Foreign Relations of the United States Diplomatic Papers, 1935, The British Commonwealth; Europe, Volume II

711.42157M51/24

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

No. 17

Washington, August 26, 1935.

Sir: On April 9, 1920, the Secretary of State transmitted to the Chargé d’Affaires of Great Britain a copy of a petition⁵⁵ presented by the inhabitants of the city of Newport and the towns of Derby, Coventry, Barton and Newport, in the State of Vermont, representing that owing to the action of the Dominion Textile Company in maintaining a dam for power purposes in the Magog River at or near the outlet of Lake Memphremagog, in the Province of Quebec, the level of the lake had been increased several feet above the normal level. This resulted in damage to American residence and property owners in the vicinity of the lake and along the Clyde, Barton and Black Rivers which empty therein, the levels of which are affected by the level of the lake.

The attention of the Chargé d’Affaires was also drawn to the provisions of Articles 3 and 4 of the Boundary Waters Convention of January 11, 1909.⁵⁶

In a note dated August 2, 1920, from the British Embassy⁵⁵ it was suggested that the United States Government appoint an engineer to confer with a Canadian Government engineer and if possible unite with the latter in a joint recommendation to each government as to the levels or level at which Lake Memphremagog should be, as far as possible, maintained. This suggestion was acceptable to this Government and the International Lake Memphremagog Board was accordingly established.

After numerous delays, due in large part to the efforts of the interested parties to find a satisfactory solution to the problem between themselves, the Board completed its investigation and on May 14, 1934, submitted its report. It is gratifying to note that during the investigation the Board had the cooperation of the Dominion Textile Company “which has maintained the levels of the lake in a manner which has avoided the development of further complaints on the part of the foreshore landowners.” In conclusion the Board recommended that the following principles should govern the regulation of the flow of water from Lake Memphremagog:

• “(a) That the levels of the lake shall continue to be regulated in accordance with the rights of regulation held and practised by the Dominion Textile Company at the time of the signing of the Boundary Waters Treaty in 1909, i. e. the levels under conditions of normal flow to range between the upper elevation of 682.57 old datum or 682.70 Geodetic Survey of Canada 1923 adjustment, and a lower limit of 678.85 old datum or 678.98 under the 1923 adjustment.
• “(b) That during times of flood the sluiceways of the dam shall be sufficiently opened to ensure that the outflow from the lake shall be unobstructed by the dam, the flood water drawn off, and the water level in the lake reduced to the normal regulated level of 682.70 as rapidly as possible.”

Please address a note to the Canadian Government in the above sense, stating that this Government is pleased to concur in the recommendations of the Board as a satisfactory solution of the problem at the present time and inquiring whether the recommendations in question also have the approval of the Canadian Government. You should add that while this Government has every expectation that the suggested adjustment will prove a satisfactory solution of the problem, should it be the subject of future complaints the matter would appear to be one which should be referred to the International Joint Commission.

A copy of the report of the International Lake Memphremagog Board is enclosed for your information.⁵⁷

Very truly yours,

For the Secretary of State:

R. Walton Moore

55. Not printed.
56. Foreign Relations, 1910, p. 532.
55. Not printed.
57. Not printed.