THE COLUMBIA RIVER TREATY*
The Columbia River Treaty, signed in January 1961, but not, as yet, ratified
by the Canadian Parliament, expresses the will of Canada and the United
States of America to cooperate on the development of the Columbia River
Basin, in order to attain the greatest mutual benefit from these vast potential
hydro-electric resources.
General Terms of the Treaty
In effect Canada binds herself to two main obligations. She is required to
make readily available a certain quantity of water storage at certain specific
places and, secondly, to ensure flood control by the use of dams (which are
mainly beneficial to the U.S.A.). On the other hand, the U.S.A. agrees to
maintain and operate the hydro-electric facilities, to indemnify Canada for her
costs of flood control, and to deliver to Canada the amount of hydro-electric
energy to which she is entitled under the treaty.
A. Rights of Canada
Rights and Duties of Canada
The rights of Canada are concurrent with the duties of the U.S.A., but they
are more specifically dealt with in Arts. V, VI, and XIII (3) and (5).
Art. V entitles Canada to one half of the downstream power benefits de-
rermined under Art. VII and Annex B. By Art. VI Canada has the right to
compensation for the economic loss arising directly from foregoing alternative
uses of storage used to provide flood control in the U.S.A. This compensation
can be received in electric power if Canada so elects. Canada also acquires
through Art. XIII (3) and (5) the right to divert water from the Kootenay
and Columbia Rivers after a certain time.
B. Duties of Canada
The principal duties of Canada are set out in Arts. II, IV, X, XII (4) and
XIII.
The first commitment of Canada is found in Art. II: She has the duty to
provide a specific area of water storage in the Columbia River Basin. The
construction of the dams required for this work must start as soon as possible
after the ratification of the Treaty.
The second obligation of Canada, stated in Art. IV, is to operate these
dams for the purpose of generating hydro-electric power in Canada and the
U.S.A.; to ensure flood control; and to provide any additional storage when-
*A pricis by Philippe R. de Massy, of the Junior Board of Editors, McGill Law journal; second
year law student.
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COLUMBIA RIVER TREATY
ever called upon to do so by an entity designated by the U.S.A. The full
operation of Canadian water storage shall commence within nine years of the
ratification date.
Canada also binds herself to refrain from any development of water resources
after the ratification which will adversely affect the stream-flow of the Columbia
River thereby reducing flood control and hydro-electric power benefits.
By Art. V Canada is bound to pay in cash for the dependable hydro-electric
capacity transmitted by the U.S.A. on a line to be constructed with U.S.
funds, from Oliver to Vancouver, B.C.
Art. XII stipulates that if the U.S.A. takes option to build Libby Dam,
Canada must prepare and make available for flooding the land in Canada
necessary for the storage reservoir.
Finally, in Art. XII (1), Canada binds herself not to divert from its natural
channel, in a way that alters the flow as it crosses the Canadian-American
border in the Columbia River Basin, any water, for a use other than consump-
tion, without the consent of the U.S.A.
A. Rights of the U.S.A.
Rights and Duties of the U.S.A.
Few rights of the U.S.A. are specifically enumerated in the treaty as they
are naturally correlated with Canada’s duties.
Art. IX gives the U.S.A. the right to ask for a modification in the down-
stream power benefits, if she considers that the costs involved would not
justify the construction and operation of the project.
Art. XII specifies that the U.S.A. has an option to commence, within five
years of the ratification date of the treaty, the construction of a dam on the
Kootenay River near Libby, Montana. This right of option is forfeited after
the period stated above expires.
B. Duties of the U.S.A.
The duties of the U.S.A. are contained in Arts. III. V, VI and X.
The first duty, laid out in Art. III, is to maintain and develop hydro-electric
facilities included in the base system, and any additional hydro-electric
facilities, in the most effective way. Art. V maintains that the U.S.A. must
also bind herself to deliver to Canada at a point near Oliver, B.C., her share
of downstream power benefits.
Under Art. VI, the U.S.A. must pay Canada in cash for flood control facilities
which she provides.
As set out in Art. X, the U.S.A. must provide East-West standby trans-
mission service adequate to safeguard the transmission of power owing to
Canada from Oliver to Vancouver, B.C.
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General Provisions
The last eight articles apply to both Canada and the U.S.A. and provide
for the technical problems arising out of the implementation of the treaty.
The arrangements for the implementation of the treaty are detailed in Art.
XIV, which stipulates the nomination by Canada and the U.S.A. of one or
more entities whose duties are set out later in the article.
Arts. XV and XVI detail the setting-up of an engineering board and the
settlement of differences.
Art. XVII calls for the restoration of the pre-treaty status quo and the
continuing validity of the Boundary Waters Treaty, 1909, upon expiration of
the present treaty.
Liability for damages, the duration of the treaty, ratification and registration
with the U.N. make up the last four articles.
Annexes
The treaty terminates with two annexes which describe in further detail
the operation of the Canadian water storage, flood control, and the determina-
tion of downstream power benefits.
Annex A: Principles of Operation
.A hydrometeorological system must be set up under the treaty to aid
regulation of flood control and power operations. As regards flood control
operations, Canada agrees to carry out the plans submitted to her by the U.S.A.
Concerning the operations of water storage for power generating purposes, the
treaty provides that this will be carried out by Canada in accordance with the
plans, so that optimum power generation is achieved in the U.S.A. until
“‘at-sitc power” is developed. This change must not diminish U.S.A. down-
stream benefits below a certain level.
Annex B: Determination of Downstream Power Benefits
In principle, the downstream power benefits will be proportional to the
difference of power generation with and without the use of Canadian storage.
The Annex outlines three steps for the computation of the increase in dependable
hydro-electric capacity and the increase in average annual hydro-electric
energy. This must be read with reference to a table in the Annex which provides
figures for the computation.
CASE and COMMENT
