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Show NIAGARA RIVER DIVERSION TREATY 405 NOTES The text of the treaty above set out is taken from 1 U.S. Treaties and Other International Acts 695; see also Treaties and Other Inter- national Acts Series 2130. Ratification was advised by the Senate subject to a reservation hereafter set out, August 9,1950, after debate (see Executive N, 81st Congress; Executive Report 11, 81st Congress; 96 Gong. Bee. 6127, 12093-12095 (1950)); the treaty was ratified by the President August 24,1950, and by Canada October 5,1950; ratifi- cations were exchanged in Ottawa October 10, 1950; and the treaty was proclaimed by the President October 30, 1950. In advising and consenting to ratification, the Senate did so with the following reservation: "The United States on its part expressly reserves the right to provide by Act of Congress for redevelopment, for the public use and benefit, of the United States' share of the waters of the Niagara River made available by the provisions of the Treaty, and no project for redevelopment of the United States' share of such waters shall be undertaken until it be specifically authorized by Act of Congress." This reservation was accepted by the Government of Canada and included in the protocol of exchange of ratifications. In Power Au- thority of the State of New York v. Federal Power Commission, 247 F. (2d) 538 (C.A. 2d, 1957), however, it was held that the reserva- tion did not become a part of the treaty and that, therefore, the Fed- eral Power Commission was not barred from licensing project works to utilize the United States' share of the waters covered by the treaty. Niagara Falls power development.-The Federal Power Commis- sion was directed by the Act of August 21, 1957# (71 Stat. 401, 16 U.S.C. 836) to issue a license to the Power Authority of the State of New York to construct works with sufficient capacity to utilize all of the United States' share of the waters of the Niagara River. Tus- earora Nation of Indians v. Power Authority of the State of New York, 257 F. (2d) 885, 887 (C.A. 2d, 1958), cert. den. 358 U.S. 841 (1958), and Federal Power Commission v. Tuscarora Indian Na- tion, 362 U.S. 99, 101 (1960), both of which arose out of activities under the license, contain references to the treaty. Earlier Niagara River agreements.-In addition to Article V of the 1909 Boundary Waters Treaty (p. 383 ante), see Foreign Rela- tions 1923, vol. I, p. 498, for correspondence establishing a joint board of control to supervise the diversion of waters from the Niagara River. The text of the notes referred to in Article III of the above treaty is set out in 3 Department of State Bulletin 430 (1940). In brief, the United States advised the Canadian Government that, contingent upon agreement "to provide immediately for diversions into the Great Lakes System of waters from the Albany River Basin which normally flow into Hudson Bay," the United States would interpose no objection, "pending the conclusion of a final Great Lakes-St. Lawrence Basin agreement between the two countries, to the immediate utilization for power at Niagara Falls bv the Province of Ontario of additional waters equivalent in quantity to the diversions into the Great Lakes |
