Appendix 1: Boundary Waters Treaty
TREATY BETWEEN THE UNITED STATES AND GREAT BRITAIN RELATING TO BOUNDARY WATERS, AND QUESTIONS ARISING BETWEEN THE UNITED STATES AND CANADA
The United States of America and His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, being equally desirous to prevent disputes regarding the use of boundary waters and to settle all questions which are now pending between the United States and the Dominion of Canada involving the rights, obligations, or interests of either in relation to the other or to the inhabitants of the other, along their common frontier, and to make provision for the adjustment and settlement of all such questions as may hereafter arise, have resolved to conclude a treaty in furtherance of these ends, and for that purpose have appointed as their respective plenipotentiaries:
The President of the United States of America, Elihu Root, Secretary of State of the United States; and His Britannic Majesty, the Right Honourable James Bryce, O.M., his Ambassador Extraordinary and Plenipotentiary at Washington;
Who, after having communicated to one another their full powers, found in good and due form, have agreed upon the following articles:
For the purpose of this treaty boundary waters are defined as the waters from main shore to main shore of the lakes and rivers and connecting waterways, or the portions thereof, along which the international boundary between the United States and the Dominion of Canada passes, including all bays, arms, and inlets thereof, but not including tributary waters which in their natural channels would flow into such lakes, rivers, and waterways, or waters flowing from such lakes, rivers, and waterways, or the waters of rivers flowing across the boundary.
The High Contracting Parties agree that the navigation of all navigable boundary waters shall forever continue free and open for the purposes of commerce to the inhabitants and to the ships, vessels, and boats of both countries equally, subject, however, to any laws and regulations of either country, within its own territory, not inconsistent with such privilege of free navigation and applying equally and without discrimination to the inhabitants, ships, vessels, and boats of both countries.
It is further agreed that so long as this treaty shall remain in force, this same right of navigation shall extend to the waters of Lake Michigan and to all canals connecting boundary waters, and now existing or which may hereafter be constructed on either side of the line. Either of the High Contracting Parties may adopt rules and regulations governing the use of such canals within its own territory and may charge tolls for the use thereof, but all such rules and regulations and all tolls charged shall apply alike to the subjects or citizens of the High Contracting Parties and the ships, vessels, and boats of both of the High Contracting Parties, and they shall be placed on terms of equality in the use thereof.
Each of the High Contracting Parties reserves to itself or to the several State Governments on the one side and the Dominion or Provincial Governments on the other as the case may be, subject to any treaty provisions now existing with respect thereto, the exclusive jurisdiction and control over the use and diversion, whether temporary or permanent, of all waters on its own side of the line which in their natural channels would flow across the boundary or into boundary waters; but it is agreed that any interference with or diversion from their natural channel of such waters on either side of the boundary, resulting in any injury on the other side of the boundary, shall give rise to the same rights and entitle the injured parties to the same legal remedies as if such injury took place in the country where such diversion or interference occurs; but this provision shall not apply to cases already existing or to cases expressly covered by special agreement between the parties hereto.
It is understood however, that neither of the High Contracting Parties intends by the foregoing provision to surrender any right, which it may have, to object to any interference with or diversions of waters on the other side of the boundary the effect of which would be productive of material injury to the navigation interests on its own side of the boundary.
It is agreed that, in addition to the uses, obstructions, and diversions heretofore permitted or hereafter provided for by special agreement between the Parties hereto, no further or other uses or obstructions or diversions, whether temporary or permanent, of boundary waters on either side of the line, affecting the natural level or flow of boundary waters on the other side of the line shall be made except by authority of the United States or the Dominion of Canada within their respective jurisdictions and with the approval, as hereinafter provided, of a joint commission, to be known as the International Joint Commission.
The foregoing provisions are not intended to limit or interfere with the existing rights of the Government of the United States on the one side and the Government of the Dominion of Canada on the other, to undertake and carry on governmental works in boundary waters for the deepening of channels, the construction of breakwaters, the improvement of harbours, and other governmental works for the benefit of commerce and navigation, provided that such works are wholly on its own side of the line and do not materially affect the level or flow of the boundary waters on the other, nor are such provisions intended to interfere with the ordinary use of such waters for domestic and sanitary purposes.
The High Contracting Parties agree that, except in cases provided for by special agreement between them, they will not permit the construction or maintenance on their respective sides of the boundary of any remedial or protective works or any dams or other obstructions in waters flowing from boundary waters or in waters at a lower level than the boundary in rivers flowing across the boundary, the effect of which is to raise the natural level of waters on the other side of the boundary unless the construction or maintenance thereof is approved by the aforesaid International Joint Commission.
It is further agreed that the waters herein defined as boundary waters and waters flowing across the boundary shall not be polluted on either side to the injury of health or property on the other.
The High Contracting Parties agree that it is expedient to limit the diversion of waters from the Niagara River so that the level of Lake Erie and the flow of the stream shall not be appreciably affected. It is the desire of both Parties to accomplish this object with the least possible injury to investments which have already been made in the construction of power plants on the United States side of the river under grants of authority from the State of New York, and on the Canadian side of the river under licences authorized by the Dominion of Canada and the Province of Ontario.
So long as this treaty shall remain in force, no diversion of the waters of the Niagara River above the Falls from the natural course and stream thereof shall be permitted except for the purposes and to the extent hereinafter provided.
- The United States may authorize and permit the diversion within the State of New York of the waters of said river above the Falls of Niagara, for power purposes, not exceeding in the aggregate a daily diversion at the rate of twenty thousand cubic feet of water per second.
- The United Kingdom, by the Dominion of Canada, or the Province of Ontario, may authorize and permit the diversion within the Province of Ontario of the waters of said river above the Falls of Niagara, for the power purposes, not exceeding in the aggregate a daily diversion at the rate of thirty-six thousand cubic feet of water
- The prohibitions of this article shall not apply to the diversion of water for sanitary or domestic purposes, or for the service of canals for the purposes of navigation.
Note: The third, fourth, and fifth paragraphs of article v were terminated by the Canada–United States Treaty of 27 February 1950 concerning the diversion of the Niagara River.
The High Contracting Parties agree that the St. Mary and Milk Rivers and their tributaries (in the State of Montana and the Provinces of Alberta and Saskatchewan) are to be treated as one stream for the purposes of irrigation and power, and the waters thereof shall be apportioned equally between the two countries, but in making such equal apportionment more than half may be taken from one river and less than half from the other by either country so as to afford a more beneficial use to each. It is further agreed that in the division of such waters during the irrigation season, between the 1st of April and 31st of October, inclusive, annually, the United States is entitled to a prior appropriation of 500 cubic feet per second of the waters of the Milk River, or so much of such amount as constitutes three-fourths of its natural flow, and that Canada is entitled to a prior appropriation of 500 cubic feet per second of the flow of St. Mary River, or so much of such amount as constitutes three-fourths of its natural flow.
The channel of the Milk River in Canada may be used at the convenience of the United States for the conveyance, while passing through Canadian territory, of waters diverted from the St. Mary River. The provisions of Article II of this treaty shall apply to any injury resulting to property in Canada from the conveyance of such waters through the Milk River.
The measurement and apportionment of the water to be used by each country shall from time to time be made jointly by the properly constituted reclamation officers of the United States and the properly constituted irrigation officers of His Majesty under the direction of the International Joint Commission.
The High Contracting Parties agree to establish and maintain an International Joint Commission of the United States and Canada composed of six commissioners, three on the part of the United States appointed by the President thereof, and three on the part of the United Kingdom appointed by His Majesty on the recommendation of the Governor in Council of the Dominion of Canada.
This International Joint Commission shall have jurisdiction over and shall pass upon all cases involving the use or obstruction or diversion of the waters with respect to which under Article III or IV of this treaty the approval of this Commission is required, and in passing on such cases the Commission shall be governed by the following rules or principles which are adopted by the High Contracting Parties for this purpose:
The High Contracting Parties shall have, each on its own side of the boundary, equal and similar rights in the use of the waters hereinbefore defined as boundary waters.
The following order of precedence shall be observed among the various uses enumerated hereinafter for these waters, and no use shall be permitted which tends materially to conflict with or restrain any other use which is given preference over it in this order of precedence:
- Uses for domestic and sanitary purposes;
- Uses for navigation, including the service of canals for the purposes of navigation;
- Uses for power and for irrigation purposes.
The foregoing provisions shall not apply to or disturb any existing uses of boundary waters on either side of the boundary.
The requirement for an equal division may in the discretion of the Commission be suspended in cases of temporary diversions along boundary waters at points where such equal division can not be made advantageously on account of local conditions, and where such diversion does not diminish elsewhere the amount available for use on the other side.
The Commission in its discretion may make its approval in any case conditional upon the construction of remedial or protective works to compensate so far as possible for the particular use or diversion proposed, and in such cases may require that suitable and adequate provision, approved by the Commission, be made for the protection and indemnity against injury of all interests on the other side of the line which may be injured thereby.
In cases involving the elevation of the natural level of waters on either side of the line as a result of the construction or maintenance on the other side of remedial or protective works or dams or other obstructions in boundary waters flowing there from or in waters below the boundary in rivers flowing across the boundary, the Commission shall require, as a condition of its approval thereof, that suitable and adequate provision, approved by it, be made for the protection and indemnity of all interests on the other side of the line which may be injured thereby.
The majority of the Commissioners shall have power to render a decision. In case the Commission is evenly divided upon any question or matter presented to it for decision, separate reports shall be made by the Commissioners on each side to their own Government. The High Contracting Parties shall thereupon endeavour to agree upon an adjustment of the question or matter of difference, and if an agreement is reached between them, it shall be reduced to writing in the form of a protocol, and shall be communicated to the Commissioners, who shall take such further proceedings as may be necessary to carry out such agreement.
The High Contracting Parties further agree that any other questions or matters of difference arising between them involving the rights, obligations, or interests of either in relation to the other or to the inhabitants of the other, along the common frontier between the United States and the Dominion of Canada, shall be referred from time to time to the International Joint Commission for examination and report, whenever either the Government of the United States or the Government of the Dominion of Canada shall request that such questions or matters of difference be so referred.
The International Joint Commission is authorized in each case so referred to examine into and report upon the facts and circumstances of the particular questions and matters referred, together with such conclusions and recommendations as may be appropriate, subject, however, to any restrictions or exceptions which may be imposed with respect thereto by the terms of the reference.
Such reports of the Commission shall not be regarded as decisions of the questions or matters so submitted either on the facts or the law, and shall in no way have the character of an arbitral award.
The Commission shall make a joint report to both Governments in all cases in which all or a majority of the Commissioners agree, and in case of disagreement the minority may make a joint report to both Governments, or separate reports to their respective Governments.
In case the Commission is evenly divided upon any question or matter referred to it for report, separate reports shall be made by the Commissioners on each side to their own Government.
Any questions or matters of difference arising between the High Contracting Parties involving the rights, obligations, or interests of the United States or of the Dominion of Canada either in relation to each other or to their respective inhabitants, may be referred for decision to the International Joint Commission by the consent of the two Parties, it being understood that on the part of the United States any such action will be by and with the advice and consent of the Senate, and on the part of His Majesty’s Government with the consent of the Governor General in Council. In each case so referred, the said Commission is authorized to examine into and report upon the facts and circumstances of the particular questions any matters referred, together with such conclusions and recommendations as may be appropriate, subject, however, to any restrictions or exceptions which may be imposed with respect thereto by the terms of the reference.
A majority of the said Commission shall have power to render a decision or finding upon any of the questions or matters so referred. If the said Commission is equally divided or otherwise unable to render a decision or finding as to any questions or matters so referred, it shall be the duty of the Commissioners to make a joint report to both Governments, or separate reports to their respective Governments, showing the different conclusions arrived at with regard to the matters or questions referred, which questions or matters shall thereupon be referred for decision by the High Contracting Parties to an umpire chosen in accordance with the procedure prescribed in the fourth, fifth and sixth paragraphs of Article XLV of the Hague Convention for the pacific settlement of international disputes, dated October 18, 1907. Such umpire shall have power to render a final decision with respect to those matters and questions so referred on which the Commission fail to agree.
A duplicate original of all decisions rendered and joint reports made by the Commission shall be transmitted to and filed with the Secretary of State of the United States and the Governor General of the Dominion of Canada, and to them shall be addressed all communications of the Commission.
The International Joint Commission shall meet and organize at Washington promptly after the members thereof are appointed, and when organized the Commission may fix such times and places for its meetings as may be necessary, subject at all times to special call or direction by the two Governments. Each Commissioner upon the first joint meeting of the Commission after his appointment, shall, before proceeding with the work of the Commission, make and subscribe a solemn declaration in writing that he will faithfully and impartially perform the duties imposed upon him under this treaty, and such declaration shall be entered on the records of the proceedings of the Commission.
The United States and Canadian sections of the Commission may each appoint a secretary, and these shall act as joint secretaries of the Commission at its joint sessions, and the Commission may employ engineers and clerical assistants from time to time as it may deem advisable. The salaries and personal expenses of the Commission and of the secretaries shall be paid by their respective Governments, and all reasonable and necessary joint expenses of the Commission, incurred by it, shall be paid in equal moieties by the High Contracting Parties.
The Commission shall have power to administer oaths to witnesses, and to take evidence on oath whenever deemed necessary in any proceeding, or inquiry, or matter within its jurisdiction under this treaty, and all parties interested therein shall be given convenient opportunity to be heard, and the High Contracting Parties agree to adopt such legislation as may be appropriate and necessary to give the Commission the powers above mentioned on each side of the boundary, and to provide for the issue of subpoenas and for compelling the attendance of witnesses in proceedings before the Commission before the Commission. The Commission may adopt such rules of procedure as shall be in accordance with justice and equity, and may make such examination in person and through agents or employees as may be deemed advisable.
In all cases where special agreements between the High Contracting Parties hereto are referred to in the foregoing articles, such agreements are understood and intended to include not only direct agreements between the High Contracting Parties, but also any mutual arrangement between the United States and the Dominion of Canada expressed by concurrent or reciprocal legislation on the part of Congress and the Parliament of the Dominion.
The present treaty shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate, thereof, and by His Britannic Majesty. The ratifications shall be exchanged at Washington as soon as possible and the treaty shall take effect on the date of the exchange of its ratifications. It shall remain in force for five years, dating from the day of exchange of ratifications, and thereafter until terminated by twelve months’ written notice given by either High Contracting Party to the other.
In faith whereof the respective plenipotentiaries have signed this treaty in duplicate and have hereunto affixed their seals.
Done at Washington the 11th day of January, in the year of our Lord one thousand and nine hundred and nine.
(Signed) ELIHU ROOT [SEAL]
(Signed) JAMES BRYCE [SEAL]
And WHEREAS the Senate of the United States by their resolution of March 3, 1909, (two thirds of the Senators present concurring therein) did advise and consent to the ratification of the said Treaty with the following understanding to wit:
“Resolved further, (as a part of this ratification), that the United States approves this treaty with the understanding that nothing in this treaty shall be construed as affecting, or changing, any existing territorial or riparian rights in the water, or rights of the owners of lands under, on either side of the international boundary at the rapids of the St. Mary’s river at Sault Ste. Marie, in the use of water flowing over such lands, subject to the requirements of navigation in boundary water and of navigation canals, and without prejudice to the existing right of the United States and Canada, each to use the waters of the St. Mary’s river, within its own territory, and further, that nothing in the treaty shall be construed to interfere with the drainage of wet swamp and overflowed lands into streams flowing into boundary waters, and that this interpretation will be mentioned in the ratification of this treaty as conveying the true meaning of the treaty, and will in effect, form part of the treaty;”
AND WHEREAS the said understanding has been accepted by the Government of Great Britain, and the ratifications of the two Governments of the said Treaty were exchanged in the City of Washington, on the 5th day of May, one thousand nine hundred and ten;
NOW THEREFORE, be it known that I, William Howard Taft, President of the United States of America, have caused the said Treaty and the said understanding, as forming a part thereof, to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof.
In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the City of Washington this thirteenth day of May in the year of our Lord one thousand nine hundred and ten, [SEAL] and of the Independence of the United States of America the hundred and thirty-fourth.
Wm. H. Taft
By the President:
P C Knox
Secretary of State
Protocol of Exchange
On proceeding to the exchange of the ratifications of the treaty signed at Washington on January 11, 1909, between the United States and Great Britain, relating to boundary waters and questions arising along the boundary between the United States and the Dominion of Canada, the undersigned plenipotentiaries, duly authorized thereto by their respective Governments, hereby declare that nothing in this treaty shall be construed as affecting, or changing, any existing territorial, or riparian rights in the water, or rights of the owners of lands under water, on either side of the international boundary at the rapids of St. Mary’s River at Sault Ste. Marie, in the use of the alters flowing over such lands, subject to the requirements of navigation in boundary waters and of navigation canals, and without prejudice to the existing right of the United States and Canada, each to use the waters of the St. Mary’s River, within its own territory; and further, that nothing in this treaty shall be construed to interfere with the drainage of wet, swamp, and overflowed lands into streams flowing into boundary waters, and also that this declaration shall be deemed to have equal force and effect as the treaty itself and to form an integral part thereto.
The exchange of ratifications then took place in the usual form.
DONE at Washington this 5th day of May, one thousand nine hundred and ten.
PHILANDER C KNOX [SEAL]
JAMES BRYCE [SEAL]
Appendix 2: The Clinton-Gibbons Draft, 1907
THE HONORABLE THE SECRETARY OF STATE
OF THE UNITED STATES, and
THE HONORABLE THE PRIME MINISTER
OF THE DOMINION OF CANADA:
The undersigned have the honor to most respectfully submit for your consideration the attached draft of a proposed treaty.
Dated September 24, 1907.
(Signed) GEORGE CLINTON
“ GEO. C. GIBBONS
PROPOSED TREATY CLAUSES.
WHEREAS questions have arisen and may hereafter arise involving the use and diversion of the boundary waters of the United States and Canada, and in relation to the protection of the fisheries therein, the improvement of navigable channels, the location of the boundary line, the construction of new channels for navigation, the improvement and maintenance of the levels therein, and the protection of the banks and shores of such waters; and whereas it is desirable that the rules of navigation upon navigable waters forming a part of the boundary between the United States and the Dominion of Canada, and the use of signal lights of vessels navigating said waters should be uniform, and whereas the use of said waters for power and other purposes should be regulated by joint rules of the United States and the Dominion of Canada, and such rules must be enforced by joint action of said countries; and whereas it is deemed wise by the high contracting parties, in order to settle all such questions now existing, or which may hereafter arise, and to dispose of all other matters above mentioned, that a permanent international commission be appointed with full powers in the premises: therefore the high contracting parties agree that all such questions and matters as they may arise shall be referred by them to a commission to consist of six commissioners, three to be appointed by the President of the United States, and three by His Britannic Majesty; and the high contracting parties agree to appoint the commissioners as soon after the ratification hereof as may be convenient. In case of the death, absence or incapacity of a commissioner, or in the event of a commissioner omitting or ceasing to act as such, the President of the United States, or His Britannic Majesty, respectively, shall name another person to act as commissioner in the place or stead of the Commissioner originally named.
The Commissioners shall meet in Washington at the earliest convenient time after they shall have been named, and shall, before proceeding to do any business, make and subscribe a solemn declaration that they will impartially and carefully examine and decide, to the best of their judgment and according to justice and equity, without feeling, favor or affection to their country, upon all such matters as shall be laid before them on the part of the governments of the United States and of His Britannic Majesty, respectively, and such declaration shall be entered on the record of their proceedings.
After having organized the commissioners may meet at such times and places as they may appoint. They shall give all parties interested in matters which come before them, convenient opportunity to be heard, and may take evidence on oath when deemed necessary. They may adopt such rules of procedure as may be in accordance with justice and equity and may make such examinations in person and through agents, or employees, as they may deem advisable.
The majority of the commission shall have power to render a decision, but in case a majority do not agree, the commission shall select an arbitrator or arbitrators to whom the matters in difference may be referred and whose decision shall be final.
The Commission may employ secretaries, engineers and other assistants, from time to time as it may deem advisable. The salaries and personal expenses of the Commissioners shall be paid by their respective governments, and all other expenses, including the pay of arbitrators, shall be paid equally by the high contracting parties, who shall make proper provision therefor.
The Commission shall have the power to consider and determine all questions and matters related to the subject specified in Article I which may be referred to it by the High Contracting Parties.
The decision of the Commission upon any matters submitted to it shall be enforced by the High Contracting Parties; and for the purpose of enforcing any rules and regulations, which may be adopted by the Commission, pursuant to the powers conferred upon it by this treaty, the Commission may exercise such police powers as may be vested in it by concurrent legislation of the United States and the Dominion of Canada.
It is agreed as follows: -
1. The expression “boundary waters” as used in this treaty includes the following described waters, to wit: Lake Superior, Michigan, Huron including Georgian Bay, St. Clair, Erie and Ontario; the connecting and tributary waters of said lakes, the river St. Lawrence from its source to the ocean; the Columbia River and all rivers and streams which cross the boundary line between the Dominion of Canada and the United States, and their tributaries.
2. All navigable boundary waters, and all canals and channels connecting the same or aiding in their navigation, now existing or which may hereafter be constructed are and shall be forever free for navigation by the citizens and subjects of both countries, ascending and descending, subject to such just rules and regulations as either of the High Contracting Parties may, within its own territory, impose, provided that such rules and regulations shall not discriminate between the citizens or subjects of the high contracting parties.
3. The right to use said waters for navigation is paramount to all other rights, except that of use for necessary domestic and sanitary purposes and the service of canals for purposes of navigation.
4. Where diversions of water are permitted for the purpose of generating power, upon waters along the line of the international boundary, the interests of navigation must be fully protected, and, as far as possible, the right to use on half of surplus waters available for power purposes shall be preserved to each country, its citizens or subjects.
5. Where diversion for irrigation is permitted the paramount right of navigation must be preserved and the rights of each country affected and of its citizens or subjects must be equitably protected.
6. The said waters must not be polluted in one country to the injury of health or property in the other.
7. No water shall be diverted from the Niagara River or from Lake Erie by way of the Niagara Peninsula in excess of 18,500 cubic feet per second in the United States, and 36,000 cubic feet per second in the Dominion of Canada, except for necessary domestic and sanitary uses, and for service of canals for purposes of navigation.
8. Solely for the purposes of this treaty, the expression “Navigable boundary waters” shall be taken to mean all such boundary waters as are subject to public use for the transportation of property, in accordance with the common law as recognized in the Dominion of Canada and in the United States; and the Commission is authorized and empowered to determine the navigability of streams, as matter of fact, when it becomes necessary to do so in matters referred to it.
9. No diversion or obstruction of boundary waters in, or by, either country, which shall materially interfere with the natural flow thereof, to the injury of the other country, or of its citizens or subjects shall be permitted without the consent of such other country.
10. The words “citizens” and “subjects” as used in this treaty shall be deemed to include individuals, corporations, joint stock companies, associations and partnerships.
The Commission is hereby empowered and directed to ascertain the boundary line between the United States and the Dominion of Canada through lakes Ontario, Erie, St. Clair, and Huron, and the waters connecting the same as laid down by the Commissioners appointed under the treaty of Ghent, as nearly as possible, and to delineate the same upon modern charts and to describe it in writing, and, so far as practical, by reference to fixed monuments which the Commission may locate and erect and which shall be so described that they can be readily found.
The Commission shall by report, signed by the Commissioners, designate the boundary line so ascertained by it and shall cause to be prepared proper maps delineating the same. They shall file their report together with such maps, in duplicate with the Secretary of State of the United States and with the Minister of Public Works of the Dominion of Canada.
The boundary line as ascertained and reported by the Commission shall be the boundary line between the United States of America and the Dominion of Canada, through the waters last above mentioned.
In case a majority of the commission shall not be able to agree on the location of the boundary line through the waters last above mentioned, in whole or in any part, they shall make joint or several reports in duplicate, to the government of His Britannic Majesty and to that of the United States, stating in detail the points on which they differ.
AND WHEREAS it is desirable that the said Commission, when formed, shall have authority to deal with all other matters, which shall, by consent of both the contracting parties, be submitted to it for decision or which shall with such consent, be referred to it with a view to having the said Commission consider and report thereon with such recommendations as they may think advisable,
NOW THEREFORE the High Contracting Parties agree that the said Commission shall, as to all matters so referred to them for decision, have the same powers as given them with respect to the subjects mentioned in Article I of this treaty.
As to such matters as are not referred to them for decision the said commission shall consider and report upon the facts, with such recommendations as they may see fit.
In case a majority of the Commission cannot, in matters so referred to the for decision, agree upon findings, they shall appoint one or more arbitrators as provided in Article I, but as to all other subjects referred to them if the majority cannot agree upon conclusions, the views of the members shall be embodied in separate reports to be submitted to both the High Contracting Parties.
The Commission with all its powers conferred and duties imposed by this treaty shall continue during the pleasure of both the high contracting parties; but if either of the parties desires to terminate the treaty it shall give to the other at least one year’s notice in writing before doing so. For all the purposes of these articles the Dominion of Canada shall be deemed to represent His Britannic Majesty.
All reports and communications of the Commission are to be made to the Secretary of State of the United States and to the Prime Minister of the Dominion of Canada.
Appendix 3: List of IJC Commissioners
Commissioners of the International Joint Commission /
Commissaires de la Commission mixte internationale
United States Section / Section américaine
Thomas H. Carter
James A. Tawney
1911—1919 (1912—1914 co-chair/co-président)
Frank S. Streeter
1913—1923 (1914—1923 co-chair/co-président)
Robert B. Glenn
Clarence D. Clark
1919—1929 (1923—1929 co-chair/co-président)
William Bauchop Wilson
Charles E. Townsend
Fred T. Dubois
Porter J. McCumber
John H. Bartlett
Augustus Owsley Stanley
Roger B. McWhorter
Ralph Walton Moore
Eugene W. Weber
Francis L. Adams
Charles R. Ross
Matthew E. Welsh
1965—1970 (1966—1970 co-chair/co-président)
Christian A. Herter Jr.
Henry P. Smith III
1973—1978 (1975—1978 co-chair/co-president)
Robert J. Sugarman
Jean L Hennessey
Lawrence Keith Bulen
Robert C. McEwen
Gordon K. Durnil
Hilary P. Cleveland
Robert F. Goodwin
Susan B. Bayh
Thomas L. Baldini
Dennis L. Schornack
Irene B. Brooks
2002—2011 (2008—2010 co-chair/co-présidente)
Allen I. Olson
2019—present/jusqu’à present (co-chair/co-president)
2019— present/jusqu’à présent
Canadian Section / Section canadienne
Thomas Chase Casgrain
Henry A. Powell
Charles A. Magrath
William H. Hearst
1920 – 1940
George W. Kyte
Joseph E. Perrault
1940—1948 (1947—1948 co-chair/co-président)
James Allison Glen
1943—1950 (1948—1950 co-chair/co-président)
Andrew G. L. McNaughton
J. Lucien Dansereau
Donald M. Stephens
Arnold D. P. Heeney
Andy D. Scott
Louis J. Robichaud
Keith A. Henry
Jean R. Roy
Stuart M. Hodgson
Charles M. Bédard
E. Richmond Olson
1981—1985 (1981—1982 co-chair/co-président)
James Blair Seaborn
Edmond Davie Fulton
1986—1992 (1989—1992 co-chair/co-président)
Robert S. K. Welch
1990—1995 (1992 to 1995 co-chair/co-président)
James A. Macaulay
1995—1997 (1996—1997 co-chair/co-président)
Francis C. Murphy
Adèle M. Hurley
Leonard H. Legault
Jack P. Blaney
Mary M. Gusella
Lyall D. Knott
Richard A. Morgan
2019—present/jusqu’à present (co-chair/co-president)
2019— present/jusqu’à présent