1276 INTERNATIONAL AGREEMENTS OTHER THAN TREATIES [55 STAT. May 20. 191 Arrangement between the United States of America and Canadarespecting IE. A. S. 20] the temporary diversionfor power purposes of additional waters of the Niagara River above the Falls. Effected by exchange of notes signed at Washington May 20, 1941; ratification advised by the Senate of the United States June 12, 1941; approved by the President of the United States June 13, 1941. The Secretary of State to the CanadianMinister Proposal for addi- tional water diversion from Niagara River. DEPARTMENT OF STATE WASHINGTON Sim: May 0, 1941 I have the honor to refer to conversations which have taken place recently between officials of the Governments of the United States and Canada with respect to the immediate and pressing needs for additional power in the Niagara Falls area for national defense pur- poses. Throughout these conversations, as well as in previous con- versations during the course of years, on the general subject of the Falls at Niagara, two objectives have been kept in mind: first, the scenic beauty of this great heritage of the two countries; and second, the utilization of the power resources available there, consistent with the primary obligation of preserving the scenic beauty of the Falls. Recent surveys have indicated that there is now idle equipment available and set up which could utilize at once an additional diver- sion for power purposes of 5,000 cubic feet per second on the United States side. I am informed by the defense authorities of this Gov- ernment and by the Federal Power Commission that this additional power is urgently needed in connection with the Government's Na- tional Defense Program. It is likewise understood from conversa- tions with the appropriate Canadian officials that 3,000 cubic feet per second could be used immediately on the Canadian side in connection with the furtherance of the war efforts of Canada. These figures represent the immediate needs of the two Governments and do not pretend to take into consideration all industrial requirements of the two countries in the area by reason of the present emergency. In view of the above, and having in mind assurances of engineers that there will be no material adverse effect to the scenic beauty of the Falls, I propose through this exchange of notes that for the duration of the emergency and in all events subject to reconsidera- tion by both Governments on October 1, 1942, an additional diversion for power purposes of 5,000 cubic feet per second be utilized on the United States side of the Niagara River above the Falls. In making this proposal this Government is prepared to give assurances that no objection will be raised to an additional diversion of 3,000 cubic feet per second on the Canadian side of the Niagara River above
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