The Boundary Waters Treaty is the 1909

treaty A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal pe ...

between the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...

and

Canada Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...

providing mechanisms for resolving any dispute over any waters bordering the two countries. The treaty covers the Canada, as a dominion of the Crown of Britain at the time, subsequently enacted the International Boundary Waters Treaty Act to implement the treaty.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 (Links to an external site.). Accessed January 25, 2016.

History

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. The Boundary Waters Treaty, completed on January 11, 1909, was approved for ratification by a supermajority (two-thirds) of the American Senate on March 3, 1909. American President

William Taft William Howard Taft (September 15, 1857March 8, 1930) was the 27th president of the United States (1909–1913) and the tenth chief justice of the United States (1921–1930), the only person to have held both offices. Taft was elected pr ...

ratified the treaty on May 13, 1910.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.
{{Webarchive, url=https://web.archive.org/web/20160129195719/http://www.ijc.org/en_/BWT , date=January 29, 2016 British King

Edward VII Edward VII (Albert Edward; 9 November 1841 – 6 May 1910) was King of the United Kingdom of Great Britain and Ireland and Emperor of India, from 22 January 1901 until his death in 1910. The second child and eldest son of Queen Victoria and ...

ratified Canada's corollary International Boundary Waters Treaty Act.

Objectives

The Treaty's framework prevents and resolves disputes over boundary waters.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. It defines boundary waters as surface waters along the

international border Borders are usually defined as geographical boundaries, imposed either by features such as oceans and terrain, or by political entities such as governments, sovereign states, federated states, and other subnational entities. Political borders c ...

, mostly in whole, excluding upstream tributaries (Preliminary Article). It establishes free use of boundary waters for

commerce Commerce is the large-scale organized system of activities, functions, procedures and institutions directly and indirectly related to the exchange (buying and selling) of goods and services among two or more parties within local, regional, nation ...

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 The International Joint Commission (french: Commission mixte internationale) is a bi-national organization established by the governments of the United States and Canada under the Boundary Waters Treaty of 1909. Its responsibilities were expa ...

(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).

Effect on water resources

The IJC has jurisdiction for regulating water quantity, including flows and levels, the Treaty enumerates the following order of precedence of use (Article VIII): *

Domestic Domestic may refer to: In the home * Anything relating to the human home or family ** A domestic animal, one that has undergone domestication ** A domestic appliance, or home appliance ** A domestic partnership ** Domestic science, sometimes c ...

and

sanitary Sanitation refers to public health conditions related to clean drinking water and treatment and disposal of human excreta and sewage. Preventing human contact with feces is part of sanitation, as is hand washing with soap. Sanitation systems ...

use, *

Navigation Navigation is a field of study that focuses on the process of monitoring and controlling the movement of a craft or vehicle from one place to another.Bowditch, 2003:799. The field of navigation includes four general categories: land navigation, ...

, and *

Power Power most often refers to: * Power (physics), meaning "rate of doing work" ** Engine power, the power put out by an engine ** Electric power * Power (social and political), the ability to influence people or events ** Abusive power Power may a ...

and

irrigation Irrigation (also referred to as watering) is the practice of applying controlled amounts of water to land to help grow crops, landscape plants, and lawns. Irrigation has been a key aspect of agriculture for over 5,000 years and has been devel ...

. The Treaty applies the

riparian doctrine Riparian water rights (or simply riparian rights) is a system for allocating water among those who possess land along its path. It has its origins in English common law. Riparian water rights exist in many jurisdictions with a common law herit ...

that one use cannot materially impair another protected use. Therefore, many issues of

water quality Water quality refers to the chemical, physical, and biological characteristics of water based on the standards of its usage. It is most frequently used by reference to a set of standards against which compliance, generally achieved through tr ...

are also within the IJC's purview.

External links

International Joint Commission website - English

International Joint Commission website - French

References

United Kingdom–United States treaties 1909 in Canada 1909 in the United States 1909 in the environment Boundary treaties Treaties concluded in 1909 Canada–United States border Water treaties Treaties of the United Kingdom (1801–1922) Treaties extended to Canada

History

Objectives

Effect on water resources

See also

External links

References