711.42157 R 72/22

The Secretary of State to the Canadian Minister (Massey)

Sir: I have the honor to refer to your note No. 269 of November 1, 1927, informing me that no decision has yet been reached by the Canadian Government with regard to this Government’s proposal that the entire problem of the improvement of the drainage of the valley of the Roseau River be referred to the International Joint Commission for investigation, report and recommendations.

This Government has given careful consideration to the views expressed in your note. I have to inform you, however, that the information which has been furnished me from sources in the United States is that the execution of the present plans for the improvement of the Roseau River in Canada will have an effect contrary to that which the Canadian authorities have in mind. I am informed that the carrying out of these plans would result in extensive damage by flooding to some eighteen townships in Roseau County, and to a large area in Kittson County, Minnesota. In view of this information, it would seem, that contrary to the views expressed in your note, the construction of the works will prejudice the aspect of the question in which this Government is mainly interested, and that it will be contrary to the spirit and provisions of the Boundary Waters Treaty of 1909. If the information which has been furnished me is correct, it would seem desirable that the execution of the plans should be deferred until approval thereof has been obtained from the International Joint Commission under Article IV of the Treaty.

In view of this conflict of views as to the effect which the execution of the present plans will have, I am strongly of the opinion that the matter is also within the letter and the spirit of Article IX of the Boundary Waters Treaty and suitable for reference to the Commission under that Article by either or both Governments. I, therefore, have the honor to renew the proposal made in the Acting Secretary’s note of February 26, 1927, and repeated in his note of April 2, 1927, that the entire problem of the improvement of the Roseau River system be referred by the Governments of the United States and Canada to the International Joint Commission for investigation, report and recommendations, and that each Government designate an engineer to confer and submit to them a draft of the terms of reference.

I further request that all action relative to the carrying out of the present plans for the improvement of the Roseau River be suspended until the International Joint Commission shall have made an investigation and report under such a reference.

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This Government would be grateful if the views of the Canadian Government in regard to these proposals were made known to it at an early date.

Accept [etc.]

Frank B. Kellogg