711.42157 Detrodt/33
The Chargé in Canada (Boal) to the Secretary of
State
No. 1297
Ottawa, March 23,
1933.
[Received March 24.]
Sir: I have the honor to refer to
instruction No. 706 of September 24, 1932, (file No. 711.42157
Detroit/25) and other correspondence, regarding operations to be
conducted in Canadian waters in connection with the dredging of
certain shoal areas in the St. Clair River, and to report the
receipt of note No. 27 of March 21, 1933, from the Department of
External Affairs, in which the Canadian Government grants the
necessary permission to carry out the proposed works, subject,
however, to certain important conditions.
Copy of the note in question is transmitted herewith.
Respectfully yours,
[Enclosure]
The Canadian Secretary of State for External
Affairs (Bennett) to the
American Chargé (Boal)
No. 27
Ottawa, 21 March,
1933.
Sir: I have the honour to refer to
your note No. 576 dated the 6th October, 1932, in which you
transmitted a copy of a letter addressed to the Secretary of
State at Washington by the Acting Secretary of War regarding
operations which the War Department proposed to conduct in
Canadian waters in connection with the dredging of certain shoal
areas in the St. Clair River to a depth of twenty-five feet at
low water datum, and enclosing a set of thirteen blue prints
showing in general the areas to be dredged.
I have the honour to inform you that the Canadian Government has
granted the necessary permission to carry out the proposed
works, subject, however, to the following conditions:
- (1)
- That the United States Government, having decided upon
the extent of the proposed improvement, shall, before
proceeding with the dredging and disposal of spoil
material, submit the result of their further studies to
the Engineers of the Department of Public Works, and
secure the concurrence of the Canadian Government
Engineers therein, in
[Page 94]
order that the maximum beneficial
effect from the disposal of the waste material shall be
obtained.
- (2)
- That the Canadian Government shall be informed in
advance of the method to be followed in carrying out the
work, and shall be provided with a programme of
operations.
- (3)
- That a particular study shall be made of the
conditions surrounding navigation at the junction of the
Chenal Ecarte river with the main channel of the St.
Clair River, and agreement secured thereto between the
Engineers of the United States Government and the
Engineers of the Canadian Government in order that, as a
result of any improvement proposed to be made, the
difficulties of navigating at this section will be no
more onerous than under existing conditions.
- (4)
- That during the progress of the work, and subsequent
thereto, such soundings, gaugings, and meterings shall
be carried out as may be agreed upon, the work to be
done by the United States Corps of Engineers, the
Department of Public Works to be kept advised of the
results obtained so as to insure that limitations of the
Boundary Waters Treaty of 1909 are adhered to, and
navigation interests protected. Authorized
representatives of the Canadian Government shall be free
at all times to inspect the work during progress and
shall also be permitted to continue to make such check
surveys with soundings, meterings and gaugings, in any
part of the St. Clair River, as may be considered
desirable at any time.
- (5)
- That whatever works are carried out in Canadian
territorial waters shall be carried out without
prejudice to the sovereign or territorial rights of the
Dominion of Canada.
- (6)
- That the ownership of materials deposited in Canadian
waters, or upon lands in Canada, shall automatically
become the property of the Crown in right of the
Dominion or of the Province, or the property of private
individuals, dependent on the ownership of the site
where the materials are placed; provided, however, that
this condition shall not be construed as entitling the
owner of such site to remove or otherwise disturb the
materials deposited in Canadian waters, unless
authorized by the appropriate authorities charged with
the responsibility for the interests of
navigation.
- (7)
- That all necessary steps shall be taken by the United
States Government to safeguard the interests of
navigation during the progress of work.
- (8)
- That the United States Engineers shall present plans
for submission to the Department of Indian Affairs
showing, in detail, the location and extent of the
spoiling areas on Walpole Island, Squirrel Island and
the marshes south thereof, accompanied by a statement
setting forth the method of disposal and the extent of
the yardage involved.
- (9)
- That, if on receipt of this information an
investigation shows that the interests of the Indians
will suffer damage, either directly or indirectly, or by
reason of the effect of such operations upon existing or
prospective leases, equitable compensation will be paid
to the Department of Indian Affairs for the benefit of
the Indians.
- (10)
- That the method of disposal will be subject to the
approval of the Department of Indian Affairs.
- (11)
- That, prior to the commencement of the work, the
Department of Indian Affairs will be provided with a
programme of the operations, in so far as they may
affect Walpole and Squirrel Islands and the marshes
south thereof.
- (12)
- That, in view of a question that exists between the
Department of Indian Affairs and the Government of the
Province of Ontario as to the ownership of the marshes
adjoining these lands, and without prejudice to the
claim of the Department of Indian Affairs, which does
not admit the claim of the Province, the consent and
approval of the Government of the Province of Ontario
should be obtained, in so far as it may affect any claim
that that Province may have in these marshes.
- (13)
- That the consent of the owner of any land upon which
waste material is to be deposited, whether that owner be
the Crown in right of the Dominion or in right of the
Province of Ontario, or a private individual, shall be
obtained prior to the disposition of any such waste
material on such land. This provision shall not extend
to the disposition of waste material in the bed of the
river at places where the depth is in excess of forty
feet, and where the disposition is in accordance with
the limitations set forth in the proposal.
- (14)
- That, while it is expected that adherence to the
foregoing conditions will insure that the resulting
effect of the contemplated work upon the levels of Lakes
Huron and Erie and the connecting waters will be
practically negligible, the United States authorities
will, in the event of adverse effects upon such levels
resulting, undertake the construction of such
compensating works as may be necessary.
- (15)
- That the permission hereby granted is without
prejudice to the rights or obligations of either of the
parties arising from either the provisions of or the
declarations noted in the St. Lawrence Deep Waterway
Treaty, signed at Washington the 18th July, 1932.56
Accept [etc.]
W. H. Walker
For the Secretary of State for External Affairs
