711.42157 R 72/46

The Canadian Minister (Massey) to the Secretary of State

No. 186

Sir: I have the honour to refer to my note Number 152 of October 5th. 192841 and previous correspondence concerning the reference to the International Joint Commission of the drainage problem of the Roseau River. You will recall that in a note dated August 4th. 1928, you informed me that the terms of reference which were drafted and signed at Winnipeg on July 10th. 1928, by Mr. R. de B. Corriveau and Mr. N. C. Grover, accredited representatives of Canada and the United States, were acceptable to the Government of the United States, and that you considered it desirable that the construction of works on the Canadian side of the international boundary [Page 62] should be suspended until the International Joint Commission had had an opportunity to investigate the problem of drainage in the Roseau Valley.

The delay in replying to your note of August 4th. has been caused by the necessity of discussing with the Government of the Province of Manitoba the matter of the suspension of work on the Roseau River protective works which have been under construction by the Government of Canada in co-operation with the Government of the Province of Manitoba.

I have now been instructed to inform you that the Terms of Reference agreed to by Messrs. Grover and Corriveau are satisfactory to His Majesty’s Government in Canada, and that arrangements have now been made for the temporary suspension of work on the Roseau River protective works in Manitoba until such time as the International Joint Commission shall have had an opportunity of reviewing the situation. His Majesty’s Government in Canada is therefore prepared formally to transmit the Roseau Reference to the International Joint Commission for examination and report in accordance with the provisions of Article 9 of the Boundary Waters Treaty of 1909.

In making this reference to the Commission, it is desired to draw the attention of the Government of the United States to the fact that the protective works which have been under way in the lower Roseau river in the Province of Manitoba have been designed to offset the excess flood flows resulting from the extensive drainage works which have been constructed in the upper Roseau river watershed in the United States without regard to the effect of such works upon the lands bordering upon the lower reaches of the Roseau river in Manitoba. Faced with the resultant extensive flooding of Manitoba lands bordering on the Roseau river, the Government of Canada, jointly with the Government of the Province of Manitoba, arranged for the construction of the protective works which have been the subject of this present interchange of correspondence between the Governments of Canada and of the United States. It is the opinion of the Canadian engineers who have designed and reported upon these works that they will not affect the natural levels of the Roseau river at the international boundary. Even in the event of their affecting these water levels, the works are so planned as to permit of such conditions being relieved by channel excavation between the embankments which have been designed and partly constructed. The design will further permit of any channel enlargement which may be considered necessary to accommodate larger flood flows than have been experienced heretofore. This flexibility will permit of the works fitting in with any reclamation project which may be [Page 63] reported upon favourably by the International Joint Commission as a result of its investigations under the Reference.

Having the above mentioned points in mind, His Majesty’s Government in Canada has, nevertheless, in order that the situation might be approached and examined by the Commission without complications, arranged to suspend temporarily the construction of the protective works in Canada, although such suspension is working a decided hardship upon Canadian landed interests affected by the excess flows which have developed on the Roseau river.

In view of these conditions, His Majesty’s Government in Canada, in transmitting the Roseau River Reference to the International Joint Commission, proposes to suggest to the Commission the desirability of giving early consideration to the questions incorporated in Paragraph 2 of the Reference—which questions have to do with the approval or modification of the protective works as at present projected—in order to ascertain whether some measure of approval of these protective works might not be expressed at an early stage in the Commission’s investigations without prejudice to its consideration of the questions of the Terms of Reference as a whole. It has occurred to the Government of Canada that the Government of the United States, in transmitting the Reference to the Commission, might feel disposed to include some such similar suggestion, in order that the protection of Canadian landed interests affected may not be unnecessarily delayed.

The Government of Canada would also suggest that in transmitting the Reference to the Commission, an intimation might be included to the effect that the technical assistance which the Commission will probably require in making its investigations into this problem could be supplied from the technical services of the two Governments, should the Commission so desire.

I have [etc.]

H. H. Wrong

(For the Minister)
  1. Not printed.