[Enclosure]
The Canadian Secretary of State for External
Affairs (Bennett) to the
American Minister (Robbins)
No. 25
Ottawa, April 10,
1934.
Sir: I have the honour to refer to
your note No. 142, dated the 5th December, 1933, concerning the
deepening of the down-bound channels in the Detroit River.
[Page 986]
It is observed that your Secretary of War is proposing changes in
the original project, by his letter and accompanying plan
enclosed with your note, and that the changes will involve
dredging in Canadian waters and, for the most economic execution
of the work, the utilization of disposal areas in Canadian
waters east of the channel.
These proposals have been examined by an inter-departmental
committee, consisting of representatives of the departments of
the Canadian Government which are primarily concerned, and it is
possible now to express the views of the Canadian Government
with regard to this matter.
The proposals generally have received the approval of the
Canadian Government, in so far as that approval is necessary.
Accordingly, the authorities charged with the execution of this
work are authorized to dispose spoil material in Canadian waters
east of the channel, in the location outlined in red on the copy
of Plan D. D. R. 17/185, attached hereto,91 the spoil area not
to extend southerly below the Detroit River Light, and to have
not less than twelve feet of water over it at Lake Erie
elevation 570.5 M. T. A. Approval is also given to the dredging
in Canadian waters, consisting of the widening of the existing
downbound channel from its present width of 800 feet to 1,200
feet, and the widening also, on the east side, by cutting off a
sector just above the junction of the up-bound and down-bound
channel, the whole to be given a depth of 26 feet below
elevation 570.5 M. T. A.
There is one aspect of the proposals which requires special
consideration. The Canadian Government is strongly of the
opinion that it would be inadvisable to use as a disposal area
the bottom of the Lake between the existing up-bound and
down-bound channels. The reason for this view is that the
technical advisers of the Canadian Government are of the opinion
that a menace might thus be created to navigation seeking the
entrance to the Detroit River in thick weather and quite
possibly over-running the channel and its marks. The technical
advisers are of the opinion that such a situation could readily
be overcome at comparatively little, if any, extra expense by
disposing of the material resulting from dipper or hopper dredge
operations to the westwards of the existing down-bound channel.
This matter has been discussed with the United States Engineer
Officer who has expressed the opinion that the disposal of spoil
material between the up-bound and down-bound channels will be of
minor importance, and that the material will not be deposited in
a manner to constitute a menace to navigation. He has also
observed that it is not certain that material will be disposed
between the two channels and that, in that event, the disposal
area will be west of the Livingstone Channel.
The area between the two channels is entirely within United
States waters but, nevertheless, the Canadian Government
ventures to express
[Page 987]
the hope that it will not be used as a disposal area and that,
in the event that it becomes necessary to dispose spoil material
in that area, the work will be so executed that even the
possibility of a menace to navigation will be avoided.
The question of the possible effect of this work upon the
material level or flow of the Detroit River or Lake Erie, has
been considered, and it is the view of the technical advisers of
the Government, that the level or flow of these waters will not
be affected. Consequently, the matter is not one requiring
reference to the International Joint Commission under the
Boundary Waters Treaty.92
In expressing the consent of the Canadian Government to the
proposed changes in the original plans for the deepening of the
downbound channels in the Detroit River, and in making the
foregoing observations, it is desired that the approval thus
given should be subject, generally, to the conditions set forth
in my note No. 35, dated the 24th March 1932,93 in so far as they are
applicable, and also to the following conditions:—
- (a)
- 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.
- (b)
- Authorized representatives of the Canadian Government
shall be free at all times to inspect the work during
progress, and shall also be permitted to make whatever
check surveys, with soundings, meterings and gaugings as
may be considered desirable at any time.
- (c)
- 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 and
with copies of the plans and specifications governing
the work.
- (d)
- On completion of the work the Engineer Officer in
charge for the United States Government to furnish to
the District Engineer of the Department of Public Works
at London a statement with any necessary illustrative
plans indicating the condition in which the work was
found on completion.
- (e)
- That all necessary steps shall be taken to safeguard
the interests of navigation during the progress of the
work.
Accept [etc.]
