711.4216 M 58/146
The Minister in Canada (Phillips) to the Secretary of State
Ottawa, July 13,
1928.
[Received July 16.]
No. 520Sir: 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.]
[Enclosure 1]
The American Minister (Phillips) to the Canadian Secretary of State for External
Affairs (Mackenzie
King)
Ottawa, March 5,
1928.
No. 82Sir: 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.]
[Page 50]
[Enclosure 2]
The American Minister (Phillips) to the Canadian Secretary of State for External
Affairs (Mackenzie
King)
Ottawa, March 30,
1928.
No. 94Sir: 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.]
[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.]
