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Show COLUMBIA RIVER TREATY 427 3. The exchange of Notes provided for in Article VIII (1) of the Treaty shall take place contemporaneously with the exchange of the Instruments of Ratification of the Treaty provided for in Article XX of the Treaty. 4.(1) During the period and to the extent that the sale of Canada's entitlement to downstream power benefits within the United States of America as a result of an exchange of Notes pursuant to Article VIII (1) of the Treaty relieves the United States of America of its obligation to provide east-west standby transmission service as called for by Article X(l) of the Treaty, Canada is not required to make payment for the east-west standby transmission service with regard to Canada's entitlement to downstream power benefits sold in the United States of America. (2) The United States of America is not entitled to any payments of the character set out in subparagraph (1) of this paragraph in respect of that portion of Canada's entitlement to downstream power benefits delivered by the United States of America to Canada at any point on the Canada-United States of America boundary other than at a point near Oliver, British Columbia, and the United States of America is not required to provide the east-west standby transmission service referred to in subparagraph (1) of this paragraph in respect of the portion of Canada's entitlement to downstream power benefits which is so delivered. 5. Inasmuch as control of historic streamflows of the Kootenay River by the dam provided for in Article XII (1) of the Treaty would result in more than 200,000 kilowatt years per annum of energy bene- fit downstream in Canada, as well as important flood control protec- tion to Canada, and the operation of that dam is therefore of concern to Canada, the entities shall, pursuant to Article XIV(2) (a) of the Treaty, cooperate on a continuing basis to coordinate the operation of that dam with the operation of hydroelectric plants on the Kootenay River and elsewhere in Canada in accordance with the provisions of Article XII(5) and Article XII(6) of the Treaty. 6.(1) Canada and the United States of America are in agreement that Article XIII (1) of the Treaty provides to each of them a right to divert water for a consumptive use. (2) Any diversion of water from the Kootenay River when once instituted under the provisions of Article XIII of the Treaty is not subject to any limitation as to time. 7. As contemplated by Article IV (1) of the Treaty, Canada shall operate the Canadian storage in accordance with Annex A and hydro- electric operating plans made thereunder. Also, as contemplated by Annexes A and B of the Treaty and Article XIV (2) (k) of the Treaty, these operating plans before they are agreed to by the entities will be conditioned as follows: (1) As the downstream power benefits credited to Canadian storage decrease with time, the storage required to be operated by Canada pur- suant to paragraphs 6 and 9 of Annex A of the Treaty, will be that required to produce those benefits. (2) The hydroelectric operating plans, which will be based on Step I of the studies referred to in paragraph 7 of Annex B of the Treaty, will provide a reservoir-balance relationship for each month for the |
