Water Levels of Lake Ontario

WATER LEVELS OF LAKE ONTARIO

REPORT TO

THE GOVERNMENT OF CANADA

AND

THE GOVERNMENT OF THE UNITED STATES (Under the Reference of June 25 1952)

THE INTERNATIONAL JOINT COMMISSION

5 April 1961

The Honourable H.C. Grcen The Ilonourable Dean Rusk The Secretary of State Secretary of State for External Affairs of the United States Ott am Washington

Dear Sir,

Under Reference of 25 'June, 1952, the Governments of the United States and Canada requestedthe International Joint Commission to determine,having ' regard to all other interests, ðer measurescan be taken to =&alate the level of Lake Ontario for the benefit of property owners on the shores of the lake in the United States and Canada so as to reduce the extremes of stage whichhave been experienced.

The Commisaionls studies under this Reference mre carried on in conjunction with the studies related to the Applicat.ion received from the Governments of United States and Canada underdate of 30 June 1952, for an order of approval of the oonstmction of certain works for development of power in the International Rapids Section of theSt Lawrence River. These studies were so scheduled as not to delay the construction of the works for development of power. Variousrecommendations under theReference were submitted to the Governments from time to time. These verious recommendations and the supporting Studies are described in the report of the Commission signed in Washington on 5 April, 1961 and hereby transmitted together with the Appendices mentioned in the report . This constitutes the final report of the Commission under the Lake OntarioLevels Reference of 25 June 1952. ' '

The Commission is preparing additional copies of this report and twentyfive will be forwarded to you as soon as they are completed.

D,G.Chance €1 .J . Donohue Secretary, Canadian Section Secretary,United States Section International Joint Commission International Joint Commission TABLFT OF CONTENTS

Page

FRONTISPIECE

1 3 4 8 Navieation...... 9 Riparian Interests...... 50 12 1.4 15

Description of General Approach...... 15 Factors Affecting the Fluctuations of Lake Ontario Mater ~vels...... ,...... ~...... 16 21 30 32

I. Great Lakes Drainage Jjasin...... Frontispiece 2. Take Ontario Drainage Basin. 3. St IswrenceRiver - IakeOntario to Lake St Peter. 4. Morth Channel and Galop Rapids Section Showing 1874 Conditions andLocation of Improvements. INTRODUCTION -."I 'Ikis report to tho Governnwrts of thc TJnited States of America and

Canada is submitted pursuant to the Reference to this Commission embodied, in identical letters dated 2s June 1952 and signed by the ActingSecretary of State for the Uni.ted States and the &cretary of State for External.

Affairs for Canada, respectively. The full text of the Reference is quoted below:

"In order to detemnine, havini regard to all other Fnterests, whether measwes can be talcen to regulate the level of Lake Ontario for the benefit of property owners on the shores of the lake in theUnited States and Canada so as to reducethe extrenes of stage which have been experienced, the Governmentsof the UnitedStates and Canada have agreed to refm the mattor to the Jnternatimal Joint Co~l~nlission.for investigation and report pursuant to Article IX of the Treaty relating to boundary waters between the United States and Canada, signedJanuary 11, 1909.

"It is desired that the Commission study the various factors which affect the fluctuations of water level on Lake Gntario, including the construction in the St Lawrence River known as *Gut Dam', and any diversion of water into or out of theGreat Lakes basin, and shall determinewhether in its judgment action can be taken by either or both Governments to bring about a more beneficial range of stage, having regard to the proposed plan for improvement for navigation and power of the International Rapids Section of the St Lawrence River and the proposed method of rerfulation of the levels of Lake Ontario which is an essential feature of that plan.

"A3 a result of its studiesunder this Reference, it is deRired that ,the Commission shall determinewhether, in its judgment, clmnges in regard to existing works or other measures would be praciicablo and in the public interest from the points of view of the twoGovernments, having in mind the order ofprecedence to be observed in the use8 of boundary waters as provided in Article VI11 of tho noundary Waters Treaty of 1909. 2

ttirl the event; that the Commir;sion should find that changes in existiny: works or that other measures would be fcasibl-e @d desirabl-e, it s11oul.d indicat,e how t,he interests on either side of the boundary would be heneftted or adversclyaffected thereby. The Conunission s?7rnllrf ssbimatethe cost of suchchanges in existing works or of such other measures, inchlr-lincindemnification for damage to public and private property arising therefrom and .the cost of any rerrw3in.l. works that may be found to be necessary. With due regard to the final- paragraph of this Referenco and to tho arrangements presently being proposed for devoloprnm1-t; of power in the International Rapids Section of theSt L,awrence River, the Commission should indicate how the cost of any measures and the amounts of any resulting damage should be apportioned between tho interests involved.

"In the conductof its investigation and otherwise in the performanceof its duties under this Reference,the Commission may utilize the services of engineers and other specially qualified personnel of the technical agencies of Canada and the United States and will as far as possible make um of information and technical data heretofore acquired by such technical agencies or which. may become available during the course of the investigation, thus avoiding duplication of effort and unnecessary expense.

'!It is the desire of both Governments that consideration of this Reference sha3.1 not delay action by the Comission with respect to applications submittod to the Commission concerningtho development of power in tho International Rapids Section of the St Lawrence River. If

The arrangements for development of power in the Internatlional Rapids

Section of the St Lawrence River referred to in the fourth and sixth paragraphs of this Reference are thoseprovided for in the Applications of i;heGovernment of Canada and tho Government of the IJnited States of America to the International Joint Co~mnissionfor an Ordorof Approval of the

Construction of Certain Works for Development of Power in the International

Rapids Section of the St Lawrence Riverunder date of 30 June 1952, These Applications were approved by this Commission in an Order of Approval dated 29 October 1952. A Supplementary Ordor dated 2 July 1956 was issued subsequently hy the Commission to implement among other things the approval 3

by tho Govcrmnc?nts Q.€ a rango of stage for TAce Ontario l.evels, crtteria for the opcrat ion of the regulatory works, and a basis fox, calculating the critical water profil-es and designing the channelexcavations. Copies of the texts of %he Applications for the pomr devel.opmnent dated 30 June

1952 arc athched hereto as Appendix A. The Order of Approval dated 29

October 1952 and %he SupplementaryOrder datod 2 ,July 1956 are contained

number of tnstances were influenced to a considerable extent by requirements of the Commission in connection wLth the St Law-rence Rimr power development. As a result a number of the actions taken by this Commission relative to the power developmen% were based on results of investigations made underthe Jake OntarioReference. As knowledge of the timing and sequence of events is necessary for a clear understanding of the various actions taken, a chronologicalstatement of events is included in this report under the Section entitled r~Studies.”

II\JTRRNATLOi~AL LA!# 0Nl’ARIO BOAPBI_” 0% E?,TGTNEERS

Following receipt, of the Reference, the Commission, early in 1953, established the International Lake Ontario Board of Fhgineers consisting of one member each from Canada and the [JnitedStates. The Board bras instructed to undertake, through appropriate agencies in the two countries, the necessary investigatlons and studies and to advise the Commission on all technical. engineering matters which it must consider in making a report or reports to the two Governments under the Reference. The Board

’eras requested to keep the Commission advised on problems&ich might be 4 resolved.prior to completion of the Ronrd's ah.u.lics. The following intoerimre!port6s mre received by the Comnlission:

1. Interim Hepost on Regulation of Lake Ontario,dated 14 March 1955 (This report is includod as Appendix D of the report, ReguIrrtion of L,nlco Ontario,dated Uarch1957.)

2, Effect on L:.ci~, Ontario Water Lsvels of an Increase of 1,000 Cubic Feet Per :jccond in the Diversion at Chicago for a Period of Three Years, dated 1b June 1955. 3. Effect of Diversions onLake OntarioWater Levels, dated 1s Plarch 1956, !I, Regulation of Lake Ontario(three Volumes), dated March 1957. 5. Effects on Lake Ontario Water Levels of the Cut am and channel Changes in the Galop Rapids Roach of the St Lawrence R?.tror (withthree appendices) dated October 195'8.

Swnmaries of the results of the studies covered by these, interim reports arecontained b the Board's final report, dated December 1958, a copy of which is attachod hereto as Appendix C. 3RSCRIPTION OF THE GIGAT LAKES - ST LA?dRENCE RIVER BASIN The Great Lakes Basin, shown on Plate 1 constitutes the major part of the St Lawrence Riller system and has a drainage area at the outlet of Lake htayio of approximately 29s,OOO square miles, about one-third of which is water surface. The Great Lakes with their vast storage capacity provide one of the finest natural. regulatory systems in the worldproducing an unusually uniform flow in the St Lawrence River with a minimum recorded flow of approximately one half the maximum flow,

Jake Superior, the uppennos-t and largest of tho C.reat Lakes, discharges through the St Plsry's River into lialco Huron. Since 1921 this discharge has been controlled under the supervision of this

Commission through the International Lake Su.perior Board of Control pnrsuant to Orders of Approval, dated 26 an.d 27 &ty 1914, The natural supply to hke Superior has been increased by diversions from the

AlbanyRiver basin through the Long Lake and Ogoki projects in Canada commencing in 1939 and 1943 respectively. During theperiod of 1-945 through 195’7 the annual sum of thesediversions has averaged about 5,000 c .f .8 . Lakes Michigan and Huron are connected by the broad anddeep

Straits of Mackinac and are usually treated as one lake in hydro- logicconsiderations. The naturalsupply to these lakes has been decreased by diversions from Lake Flichigan, at Chicago into the !lississippi River basin. These diversions cornrnenced in 10~8and averaged about 500 c.f.s. annually until 1900 when they were increased progressively until a maximum annual average of about 10,000 c .f .s. was reached in

1928, By decree of the UnitedStates Supremo Courtdated 21 April 1930, thedfversion was decreasedprogressively from 1929 through 1938. Since 1938, withfew exceptions, the diversion, as limited by thedecree, has beenmaintained at an annualaverage of 1,500 c.f.s. exclusive of domestic pwnpage, which hasaveraged about 1,600 c.f.s.; this makes a total diversion out of the system at that point of about 3,100 c .f .s . The n:n.tural outlet for thedischarge from LakesNiclligan-Huron is throughthe St Clair River, Lake St Clair and theDetroit River into Lake Erie. Improvements toincrease depths in the channels,of these rivers have increased their dischargecapacity. In later pars works were built for thepurpose of compensating for these increases. 6

Ialce Pnl;ario by my of the T:TcLlEuld Canal and the DeCew Falls power plant tailrace and has averagedabout 7,000 c.f.s. since 1950, La!re Ont;ario, shown on Plate 2 is tho lowest in the Great Lakes

chainand, with tho exception of Lake St Clair, is also the smallest.

Variations in the water levels of Lake Ontario are of considerable

signlfigance to the otmers of riparian property al.ong the shores of

thelake, and toother interests, Lake levels are dependent on the

relationship between the rates at which water is supplied from the

upperlakes, about 89% of the total inflow,and from the local drainage

basin to the lake, and the rates at which waterdischarges from the

lakethrough %he StJmrrence River, With the construction of theSt

:Lawrence seamy and pomr projects the outflows from Lake Ontario are

being regulated,

The St Law-rmce River falls about 246 feet in the distance of 533

miles from the outlet of Ialce k-1;ari.o aC Kingston,Ontario, to Father

Point, Quebec, which nlarks its transition into the Gulf of St Lawrence.

‘Remajor portion of this fall, som0 226 feet, occurs between Lake Ontario

and Montreal Earbour, 183 m? les do-cmstream from thelake. ”his section

is shom on Plate 3. The reach of theriver from Chimney Point,four

mileseast of Qgdonsburg, New York, to the head of Lake St Francis,

referred to as the International Rapids Section, is 47 miles longwith a

total drop in water I.eve:L of 92 feet at, mean sta.ge. The development

for naviga.tion and pc::e?s in th.i:! :::c.cti.ort zonmcnced in 1954 in accordance

tlith tho Conmission:s Order sf Appx*oval of 29 October 3.952 (see Appendix B) e 7

1evel.s of Lake Cntarlo; a dum in tho Long Sault Rapids hettJeen Earnhart

1al.and and 1;he United States shore; and two powerhouses, one on either side OP the i.n.t;on~:~t,i.onal.boundary ai; the foot of Barnhart Xslaxl, with

;I total insta?.I.at8:i.on rated at 1.8 mill.ionkilosratts. Excavations in the river arc designed to provide a controlling depth of 27 feet in the navigation channels and satisfactory velocities for navigation and for the formation of icecover for winter powor operations. A navigation

I.oclc and canal on the Canadian side, by passing the Iroquois control dam, and a canal. with two locks on the Unit8ed States side, by passing Long

Sault dam, are designed to provide a 30-footdepth over the lock sil-1s and a 27-foot controlling depth in the cr2na,ls,,

A few mtles below the Barnhart Island power plants the river widens into Lake St Francis which, dth theexception of a small area at the upstream end bounclod by about three miles of shoreline, lies in Canada ?

The level of the lake was under partial. control from 1932 to 1943 but since that time it has been fully controll-ed by the Beauharnois power plant and a. series of dams at its natural outlet near Coteau Landing*

The Beauhanois ~OWWplant, on the shore of Lake St Louis, develops the full head of about 83 feet between Lake St Francis and Lake St

Lovis, The forebay of thisplant is connected to Lake St Francis by a combined pow~and nnvigati.on canal. about 16 miles long and 3,000 feet trick. T~rolocks at the lower end of the canal, having depths of

30 feet over the sil-ls, bypass the power plant. Lalco St Louis receives, in addition to the inflow from the 15%

L~T~WICC"I?iver, a portion of the runoff of the Ottawa Rlver through

tho outlot of Lake St Jlouis to Jfontreal Harbour, a distance of about

13 miles, the fall in the river is about 47 feet, 33 feet of d-dch OCCUZ'S

through the Lachine Rapids and Narrows before the river widens to form

Laprairie basin. Various schemes for developing pomr from thts fall

have been proposcd hut tho final plan has not been formulated. The St

hrrence River from the lomr end of Lake St Louis to T.!nntmal Harbour is bypassed by 8 27-foot navigationcanal on the south shore, Two locks providhg 30-footl depths over the sil.ls 3n conjunction with a dyked channel overconlo the dLfferenca in level bettmen Lake St Louis and NontrrealHarbour. Tho upporportion of this canal has been designed

to permit a flow of k0,OOO c.f.s. to be bypassed from Lake St Louis to Lapriarie Basin during the non-navigation ~eason.

PROBLE?4S WITH FBSPECT TO LNVJ3LS AiW OUTIi'LOWS FROM - LAKE ONTARTO - Just, as thern are a large number of natural and artificial factors

which can affect the lsvels and outf1o.m of Lake Ontario, there are a

cowespondingly large number of aspects to the effects of actual levels

and outflaws, or changes thereto, on thevarious interes3s involved.

These interests have been grouped into three categoriss for general

consideration, namely, navigation, riparian and power. In discussing the effect of levels and outflows of Zalte Ontario on these interests,

change8 in lcvols and outflows resulting from and made possible by 9 rtrpl.nt;ion xrc used as tho basis for prosontation of tho available

hsve sinlilnr impact on the navigation, riparian, and power interests. In many instances thc dooircs of the various intereats with respect to possible

cl~m~psare divergent and in some casos confl-icting.

Tho navigation intesosts are concerned with maintaining a relatively high minLmrn level on Ialce Ontario, which allows greater drafts for vessgls,

RS wll na with maintaining high mjnimum flows in the St Lawrence River to a3sur~satisfactory dam:; bream levels. This latter aspect is of particular jmportanco in the klontreal. area t&ore it is essential also to ensure that the frequcncy of occurrence of low flow is not adversely increased due

to tho ragulation of theoutflows of Lake Ontario. A decrease in the minimum flow as a result of the reguxation of Lake Ontario would adversely

affect the available drafts and would necessitate dredging or other appropriate rcm~dialT?I~~!;.GU~S. Additional. dredging in MontrealHarbour

could affect the stnbility of mnny of thc misting haybow hcilities.

Thfs problem is conrTdicated by the possibility of coincidence of low

regulated outflows from Ialce Ontario with low flows from the Ottawa River,

Navigation interests are concerned, lm-L to a lesser degree, with maximum water levels as they govern elevations of their structuresr

Frequency and duration of high flows must also be considered as they affect river currents, their directions and velocities. 10

R:ipari.nn Interest 8 I-

Shore property on Lake Ontario is subject Lo damage by flooding and by XTWO action. Damage to shore property results from flooding alone when the mean ldce level exceeds the level of natural or artificial barriers. The problem homvor is intensified and the flood damage increased when storm activity over the Rake causes a temporary tilting of the lakol s surface.

'I11e resultmb rise in stage superimposed on the man lake level causes greater inshore depths thus increasing the force of the warns as they approach the shore with a consequent increase in severity of damage.

Althoughmajor damage rssults from flooding durlng the high lake stages, far greater damage is caused by warn action during stoms, particularly when coincidentwith high lake levels. This results in erosion of the shore and damage to or destruction of structures, buildings and valuable arable land. Fortunatelytlm storms are generally less frequent and less severeduring the swnmor.season when the lake is at its highest seasonal stage . Any plan for regulation of the outflows from Lake Ontario will produce levels different from those which would obtain under natural conditions or withoutregulation. Changes Fn lake levels and their duration will have 'aeffect on the damage to shore property from

flooding and wave action. Shore propertyinterests desire a reduction of high lake levels. However, in developing a plan of regulation whioh will benefit shore property on Lake Ontario, consideration must be given not only to tho maximum level reached under regulation, but also to the duration of intermediate and hiph levels and their pmsible coincidence with storms.

All interests, bordering on blce StFrancis, Lake 5% I~ouisand the

other rsnchos of tho r-iver below the International Rapids %mbion are concexmed with the f1.ows and levels of the St Lawrence River. The major problems with which doomstream riparian interests are concernedaret

(a) High water levels on Lake St Louis and downstream during April, May or June resulting fromhigh flows in the St Lawrence Hver

which arc coincident with floods on the Ottawa River.

(b) Low flom on the St Lawrence and Ottawa Riversresulting in low

water levels on Lake St Louis and downstream which would adversely affect the uses of tho waters for domestic water supply and sewage disposal

purposes and for boating and other recreational purposes particularly

during the late summer. (c) IceConditions in the Montrealmoa where at the onset of

winter and during Spring breakup the St Lawrence River 18 subject to ice

jams with the most severe occurring in Laprairie Basin and in Montreal

Harbour and below, Homver, it is believedthat the operation of ice

breakers below Montreal in recent years has somewhat reduced the flood

hazard due to ice jams particularly during Spring breakup, Many factors contribute to this .f%ood hazard and it is difficult to predict accurately

the effect of the St Lawrence River discharge on the magnitudeof flooding

due to ice )ditionsin Montreal Harbour and Laprairie Basin. The hazard 12 could be aggravated with increased discharges or substantial or rapid varhtions in clischargs a3 contparcd to past conditions.

Riparian use of waters of klce Ontario for domestic and sanitary purposes are not significantly affected by smnll changes jn levels of that lake and will be benefited by a regulation of the lake levels vhich results in an increase in the mn3-nimuIn stage and a reduction in the range

of stage.

T’o’tmr Interests

The por~?sinteres.ts in the International Rapids Section desire generally high Lake Ontario stages to provide greater heads combined with a range of stage adequate to improve the distribution of lake outflows for

greater firm power production.

The higher the elevations selected for a givonrange of stage, the greater would be theadvantage accruing to the power entities which are responsiblefor the channel enla.rgements above the powerhouses in the

‘International R3pids Section.In addition to theireffect in reducing the

cost of the works, increased minimum and nlaximurn levels t~ouldincrease the potentialoutput at the powerhouses,Concurrently, however, there would

possibly be some reduction in %he power output of the hydro-electric

generating plants dt Queenston and Lewiston on the Niagara River,

Also of importance to the power entities is the regulation of flows

durjng the winter months. To ensurethe formation of an icecover It is

essential that, the velocity should not exceed that at which an ice cover were organizod so 2:: to meet the following abjectlves: (a) Evaluatc effects of various factors on the levels of Eake Gnt axio. (b) Dotermino possibilities for regulation of Lake On-bario so as to reduce the extrcrnos of stage.

(c) Deternine clt.:s'ir*ablechanRos in existing works ox othermasures in the public intemst . (d) Fvaluate effects of changes in existing works and other measures on vartous interests.

In evaluating the effects of various factors on the 1~vd.sof Lake

Ontario, particular attention vas given to the effects of diversions hto and out of the basin, the Gut' Dam, and channel changes in the GaEop Rapids reach of. the St Lawrence River. To fit in with therequirements sf theOrders of Approval and of design criteria the studies to determine the possibility of reducing the cxtromas of stage by regulation of lake Ontario were scheduled to provide necessary design data early in the studies so as not to delay nonotructAm of the power and associated navigation works in the InternationalSection. Economic evaluations of the results of several ranges of stage were also made to provide a basis for comparing the effects of such measures on the various interests.

STU1)IF:S

Description of General Approach

To carry out the detailed slatdies, this Commission appohted an engineering board designated the International Lake Ontario Board of

Enginoers; this Board in turn,appointed a Working Committee consisting

of representatives of the agencies in each country having assigned responsibilities for thetypes of work involved. The regularfield

organizations of the appropriate agencies IJB~asked to perform the studies needed, thus ensuring that the services of specialists available in both

countries mro utilized on the problem as required.

Water level and dischargedata for the Great Lakes and the St

Lawrence River are availzble from 1860 and the analysis of these recorda

by accepted engineering procedures yielded answers to the'questions in

theReference, In order to cover all aspects of the effects of charlneP changes in the Galop Rapids reach of the St Lawrence River on Lake Ontario water levels, the Cormnission utilized a hydraulic model constructed for

the Government of Canada at the National ResearchCouncil, Ottawa, to

supplemsntthe analysis of therecords. In addition, models constructed

by the Hydro-Electric Pmmr Conmission of Ontario were used to determine

channeldimensions compatible with the requirement of the plan of segulation. I:!actors Affectfig the Fluctuation of Lake Ontario Water Levels There are both natura.1 and artificial factors affecting the water levels of Lake OntaTio. The effects of these factorsare described in some detail in Section IV of the Soard's repod, dated .December J9S8(Appendix C) The predonrinant natural factor has been the variation in the suppl-ies of water to the lake. hrjng the 95-yearperiod of record, 1860-1954, the monthly mean lake level has varied through a. range of 6,CX feet, from 242.68 for November 1934 to 249.29 for June 1952. Seasonalvariations betmen high and low leve1.s haveranged from h.07 feet to 0.32 foot,,

Tilting of the lakels surface through meteorological phenomena results in da.ily and hourly fluctuatioris, which are superimposed upon the long- term and seasonal variations and may reach a maxAmum of three feet at the eas:. snd of the. lake primarily as a result of htgh sustained winds, Effects of other natural fa.ctors such asevaporation, barome*.-!.c changes and ice retardation are of lesser magnitude,

Apart from these hydrometearologioal factors, differential crustal movement of the earth's surface also affects the levels OP Lake Ontario. There has been a progress2ve increase in the water 1ei;els with respect to the land around Lake Ontario as a result of the earth's crust En the Galop

Rapids reach rising at a rate of 0.55 foot per 300 pass with respect to the land at Oswego and at a rate of about ,one foot per 100 years with respect; to the land at $he west end of .the lake. With the natural control of the levels of Lake Ontario in tho GaPop Rapids reach, crustal movement at the above rates has had the e% .:2t of decreasing the discharge capacity of the lake outlet fo. the same lake level or of increasbg thewater levels of the lake at any point on tho shore for tho sanm water supply condilions. ‘lkus, thc tmter 1cVe.l with rcspect to tlho land at Oatrego has r:iscn about 0,5 foot and at the wst;crn end of the lake has risen about

1.0 foot (luring the period from 1860 f.0 1951r.. The eflects of theother natural .factors and all the artifS.cial factors would be superimposed on, and bc indepcndant of , this crustal movcmont effect. The net total supply af water to Lake Ontario an.d the discharge capacity of t,he natural. outlet of Lake Ontario havebeen affected by the works of man, The major artificial factors which have affectedthe levels of Lake Ontario are: diversions aut of and Fnto theGreat Lakes basin;

Gut Dm and channel changes in the Galop Rapids reach of the St Lawrence

River; and the regulation of outflows from Lake ,%perior. Other minor

factors have been the regimen changes in the conrecting river cb.annels between the Great Lakes and diversions front Lake Erie and the Niagara

River for power and navigation.

As mentioned on page 5 hereof, diversions out of Lake Michigan at

Chicago to the ?;Iississippi River drainage basin and into Lake Superior

from the Hudson Bay drainage basin tmr~started in 1848 and 1939

respectively and are still cor~tinuingas of this time. The effects on Lake

Ontario levels of these diversions have varhcl with the magnitude and

timing of the actual diversions. Tho full effect of a constantdiversion,

either into or out of the system, is not attained inmediately but builds

up progressively over a period of t4ime. Forexample, studies indicate

that the ultirnate effect on Lake Ontario levels of a constant diversion osi; o€ Lakes I~~chi~an-IIuronwould be raachnd in about 15 years from the.

Col~u~cncCncntof such a divwsion. The ccrprehensive studies of the effocts of tllcse dfvarsicms on Lake Ontario water levels are summmized in Secti.on V of Appandix 8.

Di.versions out of the Great Lakes basin havo the effect of lowering

Lake Ontario levels vlxile those into the Groat Lakes basin ra,ise them.

The maximum lotmrlng of L3ks Ontario levels due to diversions from Lake

Pichigan w113 mnchad during the period 1930 to 1935 &en lake levels were on tho averago about On43 foot lower than they would have been without the diversions, In Kovcmber 1934 when the recorded month.ly mean level of Lake Cmtario was at its minimum the effect of divcnions out of Lake Michigan was a lowerimg of about On.L!2 foot Prior to l9L.7, the net effect of diversions out of Lake lfichigan and into Lake Superior was a lowering of IskeOntario levels. During 1947 theraising effect on Lake Ontario

Isvcls of divorsions into Lake Superior was about the same as the lovering affect due todiversions out of Lake Michigan. The maxirmun effect of tihe Ogoki and Long Lake diversions alone was reached in 1951 and caused ti rise in Lake Ontario water lovels of about 0.22 foot at, medium stages,

In Juna 1952 whcln the maximum monthly man level of record was reached on IakeOntario, the rarl,ci.ng effect on Ialcc Gntario levels due to the diversions into Jalco Superior emoeded the 1-owering effect of the diversions out of Inko F'tlchigan to the extent that tho lake level was ahout OnC6 foot higher thnn it would haw been without the diversions.

With thc -,.!,magSe rates of diversion of 3,100 c,f.a. out of Lake Nichigan nncl of 5,000 c.f .3. into Lake Suporior, or a net rate of 1,900 c.f .3 into the Great Ialre8 bash, the ultimate effect, on Lake Ontario water levels at, an averageelev9,tion of about 246.0 feet, is to raise Lake Ontario water levels by about 0.09 foot; under outlet conditions existing prior to constxuct,ion of theSt Iawence seawayand power projects.In the regulation plan recommended by the Commission thts additional supply of tmter to Lake Ontario is treated as part of the natural supply to the lake in the maintenance of tho approved regulation criteria.

The GalopRapids reach of the St Lawrence River was the natural control for the water levols of Lake Ontario prior to the construction of the St Lawrence seawayand power projects so that any changes to the river channel in this area would affect the levels of Lake Ontario. Between 1881 and 1908, several changes in theckannel of the Galop brlfds reach tmre macle for the improvement of navigation as follows: dredging in the CanadianGalop Rapids during the period 188101888, 1897-1901 and 1904-1908; realignment of the Galop Canal betmen 1889 and 1896; improvement of tho

Rorth Channel between 1897 and 1908; and the construction of Gut Dam in 1-903. The locations of these improvements are shownon Plate h. During the pertod 1909-1952 no known changes were made to the river channel so th.at the levels of Lake Ontario with respect to its outlet control, were stable . In compliance with the term of the Order of Approval of 29 October

1952, providing that Vke Government of Canada shall proceedforthwith 20 tocarry 0179 i%s expressedintention to remove lout the dam waa removed between 30 October 1952 and 6 Jar".:zry1953.

The comprehensive studies on the effects of thesechannel changes on Lake Ontario water 1ewl.s are summa.rized in Section V ofAppendix C and the results are detailed in Table 1 thereof. During the stable period 1909-1952 the net effects of thesechannel changes, for Jmprovement to navigation, on Lake 0ntario water levels were: at high stages of the lake, a raising of 0.33 foot or four inches; at medium stages, a raising of

0.30 foot or three and one half inches; and at Pow stages a raising of about; three inches. With the removal of Gut Dam, the Lake Ontario water levels were lowered four inches at high stages, four and one half inches at medium stages and four andone quarter inches at low stagrts.

Since August 1921, the outflow from Lake Superior has been completely controlled under the direction of the Internattonal La'

Superior Boord of Control in accordance with the Orders of Approval of the International Joknt Commission, dated 26 and 27 May l9l.h which require that the monthly mean level of Lake Superior be maintained as nearly as may be betwen elevations 602.1 and 603.6 above mean tide at

New York, UoSa 1903 Datum, in such a manner as to provide maximum water for power withoutdetriment to navigation and other interests. Under regulation the outflow from Lake Superior has frequently been increased aboveand decreasedbelow what the natural flow would have been. The equalizing effect of the larw areas and storage capacities of Lakes ltichigan-Huron and Erie has reduced the efl'oct on hke Ontario of rapid ,md m-aviga-tial have had only minor adtrGwsitory effects on the levels of 22 reporting an.dmaking recommendations to the two Governments whileunder the Application the Commission has authority to "pass upon11 and approve the Applications and to attach appropriate conditions to suchapproval.

Under date of 30 June 1952 the Government of Canada and the Govern- ment of the United States filed similar Applications with the International

Joint Commission, nLth therequont that %bath applications be ccn.sidered as in the nature of a joint applLcation for approval of the construction of the works (for development of power in the International RapidsSection of the St Lawrence River) to be jointly undertaken by an entity to be designated by the Government of Canada and an entity to be designated by the United States of America." In their Applications(See Appendix A) the Governments described the works and facilities to be constructed and requestedthe Commission's approval for the establishment by the two

Go-jernments of a Joht Board of %gineers to review,supervise and co- ordinatethe plans, specifications and construction of the works. The

Applicationthen stated !!The works shall be designed,constructed, operated and maTntained according to the followin& conditions *...It

This was followed by a recital: of various operating criteria which would have to be met to protect the prior rights and interests of navigation

Gterests on the St Lawrence River and do.tmst;reara power developments; of method of regulation No 5 which was tldesigned to permitthe lowering of the extreme high water levels and the raising of the extreme low water levels of Lake Ontariol' and to govern discharge and flow upon completion of the works; of the continuing duties and authority of a Rmrd of Controlproposed 23 for establishment by the Comission; of provisions by which such Board could modify or change the restrictions as to flow and water levels in order to carry out experiments to determine what permanent modifications or changesmight be advisable; and a provision by which the Governments would make permanent any changes or modifications in levels and flows recommended by %he Commission and approved by the two Governments,

Inthe final paragraphthe Application requested that '!the Inter- national Joint Commission give priority to these Arvlications and expedite its consideration thereof and its action thereon, so that construction of the project may be undertaken at the earl ".est possible date. 1)

The Application was considered during the summer and autumn of

1752 and public hearings were held, during the course of ticich it was indicated that Method of Regulation No 5 did not provide the improvements in control of water lovels and flows desired under the Reference by the lakeshoreinterests. Studies also indicated that some of thebasic river flow data were in error due to incorreat assumptions made with respect to the effects of ice retardation. It was thus apparent to the Commission that the Hethod of Regulation would need to be changed in order to protect the several interests affected, and that detailed studies and additional data would be requiredbefore this could bedone. Having in mind +:he yequest of the Governments for expeditious action on the Applications, however, %he Comission concluded that the Applications should beapproved substantially as submitted, subject to general conditions to proteot all affected interests both upstream and downstream and with the Commission retaining jurisdiction t0 modify or change the method cf regulation as required b %he light of subsequent studies, 24

On 29 October 1952 the Commission i.ssued its Order of Apr)roval(Appendix R) for the construction,maintenance and operation of the works specified in the Application, subject to condcitions substantially in accord wtth the statementscontained in the Application.Proviaion was mado for the establishment by the twoGovernments of a Joint Roard of kginears "to review and co-ordinate, and if both Governments so authorize, approve the plans and specifications of the works and the programmes of construction thereof submitted for the approval of the respective Governments .,. and to assure the construction of the works in accordancetherewith as approved".Provisj-on wa3 made forthe establishment by the Commission of a Board of Control "to ensure that the provisions of this Order relating to water levels and the regulation of the discharge of water from Lake Ontario and the flow of water through the International Rapids

Section .. arecomplied with ...+I. Provision was mado also for the Board of Control, with the approval of the Commission, to temporarily modify or change the restrictions as to discharge andflow. A furthercondition of the approval PYXJ that "The Government of Canada shall proceedforthwith tocarry out its expressed intention to removeGut Dam". Finally, thn, Conmlission specifically reserved jurisdiction over the subject matter of the Application and the authority to make such further Order or Orders relating thereto as may be necessary in the judgment of the Commi.ssion.

As indicated above the Commission recognized at the time of issuing the Order of Approval that a further Order would be required in relation to the method of regulation and ttlis was one of the reasons for specifically retainingjurisdiction. ??eleanrJhile, the Commission had established the International Lake Ontario

Roard of Engineers to assist tn the studies and investigations required underthe Reference o.f 25 June l952* Afterexhaustive study and consul- tation with the many interests involved, the Commission was satisfied that, having due regard to the interests of all cancerned, the level of Lake

Ontario could be, regulated, ,'for the benefit of property ownors on the silores of the lake in both countries so as to reducethe extremes of stage which had been experienced 3-n the past )I, and this oonclusion was transmitted to the two Governments on 17 llarch 1955.

PulrTtc Hearings were held in Rochester, New York and Toronto, Ontario on 12 and 14 April. 1955 respectively at which a11 interested parties were given conveniene opportunity to express their views upon the criteria and range of stage %entativelgproposed.

On 9 Play 1955 the Commissionrecommended to the two Governments that the works in the St Lawrence, approved on 29 October 1952, 8hOUld be operated in accordance with certain criteria, which hadbeen worked out as being consistsnt with tho basic,governingrequirements of paragraphs by c and d of the Orderof Approval of 29 October 1952; that the level of Lake Ontario should be regul:, ' within a range of mean monthlyelevations, 2LL (navigationseason) to 248r0 feet asne,arly as may be; and that a plan of regulation No 12-A-9, developed within this mnge be adopted, The governments were advisedthat the St Lawrence seaway and power entities could proceed with the determination of the critical water surface profiles and the final design of channel 26 excavations QIP the basis of this range of stage and plan of reprlation, ,with the assurance that any adjustments subsequently required in the plan as a result of further detai.led study and evaluation, would be of a minor nature, The criteria are as follows: The regulated outflow from Lake Ontario from 1 April to 3.C; December shal?. be such as not to reduce the minimum i.*vel of Efontreal Harbour below that which ~ouldhave occurred in the past with the supplies to Lake Ontario since 1860 adjusted to a condition assumi.ng a continuous diversion out of the Great Lakes Basin of 3,100 c,f .s at Chicago and a continuous diversion into the Great Lakes Basin of 5,000.from the Albany River Bash (hereinafter,, called the ttsupplies of the past as adjusted") The regula% : winter outflows from Lake btario from Is December to 31 Narch 'shall be as Parge as feasible and shall be maintained so that 'the difficulties of winter power operation are minimized.

The regulated out flow from Lake Ontario during %he annual spring breakup in Yontr:al Harbourand in the rLver downstream shall not be greater than tmuld have occurred assuming supplies of the past as adjusted,

!!ke reg1.d ;j Fed outflow .!. .'.)rn LRi.:.e Ontario during the annual flood discharge from the Ottawa River S?IF~'~'~.not be greater than would have occurred assuming, supplies of the past as adjusted.

Consistent with other requirements, the minimum regulated monthly outflow from Lake Ontario shall besuch as to secu.re the maximum dependable flow for power.

Consistent with other requiremnts, the maximum regulated outflow from Lake Ontario shall be maintain& as low as possible to reduce cl?annel excavations to a minimum,

Consistent with other requirements, %he levels of Lake Gntaria shall be regulated for the benefit of property ovmers on the ~110resof Lake Ontario in theUnited States and Canada so as to seduce the extreme3 of stage dich have 'acsi? experienced e 27

The regulatlodmonthly moan level of Lalco Ontario shall not exceed elevation 21113.0 with the supplies of th,a past, as adjusted.

Unrlor rcgulation, the frequency of occurrences of monthly mean elovations of approximately 247.0 and higher on hke Ontario shall be less than would have occurred in the paat with the supnlies of the past, as adjusted and with present channel conditions in the GalopRapids Section of the St Lawrence River. &

Tne regulated Level of Lake Ontario on 1 April sh.al.1 not be I.owcr thanelevation 24Lr.0. The regulatedmonthly mean level of the lhlcs from 1 April to 30 November shall be nlainta%led at or above elevation 244.0

In the event of supplies in excess of the supplies of the past as adjusted,the works in the International. kpids Section shall be operated to provide all possible relief to the riparian ownersupstream and downstream. In the event of supplies less than the supplies of the past as adjusted, the works in the International Rapids Section shall be operated to provide all Fossible relief to navigation and power interests.

On the instruction by the Cornmission the Internatic-nal Lake Ontario

Board of Engineers undertook further review of Plan 12-.'-3 to determine what minor adjustments nlight be made to meet the r(equiremnt3 Of all interests,particularly those downstream. The Conunission ,was subsequently adds& that studies indicatod that such modifications could be madewit71 only minor revision.

On 3 Bc9mber LI.955, the Governments of Canada and the United States

"",- "",- .."" .PI & "presentchannel conditions" refers to ccrnditions as of Iqaarch 1955. advised the Conunission that they approved the recommended range of el.evations and criteria, and Plan of Tzet?,1!lation No 12-A-9 for the purpose of calculating critical profiles and the design of channel excavations.

At the same time, the Commission vasurged to continue its studies with a view to perfecting the plan of regulation so as best to meet the requirements of a11 interes-ts, both upstream and down, within the approvedranfe of elevations and criteria.

It should be noted that the rahge of elevations on Lake Ontwia and criteria recommended by the Commission and approved by both Governments differ from those on which Method of Regulation No 5, mentioned in both the Application and the Order of AppFoval of 1952, was based. 1;lethod of Regulation No 5 didnot provide the reduction in the ex!xwmen of stage onLake Ontario, reqvested by the Gove~~~mentsin the

Feference of 25 ,June 1952, andmoreover, revisions had been made by the responsible federal agencies of the two countries to certain of the basic fl.0~data onvrhich Pethod No 5 t7as based.

On 2 July 1956, the Commission issued a SupplementaryOrder to its

Order of Approval of 29 October 1952. All reference to Method of

Regulation No 5 was deleted and the range of elevations on Iake Ontario and the criteria previously approved by the Goverments =re substituted.

The Supplementary Order provides that "The Commiss:i.on will indicate ,in an appropriate fashion, as Che occasion may require, the inter relationship of the criteria, therange of elevations and the otherrequirement", 27 30

At the semi-annual. meetbe of this Commission in April 1.960, tho

TntFrnational St Lawrence River Ro~rdof Control addsod that water supply conditions were again appropriate for tab(? JnE;titu%ionof Plan of Tlagclla),i.on

directed the Intoma,tional St Iawrence River Roard of Control that re::ulation of the outfl.ows of Lake Ontario in accordance with Plan 1.958-A be brought intoeffect on 2@ April 1960. (See Appendix G). Operations since that date have been carried out in generalaccordance with Plan

T&en the resultant flows throughI4ontrea.l Harbour were objectionably low.

This aspect is presently under review by the Commission. ST3414.ARY OF ACTIONS TIT;II>ER THE I?B?i?REN~

The studies to determine the possibility of reducing the extr,<:+-wof stage by regulation of Lake Ontario were so scheduled as not to delay construction of the power works:

(a) On 17 March 1955, as r. result of the comprehensive regulationstudies

and consul-tationwith all interests, it was concluded, and the Govern-

"...measures can be taken, having due regard to the interests of a3.1 concerned, to reguhte the level of Lake Ontario for the benefit of property owners on the shores of the lake in both countries, so as to reduce the ex%remeo of stage which ha.ve' been experienced in the past It.

(b) On 9 Nay 1955, the Commission recom.ended adoption by the two Govern- ments of the following:(See App ndix I) . Criteria for a method of regulation of a.ltflows and levels of hlce Ontario applicable to tho works in the International Rapids SectS.on of the St Lawrence River; and

PPlan of Pegulation No 12-A-7,subject to minor adjustments that may result from further deta.il..ed study and evaluation by the Commission.

On 3 December 1.955, the two Governments concurrerl in the Commissj.onss recommendationsand approved the range of man monthly elevations for

Lake Ontario and thecriteria. Plan of Regulation No 12-A-9, was also apyroved, but only for the purpose of calcula.ting critical profiles and the design of charmel excavation in the International Rapids Section of the St Lawence River. The Commission vas urged to continue its

StlJdieS with a view to perfecting the Plan of Regulation so as best to meet the requirements of all interests both upstream and dotmstream, within the raye of elevations and cirteria approved.(See Appendix J) .

On 2 July 1956, the. Commission issued 8 SupplementaryOrder to its

Order of Approval of 29 October 1952 deleting reference to Nethod of

Regulat 1 No 5 and incorporatingthe approved criteria and rangeof elevations for Lake Ontario and plan of reguhtion 12-A-9 as a basis

for channel design. (See Appendix B)

The Commission, through Lts Internat,ic\nalSt Lawrence River Boa.rd of

Control,cont'inued the regulation studies which led to the development

of Plan 1958-A. Technical approval. was given to this plan and it was transmitted to the two Governments on 24 Octclber 19580 (See Appendix

a 32

CONCIJJSIONS

Conclusions on the matters referred to the Commission by the two Governments are presented hereunder,

1, In thesecond paragraph of theEeference the governments stated: !'It is desired that the Commission study the various factors which affect the fluctuations of water level on Lake Ontario,including

the construction in the Se Lawrence Rivep known as 'Gut Darn', and

any diversion of water into or out of the Great Lakes Ibasin., e '1, The Commissionys studies of the factors affected the fluctuations

of Lake Gntario water levels reveal thatt

(a) NaQurjE factorshave beenpredominant, resulting in IP

!riation in the monthly mean water level of more than six feet over

the long period and as much as four feet from season to Sea5On,

sh~rt-tr-~mifluctuations caused br wind may be superimposed on the longer term variations. (b) mfferentialcrustal movement has mxn"ted in progressive

increase in the later level with respect to the Pandl around the lake.

Since 1860 this has resulted in an increase of about one-half foot a%

Qswego and about one. foot at the western end of the lake.

Great Lakes basin,channel changes in the GaPop Rapids reach, and Lake Superior regulation, have had the following effects under high

&a13 Pow recorded stages on the laker 33 At theHighest Mean Monthly Recorded Stage,June 1952 Effect of Gut Dam and Channel Changes in the Galop Rapids Reach + 0.33 foot Rffect of diversions + 0.06 foot Effect of Lake Superiorregulation + 0.13 foot Total- effect in hne 1952 .+ 0.52 foot Recorded mean monthly level at Oswego, June 1952 249 29 Without effects of artificial factors, mean monthly water levo1 in June 1952 would havebeen

At the Lowest Mean MonthlyRecorded Stage, November 193b Effect ofGut Dam andChannel Changes in the Galop Rapids Reach * 0.25 foot Effect of diversions - 0.42 foot Effect of Ialce Superior regulation - 0.11 foot Total effect in November 1934 - 0.28 foot Recorded mean monthly level at Oswego, November 1934 242.68 Without effects of artificial factors, mean monthly water level in November 1934 would have been 242.96 2. Also in the secondparagraph of theReference the Governments asked that the Commission'tfdeterniinewhether in its judgmr,llt-; action can be taken by either or both Governments to bring about a more

beneficial range of stage having regard to the proposed plan fc;- improvement for navigation and power of the International Rapids Section of the St Lawrence River and the proposed method of regulation

of the levels of Lake Ontario which is an essential feature of that

plan 1'

Pursuant to theforegoing,, the Commission, after public hearings and consideration of the views of all concerned,determined that action 34 could be taken by the two Governments to bring about a more beneficial range of stage by adoptling a range of stage and operating criteria for the works proposed by the two Governments in the St 1,awrcmcc Power Application

(Appendix A). Accordingly, as outlined previovs1.y in this reporb, the

Commissionrecommended and the Governmonts approved the range of stage and criterfa which are now prescribed in the SupplementaryOrder to the Order of Approval dated 29 Octobor 1952 which the Conunission issued on 2 July

1956. The works are now beingoperated in a.ccordancewith the Orders of

Approval. The Commission conclu.destherefore that th.e objectives of the!

Reference in this respect havebeen accomplished.

3. In the thirdparagraph of theReference, the ~overn.ments stated:

"As a result of its studies under this Reference, it is desired that the Commission shall.determine whether, isl its judgment,changes in regard to existing works 'or othek measures tro~ldbe practioable and

in the public interest from the points of view of the twu Governmenks,

having in mind the order of precedence to be observed in the uses of

boundary waters RS provided in Article VI11 of the Boundary Waters

Treaty of 19QYf1.

In this respect, the Commission concludes that, other than the measures already taken in connection with the St Lawenco project which included the elimination of the effect of Gut Tlam, no other changes in regard to existing works or other measures are considered practicable or in the public interest at this time from the points of view of the two Governments. Fvcrthermore, the Commission considers that the measurestaken in connection with the St Lawrence project have sufficient flexibility to permitad,just- mentsfound necessary or desirable in tho future to meet changing conditions or to provide further improvements considered practicable or in the public interest. The order of precedence to be observed in the uses of boundary waters, as prescribed in Article VI11 of the BoundaryWaters Treaty,has beenfollowed in the Orderof Approval of the St Lawrence project dated

29 October 1952 (Appendix B). nis Order requires that the works shall be planned, located,constructed, maintained and operated so ae not to conflict with or restrain uses of the waters of the St Lawrence River for purposes given preference by the treaty Over uses for power purposes, namely uses for domestic and sanitary purposes and uses for navigation, b. In thefourth paragraph of the.Reference' the Governments specified

that Tn theevent that the Commission shouldfind that changes in

e :tine; works or thatother measures would be feasible and G: :iblep

it should indicate how the interests on either side of the boundary would be benefited or adversely affected thereby".

On this point the only measures found practicable and in the public interest are those already taken as described previously*

All interests in both countrtes affected by the construction and operation of the St Lawrence power project have been safeguarded by the Commkssionts Orders sf Approval(Appendix B). The effects of theOrders on 'the interests on &%her side of the boundary are as follows: 36

(a) Riparian interos-tsupstroam from the project and on Lake

Ontario are benefited through the improved range of stage which provides for a rnaldmun mean monthly water level of 248 feet, as nearly as may bo, in the future as compared with the maximum man ~nonthly levelof past record, 2119.23 feet . (11) Navigation upstream from tho project and on Lake Ontario is benefltod because the lowor limit of' mean monthly water levels ~dll not be lover than 2h/.c.O feet, as nearly as mag be, during the navigation season in the future as compared with the minimum mean monthly level!. of past record, 242.68 feet.

Lawrsnce is benefited in a numbor of ways. The development of the deep water. navigation project in this section was facilitated by the construction of the works necessary for power purposes under the power applications (Appendix A) The Orders of Approval for the power projects include conditions for project operation designed to provide levels, flows and velocities satisfactory for navigation,

(d) Conditions for power development in the International

byids section are better than if the Orders of Approvalmerely safeguarded all other interests by roquir'ing conformance to preproject conditions.Specifically the power output of the St Lawrence project

is improved by tlx river regula.tion afforded throl1gh application of the conditions and criteria of theOrders of Approval.

(e) As regards other power interests, the Order ofApproval requires opemtion of the project in a manner that will safeguard the rights and lawful intereets of others engaged or to bo engaged in the deve:Lopment of power in the St Lawrence River below the Inter- national Rapids Section. Criteria in the Order of Approval aredesigned to give effect to this roquiremnt,.

(f) As regards navigation and riparian interests downstream from the International Rapids Section, the Order of Approval requires operation of the power project in a manner that will not conflict with or restrain uses of the watero of the St Lawrence River for domestic and sanitary purposes or for navigation; and that will provide no less protection for navigation and riparian interests downstream than would have occurredunder preproject conditions. Criteria in the Order of

Approval are designed to give effect to these requirements and contain certain minimal safeguards which can be modified by the Commission if experience indicates a need for additional safeguards to. give effect to the said requirements.

In summary, the measures recommended by the Commission, approved by the two Governments and already put into effect through implementation of the Commission'sOrders of Approval of theSt Lawrence project, subject to improvement in detail or the Plan of Regulation 1958-Anow under consideration, will provide conditions which, for a11 affected interests in both countries9 will be as good as or better than would have been the case if those interests had been safeguarded by merely preserving the equivalent of prepro jsct conditions. The necessity of safeguarding the interests downstream from the International Rapids Section const5tutes a limitation on the benefits that may be conferred on other interests affected. 5. Inthe secondsentence of the fourthparagraph of the

Referencethe Governments stated that: "The Cornmission should estimate the cost of such changes in existing works or of such othermeasures, including indemnification for damage to public

and private property arising therefrom and the cost of any

remedial works that maybe found to be necessarylt.

As to the costs, the Commission finds that the conditions of its Orders of Approval of the St Lamence project, including the criteria prescribed after approval by the two Governments pursuant to the objectives of this Reference, do not result in any appreciable increase in costs for construction, operation andmaintenance as compared with the costs that would have resulted or been necessary Go meet conditions and criteria with respeot to Lake Clntario Levels and outflows designed merely to preserve or conform to preproject conditions and thus protect all inte.rests as required by the Boundary Tdat ers Treaty of 1909, As to indemnification for damage, the Commission similarly finds th.at the measures recornmended, approved and put into effect pumuant to this

Reference do not involve any provisions for indemnification additional to those required pursuant to the Boundary Waters Treaty of 1909 and which are incorporated in the Commission'sOrders of Approval for the St Lawrence project 39 6. In the final portion of the fourthparagraph of theReference,

kho two Governments required that: t'tKi.bh due regard to the final

paragraph of this R.eference and to the arrangementspresently

being proposedfor devaI.0pmen.t of power in tihe InternationaX Rapids

Section of tho St Lawrence River,the Commission shouldindicate how the cost of any measures and the amounts of any resulting

damage should be apportioned between the interests involved".

Since, as indicatedpreviously, the measures recommended to and approved by the two Governments pursuant to this Reference and put into effect throughthe Commissionls~Ordors of Approval of the St Lawrence project do notinvolve any appreciable increase in costs, the Commission finds that no apportionment of costs is needed other than that which was proposed by the Applicants andapproved by the Commission in the Order of Approval. As no damage is expected to result from these measures and the Commission is of the opinion that responsibility for any damage that does in fact result should be determined by the normal legal processes in each country, the Commission makes no finding with regard to how the amount of resulting damage, if any, shouldbe apportioned between the interests involved;

7. In the final paragraph of the Reference the two Governments

expressed the desire that 11 e.e consideration of this Reference

shall not,dela$ action by the Commission with respect to applicationssubmitted to the Commission cancerningthe development

of power Fm the Tnternational Rapids Section of the St Lawrence

River 11. 40

Tho studies and actions taken pursuant to the Reference made it possible

for the Commission to consider the many interests affected and the complex

factors involved in a vary large and important joint venture and to issue an initial order of approvalwithin four months. This wasmuch sooner than would have been possible if the terms of theReference had not been available to permit simultaneous consideration and solution of problems that would otherwise have delayed formulation of appropriate conditions and criteria for inclusion in the Order of Approval.Furthermore, it was possible for the Commission to issue a Supplementary Order of Approval at atime and in a manner suoh that the design, construction and completion of the power project were advanced to permit the earliest possible realization of the large benefits thereby made available to the people of both countries.

The Commission finds that this desire of the Governments has been complied with fully and to the benefit of all concerned with the purposes sf both the Reference and the Power Applicationse RECOfjlflNDATIONS

In view of the findings as a result of studies under this Reference and

the aotions already taken pursuant thereto the Cornission recommends that

the Govermnts of Canada and of theUnited States accept this report as F.A. Pacon

A.G.L. KcNaughton E .TnT , lde ber J. L. Danserea~z

F.L. Adams

D .M. Stephens N w

P3 E 31Vld

APPEND1 X A

OTTAWA, June 30, 1952 THE INTFRNATIONAL JOINT COINMISSION, OTTAFJA, Ontario.

Sirs,

1. "he Government of Canada herebysubmits to the InternationalJoint Commission, under the provisions of the Boundary Waters Treaty of January 11, 1909, thisapplication requesting that the Commission approve the construction of certain works, as described in Section 8 of this application, and the operation of such works under the conditions specified in Section 10 of this aFplication, in the Tnternational Rapids Sectionof the St Lawrence River, giving consideration to such effects as the construction and operation of these works may have on the 1evsl.s of water resulting therefrom to be maintained in Lake Ontario and the St Lawrence River.

In addition to the works specified in Section 8 which are covered by this application and which are to be provided and maintained by entities to be designated by the Govern- ment of Canada and the Government of theUnited States of America,Canada will construct, maintain and operate all such works as mag be necessary to provide and maintain a deepwaterKay between the Port of Montrealand Lake Erie; Such deep waterway will be provided as nearly as possible concurrently with the completion of the power development works in the International Rapids Section as described in this application; and

In accordance with the standards contained In the proposed Agreement between Canada and the United States for the developmentof navigation and power in the GreatLakes- StLamence Basin signed March 19, 1941, and the spccifi- cations of the Joint Board ofEngineers, dated November 16, 1926, suchdeep waterway will. afford a controlling channel depth of 27 feet with locks approximately 800 feet long, 80 feet wide and 30 feet over the sills.

3. This application is filed in contemplation of thefiling of a similar applicationby the Government of theUnited States of America. It is requested that both applications be considered as in the nature of a 2

joint appl.j.cation for approval. of thoconstructi.on of the works to be jointsly untlertalten by an entity to be designated by the Government of Canada and entity to 'bo designated hy the Government of the[Jnited States of America.

11. The International. Rapids Section of theSt 1,awrence River is 3.ocated in Canada withinthe Province of Ontario and in the IJnited States of America withinthe State of New York. Throughout its length of approximately 118 miles from Chinmy Point in the State of New York, domstream to the Village of St Regis, New York, it is traversedby the international boundary which follows generally the thread of the stream and which forms a part of the boundary line between Canada and the IJnitod States ofAmerica,

5, The 1nterr:ational Rapids Section of theSt '1;awrence R,iver since 1860 has an observed averageflow of 237,000 cubicfeet per second, with anaggregate fall of 92 feet, The totaldrainage area of theriver at Cornwall,Ontario, is approximately 303,000 square miles, including 9S,OOO squaremiles of water surface. A suitable site is available at thefoot of Barnhart Island near Cornwal.1, Ontario, and bssena, New York, for the developmentof the potential power of this section of the river. The water available would justifythe installation of 2,200,000 horse poxer of hydro-electric generating capacity with an average annual output of approximately 12,600,000,000 kilowatt-hours of energy. The St Lawrence River is navigablethroughout its entire length but navigationthrough the International Rapids Section, the Soul.anges Section and the T,achine Section, which sections lie between Chimney Point, New York, and Montreal,Quebec, a distance of 115 miles, is effected by a series of canals and locks with a controlling depth of 14 feet, by-passing: a series of r apids. (A map of the Great Lakes- St Lawrence Rasin, Exhibit 1, is attached and made part of this application.)

6, The developmnl;of the International Rapids Section of the St Lawrence River has ?eretofore been recommended by the International .To1nl; ConTission in its report dated 'kcember 19, 1921, and by the St Zawrencs Commission of the United States of America in its report dated December 27, 1926, and bythe Canadian National Advisory Committee in its report of January 11, 1928, as animportant stage in the progressive program for the development of the entire Great 1,akes- St Lawrence Basin,

7. Tho CanadianTemporary (ireat Takes-St Lawrence Basin Committee (consisting of representatives of the Department of ExternalAffairs, the Department of Transport, the Hydro-Electric Power Commission of Ontario

a 3 and tllc Quebec: SI;rncirnr; Cortnni:;..;ion) nnd %he 1Jnfbed States St Lawrence Adv.i.nory Conuqittea (consi::t%n~~of represen1;atives of the Departr!lent of ';tat,?, t11e Corrw of Ttli:-i.ncors, TJr,i.ted S.bn.tdesArmy, the Fcdoral Power Conmissionand %ha Potrar Author?.tJr of the State of New York) jn a jointreport dated January 3, 1.91~1, recomnTntled thevarious works to be constn.Ictcd in connection w:i th pomr developmnent in the International 3apiils ."~.?ction,Since that time further s-l:udy andplanning have been done on thc works recommended in the above report by several agoncies, i.ncludingthe Depnrtrrlent of Transport, Canada, and the Corpsof -7I:n&xxrs, UnitedStates Army, wi-th the co-operation of otherpublic agencies of Canada and theVnited States of America. (A plan showing the major works to be perforrmd in the International RapidsSection of theSt Lamencn River, Exhibit 2, is attached and made part of this appl.j.cation; a water proPile map of the Internaticnal Rapids Section, Zxhil3:i.t 3, shovingwater 1.evels in connectionwith the proposed works is attached and made part of this application). 8. This applicationrequests approval of the construction of certain works, jointly by entities to be designated by the respective Governments in accordance with the "Controlled SingleStage Project (238-2b2) which was part of .the Report of Janua.ry 3, 194.1, referred to in the preceding pamgraph, contain in^ the features described below and shown in Exhibit 2. (a) Channel, Enlargements - Channel. enlargexnts will beundertaken from above Chimney Point to below J,otus Island,designed to give a maximum mean velocity in any cross-section of the channel wl6ch will be used for navigation not exceedj-ng four feet per second at any time, also betreen Lotus Island and Iroquois Point and from above Point, Three Poi-nts to below Ogden Island desi-gned to give a maxi-mun mean velocity in any cross-section not exceeding two and one-quarter feet per second with the flow and at the stage to be permitted on the first of January of any par, under regulation of outflow and levels of Lake Ontario in accordance with Nethod of Regulation No 5, as prepared by the General Encheering Branch,Department of 'Jkansport, Canada, dated Ottawa, September, 19hO. Downstream fron the pormr houseschannel. enlargements Wi.11 be carried out for the purpose of reducing the tail ~7aterlevel at the power houses . Final locations and cross-section of these channel enlargemnts will be determined from further studies, (b) ControlFacilities - Adequate controlfacilities will be constructed for the regulation of the outflow from Lake Ontario. (d) Dans and AssociatedStructwes - A control dam will be constmctedextending from Iroquois Point on the Canadian side of the river in an easterly direction to the [Jnited States mai nl.and above Point Fiock~way.

.A dam will be constructed in the Long Sault Rapids at thp head of Darnhart Island.

Dykes and asrjociated works will. be provided as may be necessary in boththe Province of Ontario and the State of New vork.

All tJle works in the pool below the control darn will be designed to provide for full hke Ontario level.

(e) Nighway Modifications - Inboth the Province of Ontario and the State of New York provincial and state highways,and other roads, will be relocated in thoseportions subject to flood- ins, and reconstructed to standards at least equal to those now in existence. (f) Railway Nodifications - Such railway relocations as may be required as a result of the works hereindescribed will be make in the Province of Ontario and the State of New York to standards at least equal to those now in existence.

(g) NavigationFaciliti.es - Provision will be mada for the continuance of 14-foot navigation throughou’t the International RapidsSecti.on tlurinr; the constructionperiod. (h) Fl.ooded Areas - Lands and bui.ldi.ngs in both theProvince of Ontario and the State of bJew Pork will be acquired or rehabilitated as required. Inundated wooded areas will be cleared. 9.(a)The entity to he desl.r(natcd b:y Canada to construct the proposed facilities, shall submit to Canada for approval, prior to and during the progress of construction of the works, all detailed plans of the works, or of parts thereof, or such of theseplans as Canada mav reqvire andsuch programs of construction a3 Canada may require, and beforeproceeding with the works shall obtain Canada'sapproval thereof in writing, and such entity, Sefore making any change in the site or in the general or detailed p:Lans which havebeen so approved or in the works constructed or under construction in pursuance thereof, shall submit to Canada for approval, all plans of suchproposed changes, or such of these plans as Canada may require, and beforeproceeding with the changes shall obtain Canada's approval thereof in writing. (It is understoodthat Canada's approval, as provided for above, will not be unreasonably withheld or delayed,)

(b)The applicant requests the approval of the International Joint Commission for the establishment by the two Governments of a Joint Romd of Engineers, consisting of an equal number of representa,tives of Canada and the IJnited States to be designated by the respective Governments, for the purpose of reviewing, supervising and co-ordinatingthe plans, specifications and construction of the works specified above.

10, The works shall be designed,constructed, operated and maintained according to the following conditions:

(a)All main features of the project described herein shall be so planned,located, constructed and operated as to be adaptable to the improvement of the International Rapids Section of the St Lawrence ?ri.ver fornavigation purposes, to the aid and benefit of commerce and navigation, and to the preservation of the riphts and interests of Canada and the United States in the watersof the International hpids Section of theSt Lawrace River under the Boundary Waters Treaty of 1909. The works shall be operated and maintained in conformity wtth the requirements of the prior rights and interests of navigation on the St Lawrence River and in such a manner as to protect the rights and interests of others enpaged in the development of power in the River below theInternational RapidsSection. The maintenance and operation of the works on the Canadian side of the Inter- national Boundary shall be subject to the supervision of Canada,

(b)Upon the completion of the works and, if necessary, during the construction thereof, and subject to the provisions of paragraph 6

(e) of this ,%ctj.on, thedischarge from Take Ontario and the flow through the International Rapids Section shall be regulatedin accordance with Kethod of ?.egulation No. 5 as preparedby the Ceneral Engineering Branch, hpartmentof Transport, Canada, dated Ottawa, September 19h0, and shall be based on the Ru1.e Curvesforming part of that Method of Regulation. "?lis Pethod of Regulation is designed to permit the lowering of theextreme high water levels and the raising of theextreme low levels of Lake Ontario.Copies of these Fhle Curves, with a description of the method of their application, are attached hereto as Exhibit 4.

(c)Subject tothe provisions of paragraph (e) of thisSection, the flow through the International RapidsSection in any period shall equal the discharge from Lake Ontario as determined for that period in accordance with Kethod of Regulation No 5. referredto in paragraph (b) of this Section and this flow shall be maintained uniformly throughout that period.

(d)A "Board of Control" (referred to hereinafter as the Board) consisting of an equal number of representatives of Canada and of the TJnited States shall be established by the International Joint Commission. The duties of the rloard shall.be to ensure compliancewith the conditions in regard to the regulation of thedischarge from Lake Ontario and the flow through the Inter- national RapidsSection as set forth hereinbefore, and to carry out such other duties as may be delegated to it by the Inter- national Joint Commission . (e)The Board may temporarily modify or change my or all of the restrictions as to flow and water levels as specified above in orderto carry out experiments for the purpose of determining what permanent modifications or changes mag beadvisable, and after suchexperiments the International Joint Commission may recommend to the two Governments any modifications or changes consideredadvisable, and the twoGovernments, consistentwith theprovisions of paragraph (a) of this Section, may by exchangeof notes make suchmodifications or changespermanent.

(f)Upon completion of the works, and subjectto paragraph (e) of this Section, tbe works shall be operated initially for a test period of ten years, or such shorter period as may be approved 7

by the International Joint Commission, w-Lth thewater level at the power houses'held at a maximum elevation of 238.0,sea level datum, and in theevent that the Board considersthat operation with the water ].eve1 at the pomr houses held to a maximum elevatfonexceeding 238.0 would be advisable,the Internaticnal Joint Colntnission may authorize operation at a maximum elevation exceeding 238 .O

11. The applicant requests approval of suchallocation between the ! t*espective entities, as may hereafter be submitted, of the cost of constructing, maintaining and operating the works coveredby this application. 12. Inorder to avoid unnecessary expense and theduplication of engineeringinvestigations al.ready made, the applicant will place at the disposal of the Commission engineering data relating to this project which it possesses at the date of this application and suchengineering personnel as may be available to assist the Commission in the performance of its duties under this application.

13. Material and data indicatingthe urgent public need for hydro- e1ectrj.c power potentially available in the International Rapids Section of the St Lawrence River will be filed in support of this application in thecourse of theproceedings before the International Joint Commission. a. In view of theincreasing demand necessitatingadditional. sources for the supply of electrical power in theProvince of Ontario and the urgent need for irnmedj.ate action, the applicant requests that, consistent with its rules of procedure,the International Joint Commission give priority to this application and expedite its consideration thereof a:! f its action thereon, so that construction of the project may be undertaken at the earliest possible date. Respectfully submitted,

(sgd) LOUIS S. ST-LAUR.ENT for t,he

Secretary of State for External Affairs. EXHIBIT h

TO ACCOMPANY APPLICATION OF THE GOVERNMENT OF CANADA TO THE INTERNATIONAL JOINT COWESSION FOR AN ORDER OF APPROVAL OF THE CONSTRUCTION OF CERTAIN WORKS FOR DEmLOPMNNT OF POWER IN THE INTERlJATIONRL RAPIDS SECTION OF THE ST LAWRTNCE RIVER

IBGUUTION OF LAKE ONTARIO - METHOD NO 5 1, For the first month orperiod during which Regulation is to be applied, the discharge to be permitted will be that determinedfrom Plate No 1, based on the water level of the Lake at the beginning of the month or period, modified by the application of a Worrection" that will be based on the supply to the Lake during the previous month or period and determined from Plate No 2.

2. A ffCorrection'1,determined as outlined in paragraph 1, will be applied to the discharge for each month or period, as determined from Plate No 1, subject, however, to the conditions set out in paragraph h hereinafter,

3, For the second and subsequentperiods, the discharge to be permitted before modification by the Worrectionff will be baaed on the water level of the Lake that. would have prevailed at the end of the previous period hadno Vorrectionn been applied, except for the month of January, when theactual. water level at the end of Deaember will be used . 4. The application of the %orrection" will be governed by the following rules:

(i)No "Correct ion ft to be applied during December to March inclulsive.

(ii) llCorrectionft for all other months to be based onmean supply during pmvious month.

(iii) %orrection" to he applied in April to be based on mean supply during the previous period of November to March inclusive. (iv) No ftCorrectionffto be applied in May if positive.

5. The supply to Lake Ontarioduring any period will be the algebraic sum of the discharge from the Lake and the storage on the, Lake during the period, '['lie TnI,cr1ui.,i.ona! ,Toi 111, COItil,1i::;-; i.ou Irn:i.t,r~l:;I,:tl,t~:; zr~li:nnatln

'Ik:;h-ir~eton, D.C., n~~d OtI,:trg:i? Cnl~ndn

5i rs :

1. The Govcrnmrnt of theUnited States hereby submits to the 1ntcrlmti.clnrtl Joint Commissi-on, under tkle provisj ons of the Boundary 1ht;m-s Treaty of JzLnu.wy 11, 1909, this Application requesting that the Conunissi.cn a.pprom theconstructi.on of certain works, as described in secti.on 8 of this Application, and theoperation of such tmrks under the! conditions specified in section 10 of this Application, in the Znt,ernati.or:nl RapidsSection of the St Lawrence Fiver, giving consideration to such effects as the construction and operation of these ~mrltsmay haveon the levels of water resulting therefronl to be maintained im Lake Ontario and the St Lawrence River.

2. This Appli.cation is filedwith the understanding on the part of the UnitedStates:

That, in additlon to the works specified in section 8 which are covered by this Appltcafion and which are to be constructed by entitj.es to be designated ,by the Govern- ment of the United States and the Goverfiment of Canada, Canada will constructmaintain, and operate pll such works as may be necessary to provide and maintain a deep waterway bethx!on the Port of Flontrealand Lake Erie;

That such deep waterway %Jillbe provided as nearly as possible concurrently with the completion of the power devclopmont worl-rs in the International Rapids Section as described in this Appl-ication;and

That, in aceoxlancewith the standards contained in the proposed AEreerrent between Canada and thelinited States for the developnlent of navigation and power in the Great Iakes-St T..a%n?enceBasin, si.fved Pqarch 19, lghl, and the specifications of the Joint Eoard of Engineers, dated Rovember 1-6, 1926, such deep waterway. will. a.fford a controlling channel.depth of 27 feet, 'with locks approximately h'W feet lone;, 80 feet wide, and 30 feet over the sins.

, Th-is Application is filedin contemplation of thefiling of a similar Applj-cation by the Goverrmmt, of Canada. Tt is 2

h.. The International Rapids Secti-onof the St Lawrence R5.mr Is 1.ocated in Canada withinthe Frovi.nce of Ontario and in the United Stateswithin the State of New York. Throughout its length of approximately h8 miles from Chinmoy Point in the State of Rev York, dolamstream to the Village of St. Regis, New York, it is traversed by the International Boundary which fol1.0~~generally the thread of the streamand which forms a part of the boundary line hettmen the TJnited States and Canada..

The Intkwnational Rapid,s Section of theSt Lawrence River since5’. 1-860 hasan observed averace flow of 237,000 cubic feet per second,with an aggregate fall of 92 feet. The totaldrainage area of the river at Cornvall,Cntario, is approximately 303,000 square miles, including 95,OOO squaremiles of water sux-face. A suitable site is available at the foot of Barnhart Island near Cornwall, Ontario, and Nassena, New York, for tho development of the potential power of this section of theriver. The wateravailable would justify an installation of 2,200,000 horse power of hydroelectric generating capacity with an averagea,nnual output of approximately 12,600,000,000 kilowatt-hours of energy, me St IawrencoRiver is navigable throughout, its entire length but navigation through the International FapidsSecti-on, the Soul.anges Section, and the Lachine Section, which sections lie between Chi.nmny Point, New York, and Nontreal, Quebec, a distance of 115 miles, is effected by a series of canals and locks, with a controlling depth of Ilr feet , by-passing a series of rapids, (A map of theGreat Lakes-St Lawrence Basin, Exhibit 1, is attached and made part of this Application,)

6, The development of theInternational Rapids Sectionof the St Lawrence River has heretofore been recormended by the Inter- national Joi.ntCormission in its report dated December 19, 1921, and by the St Lawrence Conmissionof the United States in its report datedhcernber 27, 1926, and by the Canadianh’ationnl Advisory Commit tea i.n its report of January 11, 1928 , as an important stage in the progressive program for the development of the entiye Great T,akes-St Lawrence Basin. 7. The 1Jnited StatesSt Lawrence Advisory Committee (con- sisti.ng of representatives of the Department, of State,the Corps of Eng:Sneers, United States Army, the Federal- Powr Commission, and the Power Authority of the State of New Yo~k)and the CanadianTemporary Great Jnl~eC+"t T,a.rArencc!nnsin Conmittne (consistinc; of representatives of the Dcyx~rtment;of 1Sxternal Af.fa

8. This Applbationrequests approval of theconstruction of certain works, jointly by entities to be designated by the respective Eovernments, in accordancewith the Vontrolled Single Stage Project (238-242) vhich was partof the Renort of January 3, 1941, referred to in thepreceding paragraph, containing the features described below and shown in Exhibit 2. a. ChannelEnlargements - Channelenlargements will be undertaken from ahove Chimney Foi.nt to bclow 1;otxs Island, clesj.gnated to give a maximummean velocity in any cross- section of th.e channel.which will be used for navigation no+, exceedin!: four feet per second at any time, also br~tweenLotus Island and IroquoisPoint and fromabove F'ojnt Three Poimts to below Ogden Islanddesigned to give a rcaximummean velocity in any cross-section not exceeding two and one-quarter feet; per second with tho flow and at the stage to he pernlitted on the first of January of any par', underref;ulation of outflow and levels ofIake htario in accordancewith R.egulation Method No. 5, as prepared by the General. Enpineering Branch, Ikpartnlentof Transport, Canada, dated Ottawa, September 1940. nownstrvtanl from the power houses channel en3.argF:nlents wi3.3. be carried out for the purposeof reducing the tail wa.l,t:r level at the power houses.

Final locations and crass-ccctions of these channel enlargenlents dl]. 1)e deterlnined from further studies. 4

Control Facilities - Adequate control facilities will be constructed for the regulation of the outflow from Lake Ont,ario. PowerHouse Structures - The power house structures will be constructed in the north channel. extending from the lowerend of Earnhart Island to the Canadian shore, and 80 located that one structure will be on each side of the Inter- national Boundary. Each power house structure will include the main generati-ng units to utilize economically the river flows available to it, with provision for Ice handling and dischargesluices. d. Dams and Associated Structures - A control dam will be constructedextending from IroquoisPoint on the Canadian side of the river in an easterly direction to the United States mainlandabove Point Roclcway.

A dam prill be constructed on the Long Sault Rapids at the headof Rarnhart Island.

Dykes and associated works will be provided as may be necessary in both Mew York State and the Province of Ontario.

All the works in the pool below the control dam will be designed to provide for full Lake Ontario level. e. Highway Modifications - In both the State of New York and theProvince of Ontarioprovincial and state highways,and otherroads, will be relocated in those portions subject to flood5.ng, and reconstructedto standards at least equal to those now in existence. f. Railway T\lodifieatd.ons - Such railway relccations as may be required as a result of the works hemin described will be made in the State of New York and theProvince of Ontario to standards at least equal to those now inexistence. g. Navigation Facilities - Provision will be made for the continuance of fourteen-footnavigation throughout the International R.apids Section, duri.ng theconstruction period. h. FloodedAreas - Iands and bui.ldings in both the State of New Trork and in the Province of Ontario will lx acquired or rehabilitated as requiire4. Inundated wooded areas will be cleared . 9. a, The entity to be designatedby the United States to construct the proposed facilities shall submit to the United States for approval, prior to and duringthe progress of construction of the works, all detailed plans of the works, or of parts thereof, or such of these plans as the IJnited States may require and such prograras of construction as the United States may require, and before proceeding with the works shall obtain the approval of theUnited States thereof in writing, and, such entity before making any change in the site or in the general or detailed plans whichhave been so approved, or in the works constructed or under construction in pursuancethereof, shall submit to theUnited States for approval, all plansof such proposed changes, or suchof these plans as the United States may require, and before proceeding with the changes shall obtain the appruval of theUnited States thereof in writing,(It is uhderstood. that the approval of the United States, as provided for above , will not be unreasonably withheld or delayed,) b, The Applicantrequests the approval of theInternational Joint Commission for the establishment by the two Govern- ments of a joint engineering board consisting ofan equal number of representatives of the United States and Canada, to be designated by the respective Governments for the purpose of reviewing,supervising, and coordinating the plans,specifications, and construction of the works specified above.

10, The works shall be designed,constructed, operated, and maintainedaccording to the following conditions: a. All main features of theproject described herein shall be so planned,located, constructed, and operated as to be adaptable to the improvement of theInternational Rapids Sectionof the St Lawrence Riverfor navigation purposes, to the aid and benefit of commerce and navigation, and to the preservation of the rights and interests of the United States and Canada in the waters of the International Rapids Section of the St 1awr;:nce Riverunder .tileBoundary Watere Treaty of 1909. The works shall be operatedand maintained in conformity with the requirements of the prior rights and interests of navigation on the St Lawrence River and in such b, IJpon completion of the wrlcs, and ifnecessary during the construction thereof, and subject to the provisions of paragraph (e) of thissection, the discharge from Lake Ontarioand the flow through the International RapidsSection shall- be regulated in accordance wfth Nethod of R.egulation No. 5 as pmparedby the General Engi.neering Branch, Depart- ment of Transport, Canada, dated Ottawa,September l9!1O, and shall be based on the RuleCurves forming part of that Method ofRegulation. This Nethod of ??egul.ation is designed to pernit the lowering of theextreme high wter levels and the raising of theextreme low water levels of Lake Ontario, Copies of these Rule Curves, with a description of the method of their application, are attached hereto a3 Exhibit 4.

C, Subject tothe provisions of paragraph (e) of thissection, the flow through the International RapidsSect,ion in any period shall equal the discharge from lakeOntario as determined for that period in accordance with Method of Regulation No. 5 referred to in paragraph (b) of this section and this flow shall be maintained uniformly through- outthat period. d. A "Board of Control"(referred to hereinafter as the Board) consiting of an equal number of representatives of theUnited Statss and Canada shall be established by the International Joint Commission, The duties of the noard shall be to ensurecompliance with the conditions in regard to the regul-ation of thedischarge from Iaalce Ontario and the flow through the International RapidsSection as set forth hereinbefore, and to carry out such other duties as mag be delegated to it by the International Joint Commission, e. The Board may temporarily nodify or" change any or all of the restrictions as to flow andwater levels as specified above in order to carry out experimonts for the purpose of determining what permanmtmodifications or changes mag be 7

advisable, ant1 aftcr ~11~17expwj ntcnts the Commission may rwommond to the two Eovwnmcntsany modificationsor chan~esconsi.dered advisahle, an the two governments, consistent with the provisions o" paragraph(a) above may, by exchance of notes, make suchmodifications or changes per~llannnt.

f. Upon thecompletion of the works, -!,hey shall- be operated initially with the water level at the power houses held at a maximum elevation of 238.0, sea level datum, for a test period of ten yea.rs or such shorter period as may be approvedby the Commission, and in the event that the Board considers that operation with the water level at the power housesheld to a maximum elevation exceeding 238.0 would be practical, the Commission may authorize operation at a maximum elevation exceeding 238.0.

12. The entity or entitiesin the TJnited States which will construct and will operate the IJnited States part ofthe project will be such entity or entities as may be au.thorixed by the Congress, or licensed by the Federal Power Commission under the Federal Power Act. ThisApplication is submittedwith the understanding that approval thereof by the International Joint Commission will not relieve any entity which may be authorized to construct or operate the United States part of the project from compliancewith valid laws of the IJnited States, now in force or hereafter enacted by the Congress, or w.th regulations now in force or hereafter issued by the Federal Power Commission, applicable to the developmentand utilization of the United States share of the waters of the International Rapids Section of the St Lawrence River.

13. Insubmitting this Application, the United States expressly reserves all its existin? rirhts in the &eat Lakes and the St Lawrence River including among others the rights mutually extended to the United States and Canada under the Boundmy Waters Treaty of 1909 as follows: to undertake and carry on governmental works, in the International Rapids Section or elsewhere in boundary waters, for the deepening of channels and other governrnental works for the benefit of commerce and navigation,provided that such works are wholly on its R

opm side of tho line and do not m;l-Lcr~ital.l.yaf rccS, the level or flow of the boundary r.Jatcrs on .t81x othor; -to enjoy free and open navigation of all hounrlary wat,ers and of all canals connocthg boundar:y waters, now existing or wh:ich may hcrasftcr bc constructcd,subjclct to any 3.aws and reculations of ei.t,hor co~~ntr-y withinits own territory, not inconsiRtent with such privilege of free and open navigatton; and to adopt rules and reP;uI.ationr;poverning tho use of such canals withj.n its own terri.tory and to charEetol1.s for the use thereof,nrovided that all. such rulas and replations a.nd all tolls shall. apply equally alike to the inhabitants and veasels of both countries and that they shall beplaced on toms of equality in tho use thereof.

I!!. The reference of this Application tothe International Joint Conlnlission shal.1 notpreclude action by the Ccngress of the !Jnited States to approve tho UnitedStates-Canadian Agreemmt of March 19, l?bl, at anytime pr:i.or to thewithdrawal or lapsing of suchagreement upon notice by either Government, nor shall it precludethe enactment by theConeress at any fut,ure time of legislation consistent with thisApplication governing the United States part of any project for the development and utilization of the United States share of the waters of the International Rapids Section of theSt Lawrence River.

15'. In view of the increasing demand necessitatingadditional sou1.-ces for supply of electric power in the lTnited States and an urgentneed for immediate action,the applicant requests that, consistent w.th its rules of procedure the International Joint Cormniss-J.on give priority to this applicatjon and expedito its consideration thereof and its action thereon so that the construction of the project may be undsytaken at the earliest possible dnte. reLatin[: to this project which it ~OSS~SS~Bat the date of this application and such enyineer'in{: personnel. as may be avaj.lahle to assist the Conmission in the performance of i-ts duties under this AppLication.

The reqllired adtliti.onal copies of this Application are being forwarded to yon under sepnra-te cover.

Very truly yours,

David K. Bruce Acttng Secretary of State

June 30, 1952. REGUIATION OF LAKX ONTARIO - METHOD NO 5

1. For thefirst month or periodduring which Regulation is to be applled, the discharae to be permitted will be thatdetermined from Plate No I, based on the water level of the Lake at the beginning of the month or period, modified by the application of a ffCorrectionll that will be based on the supply to the Lake during the previous month or period and determinedfrom Plate No 2.

2. A ffCorrec.ttonff,detsrmined as outlinedin paragraph 1, will be applied to the discharge for each month or period,as determined from Plate No 1, subject, however, to the conditions set out in paragraph 4 hereinafter.

3. For the secondand subsequent periods, the discharge to be permitted before modification by the Vorrectiontl will be based on the water level of the Lake that would haveprevailed at the end of the previous period had no Worrection" been applied, except for the month ofJanuary, when the actual-water level at the end of December will be used. 4. The application of theVorrectiontl will be governed bythe following rules:

(ii) Vorrectionfl for all other months to be based on man supply during previous month . (iii) Worrectionfl to be applied in April to be based on man supply durinp the previous period of November to March inclusive.

(iv) No Vorrectionffto be appl-ic! in Nay if positive. JOIRlT CO!lMISSIOI? -"."".""INTFRYATT@I!AL """"- IN THT IlATTR OF TIfl APPLICATIOMS OF TIIF: GOWRNMMNT OF CANADA AhJD THE GOVERNMENT OF THX UFJITED STATES OF AInRICA FOR AN ORDER OF APPROVAL OF THE CONSTRUCTION OF CERTAIN IJORKS FOR DFmLOPtmNT OF POblEX IN THE INTERNATIONAI, RAPIDS SECTION OF TWT;: ST LAWRYNCF, RIVER

ORDER OF APPROVAL

Id??EREAS the Government of Canada and the Government of the United States of America underdate of 30 June, 1952,have submitted Applications to the International Joint Commission (hereinafter referred to as the Vommissionll) for its appyovalof the construction, jointly by entities to be designated by the respective Governments, of certain works for the development of pmer in the International RapidsSection of the St Lawrence River,these being boundary waters within the meaning of the Preliminary Article of the Boundary Waters Treaty of 11 January, 1909 (hereinafter referred to as the'Treaty"), and of the construction, maintenance and operation of such works subject to and under conditions specified in the Applications, and have requested that the Applications be considered by the Commission as in the nature of a joint application; and

WHEWGIS pursuant to the aforementioned requeat of the two Governments, the Commission is consideringthe two Applications aa in the nature of a joint application; and WHEREAS notices that the Applications hadbeen filed were published in accordance with the R.ules ofProcedure of the Com- mission;and

WHEREAS Statements in Response to the Applications and Statements in Reply thereto by both Applicants WY.-..~ filed in accordancewith the Rules of the Commission; and

FlH3REAS pursuant to published notices, hearings wre held by the Commission at Toronto,Ontario, on 23 July, 1952; at Ogdensburg, New York, on 24 July, 1952; at Cornwall,Ontario, on 25 July 1952; at Albany, New York, on 3 September, 1952; at Montreal, Quebec, on 8 September 1952; and at Washington, D.C. on 20 October, 1952;and

WHERYAS by reason of the said notices of the said applications and hearings, all persons interested mre affordedconvenient opportunities of presenting evidence to and being heard before the Commission; and 2

FIHF,Ri!:AS pursuant to the said Applications, the hearings before, the evidencegiven, and materialfiled with the Commission, the Com- mission is satisfied that the proposed works and UBOS of the waters of the International Rapids Section complywith the principles by which the Commission is governod as adopted by the High Contracting Parties in Article VI11 of theTroaty; and

W,RTAS the Commission has beeninformed that the Govern- ment of Canada has designated The Hydro-Electric Potmr Commission of Ontario as the entity to construct, maintain and operate the proposed works in Canada,and that the Government ofthe United States intends in due course to designate the entity to construct, maintain and operate the works in the United States; and

WHEREAS the program of construction of the works, as proposed by the Applicants, includes the removal of Gut Dam from the International Rapids Section and tho Government of Canada has informed the Commission that it is its intention to take steps for the early removal of Gut Dam as soon as the construction of the proposed works is approvedand as soon as river conditions and the protection of down river and other interests that will be affected during its removal will permit, thereby advancing the time ofremoval of Gut Dam; and

IdHEREAS the Commission finds that suitable and adequate provision is made by the lam in Canada and by the Constitution and laws in the United Statoa €or the protection and indemnity of all interests on either side of the International Boundarywhich may be injured by reason of the construction, maintenance and operation of the works; and

TdVEXEAS the Commission finds that it has jmrisdicti.on to hear and dispose of the Applications by approval thereof in the manner and subject to the conditions hereinafter set out; NOW, TFERGFORE, IT IS QRDERJZD thatthe construction, maintenance and operation jointly by The Pydro-Electric Power Commission of Ontario and an entity to be designated by the Government of tho UnitedStates of America of certain works (hereinafter called "the works!') in accordancewith the "ControlledSingle Stage Project (238- 2h2) If, which was part of thojoint report dated 3 January, 19L1, of the CanadianTemporary Great, Lakes-St Lawrence Basin Commlttee and the 1Jnited States St Lawrence Advisory Commi.ttee, containing the features described in Appendix f!Afl to this Order and shown in Appendix I1Rff to this Order, be and the same. are herebyapproved subject to the conditionsenumerated below, namely, 3

(a) All interests on either side ofthe International Poundary which arc! injured by reason of the construction, ma-intenance and operati.on of the works shall bo given suitable and adequate protection and indemnity in accordance with the laTm in Canada or the Constitution and laws in the United States respectively, and in accordancewith the requirements of Article VI11 ofthe Treaty,

(b) The works sha:L1 be so planned,located, constructed, maintainedand operated 8s not to conflict with or restrain uses of thewaters of the St Lawrence R,iver for purposes given preference over uses of water for power purposes by the Treaty, namely, uses for domestic and sanitary purposes and uses fornavigation, including tho service of canals for thepurposes of navigation, and shall be so planned, located,constructed, maintained and operated as to give effect to the provisions of this Order.

(c) The works shall be constructed,maintained and operated in such manner as to safeguard the rights and lawful interests ofothers engagad or to beengaged in the development of power in the St Lawrence River below the International R.apids Section. '

(d) The works shall be so designed,constructed, maintained and operated as to safeguard so far as possible the rights of all interests affected by the levels of the St Lawrence River upstream from the Iroquois regulatory structure and by the levels of Lake Ontarioand the lotY.er Niagara River; and any change in levels resulting from the works &ich injuriously affects such rights shall be subject to the requirements of paragraph (a) relating to protection and indelnnif ication.

(e) The hydro-electricplants approved by this Order shallnot be subjected to operating rules and procedures more rigorous than are necessary to comply writh the provisions of theforegoing paragraphs (b), (c) and (d) ,

(f)%fore The Fydro-Electric PowerCommission of Ontario commences the construction of any part of the works, it shall submit to the Governmcmt of Canada, and before the entity designated by the Government of the 1Jnited States commences the construction of any part of the works, it shall submit to the Government of the United States, for approval in writ in^:, detailed plans and specifications of that part of the 1.~01-It3locatad in their respective countrieo and dotails of the program of construckion thereof or such dctclils of suchplans and specifications or programs of construction relating thereto as the respective Qovernmnts may require. If after any plan, specification or program has been so approwd, The R-ydro-Electric PowerCommission ofOntario or the entity designated by the Government of the IJnited States wishes to make any change therein, it shall, beforeadopting such change, submit the changed plan, specification or programfol: approval in a like manner.

(g) Inaccordance with theApplications, the establishment by the Governments of Canada and of the United States of a Joint Board of Engineers to be known as the St Lawrence River Joint Board ofEngineers (hereinafter referred to as the "Joint Roard of Engineers") consisting of an equal number of representatives of Canada and the 1Jnited States to be designatedby the respective Governments, is approved. The

z duties of theJoint Roard of Engineers shall be to review and coordinate,and, if both Governments so authorize, approvethe plans and specifications of the works and the programsof conitmcti.on thereof s11.bmitted for the approval of the respectjvo Governments as specified above,and to assure the construction of the works in accordancetherewith as approved. The Joint Roard of Ehgineers shall consult with and keepthe Roard of Control, hereinafter referred to, currently informed on all mattors pertaining to the water levels of Lake Ontario and the Internaticnal RapidsSection and the regulation of the dischargeof water from Zake Ontario and the flow of water throughthe International Rapids Section, and shall give full consideration to any advice or recommendations received from the Board of Controlwith respectthereo.

(h) A Poard of Controlto be known as theInternaticnal St Lawrence River T3oard of Control(herein referred to as the Voard of Control") consisting of an eq11a7.numbor of representatives of Canada and of the Unikcd Skates, shall be established by this Commission. The dutiesof the Roard of Cont~-olshall be to givo sfl'ect to the instructions of the Comrnission as issued from the to time with respect to this Order.

During construction of the works the duties of the Boardof Control shall be to keep itself currently informed of the plans of the Joint Board of Engineersinsofar as these plans relate to water levels and the regulation of the discharge of water from Lake Ontario and the flow of water through the International RapidsSection, and to consult with and advise the Joint, Board ofEngineers thereon.

Upon completionof the works, the duties of the Board of Control shall be to ensure that the provisions of this Order relating to water levels and the regulation of the discharge of water from Lake Ontario and the flow of water through the International Rapids Section as herein set out are complied with, and T1.le Hydro-Electric PowerCommission of Ontario and the entity designated by the Government of of the United States shall duly observe any direction given them by the Roard of Control for the purpose of ensuring suchaompliance. The Roard ofControl shall report to the Commission at such times as the Commission may determine.

In the event of any disagreement amongst the members of the Board. of Control which they are unable to resolve, the matter shall be referred by them to the Commission for decision. The Roard of Control may, at any time, make representations to the Commission in regard to any matter affecting or arising out of the terms of this Order with respect to water levels and the regulation of the said discharge and flow.

Upon the completion of the works, the dischargeof water from Lake Ontario and the flow of water through the Inter- national Rapids Section shall be regulated to meet the requirements of paragraphs(b), (c) and(d) hereof, and, subjsct as hereinafter provided, shall be requlated in accordance with Method Regulation Mo. 5 as prepared by the Departmentof Transport, Canada, datedSeptember, 1940, and shall be based on the rule-curves forming part of that lilethod Regulation. The flow of water throughthe Inter- national Rapids Section in any period shall equal the dischargeof water from Lake Ontario as determinedfor that period in accordance with such Method of Regulation and shall be maintained as uniformly as possible throughout that period. Subject to the requirements of paragraphs (b) , (c) and (d) hereof,the Board of Control, after obtaining the approval of the Commission, mag temporarily modify or change the 6

restrictions as to dkxharge of mtcr from Lake Ontario and the flow of mtcr 1.hrough the International RapidsSection set out in this pnrqpaph, for the purpose of determining that modifications or changestheroin may be advisable. The Board of Control shall report to the Commission the results of suchexpcrirmnts togother with its recommendations as to any changes or modifications in said restrictions. Recommendations as to any changes or modifications which the Commission desires should be made permanent sdll he referred by the Conmission to the tw Governments, and if the two Govemments thorcafter agree, they shall be given effect as if contained in this Order.

(3) Subject as heroinafterprovided, upon completion of the works, the works shall be operated initi.al1y for a test period of ten years, or such shorter period as may be approved by the Commission wi.th the forebay water level at the power houses held at a max3-mum elevation of 238.0 feet, sea level datum. Subject to therequirements of paragraphs (b), (c) and (a) hereof,the Board of Control,after obtaining the approval of the Commission, may temporarily modify or change the saj..d forebay water level. in order to carry out experiments for the purpose of determining whether it is advisable to increase the fore’bay water level at the power ho~lses toa maximun elevation exceeding 23F.O feet. If the Tjoarc? of Control, as a result of these experiments considers that operation duri.ng this test period at a maximum elevation exceeding 238.0 feet would be advisable,and so recommends, the Cormninsion tdl1 consider authorizing operation during this test period at a maxinmn elevation exceeding 238.0 feet, At the end of thls testperiod, the Commission wi.ll make suchrecommendations to the two Govern- ments with roapect to a permanent forebay water level as it deems advisable or it may recommend an extension of the test period. Such of these recormnendati.ons as the twoGovernments thereafter agree to adopt shall be given e€fect 8s if contained in this Order.

(k) The Hydro-Electric Power Commission of Ontar50 and theentity designatedby tho Government of the UnitedStates shal.1 maj-ntain and supply for the information of the Board of Control accurate records relating to water levels and the discharge of water throughthe works and the regulation of the flow of water through the International Rapids Section, as the Board ofControl nlay determine to be suitable and necessary,and shall install such gauges, carry out such measurements,and perform such other services as the Board may deem necessary for these purposes. 7

(1) The Board of Control shall reportto the commission as of 31 kcember each year on the effeot, if any, of the operation of the dobmstream hydro-clectric power plants and related structures on the tailwater elevations at the hydro-electric power plants approved by this Order.

(m) The Government of Canada shall proceedforthwith tocarry out its expressed intention to removeGut Dam.

AND IT IS FURTPER ORDERED that the allocation set out in Appendix I1C1! of the costs of constructing,maintaining and operating the works approvedby this Order between The Hydro-Electric Power Commission of Ontario and the entity to be designated by the Govern- ment of the ITnited States be and the same is herebyapproved but suchapproval shall not preclude the Applicants from submitting to the Commission for approval any variation in the said allmatton that may be agreed upon between them as being appropriate or advfs:lble.

Ahn IT IS FURTHER ORDERED that the Commission retains jurisdiction over the subject matter of these Applications, and may, aftor giving such notice and opportunity to all interested parties to make representations as the Commissiondeems appropriate, make such further Order or Orders relating thereto as may be necessary in the judgment of the Commission,

Signed at Montreal, this 29thday of October, 1952,

(Signed) A.G.L. McNaughton

A.O. Stanley Geo. Spence Eugene W. Weber J. Iacien Dansereau

CommissionerFIcFhorter dissentlng. OF TIP? W@RIiS APM?OlV,D BY THIS OR,DER:

Channelenlargements will be undertaken from above Chimney Point to below Lotus Island, designed to give a maximum mean velocity in any cross-section of the channel vlhich will be used for navigati.onnot exceeding four feat persecond at any time, also betweenLotus Island and IroquoisPoint and from abovePoint Three Points to below Ogden Island designed to give a maximum mean velocity in any cross-secti.on not exceeding two and one-quarter feet per second with the flow and at the stage to be permitted on the first of January of any par, under regulation of outflow and levels of Lake Ontario in accordancewith Method ofRegulation No 5, as prepared by the General Engineering Branch, Department of Transport, Canada, dated Ottawa,September, 19k0, Down- stream from the powor houses channel enlargements will be carried out for the purpose of reducingthe tail water level at the pot~rhouses,

Final. locations and cross-section of these channel enlargements will be determinedfrom further studies.

Control Facilities

Adequate control facilities will be constructed for the regdation of the outflow from Lake Ontario. Power Pouse Stru.ctures

Thepower house stmctwes will be constructed in the north channelextendiqr: fmnt the lower end of Barnhart Island to the Canadian shore, and so located that one structure will be on each si.de of the Tnternational Ro~md~~r,Each po~re1. house structure will include the main generating units to util.ize economically the river flows available to it, with provisl.on for ice handling and discharge sluices.

Dams and Associated Structures

A control dam will be constructed extending from Iroquois Point on the Canadian side of the river in au easterly direction to the TJnited States mainland abuve Point Rockway, 2

Dykes and associated works will be provided as may be necessary in both the Province of Ontario and the State of New York. All the works in the pool below the control dam will he designed to provide for full Lake Ontario level.

(e) Highway Modifications In both the Province of Ontoarioand the State of New York provincial and state highways, and other roads, will be relocated in those portions subject to flooding, and reconstructed to standards at least equal to those now in existence.

Railway Modifications

Such railway relocations as may be required as a result of the works hereim described will be made in the Provime of Ontario and the State of New York to standards at least equal to those now in existence

(g) NavigationFacilities

Provision will be made for the continuance of 14-foot navigationthroughout the International Rapids Section during the construction period.

(h) FloodedAreas

Lands and buildings in both the Province of Ontario and the State of New York will be acquired or rehabilitated as required.Inundated wooded areas will be cleared. Great Lakes - St Lawrence Basin St Lawrence River Power Project,

International Rapids Sectd.on General Plan Showing Major Works in Project

To accompany Applications of the United States of America and Canada to the International Joint Commission for approval of the construction of certain works jointly by entities to be designated by the Govern- ments of the United States of Americaand Canada respectively.

Date - May 12, 1952 Exhihit 2

Note; Map notincluded in this copy of Order of Approval. 2. Total costs o€ the works doscribcd in Scction 8 shall be based on Canadian cos1,s and United 3tates costs and the total shall be equally divided bctmen the two constructing entities.

3. The costs to be divided should bebased on actuallyexperienced and auditedexpenses.

4, Inrelation to the thrm principles above, thethree following provisionsapply:

(a) The amount to bepaid to Canada, as specified in the Agreement of December 3, 295'1, betmen Canada and Ontario, in lieu of the construction by the power-developing entities of facilities required for the continuance of lh-foot navigation, shall beexcluded from the total cost of the power project to be divided betmen the Canadian and UnitedStatos power- developing entities, in consideration of the fact that actual replacement of lk-foot navigational facilities will be rendered unnecessary by reason of the concurrent construction of the deep waterway in Canada.

(b) The Authority to be established pursuant to the provisions of the St Lawrence Seamy AutPLorityAct, Chapter 24 of the Statutes of Canada, 1951 (Second Session),shall contribute an agreed sum of money towards the cost of the channel enlargement which the ,pomr-doveloping entities must undertake in the St 1,awrmce River, as set out in paragraph 1.1 ofthe Annex to the Canada-Ontario Agreement of December 3, 1951,and in section 8 cf the Application to the 1ntema.tinnal Joint Com- mission, in consideration of the? benefits Flhfch will accrue to navigation from such channel enlargement.

(c) All costs for constru.ction,maintenance and operationof the projectexcept machinery nr, d..quipment in the respective pomw housesshall be horns.. j.:qually by the two entities. All costs for construction, maintenance and operation of machinery andequipment in 1;hej.r req%ctivc ~O'GFOIhouses shall be paid by the respoctive entities and shall be deemed to satisfy the principle of an equal division betweentho two entities, IN TJ”E MATTERS OF DEVELOFNENT OF PO1li;R IN TIIE IN!C~F(NATl-ONAL RAPIDS SECTION OF 7’HT ST LAIdR!;:NCF: RIVER (Docket 68) AND REGULATION OF THE LWEL OF TAKE ONTARIO (Docket 67)

SIJPPLKMRNTARY ORDER. TO ORDER OF I.” APF’ROVA-L DA’l’ED 29 OCTOBER. 1952

WHERTCAS the Commission, by Order dated 29 October 1952 (Docket 68), approved the construction, maintenance and operation jointly by the Hydro-Electric Powor Commission of Ontario and an entity to be designated by the Government of the United States of America of certain works for the development of pomr in the International RapidsSection of the St Lawrence River,subject to the conditions enumerated in the said Order; and IJHEREAS the Commission has been informed that the President of the United States of America by Executive’ Order No. 10,500, dated b November 1953, designated the Pomr Authority of the State of New York as the United States entity to construct, maintain and operate the proposed works in theUnited States; and

WHEREAS Appendix A to the said Order describes the features of the works so approved and provides that channelenlargements will beundertaken in specified areas, designed to give stated maximum mean velocities in any cross-section of the channel, under regulation of outflow and levels of Lake Ontario in accordance with. Netbod of Regulation No 5, as prepared by the Ceneral Engineering Branch,Department of Transport, Canada, dated Ottawa, September 1940; and

FffaREAS,condition (i) of the said Order provides that, upon compl.eti.on of the wolrks, the discharge of water from Lake Ontario and the flow of water through the International Rapids Section shall be regulatedto meet therc:ouirements of conditions (b), (c) and (d) thereof, and subSect to possib1.e modifications and changes to be recommended subsequently by the International St Lawrence River Board of Control, .i.n accorc?anct. withthe said Nethod of RegulaI,-i_cn No 5; and

!tTERGkS, by tho sn:i.d Order of 29 Qctober 1952, the Commission specifically retained jtr*~*iadfctionto malm such further Order or Orders relating to the subject !r;:tttor of theApplications of the United States of America and Canada (3:kxket 68) at; may be necessary in the judgment of the Connnissi-on; and

WHYRTAS the Commission, a3 a result of its Inv$stigationsunder the Reference fro111tho Governments of Canada and theUnited States of America,datod 25 ,Two 1952, ref:arding the levels of Lake Ontario (Docket 67), has dafermined that it would not be practicable to base the regulation of flows from Lake Ontario on the said Method of Regulation No 5; and I.!HEREhS, pursuant to published notices, hearings were held by the Commission at Detroit, Michigan, on 4 June 1953, Rochestsr, New York, on 17 November 1953 and 12 April lSS5, Hamilton, Ontario on 18 November 1953, and Toronto,Ontario,on 14 April lSss, at which all persons lnterested mre afforded convenient opportunity of presenting evidence to and beingheard before the Conmission; and at the said hearings held at Toronto and Rochester in April 195s all interested persons were given convenient opportunity to express their views upon the criteria and range of stage which hadbeen tentatively proposed by the Commission; and

WHEnKAS the Commission, on 9 by 1955, by letters addressed to the Secretary of State for External Affairs of Canada and the Secretary of State of the United States,of America, respectively, recommended adoption bythe two Governments of thefollowing:

(i) A range of mean monthly elevations for Lake Ontario of 244 feet (navigation season) to 2h8.0 feet as nearly as may be; and (ii) Criteria for a method ofregulation of outflows and levels of Lake Ontario applicable to the works in the International RapidsSection of theSt Iawrence R,iver; and

(iii) plan of Regulation No 12-A-9, subjectto minor adjustments that may result from further detailed study and evaluation by the Commission; and

WIERKAS, by letters dated 3 December 1955, the Secretary of State for External Affairs of Canada and the Under Secretary of State of the UnLted States of America ad.vised the Commission that the Government of Canada and the Government of the United State8 of Arrarica, respectively, approved the range of mean mantl~lyel-svations for ?Lake Ontario and the criteria recommended in the Co~nm!.saion's mid letters of 9 May, 1955; and

fnrFEXEAS, in the sai.d 3.et-tcr:: dztsd 3 December 1955, the Commission was advised further that; the Governm2ntS of Canada and the Government of 3 the United States of America approved Plan of Regulation No 12-A-9 for the purpose of calculating critical profi:Les and the dcsign of channel excavations in the International Rapids Sect:lon of the St Lawrence River; and

WflRI-W, in the said letters dated 3 December 1955, the two Govern- ments urged the Commission to continue its studies with a view to perfecting a plan of regulation so as best to meet, therequirements of all interes%sboth upstreamand downstream, within the range of elevations and criteria therein approved; and ~REI\S,by letter dated 3 December 1955, the Secretary of 'tat8 for External Affairs, on behalf of the Government of Canada, has informed the Commission ofthe arrangements that have been made for the redesign of a portion of the St Lawrence Seaway Canal in the vicinity of Montreal,between Iake StLouis and the Laprairie Basin; and WEREAS, cmdition (i) of the said Orderof Approval dated 29 October 1952 makes provisjlon for adjustments and progressive improvements in the plan of regulation, subject to requirements andprocedure8 specified therein.

NOW, TrnREFORE, TMiS COIQTISSION DOTH ORDER APT0 DIR.ECT that the Order of Approval issued by the International Jobt Cotmissionon 29 October 1952, be and the same is hereby amended as follows:

(1) Paragraph (a) of Appendix A to the said Order is amended by deleting the words, Wethod of Regulation No 5, as prepared by the CeneralEngineering Branch, Department of Transport, Canada, dated Ottawa, Septembor, 1940t1,and substitutingthe words, V"an of Regulation No 12-A-9, as prepared by the International Lake Ontario Board of Engineers, dated 5 May l95Sf1;and by adding the following sub-paragraph, "As approved by the Government of Canada and the Government of the United States of America in similar letters dated 3 December 1955, the said Plan of Regulation No 12-A-9 shall be the basis for calculating critical profiles and designingchannel excavations". The scid paragraph (a) will then read as follows:

"(a)Channel enlargements will be underlaken from above Chimney Point to belowLotus Island, designed to give a maximum mean velocity in any cross-section of the channel which will be used for navigation not exccmding four feet per second at any time, also betxwn Lotus Island and IroquoisPoint andfrom above Point Throe Points to below Ogden Isla21d dcsifrncd to give a mnxlmum mcan velocity in any cross-secti-on not exceccl.i.nf: two and one-quarter feet per second dth the f.1or.r md at, the stage to bo permitted on the first of January of any ;year, under rewlation of outfl-owand levels of Lake Ontario in accordance with Plan of Regulation No 12-12-9 as prepared by the International Lake OntarioSoard ofEngineers, dated 5 Mag 1955. Dor.mstream from the power houseschannel enlargernen%s will be carried out for the purpose of reduchg the tail water level at the power houses.

Finallocntl.ons and cross-sections of these channel enlargements will be determinodfrom further studies,

As approved by the Governmnt ofCanada and the Govern- ment of the United States of America in similar letters dated 3 December l95.:;, thesaid Plan of Regulation No 12-A-9 shall be the basis for calculating critical profiles and designing cl?annel excavations. I)

(2)Condition (i) of thesaid Order of 29 Octoberl9S2 is deleted and the following substituted therefor: "(i) Upon thecompletion of the works, thedischarge of water from Lake Ontario and the flow of waterthrough the International klpids Section shall be regulated to moet therequirements of conditions (b), (c), and (d)hereof; shall be regulated within a range of stage from elevation 244.0 feet A (navigationseason) to elevation 248,O feet, as nearly as may be; and shall be regulated in accordance with the criteria set forth in the Commission's letters of 17 March 1955' to the Governments of Canada and the United States of America and approved by the said governments in their letters of 3 hcember 1955 and qualified, by the terms of separate letters from the Government of Canada and the Government of the TJnited States of Arnerica dated 11 April 1956 and 1 May 1956, respec%ively, to the exr%ont that these letters agree that the criteria are i.ntended to establish standards whichwould be maintained with the minimum variation. The project works ahall be operated in such a manner as to provide no less protection for navigation and riparian interests down- stroam than would have occurred under pro-project conditions and with supplies of the past a3 adjusted, as defined in criterion (a) herein. The Commission will indicate in an appropriatefashion, as theoccasion may require, the inter- relationship of the criteria, the range of elevations and the other roquiremsnts.

P Q All elevations mcxiE&ned in this Order are stated in relatAon to the TJnited States Lake Survey 1935 datum, The critorin arc as follow:

(a) The regulatedoutflow from Lake Ontario from 1 April to 15 Docember shall be such as not to reducethe minimum level of MontrealHarbour below that which would haveoccurrod in the past with the supplies to Lake Ontario since 1860 adjusted to a condition assuming a continuous diversion out of the Great Lakes Basin of 3,100 cubic feet per second from the Albany River Basin (hereinafter called the %upplies of the past as ad justedV1).

(b) The regulatedwinter outflows from Lake Ontario from 1s December to 31 March shall be as large as feasible and shall be maintained so that the difficulties of winter power operation are minimized.

(c) The regulatedoutflow from Lake Ontarioduring the annual spring break-up in MontrealHarbor and in the river downstream shall not be greater than would have occurred assumhi? supplies of the past as adjusted.

(d) The regulatedoutflow from Lake Ontarioduring the annual flood discharge from the Ottawa River shall not be greater than would haveoccurred assuming supplies of the past as adjusted.

(e) Consistentwith other requirements, the minimum regulated monthly outflow from Lake Ontario shall be such as to secure the maximum dependableflow for power.

(f) Consistentwith other requirements, the maximum regulated outflow from Lake Ontario shall be maintained as low as possible to reduce channel excavations to a minimum.

(g) Consistent with otherrequirements, the levels of Lake Ontario shall be regulated for the benefit of Property OTJners on the shores of Lake Ontario in the United States and Canada so as to reduce the extremes of stage which ham been exporiencsd.

(i) IJndor regulation,the frequ.ency of oacurrences of monthly mcnn elevn.i;Sons of approxri~nately2b7.0 and higher on 1,nlco Onta~iosllall be less th*m ~rouldhave occurred in the past with the supplies of the past as adjusted and with prcsont ch'm~elconditions h the GalopsRapids Section of the Saint'Latrence River. &

(5) The regulatedlevel of Lake Ontario on 1 April shall not be lowr thLm elovation 2h11.0. The regulatedmonthly mean level of the lake from 1 April to 30 November shall be maintained at or above elevation 2h.9.

(k) In the event of suppliesin elrcess of thesupplies ofthe past as adjusted, the works in the International RapidsSection shall be operated to provide all possible relief to the riparian owners upstreamand downstream. In theevent of supplies less than the supplies of the past as adjusted, the works in the International Rapids Section shall be operated to provide all possible relief to navigation and pomr interests.

The flow of water through the International Rapids Section in any period shall equal the discharge of waterfrom Lake Ontario as determined for that period in accordancewith a plan of regulation which, in the judgment of the Commission, satisfies the afore-mantionedrequirements, range of stage and criteria and when applied to the channels as determined in accordance with Appendix A hereto produces no more critical governing velocities than those specified in that appendix, nor more critical governing water surface profiles than those established by Plan of Regulation l2w.A-9, then applied to the channels as determined in accordance with Appendix A hereto, and shall be maintained as uniformly as possible throughout that period.

Subject to therequirements of conditions(b), (c) and (d) hereof, and of therange of stage, and criteria, akve written, the Board of Control,after obtaining the approval. of the

P flpresent channel conditions" refers to conditions as of March1955. 7

Commission, may temporarily modify or change the restrictions as to dischargeof water from Lake Ontario and the flow of waterthrough the International Rzpids Sectionfor the purpose ofdetermining what modifications or changes in the plan of regulation may be advisable. The Board of Control shall report to the Commission the results of suchexperiments, together with, its recommendations as to any changes or modifications in theplan of regulation. When the plan of regulationhas been perfected so as best to meet the requirements of all interests, within the range of stage and criteria above defined, the Commission will recommend to the two Governnlents that it be made permanent and, if the two Goverrmntsthereafter agree, such plan of regulatj-on shall be given effect as if contained jn this Order."

Signed at ??ontrea.l this second day of tTuly, 1956.

(Signed) A.G.1,. YcNaughton 1m Jordan

J. Lucien Dansereau 1. The purpose of this :l.ett,cr is to bring to your attentionthe present status of the constyuction arid operation of the works constructed in the Inter- nat5onal Rapids Section of the St JmsrenceRiver pursucmt to the Applications nmk by the C,overnrllents of Canada and the United States under date of 30 June, 1952, and this Cornmission's Order ofApproval of 29 October, 1952, and its Supplem.enta~--yOrder of 2 July, 1356. It I.s desiredalso to advise you for your consideration the positi.on which has been taken by the twopower entities designated by the respective Governments of the United States and Canada in regard to responsibi1,ity for any darnage that mag beclaimed to result from the regulation of the levels of IdceOntario and the flows in theSt hwrence River, both upstream and do.rzlnstream from the power station at FarnhartIsland.

2, The construction and operationstatus of theproject as of this date is essential1.y as follows: The Iroquoisregulating dam has been completed and is available for the regulat,ion of levels and outflow of Lake Clntario. TheLong Sault dam is substantially complete and, togetherwith theBarnhart Isl~tndPomr dam, is controlling the levels of the International RapidsSection at the initial 238-foot level specified in the Order of Approval. of 29 October, 1952. 'l'he State of New York and theProvince of Cntario generating stations a.re now operating for the production of hydro- electric pomr with a total. of twelve units in se~~ice.The remainingtwenty units are scheduled to he brought into service by the end of the year 1960. With the filling of the potmr pool, httreonIroquois dam andBarnhart Island, the existing 14-foot navigation canals in Canada havebeen flooded and ships are being routed through the new deep-sean,avigation Xoclcs constru.cted at Iroquois and in the lomr portion of the 1nternation.al RapidsSection. Channel work throughout the entire international section incLuding the Corn~mllIsland area is continuing on a scheclule that providesfor its completion in time for inauguration of 25-foot draft navigation in the spring of 1959. 3. TJnder theseconditions there is need for earlyinstitution of a plan for regula.tion of the levels and outflow of Lake Ontario which will satisfy the criteria and otherrequirements of the Commission's Orders of Approval.

b. A br5-ef revLew of theactions ta1:en to date with respect to a plan of regul.ation wil-1 be helpful in considering .Lhe situation wlth which we are now faced.In its Order of 29 October, 1952, the Conmission provided that

"he Vonournble Sidney E. ?rnith, Secretary of State for Vxternal Affairs, Oktawa. upon con~pleti-onof thc: worlcs the dkchargc of t?a-Ler from Talre Ontario and the flow of val;cr throurrh the IntorrlntJ.on:-tl. T?.a::ids :IcctJ.on be rc![ylaled to meet the reqvircrncnLs of tho Ordcr a11d :i.n accol*dancr? with ?!&hod of Regillation KO 5, pwpared by .t8ho l)epartinenl; of l'rnnsporb of Cnnada. Subsequently, as constructioll of L!le projec.t prog:rmsed and aftxr public hearings at various poi~Csin the Ih-ea-t Lakes region, thc Commis:;i.on reconmiended to the two Covrrnmenks and racei.ved ayproval. of the adoption of (a) a range of mean monthly elevations :for Lake Ontario of &!!. feet(navigation season) to 2118 feet , as nearly as may be; and (1)) a plan of regulation designated No 12-A-9, prepared by the Intemationnl Lake Ontario Poard of Engineers, as a basis for calcul-ati.ng critical prof'iles and dcsj-gningchannel excavations. Upon issuance of tho Conmission's Suppl.amn~ntaryOrder of 2 July, 1756, the powr entities 17ere advised by the St Lawrence River Joint Board of Engineers to use Plan 12-A-9 in the design and conskruction of the various channels for t8heproject, The VJCZ~ has been carriedout accordingly. I't is understood that this same plan of regulation has beenused as the basis of design of the navigation channels in Canada dotmstreamfrom the Tnternational Section.

5. As provided in paragraph(h) inthe Order of Approval of 29 October, 195'2, the Conmission established in Novenhr 1953 an International St Lawrence River Board of Control with the du-ty of giving effect to instructions of the Commission and enswing compliancewith the provisions of the Order relating to water levels and the regulation of thedischarge of water from Lake Ontario and the flow of waterthrough the Internatienal bpids Section. The Commission instructed its Eoard of Control to study the plan of re&qlation 12-A-9 devel.oped by the International Lake Ontario Board of Engineers, with a view to refining and improving it. Such continuingstndy of a planof regulation was contemplatedand provided for in the Comissionls Order of 29 October, 1952, and in its SupplementaryOrder of 2 July, 1956. k.s a result of this further study the Board of Control has prepared, and the Conmission hasapproved, a plan of regulation designated 1958-A which the Commiss3.on believes to be fully workable and consistentwith the range of stage, criteria and other requirements set forth in thesaid Orders.

6, Although a satisfactoryplan of regulation has now been developed, the Commission has not presented it, to the Governments for use by the power entities in operating the project work:; for two reasons: (1) The power plants at Barnhart have not yet been con!pletcld to a stage at which the avaihble generating equipment could fully utilize the greater wintertLme flows which would be provided under the plan; and (2) thore is a question as to responsibility for damages, either upstream or Rownstrcam, that mightbe claimed to result from theproject operehion. At pri~.,*.:ntthe power entities are, cal~li-Lj.onsthat would have occu~:.r.ad It~i.E;hsupplies of thc past as adjusted", as dcfinod in the cri-herin. A-I; thio p0i.n.l; it must be noted that with the fa!.' i.ng supply to .the Crrcrzt T,akcs Raslrl the levcls in thc Lakes and the flom in t,h? con.ncctingchannels and in the St Lawmce River are now at a stage app-c!nchiny critical period c,mditions; indccd there is concern that they may r~cedo€urther evcn to a point such as prt?vious'lyexperiencod in the lowest peri.od of record occurringin 1933-34. With thesepossible conditions in prospect stcps nccd to be taken promptly to ensure that the storage in Lake Cntario clurin~ the coming winter and early spring months is increased in anticipaticn of the need for additioml water supp1j.e~to maintain 25-foot draft navivation depths then the new navipttion channel is opened for ocean- p,oinf! vessels ncx-t sunliner. A step in this direction can be takenby deferring the institution of p1.m of regulation l95O-A and meanwhile continuing regulation as at presentbut with such modification as mag be possible without unacceptable reduction in power production at, Beauharnois or the creation of hazards to navicationin the St T,awrence downstream from Barnhart. To do so, however, ~muldrequire departure from the present advice to the power entities that the project beoperated to maintain levels and fl-ows on the basis of preproject ccnclitions . 7. The Power Authority of theState of Netr York and The Tlydro-Electric Fot:eer Cornmission of Ontario, as the designated entities, have filed with the Cornmission Briefs giving their views in respect to their responsibilities in operatinc the replating 1AJOrk-S at Iroquois in accordancs dth a plan of regulation developed by the International Joint Conmission through its InternationalSt Latrcnce River Rorwd of Contdrol. Thc principaldifficulty is in respect to responsibility for any damage or injury which nay be claimed to result therellrom, The positionexpressed by f,lIc! entities is that they cannot accept responsibility for any damageresu'.!.i;ing from the regulation of Lake Ontario. They have asserted that if any dantq:a claims res11.1.tfrom operations under a plan pl'cscribed by tho International Joint, Conunission, the ttro Governmen1;s and not the operating entities tmulcl be liable. Furthermore, the entities contend that upon institution of the prexcrj.bod plan of replatton the Intema.tion::l Joi.nl; Conmissj-on should qiven them r!:?ltxiled and specific instructions on a continuous basi.s with respect to oparatric:l of tho gates at the Iroqu.oj-s control dz?n. IIomver, such actinn 1n-iz1l.t pl.ace tho Commission in the position of anopemti.nc; n[;ency, and thequestion of responsibility under thosecircumstances tmuW require cLwificxLion. As ;Jointedout in preceding paragraphs, a workable plan designed to meet this objective has been dsvclopad by tho Cozunission, and it can be instituted dthk the coming year as seems appropriate under the existing hydrologicand physical conditions. It is suggestod, therefore, thatthe Government of Canada takesuch step3 as it dxms advisable to resolve this issue a

The steps indicated herein as requircd to be taken as soon as may be prac-ticable for the conservation of water in Lake Ontario in the interest of adequate navigation depths next ,summer constitute a transition arrangement which r;roulrl lead to the institution of plan of regulation 1958-,4 as soon as conditions permit. This is desirable in order that tho many benefits from project o.pera%ioncontmplated by the O~derof kpproval- of 29 October, 1952, as amended by the 3q~plmxkar'yOrdar of 2 July, 195'6, may be realized by all interestsaffected, incI.udin[! those upstream on Lalco Ontario and downstream on the St Lasrrcnce. Dear Sir:

1. Reference is made to my 1-ettsr of 211 October1958 reviewing the situation with respect to operation of the power faciliti.es in the International Rapids Section of the St Lawrence River and transmitting for information of the Governmntof Canada a report on a plan of regulation known as Plan 1958-A. Reference is made also to my letter of 31 December 1958 concerning possible transitional arrangements for operation of the power facilities and indicating that, sometime during the period 1 February to 1 April 1959, the International Joint Commission would make further recomndations concerning the date for institution of Plan 1958-A.

2. As regardstransitional arrangements:- In consequence of the accumulation of water on Lake Ontario by reason of restriction in river discharge due to ice condition and the increase in supplies to the lake, it is now evident that on 1 A ril the level of Lake Ontario will be at a satisfactory stage above ;el, .O, the minimum prescribed for this date by Criterion (j) of the Commission'sSupplementary Order of 2 July, 1956. As a result, the reason which led the Commission to propose the special transitional arrangements to conserve water will then no longer apply. 3. The InternationalJoint Commission has reviewed the situation in the International Hapids Section of the St Lawrence River and has concluded that, beginning 1 April, 1959, the project facilities should be operated Jm such a manner as to meet the criteria and other requirements set forth in the Commission's Orders of 29 October,1952, and 2 July, 1956, As pointedout in my letter of 24 October,1958, Plan 1958-A is a workableplan and the Cornmission believes it will meet this objective. However, due to adverse weather and otherconditions, the excavation of the navigation channels above and below Barnhart has not beencompleted and the Commission is advised that this work will continue duringthe 1959 and1960 navigationseasons. It may thereforeprove necessary for a limfted period to make minor variations from Plan 1958-A in order to insure satisfactory conditions for navigation in those parts of the St Lawrence River where channelexcavations have notbeen completed.

The Commission's Order of Approval and its Supplementary Order .!L.set out the continuing duties of the Commission and of its Inter- nationalSt Lawrence River Board of Control,Pursuant to paragraph

The Secretary of State for Sxternal. 9f f airs, Ott am 2

(h) of thoOrder of Approval, the noard of Control will continuo to keep itself currently informod through the Jo:l.nt Poard of Engi-neers of the plms relating to channel excavations to ensure that, the provisions of the Orders relating to levels and flowz, includinguses for navigation as required by paragraph(b) of the Order ofApproval of 29 October 1952, are compliedwith. 5, It is recomnended thereforethat the Governments of the United States and Canada, as theApplicants who receivedaFproval for the construction and operation of the power project in the International RapidsSection of the St Jawrence River by designated pomr entities, take action to instruct the respective entities to cormence the operation of the project facilities on 1 April 1959, or as soon as possible thereafter, in such a manner as to meet the criteria and otherrequirements set forth in the Commission's Orders abovementioned.

Yours sincerely,

A.G.L. McMaughton Chairman, CanadianSection International Joint Commission APPENDIX F w/10

PRIVY COUNCIL CANADA

AT THX GOWmTFVNTHOUSE AT OTTAWA THURSDAY, the 23rd day of APRIL, 1959 PRESENT:

HIS EXCELLENCY

THE GOWXNOR GVNKML IN COUNCIL:

WtlERI?,AS under Article VI of an Agreement (hereinafter referred to as the Canada-Ontario Agreement) made between the Govern- ment of Canada and the Government of theProvince of Ontario on the 3rd day of December, 1951, theProvince of Ontario engaged itself, to the full extent of its ability, concurrently with complementary operations by an appropriate authority in the United States of America, to construct, maintain and operate certain Works defined in Article I1 of the Canada-Ontario Agreement and in accordancewith the terms of the Canada-Ontario Agreement, and, in that respect, to carry out and give full force and effect to all or any conditions, provisions or orders imposed or made by or under the authol-ity of the International Joint Commission or by the Governor General in Council of Canada for the protection of navigation or to regulate and control the u3e of the water in theSt Lawrence River for the said Works, and for the protection of others engaged in the production of power outside the Province of Ontario;

AND FIHTREAS the Canada-Ontario Agreement was approvedand made binding on the rsvernment of Canada by the Parliament of Canada throughthe enactment of the International Rapids Power Development Act (1951 Statutes of Canada Chapter 13) and bythe passing of Order in Council P.C. 1951r-lo88 dated 15th July, 1954, and was approvedby the Ontario Legislature through the enactment of the International RapidsApeement Act 1952 (1952Statutes of OntarioFirst Session Chapter h2) ; ANI, 'GJImRVAS the Province of Ontario by an Act entitled "The St 1,awrence.neveloprnent Act No 2 (1952)It (1952 Statutes of Ontario Second SessionChapter 3 as amended byChapter 81 of the 1955 Statutes of Ontario) delegated to TheFIydro Electric PowerCommission of Ontario the rights and obligations conferred on or assumed by the Province of Ontariounder the Canada - Ontario Agreement; AND I:O!EREAS the United States of America Federal Power 2

Comn~issionhas issued license dated Ju1.y 15, 1.753 to the Power Authority of the State of I" York for Project No. 2000 which authorizesthe said Authority to carry out the complementary operations referred to in the first clause of this Froamble;

AND INEREAS the Chairman of the Canadian %ction of the In%ernational Joint Commission in a letter to the Secretary of State for ExternalAffairs, and the Chairman of the TJnnited StatesSection of the International Joint Conunission in a letter to the Secretary of State for the IJnited States,both letters beingdated March 19, 1959, have recommended that instructions issue to the effect that the said works be operated on 1st April, 1959, or as soon as possiblethereafter, to meet the criteria and other requirements set forth in the International Joint Commi.ssion's Orders of Approvalof 29th October, 1952, and 2nd July, 19 56 ; AND IJHEREAS a planof regulatjon, hereinafter referred to as Plan 1958-~,which was developed by the Tnternational Joint Cornmission, was represented in the said letters as being a workable plan which the International Joint Commission believes will met the criteria and otherrequirements set forth in the said Orders of Approval;

AND WI-TRWAS the IJnited States of America Federal Power Coinmission hasissued an Order on the 10th day ofApril, 1959, hihich has the effect of implementing the said recommendation of theTnter- national Joint Comqission and the said Plan 1758-A;

TT!X!?EFOR.E, His YxceIl.ency the Governor General in Council, on the recommendation of the Plinister of Transport, is pleased,under and by virtue of Artic1.e VI of the Canada-Ontario Agfeement to order that

1. on and after the 25th day of April., 135'9, the said works sha1.l be operated so as to m;ct the criteria and otherrsquirements set forth in the Orders of Approval of the International tJoint; Conunission da-td 29th October, 1952, and 2nd July, 1956, and in accordance with Plan l?SR-A, a copy of which is attached as an annex to this Order and marked "Plan 1958-AIt, and

2. the said works shall be operated on the ba3i.s of any information that is available to and supplied by the Mintster of Transport 3 or his duly authorized representative and tha-h is required for the operatlon of the said works. Certified to be a true copy.

Clerk of the Privy Council.. 1 ) Project KO. 2000 Fowr Authority of the ) State of New Sork

On April. 10, 1959, we issuedan order prescribing a plan of regulation of project outflows for Project Ro, 2000 (located on the st Lawrence River and licensed under theFederal Pomr Act) and prescribing levels of Lake Ontario and St J,awence River. At the Power Authority's request on ?Jay 28, 1959, we grantedrehearing in this matter,alloning the 1.icensee to file additionalrepresentations in support of its requestfor modification. On July 1, 1959, thelicensee filed additfonal representations and seeks modifica.tion of the Order in 1irnitm.I parti.culars,

Article 19 of thelicense for ProJect KO. 2000 provides that in the design,construction, marirltenance and operation of the projectcovered by thelicense, the licensee shall conply with all applicable provisi.ons and requir.ement,s of the Order ofApp~oval issued October 29, 1.752 by the TnternationalJoint Commission (I.J,C. Ooclcet No. 68) to the Governments of the Wited States and Canada for tho construction of certain works for the developmentof power in the Interrlati.ona1Rapids sectton of the St Lawrence River.

The ffworkslfreferred to in the Order of Approval arethose constructed by The lI;ydro-El.ectric Potmr Commission of btario in Canada, and those ccnstructed in the TJnited States by the Power Authority of tshe State of Mew York under the licensefor T'roject No. 2000. On ,July 2, 1956, theInternational. Joint Cormlission amended its October 29, 1952 Order to incorporate a rance of el.evations for Lake Ontario and the criteria. for the regulation of Lake Ontario and tho St Lawrence R.iver. The Orders of Approval provide In paragraph (i)that there may be temporary and pernlanent modifications or changes in a plan of regulation for Lake 0ntari.o and th.e St Lawrence Rivet'. 2

In a letter datedlbrch 19, 1959, the Chairman of the IJnited States Section of the Internat,ional-Joint Cornmissionrecomnldnded to the Secretary of Statethat, beginning April 1, 1959, theproject facil.ities be operated in such a manner as to meet the criteria and otherrequ.iroments set forth I.n theInternati.ona3. Joint Commission Orders of October 29, 1952, and July 2, 1956, and stated that bgnl.ation Plan 19SR-A is a workab1.e plan and that it is believedthat, Plan Y.?SO-A will meet thisobjective. It was further noted that continuing excavatj-on work on the Saint Lawrcnce River navigation channels ahoveand belowRarnhart Dam during the 1959 and 1960 navigation seasons magmake necessary minor variations from Plan 1SSR-A for a limited period of time to ensure satisfactory navigation conditions.In this regard, the letter statesthat the Tnternational Saint Lawrence River Roard of Control d.11 keepitss1.f current1.y informed of chamel excavation plans to ensurecompliance with the provisions of the ApprovalOrders relating to levels and flows.

By letter dated !.?arch 30, 1959, the Department of State requested us to take such actj.on as we deem necessary and appropriate to assure operation of the St Lawrence project facilities in such a manner as to carry out the recommendations of theInternational- Joint Commission as set forth in the letter ofParch 19, 1959. Chw order of April 10, 1959, prescribed the criteria to govern the regulation of theoutflows and levels of Lake Ontario and the St Lawrence River as set forth in the International Joint Commission July 2, 1956 Order of Approval. and prescribed a plan of regulation in detail to bring the operation of theproject into conformity with Regulation Plan 1958-A.

The principal difficulty complained of by the licensee appears to be over the responsible official agency to which it can turn for guidance in carrying out the prescribed method of operation in regulating the outflows and levels of Lake Ontario and theSt Lawrence River. However, it should be notedthat under Section 10 (c) of the Federal- Potmr Act thelicensee must accept resnonsibility for all damages occasioned to the property of others by theconstruction, maintenance or operat,i.on of the project works or of the works appurtenantor accessory thereto, constructed under the license and in noevent shall the United States bc liable therefor.

The Commission finds:

(1) Recurringmodifications or changes in the Fl.an of Regulationof the International Joint Conmissioneven in minor respects would require recurring amendments of our O~clc?r.

(2) If ourorder, in general terms, reqnires compliance with a plan of regulation consistent with Article 1.9 of the license rather than in 3 detail as in our order of April 10, 1959, the recission of our order of April 10, 1.9s9, and an order req~~iringcompliance by tholicensee wlth the orders of the TnternationalJoint, Comrnission would be in thepublic interest and tend to facilitate compliance by the licensee.

The Commission orders:

(A) Tn the maintenance and omration of the project, covered by this license,the 1i.ccnsse slmll comply with all applicableprovisions and requirements of the Order of Approval (I.J.C. Docket No. 68) issued ktober 29, 1952, by the InternationalJoint Corrmission to the Govern- ments of the IJnited 3tatcs and Canada for the construction of certain works for the development of powr in the International RapidsSection of the St IatrrenceRiver, as amended by its Order of July 2, 1956. In complyingwith theserequirements, the licensee shall be deemed to have accomplishedsuch colnplimce if it fol.lows Regulation Plan 1958-A or any supplementary or superseding plan of regulation approved by the International Join% Commission, underthe supervision of the International Saint Tlawrence River Roard of Control in accordmce with Paragraph (h) of theOctober 29, 1952 Order of Approval. (B) The order issued,April 10, 1959, herein is herebyrescinded, By the Commission.

/S/ J.H. Gutride

Joseph H. Gutride, Secretary. APPENDIX 0

International Joint Commission

FederalTrade Rldg. Rn. 786

April 8, 1960 hlr T.M. Patterson Chairman,Canadian Section International St Lawrence River Board of Control Department of hJorthern Affairs and National Resources MorliteBuilding Ottawa, Canada

The International St Lawrence River Board of Control is hereby directed to notify the power entities to discontinue on 20 April 1960 operation of the St Lamenqe power project works to conform to preproject conditions and to commence operation on that date so as to meet the criteria and otherrequirements of the Commission's Orders of Approvaldated 29 October 1952 and 2 July 1956. Plan 1958-A for regulation of Lake Ontario is the plan cvrrently approved for use by the Board in consulting with the power entities on compliancewith the criteria and other requirements of the Commission's Orders of Approval.

A copy of the Commission's letter to the twoGovernments on this subject is beingfurnished you.

A similar message is being sent to the Chairman, United States Section, International St Lawrence River Ronrd of Control, by the Chairman, United StatesSecti.on, IJC.

A. G, L. XcNaughton Chairman, CanadianSection Interrlational Joint Commission gear Dr Smith,

This refers to my letter of 24 October, 1958, setting forth the present situation in respect to arratlgements for the po-cmr developnlents in theTntemntional R.apids Section at Earnhart, and the regulation of the levels on Lake Ontario and the flows in the International %ct i on of the St Lawrence.

In the second paragraph in outlining the procress which had been made toward the completion of the instalLation in the New York State and Ontario pomrhouses, I mentioned that "The remaining twnty units are scheduled to be brought into service by the end of the year 1960ff. I am now advisedthat the si-tuation is that, these inktallations ~dJ1he completedby the end of the year 1959. Dcar Sir,

Inaccordance with the intention expressed in the letters which it addressed on 23 February, 1.955, to the Secretary ofState of the UnitedZtates and to the Secretary of State for External Affairs of Canada resmxtively, the International Joint Conlmissionmet in Vontreal on lh, 15 and 16 1L3arch, 1955. The meeti.ng was heldto enable the Colrunission to reach tentative conclusions as to the range of stage of Lake Ontario which,on technicalconsidora.tions, would be most appropriate in accordancowith the pwposos of the Lake Ontario Referencedated 25 June, 1952, submitted to the Commiss!.on byboth Governments under the provisions of Article IX of the Boundary IJaters Treaty of January 11, 1909. At themeeting in Montreal, the Commission received technical informationand advice from the International Lake Ontario Eoard of Fnginoers. It also had thebenefit of theadvice and views of the Interna,tionalSt Lawrence River Board of Control, the St Lawrence RiverJoint Board of Engineers and Counsel for the Governments of the United States and Canada.

Written representations were received from 1-akeshore property owners and municipalities and from the St Lawrence power and seaway agencies of both countries.

As a result of its deliberation,the Commission is satisfied that measurescan be taken,having due reeard to the interests of all concerned, to regulate the level of Lake Ontariofor the benefit of property owners on the shores of the lake in bothcountries, so as to reducethe extremes of stage which havebeen experienced in the past. It is the Commission's tentativeconclusion that the works for the developmentof pomr in the International Rapids Section of the St Lawrence River, which were approved by the Commission in its Order of Approval dated 29 October, 1952, should be operated in accordance withthe criteria set forth below. These criteriaare consistent withthe basic, governing requirements of paragraphs(b) , (c) and (a) ofthat, Order of Approval-. The elevationsindicated in the criteria are referred to the Oswego gageand are based on the principalgages

Eonourable L.E. Pearson, Secretary of State of External Affaj-rs, Ottawa. 2

on Lake Ont,arj.o, adjusted to the Oamr:o pgc, IlnitedStates Lake Survey 1935 datum. As soon a3 a method of regulation, based on thesecriteria, has been rcorked out in detail and approved, the Comnlission proposes to subntj-tute it for Nethod of%gulati.on No 5 mentioned in paragraph (i) and in paragraph (a) ofAppendix A of that Order of Approval.

Pronosed crj.tm-ia for a method of regulation of outflows and levels- of Lake Ontario applicable to the works in the Tntemational RapidsSection of the St Latrrence R.iver:

(a) The rep~l.atedoutflow from Jake Ontario from 1 April to 15 December shiL1 be such as not 90 reduce the minimum level of Iontreal Harbour below that which would haveoccurred in the past with the supplies to Lake Ontario since 1860 adjusted to a condition assuming a continuous diversion out of the Chat Lakes Basin of 3100 c.f .s. at Chicago and a contin~~ous diversion into the Great Lakes Rasin of 5'000 c .f .so from the Albany River nasin(hereinafter called the "supplies of thepast as adjusted").

(b) The regu.l-ated winteroutflows from Lake Ontario from 15 kcember to 31 Ikrch shall be as large as feasible and shall be maintained so that the difficulties of winter power operation are minimized.

(c) The regulated outflow from Lake Ontario duringthe annual. spring break-up in Ilontreal. Harbour and in the river dotmstream shall not be greater than would have occurred assuming supplies of the past as adjusted.

(d) The rngvlated outfl.ow frcm Lake Ontario during the annual flood discharge from the Ot,tam River sha1.1 not be greater than 170uld haveoccurrod asau.ming suppli.es of the past as ad5usted.

(e) Consistent with otherrequirenents, the minimum regulated month1.y outflow from Lake Ontario shall. be such as to secure the max3.mu.m depcndabl-e fl-01.7 POT pomr.

(f) Consistent tn' th other raquiremnt,s, the maxtmum regulated outflow from Lakc3 (Int,ario shall bn maintained as low as possible to reduce channel excavations to a mininium.

(g) Consistent with other reqI1iLrement,s, the leve1.s of Lake Ontario shal.1 be ri?p;ul,clted for -the benefit of property otmers on the shores of Lakc Ontario in the United Statas and Canada so as to reduce the exatremes of stage rd~ichhave been eq!erienced, 3

(j) The regulated level of Take Ontario on 1 April shall not be lowr than el.cl?vztion 24).0. Tlw regmlated monthly mean level of the lake from 1 April. to 30 November shall be maintained at or above elevation 2111t.O.

(k) In tho evant of supplioo in excess of the supplies of th pact as adjusted,the tmrks in tho International Rapids Section 8hal.l be operated to prav3.de all possible relief to the riparkan owners upstream and dor.mstrem. In theevent of supplies less than the suppl.ies of the past as adjusted,the works in the International Rapids Ssction shall bo operator! to provide all possible relief to navigation and pomr interests.

The Conunission will hold public hearinc?s at Rochester, N.Y. and Toronto, On+. on 12 and lk April, 1955, rcspectivcly, at which all. interested parties, including the propcrfy ov-rlcm on ths shores of Lake Onta.rio and the St L~T-Tc~x~River, kmkh upstream and downstream from the works in the 1nternn.tfonnZ €?apid,, kction, will. be given full opportunity to present thei.r views ulmn the range of stago and the other criteria tent2tivelg proposed.

Aftzr consideration of the view of all concerned, and a.s soon as possible aftor these pu-blichearings, the Commission will presentan interim report recovnmendj-ne:, for the approval of the two Governnlents, n range of lake levels and criteria for acceptableduration of high stagt?s of Ialte Ontario.

Yours sinceraly, APP%FJDIX I

Dear Sir,

In my letter of larch 17, 1955, I transmitted to youon behalf of the Commission criteria for a plan of regulation of Lake OntaPio in connectionwith the St Lawrence Power Project,having regard to all interestsaffected. In that letter, I also informed you thatafter public hearings and a consideration of the viewsof all concerned, the Commissionwould present an interim report recommending, for the approval of the twoGovernments, a rangeof lake levels and criteria for acceptable duration of high stages of Lake Ontario.

Public hearings were held at R,ochester, New York and at Toronto, ktario on April 12 and lk* The Commission consideredthis matter fully at an executive session in Buffalo, 'Mew vork on May 5, 1955.

As a result of these deliberations the Commission hasreached agreement on a range of elevations , 244 (navigation season to 248 .O feet as nearly as may be, , Further, a plan of-regulation (No 12-A-9) hasbeen developed within this range and three copies of it are enclosed.This plan, subject to minor adjustmentsthat may result from further detailed study and evaluation, seems to offer the best possibility of achieving the optimum objective set forth in the Reference . The Commission accordingly recommends to the Governments the adoption of the criteria, range of elevatjons and plan of regulation mentionedabove. If the Governments concur in this recommendation the St Lawrence Seaway and Power entities should be advised that they may proceed with the determination of the critical profiles and the final design of channel excavations based on this ranReand plan of regulation 12-A-9, with the assurance that anyad.juslments required will be of a minor nature.

Secretary of State for External Affairs,

Ottawa. 2

Taking into accountthe downstream interests and on the basis of the past 95 years' experience, the recommended method of regulation will lower all stages in Lake Ontario above elevation 246 and thus provide substantial benefits to the lakeshore owners. 7lou.r~sincerely, (signed) A. McNaughton A.G.L. McNaughton Chairman, Canadian Section, International Joint Commission. I have fol* rep1.y your letter of T%y 9, 3.955, on tho subjwt of Lake Ontario I.evcle. I notethat the International ,Taint Comrission has reached acreernent on a range of el-evations .for Lnke Ontario, natxly, 241.1 feet (navigat,i.on scason) to 3h8 feet, as nearlyas mav be. T: am pleased to inform you that th~sronp of mean monthly elevations is ayq>rovod by the Government of Can.ada. Youm si.ncerel.y,

(sgct.) L.B. Pearson Ottawa, December 3, 1955

T refer to my 1ct.tcr of today's date in which T informed you of the approval by the Government> of Canada of therange of elevatj-om,the criteria and, Tor the purposo of c:d.cula'ii'.ng critical profj.les md the design of' channel excavationsjn the InternationaL Papids Section of the :;t Lawrence River, vlan. of regu1la:ts on 13-A-9.

Studies x~ichhave reccntlg been made in Canada indicate that, with the %upplies of thepast as ad:;ustedlf,referred to in the criteria, and within the range of elevations, criteria and design of channel. exavationsreferred to in my letter of today's date, it is possible to adjust the plan of regulation In such a manner:

The Government of Canada trishes to inf'crmthe Commission that arrangements have now been made for the yedesign of a portion of the new 27-foot conal in the vicinity of Morltreal xhieh will allow a fl.~~of 40,000 cubic feet per second to be bypassed from Lake StLouis to Laprairie nasin throughthe canal during the non-navigationseason. This ?Jill notonly nrovi.de more fawurableice-foming cond-itiorls in the narrows betmen Lake (Signed) L.E. Pcarson