Treaty Series No. 721
Agreement Accompanying the Convention and Protocol To Regulate the Level of the Lake of the Woods
At the moment of signing the Convention and Protocol between the United States of America and His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, in respect of the Dominion of Canada, regarding the regulation of the level of Lake of the Woods, the undersigned Plenipotentiaries have agreed that the Government [Page 557] of the United States and the Government of the Dominion of Canada shall, without delay, address to the International Joint Commission identic letters of reference relating to Rainy Lake and other upper waters of the Lake of the Woods watershed as follows:
“I have the honor to inform you that, in pursuance of Article 9 of the Treaty of the 11th January 1909, between the United States and Great Britain, the Governments of the United States and Canada have agreed to refer to the International Joint Commission the following questions for examination and report, together with such conclusions and recommendations as may be deemed appropriate:
- “Question 1. In order to secure the most advantageous
use of the waters of Rainy Lake and of the boundary
waters flowing into and from Rainy Lake, for domestic
and sanitary purposes, for navigation purposes, for
fishing purposes, and for power, irrigation and
reclamation purposes; and in order to secure the most
advantageous use of the shores and harbors of both Rainy
Lake and the boundary waters flowing into and from the
lake, is it, from an economic standpoint, now
practicable and desirable, having regard for all or any
of the interests affected thereby, or under what
conditions will it become thus practicable and
desirable—
- “(a) To regulate the level of Rainy Lake in such a manner as to permit the upper limit of the ordinary range of the levels to exceed elevation 1108.61 sealevel datum?
- “(b) To regulate the level of Namakan Lake and the waters controlled by the dams at Kettle falls in such a manner as to permit the upper limit of the ordinary range of the levels to exceed elevation 1120.11 sealevel datum?
- “(c) To provide storage facilities upon all or any of the boundary waters above Namakan Lake?
- “Question 2. If it be found practicable and desirable
thus (1) to regulate the level of Rainy Lake, and/or (2)
to regulate the level of Namakan Lake and the waters
controlled by the dams at Kettle falls, and/or (3) to
provide storage facilities upon all or any of the
boundary waters above Namakan Lake—
- “(a) What elevations are recommended?
- “(b) To what extent will it be necessary to acquire lands and to construct works in order to provide for such elevations and/or storage, and what will be their respective costs?
- “(c) What interests on each side of the boundary would be benefited? What would be the nature and extent of such benefit in each case? How should the cost be apportioned among the various interests so benefited?
- “Question 3. What methods of control and operation would be feasible and advisable in order to regulate the volume, use and outflow of the waters in each case in accordance with such recommendations as may be made in answer to questions one and two?
- “Question 4. What interests on each side of the boundary are benefited by the present storage on Rainy Lake and on the waters controlled by the dams at Kettle falls? What are the nature and extent of such benefits in each case? What is the [Page 558] cost of such storage and how should such cost be apportioned among the various interests so benefited?
“Each Government will appoint from its public service such engineering and other technical assistance as may be necessary to enable the Commission to make the desired examination and to submit their report.”
Secretary of State of the United States of America
Minister of Justice in the Government of the Dominion of Canada