711.42157 Detrodt/33

The Chargé in Canada (Boal) to the Secretary of State

No. 1297

Sir: I have the honor to refer to instruction No. 706 of September 24, 1932, (file No. 711.42157 Detroit/25) and other correspondence, regarding operations to be conducted in Canadian waters in connection with the dredging of certain shoal areas in the St. Clair River, and to report the receipt of note No. 27 of March 21, 1933, from the Department of External Affairs, in which the Canadian Government grants the necessary permission to carry out the proposed works, subject, however, to certain important conditions.

Copy of the note in question is transmitted herewith.

Respectfully yours,

Pierre de L. Boal
[Enclosure]

The Canadian Secretary of State for External Affairs (Bennett) to the American Chargé (Boal)

No. 27

Sir: I have the honour to refer to your note No. 576 dated the 6th October, 1932, in which you transmitted a copy of a letter addressed to the Secretary of State at Washington by the Acting Secretary of War regarding operations which the War Department proposed to conduct in Canadian waters in connection with the dredging of certain shoal areas in the St. Clair River to a depth of twenty-five feet at low water datum, and enclosing a set of thirteen blue prints showing in general the areas to be dredged.

I have the honour to inform you that the Canadian Government has granted the necessary permission to carry out the proposed works, subject, however, to the following conditions:

(1)
That the United States Government, having decided upon the extent of the proposed improvement, shall, before proceeding with the dredging and disposal of spoil material, submit the result of their further studies to the Engineers of the Department of Public Works, and secure the concurrence of the Canadian Government Engineers therein, in [Page 94]order that the maximum beneficial effect from the disposal of the waste material shall be obtained.
(2)
That the Canadian Government shall be informed in advance of the method to be followed in carrying out the work, and shall be provided with a programme of operations.
(3)
That a particular study shall be made of the conditions surrounding navigation at the junction of the Chenal Ecarte river with the main channel of the St. Clair River, and agreement secured thereto between the Engineers of the United States Government and the Engineers of the Canadian Government in order that, as a result of any improvement proposed to be made, the difficulties of navigating at this section will be no more onerous than under existing conditions.
(4)
That during the progress of the work, and subsequent thereto, such soundings, gaugings, and meterings shall be carried out as may be agreed upon, the work to be done by the United States Corps of Engineers, the Department of Public Works to be kept advised of the results obtained so as to insure that limitations of the Boundary Waters Treaty of 1909 are adhered to, and navigation interests protected. Authorized representatives of the Canadian Government shall be free at all times to inspect the work during progress and shall also be permitted to continue to make such check surveys with soundings, meterings and gaugings, in any part of the St. Clair River, as may be considered desirable at any time.
(5)
That whatever works are carried out in Canadian territorial waters shall be carried out without prejudice to the sovereign or territorial rights of the Dominion of Canada.
(6)
That the ownership of materials deposited in Canadian waters, or upon lands in Canada, shall automatically become the property of the Crown in right of the Dominion or of the Province, or the property of private individuals, dependent on the ownership of the site where the materials are placed; provided, however, that this condition shall not be construed as entitling the owner of such site to remove or otherwise disturb the materials deposited in Canadian waters, unless authorized by the appropriate authorities charged with the responsibility for the interests of navigation.
(7)
That all necessary steps shall be taken by the United States Government to safeguard the interests of navigation during the progress of work.
(8)
That the United States Engineers shall present plans for submission to the Department of Indian Affairs showing, in detail, the location and extent of the spoiling areas on Walpole Island, Squirrel Island and the marshes south thereof, accompanied by a statement setting forth the method of disposal and the extent of the yardage involved.
(9)
That, if on receipt of this information an investigation shows that the interests of the Indians will suffer damage, either directly or indirectly, or by reason of the effect of such operations upon existing or prospective leases, equitable compensation will be paid to the Department of Indian Affairs for the benefit of the Indians.
(10)
That the method of disposal will be subject to the approval of the Department of Indian Affairs.
(11)
That, prior to the commencement of the work, the Department of Indian Affairs will be provided with a programme of the operations, in so far as they may affect Walpole and Squirrel Islands and the marshes south thereof.
(12)
That, in view of a question that exists between the Department of Indian Affairs and the Government of the Province of Ontario as to the ownership of the marshes adjoining these lands, and without prejudice to the claim of the Department of Indian Affairs, which does not admit the claim of the Province, the consent and approval of the Government of the Province of Ontario should be obtained, in so far as it may affect any claim that that Province may have in these marshes.
(13)
That the consent of the owner of any land upon which waste material is to be deposited, whether that owner be the Crown in right of the Dominion or in right of the Province of Ontario, or a private individual, shall be obtained prior to the disposition of any such waste material on such land. This provision shall not extend to the disposition of waste material in the bed of the river at places where the depth is in excess of forty feet, and where the disposition is in accordance with the limitations set forth in the proposal.
(14)
That, while it is expected that adherence to the foregoing conditions will insure that the resulting effect of the contemplated work upon the levels of Lakes Huron and Erie and the connecting waters will be practically negligible, the United States authorities will, in the event of adverse effects upon such levels resulting, undertake the construction of such compensating works as may be necessary.
(15)
That the permission hereby granted is without prejudice to the rights or obligations of either of the parties arising from either the provisions of or the declarations noted in the St. Lawrence Deep Waterway Treaty, signed at Washington the 18th July, 1932.56

Accept [etc.]

W. H. Walker

For the Secretary of State for External Affairs