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Show COLUMBIA RIVER TREATY 415 immediately downstream from the point of diversion below the lesser of 200 cubic feet per second or the natural flow. (3) Canada has the right, exercisable at any time during the period commencing sixty years after the ratification date and expiring one hundred years after the ratification date, to divert to the headwaters of the Columbia River any water which, in its natural channel, would flow in the Kootenay River across the Canada-United States of America boundary, provided that the diversion does not reduce the flow of the Kootenay River at the Canada-United States of America boundary near Newgate, British Columbia, below the lesser of 2,500 cubic feet per second or the natural flow. (4) During the last twenty years of the period within which Canada may exercise the right to divert described in paragraph (3) the limi- tation on diversion is the lesser of 1,000 cubic feet per second or the natural flow. (5) Canada has the right: (a) if the United States of America does not exercise the option in Article XII (1), or (b) if it is determined that the United States of America, hav- ing exercised the option, did not commence construction of the dam referred to in Article XII in accordance therewith or that the United States of America is in breach of the obligation in that Article to commence full operation of the storage, to divert to the headwaters of the Columbia River any water which, in its natural channel, would flow in the Kootenay River across the Canada-United States of America boundary, provided that the di- version does not reduce the flow of the Kootenay River at the Canada- United States of America boundary near Newgate, British Columbia, below the lesser of 1,000 cubic feet per second or the natural flow. (6) If a variation in the use of the water diverted under paragraph (2) is considered by the United States of America to be of advantage to it Canada shall, upon request, consult with the United States of America. If Canada determines that the variation would not be to its disadvantage it shall vary the use accordingly. ARTICLE XIV Arrangements for Implementation (1) The United States of America and Canada shall each, as soon as possible after the ratification date, designate entities and when so designated the entities are empowered and charged with the duty to formulate and carry out the operating arrangements necessary to im- plement the Treaty. Either the United States of America or Canada may designate one or more entities. If more than one is designated the powers and duties conferred upon the entities by the Treaty shall be allocated among them in the designation. (2) In addition to the powers and duties dealt with specifically else- where in the Treaty the powers and duties of the entities include: (a) coordination of plants and exchange of information relating to facilities to be used in producing and obtaining the benefits contemplated by the Treaty, |