OCR Text |
Show 426 INTERNATIONAL TREATIES PROTOCOL 1. If the United States entity should call upon Canada to operate storage in the Columbia Kiver Basin to meet flood control needs of the United States of America pursuant to Article IV(2) (b) or Article IV(3) of the Treaty, such call shall be made only to the extent neces- sary to meet forecast flood control needs in the territory of the United States of America that cannot adequately be met by flood control facili- ties in the United States of America in accordance with the following conditions: (1) Unless otherwise agreed by the Permanent Engineering Board, the need to use Canadian flood control facilities under Article IV(2) (b) of the Treaty shall be considered to have arisen only in the case of potential floods which could result in a peak discharge in excess of 600,- 000 cubic feet per second at The Dalles, Oregon, assuming the use of all related storage in the United States of America existing and under construction in January 1961, storage provided by any dam con- structed pursuant to Article XII of the Treaty and the Canadian storage described in Article IV(2] (a) of the Treaty. (2) The United States entity will call upon Canada to operate stor- age under Article IV(3) of the Treaty only to control potential floods in the United States of America that could not be adequately controlled by all the related storage facilities in the United States of America existing at the expiration of 60 years from the ratification date but in no event shall Canada be required to provide any greater degree of flood control under Article IV(3) of the Treaty than that provided for under Article IV (2) of the Treaty. (3) A call shall be made only if the Canadian entity has been con- sulted whether the need for flood control is, or is likely to be, such that it cannot be met by the use of flood control facilities in the United States of America in accordance with subparagraphs (1) or (2) of this paragraph. Within ten days of receipt of a call, the Canadian entity will communicate its acceptance, or its rejection or proposals for modification of the call, together with supporting considerations. When the communication indicates rejection or modification of the call the United States entity will review the situation in the light of the communication and subsequent developments and will then with- draw or modify the call if practicable. In the absence of agreement on the call or its terms the United States entity will submit the matter to the Permanent Engineering Board provided for under Article XV of the Treaty for assistance as contemplated in Article XV(2) (c) of the Treaty. The entities will be guided by any instructions issued by the Permanent Engineering Board. If the Permanent Engineering Board does not issue instructions within ten days of receipt of a sub- mission the United States entity may renew the call for any part or all of the storage covered in the original call and the Canadian entity shall forthwith honour the request. 2. In preparing the flood control operating plans in accordance with paragraph 5 of Annex A of the Treaty, and in making calls to operate for flood control pursuant to Article IV(2) (b) and Article IV (3) of the Treaty, every effort will be made to minimize flood dam- age both in Canada and the United States of America. |