian Lake of the Woods Control Board provided for in Article III of the Convention, the Government of Canada will appoint one member of the Canadian Board as its representative on the International Board. 5. Until the outlets of Lake of the Woods have been enlarged in accordance with Article VII of the Convention, the upper limit of the ordinary range in the levels of the lake provided for in Article IV of the Convention shall be elevation 1060.5 sea level datum, and the International Lake of the Woods Control Board may advise the Canadian Lake of the Woods Control Board in respect of the rate of total discharge of water from the lake which may be permitted. In Faith Whereof, the undersigned Plenipotentiaries have signed the present Protocol and affixed thereto their respective seals. Done in duplicate at Washington the 24th day of February, 1925. [seal! Charles Evans Hughes [seal] Ernest Lapointe NOTES The texts of the convention and protocol above set out are taken from. 44 Stat. 2108 (see also Treaty Series No. 721). Ratification was advised by the Senate March 14,1925 (67 Cong. Bee. 247); the Presi- dent ratified the convention and protocol April 9, 1925 and Great Britain May 30, 1925; ratifications were exchanged in Washington |