A comprehensive and final settlement of the far-reaching issues created by the Chicago diversion is unquestionably desirable. Such settlement involves, however, covering all the waters and interests affected so as to render it impracticable within a reasonable time to present a satisfactory, all inclusive plan. It would appear contrary to the best interests of Canada as well as of the United States to defer for an indefinite period remedial measures whose immediate execution is feasible. The construction of the proposed projects will in no way prejudice any other features of the plan of final settlement. From a physical standpoint, the works proposed for remedying the lowered lake levels are entirely independent of any works or measures appropriate for remedying the effect below the Niagara River. The Joint Board of Engineers on the St. Lawrence waterway made an exhaustive investigation into the possibility of constructing more elaborate works in the St. Clair and Niagara Rivers which might be operated to improve the outflow of the St. Lawrence and unanimously came to the conclusion that such works are inadvisable and impracticable.

While the recent rise in the levels of the Great Lakes, due to ample rainfall, has rendered somewhat less acute the need for works for the correction of their levels, yet it is in such periods of abundant supply that the compensating works should be constructed. Their construction will necessarily diminish slightly the flow of the St. Lawrence during the period of adjustment of the lake levels, and the works cannot be constructed at times of extreme low water without some injury to Canadian interests. By taking advantage of the present opportunity to construct them, future extreme low levels of the lakes, injurious to the interests of both Canada and the United States, will be forestalled.

I suggest that it may be advisable to bring these special considerations to the attention of the Canadian Government, and to request a further expression of views.

In reply to your specific inquiry, the Congress has not yet made an appropriation for the proposed works. The authorization of such an appropriation has been recommended to Congress in a report dated April 26, 1928, from the Chief of Engineers, United States Army, on a preliminary examination and survey of the Great Lakes-their connecting waters, principal harbors, and river channels, authorized by the River and Harbor Act approved January 21, 1927. This report is printed in House Document No. 253, 70th Congress, 1st Session.

Sincerely yours,

DWIGHT F. DAVIS

711.4216 M 58/150

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

No. 414

WASHINGTON, November 30, 1928. SIR: Reference is made to the Department's instructions No. 140 of February 1, 1928 and No. 187 of March 23, 1928 and to your despatch No. 520 of July 13 last in regard to the matter of the proposed construction by the United States War Department of the compensating works in the Niagara and St. Clair Rivers which were recommended in the report of the Joint Board of Engineers on the St. Lawrence waterway on November 16, 1926.

A copy of your despatch was forwarded to the Secretary of War with the request that he comment on the statements of the Canadian Government in regard to this matter. There is enclosed for your information a copy of the reply, dated September 14, 1928, from the Secretary of War.32

It is desired that you bring this matter again to the attention of the Canadian Government. You will point out that the compensating works proposed in the Niagara and St. Clair Rivers have for their purpose the compensation of lowered lake levels irrespective of the cause of such lowered levels. You will add that the compensating works proposed for the St. Clair River, following the plans prepared by the Joint Board of Engineers on the St. Lawrence waterway, are intended to correct a total lowering of one foot in the levels of Lakes Huron and Michigan, resulting from diversions and the enlargement of the contracted section at the head of this River; and that the appropriate authorities of your Government consider that the dredging of gravel for commercial purposes in Canada is a major contributing cause to this enlargement.

You will explain to the Canadian Government that the compensating works proposed in the Niagara River are similarly intended to correct the lowering of the level of Lake Erie, resulting from diversions both in the United States and in Canada for sanitary, canal and power purposes. You will add that while a comprehensive and final settlement of the issues created by the Chicago diversion is unquestionably desirable, such a settlement involves the covering of all the waters and interests affected and it would be impracticable to present within a reasonable time an all inclusive plan of settlement. It would appear contrary to the best interests of Canada as well as of the United States to defer for an indefinite period remedial measures whose immediate execution is not only feasible but has been recommended by the Joint Board of Engineers

- Supra.

representing both countries. You will add that the construction of the proposed compensating works will in no way prejudice any other features of the plan of final settlement.

With respect to the statement of the Canadian Government that the proposed works do not provide compensation as regards navigation and power in the St. Lawrence system below the Niagara River, you will say that, from a physical standpoint, the works proposed for remedying the lowered lake levels are entirely independent of any works or measures appropriate for remedying the effect below the Niagara River. The Joint Board of Engineers on the St. Lawrence waterway made an exhaustive investigation into the possibility of constructing more elaborate works in the St. Clair and Niagara Rivers which might be operated to improve the outflow of the St. Lawrence and unanimously came to the conclusion that such works are impracticable and inadvisable.

You will state that while the recent rise in the levels of the Great Lakes, due to ample rainfall, has rendered somewhat less acute the need for works for the correction of the levels, yet it is in such periods of abundant supply that the compensating works should be constructed. Their construction will necessarily diminish slightly the flow of the St. Lawrence River during the period of adjustment of the lake levels, and the works cannot be constructed at times of extreme low water without some injury to Canadian interests. By taking advantage of the present opportunity to construct them, future extreme low levels of the lakes, injurious to the interests of both Canada and the United States, will be forestalled.

You will say that in view of the foregoing considerations you venture to express the hope of your Government that the Government of Canada will see fit to consent to the construction of the proposed works by the United States War Department.

In response to Mr. King's inquiry as to whether a definite appropriation for the proposed works has yet been made by Congress, you will note that the letter from the War Department states that Congress has not yet made an appropriation for this purpose but that the authorization of such an appropriation has been recommended to Congress in a report, dated April 26, 1928, from the Chief of Engineers, United States Army, on a preliminary examination and survey of the Great Lakes, their connecting waters, principal harbors and river channels, authorized by the River and Harbor Act approved January 21, 1927.

I am [etc.]

FRANK B. KELLOGG

REFERENCE OF THE PROBLEM OF THE IMPROVEMENT OF THE ROSEAU RIVER DRAINAGE SYSTEM FOR STUDY AND REPORT TO THE INTERNATIONAL JOINT COMMISSION 33

711.42157 R 72/28

The Secretary of State to the Canadian Minister (Massey)

WASHINGTON, February 25, 1928.

34

SIR: Adverting to previous correspondence exchanged with you regarding the improvement of the drainage in the valley of the Roseau River, particularly to your note of November 1, 1927, and the Department's reply thereto of December 12, 1927,85 I have the honor to inform you that I am advised by a resident of the State of Minnesota who has recently visited the Roseau River valley that dikes and a dam are under construction about two miles from the international boundary on the Canadian side of the line.

As indicated by my note of December 12, 1927, people who have made a study of the Roseau River drainage problem apprehend that if the dikes and dam, which are said to be under construction, are built extensive damage would ensue by the flooding of lands in Roseau and Kittson Counties, Minnesota.

You will recall that in my note of December 12, 1927, I renewed the suggestion that the entire problem of the improvement of the Roseau River system be referred to the International Joint Commission for investigation, report and recommendations and requested that action to carry out the present plans for the improvement of Roseau River on the Canadian side of the boundary be suspended until the International Joint Commission shall have made an investigation and report under the reference.

In view of the urgency of the matter and of its importance to a considerable number of residents of the Roseau River valley I venture to express the hope that I may be apprized at an early date of the decision of the Canadian Government regarding the proposed reference of the matter to the International Joint Commission and advised as to the status of the improvements on the Canadian side of the boundary and what the intentions of the Canadian Government with respect to the improvements are.

The Government of the United States would appreciate the cooperation of the Canadian Government to the end that the best interests of the people on both sides of the boundary may be most conveniently served.

Accept [etc.]

23

FRANK B. KELLOGG

For previous correspondence, see Foreign Relations, 1927, vol. I, pp. 490 fr. "Ibid., p. 492.

35 Ibid., p. 493.

711.42157 R 72/33

36

The Canadian Minister (Massey) to the Secretary of State No. 61 WASHINGTON, 2 April, 1928. SIR: I have the honour to refer to previous correspondence regarding the improvement of the drainage in the valley of the Roseau River, and especially to your note of February 25th. last and my acknowledgment thereof of February 27th. The Secretary of State for External Affairs has now instructed me to inform you that he has taken note of your observations that apprehensions exist lest the construction of the Roseau River improvement works on the Canadian side of the boundary should cause extensive damage by flooding of lands in Roseau and Kittson Counties, Minnesota, and also of your request that the entire problem of the improvement of the Roseau River system be referred to the International Joint Commission for investigation, report and recommendations, and that meanwhile work on the Canadian side of the boundary be suspended.

His Majesty's Government in Canada has given careful consideration to these representations. A further analysis has been made of the effect of the proposed improvements upon the water levels at the boundary, and communications upon the subject have been exchanged with the Government of the Province of Manitoba.

87

The further examinations which have been made of the lower Roseau River improvement project confirm the view expressed in my note Number 269 of November 1st. 1927, that the effect of the works is not believed to be contrary to the spirit or provisions of the Boundary Waters Treaty of 1909, and that it is not believed that the works as designed will raise the natural level of the waters on the south side of the International Boundary. The discharge sections of the proposed floodway have been checked, and the calculations confirm the opinion that flood-flows recorded prior to the adoption of the scheme of improvement can be handled without any backwater effect in Minnesota.

As there appears, however, to be some apprehension on the part of interests in the United States as to possible detrimental effect of the works on the upper reaches of the Roseau River, His Majesty's Government in Canada will have pleasure in joining with the United States in referring the entire problem of the Roseau River system to the International Joint Commission for investigation, report and recommendation under Article 9 of the Boundary Waters Treaty.

As previously indicated, the surface channel or floodway capacity of the River could be increased to receive the additional flood waters

36 Acknowledgment not printed.

"Foreign Relations, 1910, p. 532.