711.4216 M 58/146

The Minister in Canada ( Phillips ) to the Secretary of State

No. 520

Sir: I have the honor to transmit herewith enclosed a copy of the Canadian Government’s reply dated July 11 to the Legation’s representations with regard to the construction of certain compensating works in the Niagara and St. Clair Rivers by and at the expense of the United States. Representations were made in accordance with the Department’s instruction No. 187 of March 23, 1928.

Copies are also enclosed of the Legation’s notes of March 5, 1928, No. 82, and March 30, 1928, No. 94, to the Department of State for External Affairs.

In its reply of July 11 the Canadian Government states that the proposals, while providing a substantial measure of compensation, so far as navigation is concerned, for diversions or losses of water from the Upper Lakes and Lake Erie, do not provide compensation as regards navigation in the St. Lawrence system below the Niagara River, nor compensation for the loss of power at any point. It declares that any plan for compensating works should cover all the waters and interests affected and should form part of a final settlement of the issues created by the Chicago diversion.

[Page 49]

Mr. King enquires whether a definite appropriation for the purpose in question has yet been made by Congress.

I have [etc.]

William Phillips
[Enclosure 1]

The American Minister ( Phillips ) to the Canadian Secretary of State for External Affairs ( Mackenzie King )

No. 82

Sir: I have the honor to invite your attention to the report of the Joint Board of Engineers on the St. Lawrence Waterway made on November 16, 1926, and in particular to the recommendation therein that compensating works be constructed in the Niagara and St. Clair rivers.

The works proposed in the Niagara River consist of a longitudinal dyke approximately one-half mile in length, connected to the Canadian shore by a rock-filled weir, and supplemented by submerged rock sills in the deeper portion of the river adjacent to the dyke. The estimated cost of these works, which lie in Canadian waters, is $700,000.

The works proposed in the St. Clair River are a series of thirty-one submerged rock sills, with crests thirty feet below the low water stage of the river, designed to restore levels of Lake Michigan and Lake Huron to the extent of one foot. The estimated cost of these works is $2,700,000. The sills lie in part in Canadian and in part in American waters.

Provided that the Canadian Government gives its consent to the construction of these works by the United States War Department, and if the Congress of the United States likewise authorizes the undertaking, the plans therefor will be presented to the International Joint Commission, in accordance with the provisions of the Treaty of 1909.

The War Department states, however, that it will be of material assistance to it in presenting the plans to Congress to be assured of the consent of the Government of Canada to the construction of the proposed works by the United States. I have, therefore, the honor to inquire whether it is possible for you to give me an expression of your views on this subject.

I avail myself [etc.]

William Phillips
[Page 50]
[Enclosure 2]

The American Minister ( Phillips ) to the Canadian Secretary of State for External Affairs ( Mackenzie King )

No. 94

Sir: With reference to my note No. 82 of March 5, 1928, in regard to the report of the Joint Board of Engineers on the St. Lawrence Waterway made on November 16, 1926, concerning compensating works to be constructed on the Niagara and St. Clair rivers, I have the honor to inform you that I am now in receipt of instructions from my Government to the effect that it is the intention of the War Department to recommend to Congress the appropriation of funds sufficient to cover the entire cost of the work without participation by Canada. I shall be very grateful if you will be so good as to advise me whether the Government of Canada consents to the construction of the proposed works.

I avail myself [etc.]

William Phillips
[Enclosure 3]

The Canadian Secretary of State for External Affairs ( Mackenzie King ) to the American Minister ( Phillips )

Sir: I have the honour to acknowledge the receipt of your notes No. 82 of March 5th and No. 94 of March 30th, 1928, setting forth proposals for the construction of certain compensating works in the Niagara and St. Clair Rivers by and at the expense of the United States, and enquiring whether the Canadian Government would agree to these proposals.

The Canadian Government recognizes the value of the proposed works and appreciates the willingness of the Government of the United States to meet the whole expenditure, including that involved in the work in Canadian waters. The proposals, however, while providing a substantial measure of compensation, so far as navigation is concerned, for diversions or losses of water from the Upper Lakes and Lake Erie, do not provide compensation as regards navigation in the St. Lawrence system below the Niagara River, nor compensation for the loss of power at any point. It is the view of the Government of Canada that any plan for compensating works should cover all the waters and interests affected and should form part of a final settlement of the issues created by the Chicago diversion.

[Page 51]

I should be obliged if you could inform me whether a definite appropriation for the purpose in question has yet been made by Congress.

Accept [etc.]

W. L. Mackenzie King