File No. 711.4216L/
The United States Counsel before the International Joint Commission to the Secretary of State
Washington, August 3, 1915.
Dear Mr. Lansing: The International Joint Commission has called a series of meetings to be held from September 7, to September 15, 1915, inclusive, at Warroad, International Falls, and Kenora, for the purpose of taking further testimony in the case of the Lake of the Woods.
At these meetings the inquiry will be directed primarily to the reception of evidence from the fishing and harbor and navigation interests, and from those whose lands will be submerged or partially submerged at the level or range of levels which the commission will recommend.
Reference of this case to the commission was made June 27, 1912:
- 1.
- In order to secure the most advantageous use of the waters of the Lake of the Woods and of the waters flowing into and from that lake on each side of the boundary for domestic and sanitary purposes, for navigation and transportation purposes, and for fishing purposes, and for power and irrigation purposes, and also in order to secure the most advantageous use of the shores and harbors of the lake and of the water flowing into and from the lake, it is practicable and desirable to maintain the surface of the lake during the different seasons of the year at a certain stated level; and if so, at what level?
- 2.
- If a certain stated level is recommended in answer to question 1, and if such level is higher than the normal or natural level of the lake, to what extent, if at all, would the lake, when maintained at such level, overflow the lowlands upon its southern border, or elsewhere on its border, and what is the value of the lands which would be so submerged?
- 3.
- In what way or manner, including the construction and operation of dams or other works at the outlets and inlets of the lake or in the waters which are [Page 298] directly or indirectly tributary to the lake or otherwise, is it possible and advisable to regulate the volume, use, and outflow of the waters of the lake so as to maintain the level recommended in answer to question 1, and by what means or arrangement can the proper construction and operation of regulating works or a system or method of regulation be best secured and maintained in order to insure the adequate protection and development of all the interests involved on both sides of the boundary, with the least possible damage to all rights and interests, both public and private, which may be affected by maintaining the proposed level?
Particular attention will be paid at this meeting to evidence as to the value of the lands which would be submerged, if the level or levels to be recommended are maintained. Much damage has already been done by the submersion of lands, and if the findings of the commission should be adopted by the two Governments, this damage to private interests and lands will, of course, be permanent, as many farms, particularly on the American side, will either be partially or totally submerged.
I have studied carefully the history of this case, some of the hearings of which were held before my appointment, and I am also familiarizing myself with the maps which have already been issued, and with conditions generally.
I fully appreciate the importance of watching the testimony regarding values, and at the meetings shall be prepared to cross-examine witnesses and to produce whatever testimony may be necessary in order that the interests of the United States may be fully protected, and the commission may faithfully report upon the question regarding “the value of the lands which would be submerged,” at the level or range of levels which the commission will recommend to the two Governments.
I have [etc.]