The Boundary Waters Treaty is the 1909 treaty between the United States, and Great Britain with respect to the Dominion of Canada, providing mechanisms for resolving any disputes over waters bordering the U.S. and Canada.[1] The treaty covers the
Boundary Waters Treaty
Treaty Between the United States and Great Britain Relating to Boundary Waters, and Questions Arising Between the United States and Canada
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 canals or streams, or steams or the waters of rivers flowing across the boundary.
Canada, as a dominion of the Crown of Britain at the time, subsequently enacted the International Boundary Waters Treaty Act to implement the treaty.[2]
Momentum for a boundary waters treaty built up against a background of difficulties encountered in apportioning the waters of the St. Mary and Milk Rivers in the west, the Rainy River, the Chicago Diversion of Lake Michigan (which at the time lowered lake levels by 6 inches), the St. Mary's River at Sault Ste. Marie, and the Niagara River. Thus at the International Irrigation Congresses in Denver, Colorado, in 1894 and in Albuquerque, New Mexico, in 1895, resolutions were introduced by the Canadian delegate and adopted unanimously by the American, Mexican, and Canadian delegations. The resolution recommended to the United States "the appointment of an international commission to act in conjunction with the authorities of Mexico and Canada in adjudicating the conflicting rights which have arisen, or may hereafter arise, on streams of an international character." In 1896, the Canadian Government requested that the British Ambassador at Washington inform the American Government that it was prepared to cooperate "by appointment of an international commission or otherwise" in the regulation of international streams for irrigation purposes.[3]
In Washington D.C., the treaty was signed for the United States by Secretary of StateElihu Root, and for Canada by the British AmbassadorJames Bryce on January 11, 1909. It was approved for ratification by the required supermajority (two-thirds) of the American Senate on March 3, 1909. American President William Taft ratified the treaty on May 13, 1910.[4] British King Edward VII ratified Canada's corollary International Boundary Waters Treaty Act.[2]
Objectivesedit
The Treaty's framework prevents and resolves disputes over boundary waters.[5] It defines boundary waters as surface waters along the international border, mostly in whole, excluding upstream tributaries (Preliminary Article). It establishes free use of boundary waters for commerce and navigation forever (Article I). It grants respective federal and state/provincial governments legal jurisdiction over the use, obstruction, and diversion of these waters (Article II). It creates the International Joint Commission (IJC) and requires future hydromodifications be approved by a majority of the three Canadian and three American Commissioners (Articles III, IV, VII, VIII). The IJC can only provide research or orders of approval if either federal government submits a referral (Article IX).[4]
Effect on water resourcesedit
The IJC has jurisdiction for regulating water quantity, including flows and levels, the Treaty enumerates the following order of precedence of use (Article VIII):
The Treaty applies the riparian doctrine that one use cannot materially impair another protected use. Therefore, many issues of water quality are also within the IJC's purview.
^ abUnited Kingdom of Great Britain and Ireland and of the British Dominions. "International Boundary Waters Treaty Act." Treaty doc. R.S.C.. 1985. c. I-17. Washington. 1909. Web. http://laws-lois.justice.gc.ca/eng/acts/I-17/page-1.html August 4, 2016, at the Wayback Machine (Links to an external site.). Accessed January 25, 2016.
^Harrison, John. "Boundary Waters Treaty." Northwest Power and Conservation Council. October 31, 2008. Web.http://www.nwcouncil.org/history/BoundaryWatersTreaty. Accessed February 2, 2016.
^ abcUnited States of America. "Treaty Between the United States and Great Britain Relating to Boundary Waters, and Questions Arising Between the United States and Canada." Treaty doc. Washington. 1909. Web. http://www.ijc.org/en_/BWT. Accessed February 1, 2016. January 29, 2016, at the Wayback Machine
^International Joint Commission. "Annual Report for 2008: Boundary Waters Treaty Centennial Edition." 2008. Web. http://ijc.org/files/publications/ID1629.pdf (Links to an external site.). Accessed January 25, 2016.
January 01, 1970
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The Boundary Waters Treaty is the 1909 treaty between the United States and Great Britain with respect to the Dominion of Canada providing mechanisms for resolving any disputes over waters bordering the U S and Canada 1 The treaty covers theBoundary Waters TreatyTreaty Between the United States and Great Britain Relating to Boundary Waters and Questions Arising Between the United States and CanadaSignedJanuary 11 1909 1909 01 11 LocationWashington D C SealedMay 5 1910OriginalsignatoriesJames Bryce Elihu RootParties Canada United StatesRatifiers United Kingdom United States 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 canals or streams or steams or the waters of rivers flowing across the boundary Canada as a dominion of the Crown of Britain at the time subsequently enacted the International Boundary Waters Treaty Act to implement the treaty 2 Contents 1 History 2 Objectives 3 Effect on water resources 4 See also 5 External links 6 ReferencesHistory editMomentum for a boundary waters treaty built up against a background of difficulties encountered in apportioning the waters of the St Mary and Milk Rivers in the west the Rainy River the Chicago Diversion of Lake Michigan which at the time lowered lake levels by 6 inches the St Mary s River at Sault Ste Marie and the Niagara River Thus at the International Irrigation Congresses in Denver Colorado in 1894 and in Albuquerque New Mexico in 1895 resolutions were introduced by the Canadian delegate and adopted unanimously by the American Mexican and Canadian delegations The resolution recommended to the United States the appointment of an international commission to act in conjunction with the authorities of Mexico and Canada in adjudicating the conflicting rights which have arisen or may hereafter arise on streams of an international character In 1896 the Canadian Government requested that the British Ambassador at Washington inform the American Government that it was prepared to cooperate by appointment of an international commission or otherwise in the regulation of international streams for irrigation purposes 3 nbsp Secretary of State Hillary Clinton and Minister of Foreign Affairs Lawrence Cannon speak on the 100th anniversary of the Treaty in 2009 In Washington D C the treaty was signed for the United States by Secretary of State Elihu Root and for Canada by the British Ambassador James Bryce on January 11 1909 It was approved for ratification by the required supermajority two thirds of the American Senate on March 3 1909 American President William Taft ratified the treaty on May 13 1910 4 British King Edward VII ratified Canada s corollary International Boundary Waters Treaty Act 2 Objectives editThe Treaty s framework prevents and resolves disputes over boundary waters 5 It defines boundary waters as surface waters along the international border mostly in whole excluding upstream tributaries Preliminary Article It establishes free use of boundary waters for commerce and navigation forever Article I It grants respective federal and state provincial governments legal jurisdiction over the use obstruction and diversion of these waters Article II It creates the International Joint Commission IJC and requires future hydromodifications be approved by a majority of the three Canadian and three American Commissioners Articles III IV VII VIII The IJC can only provide research or orders of approval if either federal government submits a referral Article IX 4 Effect on water resources editThe IJC has jurisdiction for regulating water quantity including flows and levels the Treaty enumerates the following order of precedence of use Article VIII Domestic and sanitary use Navigation and Power and irrigation 4 The Treaty applies the riparian doctrine that one use cannot materially impair another protected use Therefore many issues of water quality are also within the IJC s purview See also editBoundary Waters International Joint Commission Great Lakes Saint Lawrence River Basin Sustainable Water Resources AgreementExternal links editInternational Joint Commission website English International Joint Commission website FrenchReferences edit 36 Stat 2448 a b United Kingdom of Great Britain and Ireland and of the British Dominions International Boundary Waters Treaty Act Treaty doc R S C 1985 c I 17 Washington 1909 Web http laws lois justice gc ca eng acts I 17 page 1 html Archived August 4 2016 at the Wayback Machine Links to an external site Accessed January 25 2016 Harrison John Boundary Waters Treaty Northwest Power and Conservation Council October 31 2008 Web http www nwcouncil org history BoundaryWatersTreaty Accessed February 2 2016 a b c United States of America Treaty Between the United States and Great Britain Relating to Boundary Waters and Questions Arising Between the United States and Canada Treaty doc Washington 1909 Web http www ijc org en BWT Accessed February 1 2016 Archived January 29 2016 at the Wayback Machine International Joint Commission Annual Report for 2008 Boundary Waters Treaty Centennial Edition 2008 Web http ijc org files publications ID1629 pdf Links to an external site Accessed January 25 2016 Retrieved from https en wikipedia org w index php title Boundary Waters Treaty of 1909 amp oldid 1207706406, wikipedia, wiki, book, books, library,
