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Show 412 INTERNATIONAL TREATIES (3) The downstream power benefits to which Canada is entitled shall be delivered as follows: (a) dependable hydroelectric capacity as scheduled by the Ca- nadian entity, and (b) average annual usable hydroelectric energy in equal amounts each month, or in accordance with a modification agreed upon under paragraph (4). (4) Modification of the obligation in paragraph (3) (b) may be agreed upon by the entities. ARTICLE VIII Disposal of Entitlement to Downstream Power Benefits (1) With the authorization of the United States of America and Canada evidenced by exchange of notes, portions of the downstream power benefits to which Canada is entitled may be disposed of within the United States of America. The respective general conditions and limits within which the entities may arrange initial disposals shall be set out in an exchange of notes to be made as soon as possible after the ratification date. (2) The entities may arrange and carry out exchanges of dependable hydroelectric capacity and average annual usable hydroelectric energy to which Canada is entitled for average annual usable hydroelectric energy and dependable hydroelectric capacity respectively. (3) Energy to which Canada is entitled may not be used in the United States of America except in accordance with paragraphs (1) and (2). (4) The bypassing at dams on the main stem of the Columbia River in the United States of America of an amount of water which could produce usable energy equal to the energy component of the down- stream power benefits to which Canada is entitled but not delivered to Canada under Article V or disposed of in accordance with paragraphs (1) and (2) at the time the energy component was not so delivered or disposed of, is conclusive evidence that such energy component was not used in the United States of America and that the entitlement of Canada to such energy component is satisfied. ARTICLE IX Variation of Entitlement to Downstream Power Benefits (1) If the United States of America considers with respect to any hydroelectric power project planned on the main stem of the Columbia River between Priest Rapids Dam and McNary Dam that the increase in entitlement of Canada to downstream power benefits resulting from the operation of the project would produce a result which, would not justify the United States of America in incurring the costs of construc- tion and operation of the project, the United States of America and ¦Canada at the request of the United States of America shall consider modification of the increase in entitlement. (2) An agreement reached for the purposes of this Article shall be evidenced by an exchange of notes. |
