OCR Text |
Show 430 INTERNATIONAL TREATIES out in detail in the attachment hereto, and further, that before such a disposition can be concluded and confirmed by the two Governments, additional steps must be taken in each country," and that, "in furtherance of this aim,"- "(a) the Government of the United States will use its best efforts to arrange for disposition of Canada's entitlement to down- stream power benefits within the United States of America in ac- cordance with the general conditions and limits set forth in the attachment, and "(b) the Government of Canada will use its best efforts to accomplish all those things which are considered necessary and preliminary to ratification of the Treaty as quickly as possible, including any arrangements for implementation and acceptance of the general conditions and limits set forth in the attachment." The attachment referred to read as follows: "A. The disposition shall consist of the downstream power benefits to which Canada is entitled under the Treaty, other than Canada's entitlement to downstream power benefits resulting from the construc- tion or operation of a project described in Article IX of the Treaty, and shall be by way of a contract of sale authorized in accordance with Article VIII of the Treaty between the British Columbia Hydro and Power Authority and a single Purchaser containing provisions mu- tually satisfactory to the parties to the contract but shall be subject to and he operative in accordance with the following general conditions and limits : "1. (a) The storages described in Article II of the Treaty shall be fully operative for power purposes in accordance with the following schedule: Storage described in Article 11(2) (c)-approximately 1,400,- 000 acre feet on April 1,1968, Storage described in Article 11(2) (b)-approximately 7,100,- 000 acrefeet on April 1,1969, Storage described in Article 11(2) (a)-approximately 7,000,- 000 acre feet on April 1,1973. "(b) The period of sale of the entitlement allocated to each of the storages shall terminate and expire thirty years from the date on which that storage is required to be fully operative for power purposes in accordance with the schedule in subparagraph (a) of this paragraph. "(c) In the event any storage is not fully operative in accordance with the schedule in subparagraiph (a) of this paragraph or if, during the period of sale, the storage is not operated as required by the hydro- electric operating plans agreed upon in accordance with the Treaty, as modified by any detailed operating plan agreed upon in accordance with Article XIV (2) (k) of the Treaty and the Canadian entitlement is thereby reduced, the British Columbia Hydro and Power Authority shall pay the Purchaser an amount equal to the cost it would have to incur to replace that part of the reduction in the Canadian entitlement which the vendees of the Purchaser could have used other than costs that could have been avoided had every reasonable effort to mitigate losses been made by the Purchaser, the United States entity and the owners of non-federal dams on the Columbia River in the United States of America. Alternatively, the British Columbia Hydro and |