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(b) that the Authority to be established pursuant to the provisions of the St. Lawrence Seaway Authority Act, chapter 24 of the Statutes of Canada, 1951 (Second Session), contribute $15 million toward the cost of channel enlargement which the power developing entities must undertake in the St. Lawrence River, as set out in Section 8 of the applications to the International Joint Commission and in paragraph 4 of the Annex to the Canadian-Ontario Agreement of December 3, 1951, in consideration of the benefits which will accrue to navigation from such channel enlargement.

Accept [etc.].

DAVID BRUCE

35. APPLICATIONS FOR POWER DEVELOPMENT ON THE ST. LAWRENCE: Order of Approval of the International Joint Commission on Its Docket No. 68, October 29, 1952 (Excerpts)1

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WHEREAS the Government of Canada and the Government of the United States of America under date of 30 June, 1952, have submitted Applications to the International Joint Commission (hereinafter referred to as the "Commission") for its approval of the construction, jointly by entities to be designated by the respective Governments, of certain works for the development of power in the International Rapids Section of the St. Lawrence River, these being boundary waters within the meaning of the Preliminary Article of the Boundary Waters Treaty of 11 January, 1909 (hereinafter referred to as the "Treaty"), and of the construction, maintenance and operation of such works subject to and under conditions specified in the Applications, and have requested that the Applications be considered by the Commission as in the nature of a joint application; and

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WHEREAS pursuant to the aforementioned request of the two Governments, the Commission is considering the two Applications as in the nature of a joint application; and

WHEREAS notices that the Applications had been filed were published in accordance with the Rules of Procedure of the Commission; and

WHEREAS Statements in Response to the Applications and Statements in Reply thereto by both Applicants were filed in accordance with the Rules of the Commission; and

WHEREAS pursuant to published notices, hearings were held by the Commission at Toronto, Ontario, on 23 July, 1952; at Ogdensburg, New York, on 24 July, 1952; at Cornwall, Ontario, on 25 July, 1952; at Albany, New York, on 3 September, 1952; at Montreal, Quebec, on 8 September, 1952; and at Washington, D. C., on 20 October, 1952; * and

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WHEREAS by reason of the said notices of the said applications and

Department of State Bulletin, Dec. 29, 1952, pp. 1019–1021.

St. Lawrence Seaway Manual, pp. 120-135.

Treaty Series 548; 36 Stat. 2448.

Not published.

hearings, all persons interested were afforded convenient opportunities of presenting evidence to and being heard before the Commission; and WHEREAS, pursuant to the said Applications, the hearings before, the evidence given, and material filed with the Commission, the Commission is satisfied that the proposed works and uses of the waters of the International Rapids Section comply with the principles by which the Commission is governed as adopted by the High Contracting Parties in Article VIII of the Treaty; and

WHEREAS the Commission has been informed that the Government of Canada has designated The Hydro-Electric Power Commission of Ontario as the entity to construct, maintain and operate the proposed works in Canada, and that the Government of the United States intends in due course to designate the entity to construct, maintain and operate the works in the United States; and

WHEREAS the program of construction of the works, as proposed by the Applicants, includes the removal of Gut Dam from the International Rapids Section and the Government of Canada has informed the Commission that it is its intention to take steps for the early removal of Gut Dam as soon as the construction of the proposed works is approved and as soon as river conditions and the protection of down river and other interests that will be affected during its removal will permit, thereby advancing the time of removal of Gut Dam;1 and

WHEREAS the Commission finds that suitable and adequate provision is made by the laws in Canada and by the Constitution and laws in the United States for the protection and indemnity of all interests on either side of the International Boundary which may be injured by reason of the construction, maintenance and operation of the works; and

WHEREAS the Commission finds that it has jurisdiction to hear and dispose of the Applications by approval thereof in the manner and subject to the conditions hereinafter set out;

NOW, THEREFORE, IT IS ORDERED that the construction, maintenance and operation jointly by the Hydro-Electric Power Commission of Ontario and an entity to be designated by the Government of the United States of America of certain works (hereinafter called "the works") in accordance with the "Controlled Single Stage Project (238-242)", which was part of the joint report dated 3 January, 1941, of the Canadian Temporary Great Lakes-St. Lawrence Basin Committee and the United States St. Lawrence Advisory Committee, containing the features described in Appendix "A" to this Order and shown in Appendix "B" to this Order, be and the same are hereby approved subject to the conditions enumerated below, namely,

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(a) All interests on either side of the International Boundary which are injured by reason of the construction, maintenance and operation of the works shall be given suitable and adequate protection and 1 Demolition of the dam was completed on Dec. 15 [1952]. [Footnote in the original.]

2 Department of State Bulletin, Mar. 22, 1941, pp. 316-318.

3 Ibid., Dec. 29, 1952, p. 1021 (not reprinted here).

Appendix B, a map, was not reproduced in the Department of State Bulletin or in the St. Lawrence Seaway Manual.

indemnity in accordance with the laws in Canada or the Constitution and laws in the United States respectively, and in accordance with the requirements of Article VIII of the Treaty.

(b) The works shall be so planned, located, constructed, maintained and operated as not to conflict with or restrain uses of the waters of the St. Lawrence River for purposes given preference over uses of water for power purposes by the Treaty, namely, uses for domestic and sanitary purposes and uses for navigation, including the service of canals for the purposes of navigation, and shall be so planned, located, constructed, maintained and operated as to give effect to the provisions of this Order.

(c) The works shall be constructed, maintained and operated in such manner as to safeguard the rights and lawtul interests of others engaged or to be engaged in the development of power in the St. Lawrence River below the International Rapids Section.

(d) The works shall be so designed, constructed, maintained and operated as to safeguard so far as possible the rights of all interests affected by the levels of the St. Lawrence River upstream from the Iroquois regulatory structure and by the levels of Lake Ontario and the lower Niagara River;1 and any change in levels resulting from the works which injuriously affects such rights shall be subject to the requirements of paragraph (a) relating to protection and indemnification.

(e) The hydro-electric plants approved by this Order shall not be subjected to operating rules and procedures more rigorous than are necessary to comply with the provisions of the foregoing paragraphs (b), (c) and (d).

(f) Before the Hydro-Electric Power Commission of Ontario commences the construction of any part of the works, it shall submit to the Government of Canada, and before the entity designated by the Government of the United States commences the construction of any part of the works, it shall submit to the Government of the United States, for approval in writing, detailed plans and specifications of that part of the works located in their respective countries and details of the program of construction thereof or such details of such plans and specifications or programs of construction relating thereto as the respective Governments may require. If after any plan, specification or program has been so approved, The Hydro-Electric Power Commission of Ontario or the entity designated by the Government of the United States wishes to make any change therein, it shall, before adopting such change, submit the changed plan, specification or program for approval in a like manner.

(g) In accordance with the Applications, the establishment by the Governments of Canada and of the United States of a Joint Board of Engineers to be known as the St. Lawrence River Joint Board of Engineers (hereinafter referred to as the "Joint Board of Engineers")

1 For a summary of the problem of the high-water level in Lake Ontario, see Department of State Bulletin, June 9, 1952, p. 903. Complaints of property owners were referred to the International Joint Commission on June 25, 1952 (ibid., July 14, 1952, p. 67). [Footnote in the original.]

consisting of an equal number of representatives of Canada and the United States to be designated by the respective Governments, is approved. The duties of the Joint Board of Engineers shall be to review and coordinate, and, if both Governments so authorize, approve the plans and specifications of the works and the programs of construction thereof submitted for the approval of the respective Governments as specified above, and to assure the construction of the works in accordance therewith as approved. The Joint Board of Engineers shall consult with and keep the Board of Control, hereinafter referred to, currently informed on all matters pertaining to the water levels of Lake Ontario and the International Rapids Section and the regulation of the discharge of water from Lake Ontario and the flow of water through the International Rapids Section, and shall give full consideration to any advice or recommendations received from the Board of Control with respect thereto.

(h) A Board of Control to be known as the International St. Lawrence River Board of Control (herein referred to as the "Board of Control") consisting of an equal number of representatives of Canada and of the United States, shall be established by this Commission. The duties of the Board of Control shall be to give effect to the instructions of the Commission as issued from time to time with respect to this Order.

During construction of the works the duties of the Board of Control shall be to keep itself currently informed of the plans of the Joint Board of Engineers insofar as these plans relate to water levels and the regulation of the discharge of water from Lake Ontario and the flow of water through the International Rapids Section, and to consult with and advise the Joint Board of Engineers thereon.

Upon completion of the works, the duties of the Board of Control shall be to ensure that the provisions of this Order relating to water levels and the regulation of the discharge of water from Lake Ontario and the flow of water through the International Rapids Section as herein set out are complied with, and The Hydro-Electric Power Commission of Ontario and the entity designated by the Government of the United States shall duly observe any direction given them by the Board of Control for the purpose of ensuring such compliance. The Board of Control shall report to the Commission at such times as the Commission may determine.

In the event of any disagreement amongst the members of the Board of Control which they are unable to resolve, the matter shall be referred by them to the Commission for decision. The Board of Control may, at any time, make representations to the Commission in regard to any matter affecting or arising out of the terms of this Order with respect to water levels and the regulation of the said discharge and flow.

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AND IT IS FURTHER ORDERED that the allocation set out in Appendix "C" of the costs of constructing, maintaining and operating the For Appendix C, see Department of State Bulletin, Dec. 29, 1952, pp. 10211022 (not reprinted here).

works approved by this order between the Hydro-Electric Power Commission of Ontario and the entity to be designated by the Government of the United States be and the same is hereby approved but such approval shall not preclude the applicants from submitting to the Commission for approval any variation in the said allocation that may be agreed upon between them as being appropriate or advisable. AND IT IS FURTHER ORDERED that the Commission retains jurisdiction over the subject matter of these Applications, and may, after giving such notice and opportunity to all interested parties to make representations as the Commission deems appropriate, make such further Order or Orders relating thereto as may be necessary in the judgment of the Commission.

Signed at Montreal, this 29th day of October, 1952.1

36. SPECIAL CABINET COMMITTEE RECOMMENDATIONS ON THE ST. LAWRENCE SEAWAY PROJECT: White House Press Release, May 8, 19532

The Cabinet on May 8 unanimously approved a report by a special Cabinet Committee, appointed by the President to study the St. Lawrence-Great Lakes Seaway project. The Committee consisted of representatives of the Departments of State, Defense, Commerce, and the Interior.

The Committee proposed, and the Cabinet agreed, that participation by the United States in the seaway project is highly desirable, provided such participation is limited to the international section of the St. Lawrence between Lake Erie and Montreal.

The recommendation is consistent with the administration's policy of considering each major construction project on its merits and in terms of whether it should be a Federal, local, or private project or a combination of any two or all.

The recommendations of the Committee, as approved by the Cabinet, follow:

1. The interests of the United States, taken as a whole, make desirable participation in the St. Lawrence-Great Lakes Seaway project, limited to the international section of the St. Lawrence between Lake Erie and Montreal.

2. Participation by the United States should, however, be expressly conditioned on: (a) Satisfactory assurance that the underlying power project will go ahead, pursuant to appropriate authorization; (b) satisfactory assurance that Canada will go ahead with its part of the navigation project, in cooperation with the United States; and (c) predication of the project on a self-liquidating basis. The Committee is

1 Commissioner Roger McWhorter dissenting. His opinion, to be filed and attached to order, is not reprinted here; see ibid., pp. 1022-1023. Department of State Bulletin, May 25, 1953, pp. 752-753.

415900-57- -93

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