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Exchange of Notes between the Government of Canada and the Government of the United States of America concerning the construction of a temporary cofferdam on the Niagara River between Goat Island and the United States Mainland [1969] CATSer 3 (21 March 1969)

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EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA CONCERNING THE CONSTRUCTION OF A TEMPORARY COFFERDAM ON THE NIAGARA RIVER BETWEEN GOAT ISLAND AND THE UNITED STATES MAINLAND

I

The Secretary of State of the United States of America to the Ambassador of Canada

WASHINGTON, March 21, 1969

His Excellency A. Edgar Ritchie,
Ambassador of Canada

Excellency,

I have the honor to refer to the Reference from the Government of the United States and Canada to the International Joint Commission, dated March 31, 1967, requesting the Commission to investigate and report on measures that may be feasible and desirable to preserve or enhance the beauty of the American Falls at Niagara. The Commission has convened an American Falls International Board consisting of experts from each country, has conducted initial hearings, and has in its letter of November 6, 1967, proposed that the two Governments arrange by the, most expeditious procedure to authorize the construction of a temporary cofferdam to redirect to the Horseshoe Falls the normal flow over the American Falls, so as to permit the necessary on-site investigation and collection of data.

Under Article III of the Boundary Waters Treaty of 1909, temporary or permanent obstructions or diversions of boundary waters or, one side of the line, affecting the natural level or flow of boundary waters on the other side, may be authorized by special agreement between the two parties. Accordingly, I have the honor to propose as follows:

1. The United States Army Corps of Engineers shall be authorized to construct or to have constructed a temporary cofferdam between the head of Goat Island and the United States mainland in the channel above the American Falls at Niagara; if such authority is exercised, said cofferdam shall be installed during the calendar year 1969 in sufficient time to carry out the necessary on-site investigation and collection of data and shall be removed by or at the direction of the United States Army Corps of Engineers no later than December 31, 1969.

2. The costs incurred in such installation and removal, and in conducting on-site investigations while the temporary cofferdam is in place, shall qualify for inclusion in the costs to be recommended for allocation as between the United States and Canada by the International Joint Commission pursuant to the Reference of March 31, 1967.

3. Neither the United States nor Canada shall be responsible for physical injury or damage to persons or property in the territory of the other which may be caused by any act authorized or provided for by this agreement.

If the foregoing proposals are agreeable to the Government of Canada, I have the honor further to propose that your reply to that effect and the present Note shall constitute an agreement between the Government of the United States of America and the Government of Canada, which will enter into force upon the date of your reply.

Accept, Excellency, the renewed assurances of my highest consideration.

For the Secretary of State

Martin J. Hillenbrand

II

The Ambassador of Canada to the Secretary of State for the United States of America

WASHINGTON, March 21, 1969

No. 88

The Honourable William P. Rogers,
Secretary of State,
Washington, D.C.

Sir,

I have the honour to refer to your note of March 21, 1969, concerning the construction of a temporary cofferdam between Goat Island and the United States mainland.

I wish to advise that the Government of Canada accepts the proposals set forth in your Note and agrees that your note, together with this reply, which is authentic in English and French, shall constitute an agreement between our two Governments which will enter into force on the date of this Note.

Accept, Sir, the renewed assurances of my highest consideration.

A. E. Ritchie

Ambassador