Message to the Senate Transmitting an Agreement Between the United States and Canada on Flood Control Payments.

To the Senate of the United States:

With a view to receiving the approval of the Senate, I transmit herewith the texts of two notes, signed at Washington and dated August 18 and 20, 1969, constituting an agreement between the Government of the United States of America and the Government of Canada concerning adjustments in the flood control payments by the United States Government to the Canadian Government as a result of early completion of projects (Arrow Dam and Duncan Dam) contemplated by Article 11(2) (b) and (c) of the Columbia River Treaty.

It is provided in the agreement that it will enter into force upon notification by the United States Government to the Canadian Government that all internal measures necessary to give effect to the agreement for the United States have been completed.

Pursuant to the treaty relating to cooperative development of the water resources of the Columbia River basin signed at Washington on January 17, 1961, Canada constructed the Duncan Dam and the Arrow Dam in British Columbia. The treaty provides that the United States shall pay to Canada specified sums with respect to each of the dams for the flood control benefits. The sums specified were based on a period of 55 years of flood control benefits, and it was expected that the projects would be completed subsequent to the spring of 1969. The dams actually commenced operation well in advance of the expected dates, so that the United States has received additional benefits for two years in the case of Duncan Dam and one year in the case of Arrow Dam.

The treaty provides that the United States would pay less if full operation of the storage were not commenced within the time specified, but does not provide for additional payments if such operation were commenced prior to the time specified. By an exchange of notes dated January 22 1964, prior to the entry into force of the treaty, the two Governments agreed to consult with a view to adjustments in the payments if there should be an early completion of the dams. The agreement transmitted herewith has resulted from such consultation. It provides for a payment to Canada of a total of $278,000 for the additional flood control benefits resulting from early completion of Duncan Dam and Arrow Dam.

The treaty of 1961 does not without modification provide a basis for authorizing the additional payments. It is desirable, therefore, that in effect the treaty provisions be modified so that there may be an adequate legal basis for an authorization for appropriations. The notes of August 18 and 20, 1969 have been exchanged for this purpose.

I also transmit for the information of the Senate a report by the Secretary of State relating to the agreement effected by that exchange of notes.

I urge that the Senate give early and favorable consideration to the agreement concerning adjustments in the flood control payments by the United States Government to the Canadian Government.

RICHARD NIXON

The White House

October 14, 1969