The Governments of Canada and the United States of America

Recognizing that their peoples have, for many generations, lived together and cooperated

with one another in many aspects of their national enterprises, for the greater wealth and happiness of their respective nations, and

Recognizing that the Columbia River Basin, as a part of the territory of both countries, con-tains water resources that are capable of contributing greatly to the economic growth and strength and to the general welfare of the two nations, and

Being desirous of achieving the development of those resources in a manner that will make

the largest contribution to the economic progress of both countries and to the welfare of their peoples of which those resources are capable, and

Recognizing that the greatest benefit to each country can be secured by cooperative measures for hydroelectric power generation and flood control, which will make possible other benefits as well.

Have agreed as follows:

ARTICLE I

Interpretation

1. In the Treaty, the expression

1. "average critical period load factor" means the average of the monthly load factors during the critical stream flow period;
2. "base system" means the plants, works and facilities listed in the table in Annex B as enlarged from time to time by the installation of additional generating facilities, together with any plants, works or facilities which may be constructed on the main stem of the Columbia River in the United States of America;
3. "Canadian storage" means the storage provided by Canada under Article II;
4. "critical stream flow period" means the period, beginning with the initial release of stored water from full reservoir conditions and ending with the reservoirs empty, when the water available from reservoir releases plus the natural stream flow is capable of producing the least amount of hydroelectric power in meeting system load requirements;
5. "consumptive use" means use of water for domestic, municipal, stock-water, irrigation, mining or industrial purposes but does not include use for the generation of hydroelectric power;
6. "dam" means a structure to impound water, including facilities for controlling the release of the impounded water;
7. "entity" means an entity designated by either Canada or the United States of America under Article XIV and includes its lawful successor;
8. "International Joint Commission" means the Commission established under Article VII of the Boundary Waters Treaty, 1909, or any body designated by the United States of America and Canada to succeed to the functions of the Commission under this Treaty;
9. "maintenance curtailment" means an interruption or curtailment which the entity responsible therefor considers necessary for purposes of repairs, replacements, installations of equipment, performance of other maintenance work, investigations and inspections;
10. "monthly load factor" means the ratio of the average load for a month to the integrated maximum load over one hour during that month;
11. "normal full pool elevation" means the elevation to which water is stored in a reservoir by deliberate impoundment every year, subject to the availability of sufficient flow;
12. "ratification date" means the day on which the instruments of ratification of the Treaty are exchanged;
13. "storage" means the space in a reservoir which is usable for impounding water for flood control or for regulating stream flows for hydroelectric power generation;
14. "Treaty" means this Treaty and its Annexes A and B;
15. "useful life" means the time between the date of commencement of operation of a dam or facility and the date of its permanent retirement from service by reason of obsolescence or wear and tear which occurs notwithstanding good maintenance practices.

2. The exercise of any power, or the performance of any duty, under the Treaty does not preclude a subsequent exercise of performance of the power or duty.

ARTICLE II

2. In order to provide this storage, which in the Treaty is referred to as the Canadian storage, Canada shall construct dams:

(a) on the Columbia River near Mica Creek, British Columbia, with approximately 7,000,000 acre-feet of storage;

(b) near the outlet of Arrow Lakes, British Columbia, with approximately 7,100,000 acre-feet of storage; and

(c) on one or more tributaries of the Kootenay River in British Columbia downstream from the Canada-United States of America boundary with storage equivalent in effect to approximately 1,400,000 acre-feet of storage near Duncan Lake, British Columbia.

3. Canada shall commence construction of the dams as soon as possible after the ratification date.

ARTICLE III

2. The obligation in paragraph (1) is discharged by reflecting in the determination of downstream power benefits to which Canada is entitled the assumption that the facilities referred to in paragraph (1) were maintained and operated in accordance therewith.

ARTICLE IV

2. For the purpose of flood control until the expiration of sixty years from the ratification date, Canada shall

(a) operate in accordance with Annex A and pursuant to flood control operating plans made thereunder

(i) 80,000 acre-feet of the Canadian storage described in Article II(2)(a),

(ii) 7,100,000 acre-feet of the Canadian storage described in Article II(2)(b),

(iii) 1,270,000 acre-feet of the Canadian storage described in Article II(2)(c),

provided that the Canadian entity may exchange flood control storage under subparagraph

(ii) for flood control storage additional to that under subparagraph (I), at the location described in Article II(2)(a), if the entities agree that the exchange would provide the same effectiveness for control of floods on the Columbia River at the Dalles, Oregon;

(b) operate any additional storage in the Columbia River basin in Canada, when called upon by an entity designated by the United States of America for that purpose, within the limits of existing facilities and as the entity requires to meet flood control needs for the duration of the flood period for which the call is made.

3. For the purpose of flood control after the expiration of sixty years from the ratification date, and for so long as the flows in the Columbia River in Canada continue to contribute to potential flood hazard in the United States of America, Canada shall, when called upon by an entity designated by the United States of America for that purpose, operate within the limits of existing facilities any storage in the Columbia River basin in Canada as the entity requires to meet flood control needs for the duration of the flood control period for which the call is made.

4. The return to Canada for hydroelectric operation and the compensation to Canada for flood control operation shall be as set out in Articles V and VI.

5. Any water resource development, in addition to the Canadian storage, constructed in Canada after the ratification date shall not be operated in a way that adversely affect the stream flow control in the Columbia River within Canada so as to reduce the flood control and hydroelectric power benefits which the operation of the Canadian storage in accordance with the operating plans in force from time to time would otherwise produce.

6. As soon as any Canadian storage becomes operable Canada shall commence operation thereof in accordance with this Article and in any event shall commence full operation of the Canadian storage described in Article II(2)(b) and Article II(2)(c) within five years of the ratification date and shall commence full operation of the balance of the Canadian storage within nine years of the ratification date.

ARTICLE V

Entitlement to Downstream Power Benefits

1. Canada is entitled to one half the downstream power benefits determined under Article VII.

2. The United States of America shall deliver to Canada at a point on the Canada-United States of America boundary near Oliver, British Columbia, or such other place as the entities may agree upon, the downstream power benefits to which Canada is entitled, less

(a) transmission loss,

(b) the portion of the entitlement disposed of under Article VIII(1), and

(c) the energy component described in Article VIII(4).

3. The entitlement of Canada to downstream power benefits begins for any portion of Canadian storage upon commencement of its operation in accordance with Annex A and pursuant to a hydroelectric operating plan made thereunder.

ARTICLE VI

Payment for Flood Control

1. For the flood control provided by Canada under Article IV(2)(a) the United States of America shall pay Canada in United States funds:

(a) 1,200,000 dollars upon the commencement of operation of the storage referred to in subparagraph (a)(i) thereof,

(b) 52,100,000 dollars upon the commencement of operation of the storage referred to in subparagraph (a)(ii) thereof, and

(c) 11,100,000 dollars upon the commencement of operation of the storage referred to in subparagraph (a)(iii) thereof.

2. If full operation of any storage is not commenced within the time specified in Article IV, the amount set forth in paragraph (1) of this Article with respect to that storage shall be reduced as follows:

(a) under paragraph (1)(a), 4,500 dollars for each month beyond the required time,

(b) under paragraph (1)(b), 192, 100 dollars for each month beyond the required time, and

(c) under paragraph (1)(c), 40,800 dollars for each month beyond the required time.

3. For the flood control provided by Canada under Article IV(2)(b) the United States of America shall pay Canada in United States funds in respect only of each of the first four flood periods for which a call is made 1,875,000 dollars and shall deliver to Canada in respect of each and every call made, electric power equal to the hydroelectric power lost by Canada as a result of operating the storage to meet the flood control need for which the call was made, delivery to be made when the loss of hydroelectric power occurs.

4. For each flood period for which flood control is provided by Canada under Article IV(3), the United States of America shall pay Canada in United States funds:

(a) the operating cost incurred by Canada in providing the flood control, and

(b) compensation for the economic loss to Canada arising directly from Canada foregoing alternative uses of the storage used to provide the flood control.

5. Canada may elect to receive in electric power, the whole or any portion of the compensation under paragraph 4(b) representing loss of hydroelectric power to Canada.

ARTICLE VII

Determination of Downstream Power Benefits

1. The downstream power benefits shall be the difference in the hydroelectric power capable of being generated in the United States of America with and without the use of Canadian storage, determined in advance, and is referred to in the Treaty as the downstream power benefits.

2. For the purpose of determining the downstream power benefits:

(a) the principles and procedures set out in Annex B shall be used and followed;

(b) the Canadian storage shall be considered as next added to 13,000,000 acre-feet of the usable storage listed in Column 4 of the table in Annex B;

(c) the hydroelectric facilities included in the base system shall be considered as being operated to make the most effective use for hydroelectric power generation of the improvement in stream flow resulting from operation of the Canadian storage.

3. The downstream power benefits to which Canada is entitled shall be delivered as follows:

(a) dependable hydroelectric capacity as scheduled by the Canadian entity, and

(b) average annual usable hydroelectric energy in equal amounts each month, or in accordance with a modification agreed upon under paragraph (4).

4. Modification of the obligation in paragraph (3)(b) may be agreed upon by the entities.

ARTICLE VIII

Disposal of Entitlement to Downstream Power Benefits

1. With the authorization of Canada and the United States of America evidenced by exchange of notes, portions of the downstream power benefits to which Canada is entitled may be disposed of within the United States of America. The respective general conditions and limits within which the entities may arrange initial disposals shall be set out in an exchange of notes to be made as soon as possible after the ratification date.

2. The entities may arrange and carry out exchanges of dependable hydroelectric capacity and average annual usable hydroelectric energy to which Canada is entitled for average annual usable hydroelectric energy and dependable hydroelectric capacity respectively.

3. Energy to which Canada is entitled may not be used in the United States of America except in accordance with paragraphs (1) and (2).

4. The bypassing at dams on the main stem of the Columbia River in the United States of America of an amount of water which could produce usable energy equal to the energy component of the downstream power benefits to which Canada is entitled but not delivered to Canada under Article V or disposed of in accordance with paragraphs (1) and (2) at the time the energy component was not so delivered or disposed of, is conclusive evidence that such energy component was not used in the United States of America and that the entitlement of Canada to such energy component is satisfied.

ARTICLE IX

Variation of Entitlement to Downstream Power Benefits

1. If the United States of America considers with respect to any hydroelectric power project planned on the main stem of the Columbia River between Priest Rapids Dam and McNary Dam that the increase in entitlement of Canada to downstream power benefits resulting from the operation of the project would produce a result which would not justify the United States of America in incurring the costs of construction and operation of the project, Canada and the United States of America at the request of the United States of America shall consider modification of the increase in entitlement.

2. An agreement reached for the purposes of this Article shall be evidenced by an exchange of notes.

ARTICLE X

East-West Standby Transmission

1. The United States of America shall provide in accordance with good engineering practice east-west standby transmission service adequate to safeguard the transmission from Oliver, British Columbia, to Vancouver, British Columbia, of the downstream power benefits to which Canada is entitled and to improve system stability of the east-west circuits in British Columbia.

2. In consideration of the standby transmission service, Canada shall pay the United States of America in Canadian funds the equivalent of 1.50 United States dollars a year for each kilowatt of dependable hydroelectric capacity included in the downstream power benefits to which Canada is entitled.

3. When a mutually satisfactory electric coordination arrangement is entered into between the entities and confirmed by an exchange of notes between Canada and the United States of America the obligation of Canada in paragraph (2) ceases.

ARTICLE XI

Use of Improved Stream Flow

1. Improvement in stream flow in one country brought about by operation of storage constructed under the Treaty in the other country shall not be used directly or indirectly for hydroelec-tric power purposes except:

(a) in the case of use within the United States of America with the prior approval of the United States entity, and

(b) in the case of use within Canada with the prior approval of the authority in Canada having jurisdiction.

2. The approval required by this Article shall not be given except upon such conditions, consistent with the Treaty, as the entity or authority considers appropriate.

ARTICLE XII

Kootenai River Development

1. The United States of America for a period of five years from the ratification date, has the option to commence construction of a dam on the Kootenai River near Libby, Montana, to provide storage to meet flood control and other purposes in the United States of America. The storage reservoir of the dam shall not raise the level of the Kootenai River at the Canada-United States of America boundary above an elevation consistent with a normal full pool elevation at the dam of 2,459 feet, United States Coast and Geodetic Survey datum, 1929 General Adjustment, 1947 International Supplemental Adjustment.

2. All benefits which occur in either country from the construction and operation of the stor-age accrue to the country in which the benefits occur.

3. The United States of America shall exercise its option by written notice to Canada and shall submit with the notice a schedule of construction which shall include provision for commencement of construction, whether by way of railroad relocation work or otherwise, within five years of the ratification date.

4. If the United States of America exercises its option, Canada in consideration of the benefits accruing to it under paragraph (2) shall prepare and make available for flooding the land in Canada necessary for the storage reservoir of the dam within a period consistent with the construction schedule.

5. If a variation in the operation of the storage is considered by Canada to be of advantage to it the United States of America shall, upon request, consult with Canada. If the United States of America determines that the variation would not be to its disadvantage it shall vary the operation accordingly.

6. The operation of the storage by the United States of America shall be consitent with any order of approval which may be in force from time to time relating to the levels of Kootenay Lake made by the International Joint Commission under the Boundary Waters Treaty, 1909.

7. Any obligation of Canada under this Article ceases if the United States of America, having exercised the option, does not commence construction of the dam in accordance with the construction schedule.

8. If the United States of America exercises the option it shall commence full operation of the storage within seven years of the date fixed in the construction schedule for commencement of construction.

9. If Canada considers that any portion of the land referred to in paragraph (4) is no longer needed for the purpose of this Article Canada and the United States of America, at the request of Canada, shall consider modification of the obligation of Canada in paragraph (4).

10. If the Treaty is terminated before the end of the useful life of the dam Canada shall for the remainder of the useful life of the dam continue to make available for the storage reservoir of the dam any portion of the land made available under paragraph (4) that is not required by Canada for purposes of diversion of the Kootenay River under Article XIII.

ARTICLE XIII

Diversions

1. Except as provided in this Article neither Canada nor the United States of America shall, without the consent of the other evidenced by an exchange of notes, divert for any use, other than consumptive use, any water from its natural channel in a way that alters the flow of any water as it crosses the Canada-United States of America boundary within the Columbia River Basin.

2. Canada has the right, after the expiration of twenty years from the ratification date, to divert not more than 1,500,000 acre-feet of water a year from the Kootenay River in the vicinity of Canal Flats, British Columbia, to the headwaters of the Columbia River, provided that the diversion does not reduce the flow of the Kootenay River immediately downstream from the point of diversion below the lesser of 200 cubic feet per second or the natural flow.

3. Canada has the right, exercisable at any time during the period commencing sixty years after the ratification date and expiring one hundred years after the ratification date, to divert to the head-waters of the Columbia River any water which, in its natural channel, would flow in the Kootenay River across the Canada-United States of America boundary, provided that the diversion does not reduce the flow of the Kootenay River at the Canada-United States of America boundary near Newgate, British Columbia, below the lesser of 2500 cubic feet per second or the natural flow.

4. During the last twenty years of the period within which Canada may exercise the right to divert described in paragraph (3) the limitation on diversion is the lesser of 1000 cubic feet per second or the natural flow.

5. Canada has the right:

(a) if the United States of America does not exercise the option in Article XII(1), or

(b) if it is determined that the United States of America, having exercised the option, did not commence construction of the dam referred to in Article XII in accordance therewith or that the United States of America is in breach of the obligation in that Article to commence full operation of the storage, to divert to the headwaters of the Columbia River any water which, in its natural channel, would flow in the Kootenay River across the Canada-United States of America boundary, provided that the diversion does not reduce the flow of the Kootenay River at the Canada-United States of America boundary near Newgate, British Columbia, below the lesser of 1000 cubic feet per second or the natural flow.

6. If a variation in the use of the water diverted under paragraph (2) is considered by the United States of America to be of advantage to it Canada shall, upon request, consult with the United States of America. If Canada determines that the variation would not be to its disadvantage it shall vary the use accordingly.

ARTICLE XIV

Arrangements for Implementation

1. Canada and the United States of America shall each, as soon as possible after the ratification date, designate entities and when so designated the entities are empowered and charged with the duty to formulate and carry out the operating arrangements necessary to implement the Treaty. Either Canada or the United States of America may designate one or more entities. If more than one is designated the powers and duties conferred upon the entities by the Treaty shall be allocated among them in the designation.

2. In addition to the powers and duties dealt with specifically elsewhere in the Treaty the powers and duties of the entities include:

(a) coordination of plans and exchange of information relating to facilities to be used in producing and obtaining the benefits contemplated by the Treaty,

(b) calculation of and arrangements for delivery of hydroelectric power to which Canada is entitled for providing flood control,

(c) calculation of the amounts payable to the United States of America for standby transmission services,

(d) consultation on requests for variations made pursuant to Articles XII(5) and XIII(6),

(e) the establishment and operation of a hydrometeorological system as required by Annex A,

(f) assisting and cooperating with the Permanent Engineering Board in the discharge of its functions,

(g) periodic calculation of accounts,

(h) preparation of the hydroelectric operating plans and the flood control operating plans for the Canadian storage together with determination of the downstream power benefits to which Canada is entitled,

(i) preparation of proposals to implement Article VIII and carrying out any disposal authorized or exchange provided for therein,

(j) making appropriate arrangements for delivery to Canada of the downstream power benefits to which Canada is entitled including such matters as load factors for delivery, times and points of delivery, and calculation of transmission loss,

(k) preparation and implementation of detailed operating plans that may produce results more advantageous to both countries than those that would arise from operation under the plans referred to in Annexes A and B.

3. The entities are authorized to make maintenance curtailments. Except in case of emergency, the entity responsible for a maintenance curtailment shall give notice to the corresponding Canadian or United States entity of the curtailment, including the reason therefor and the probable duration thereof and shall both schedule the curtailment with a view to minimizing its impact and exercise due diligence to resume full operations.

4. Canada and the United States of America may by an exchange of notes empower or charge the entities with any other matter coming within the scope of the Treaty.

ARTICLE XV

Permanent Engineering Board

1. A permanent Engineering Board is established consisting of four members, two to be appointed by Canada and two by the United States of America. The initial appointments shall be made within three months of the ratification date.

2. The Permanent Engineering Board shall:

(a) assemble records of the flows of the Columbia River and the Kootenay River at the Canada-United States of America boundary;

(b) report to Canada and the United States of America whenever there is substantial deviation from the hydroelectric and flood control operating plans and if appropriate include in the report recommendations for remedial action and compensatory adjustments;

(c) assist in reconciling differences concerning technical or operational matters that may arise between the entities;

(d) make periodic inspections and require reports as necessary from the entities with a view to ensuring that the objectives of the Treaty are being met;

(e) make reports to Canada and the United States of America at least once a year of the results being achieved under the Treaty and make special reports concerning any matter which it considers should be brought to their attention;

(f) investigate and report with respect to any other matter coming within the scope of the Treaty at the request of either Canada or the United States of America.

3. Reports of the Permanent Engineering Board made in the course of the performance of its functions under this Article shall be prima facie evidence of the facts therein contained and shall be accepted unless rebutted by other evidence.

4. The Permanent Engineering Board shall comply with directions, relating to its administration and procedures, agreed upon by Canada and the United States of America as evidenced by an exchange of notes.

ARTICLE XVI

Settlement of Differences

1. Differences arising under the Treaty which Canada and the United States of America cannot resolve may be referred by either to the International Joint Commission for decision.

2. If the International Joint Commission does not render a decision within three months of the referral or within such other period as may be agreed upon by Canada and the United States of America, either may then submit the difference to arbitration by written notice to the other.

3. Arbitration shall be a tribunal composed of a member appointed by Canada, a member appointed by the United States of America and a member appointed jointly by Canada and the United States of Am-erica who shall be Chairman. If within six weeks of the delivery of a notice under paragraph (2) either Canada or the United States of America has failed to appoint its member, or they are unable to agree upon the member who is to be Chairman, either Canada or the United States of America may request the President of the International Court of Justice to appoint the member or members. The decision of a majority of the members of an arbitration tribunal shall be the decision of the tribunal.

4. Canada and the United States of America shall accept as definitive and binding and shall carry out any decision of the International Joint Commission or an arbitration tribunal.

5. Provision for the administrative support of a tribunal and for remuneration and expenses of its members shall be as agreed in an exchange of notes between Canada and the United States of America.

6. Canada and the United States of America may agree by an exchange of notes on alternative procedures for settling differences arising under the Treaty, including reference of any difference to the International Court of Justice for decision.

ARTICLE XVII

Restoration of Pre-Treaty Legal Status

1. Nothing in this Treaty and no action taken or foregone pursuant to its provisions shall be deemed, after its termination or expiration, to have abrogated or modified any of the rights or obligations of Canada or the United States of America under then existing international law, with respect to the uses of the water resources of the Columbia River basin.

2. Upon termination of this Treaty, the Boundary Waters Treaty, 1909, shall, if it has not been terminated, apply to the Columbia River basin, except insofar as the provisions of that Treaty may be inconsistent with any provision of this Treaty which continues in effect.

3. Upon termination of this Treaty, if the Boundary Waters Treaty, 1909, has been terminated in accordance with Article XIV of that Treaty, the provisions of Article II of that Treaty shall continue to apply to the waters of the Columbia River basin.

4. If upon the termination of this Treaty Article II of the Boundary Waters Treaty, 1909, continues in force by virtue of paragraph (2) of this Article the effect of Article II of that Treaty with respect to the Columbia River basin may be terminated by either Canada or the United States of America delivering to the other one year's written notice to that effect; provided however that the notice may be given only after the termination of this Treaty.

5. If, prior to the termination of this Treaty, Canada undertakes works usable for and relating to a diversion of water from the Columbia River basin, other than works authorized by or undertaken for the purpose of exercising a right under Article XIII or any other provision of this Treaty, paragraph (3) of this Article shall cease to apply one year after delivery by either Canada or the United States of America to the other of written notice to that effect.

ARTICLE XVIII

Liability for Damage

1. Canada and the United States of America shall be liable to the other and shall make appropriate compensation to the other in respect of any act, failure to act, omission or delay amounting to a breach of the Treaty or any of its provisions other that an act, failure to act, omission or delay occurring by reason of war, strike, major calamity, act of God, uncontrollable force or maintenance curtailment.

2. Except as provided in paragraph (1) neither Canada nor the United States of America shall be liable to the other or to any person in respect of any injury, damage or loss occurring in the territory of the other caused by any act, failure to act, omission or delay under the Treaty whether the injury, damage or loss results from negligence or otherwise.

3. Canada and the United States of America, each to the extent possible within its territory, shall exercise due diligence to remove the cause of and to mitigate the effect of any injury, damage or loss occurring in the territory of the other as a result of any act, failure to act, omission or delay under the Treaty.

4. Failure to commence operation as required by Articles IV and XII is not a breach of the Treaty and does not result in the loss of rights under the Treaty if the failure results from a delay that is not wilful or reasonably avoidable.

5. The compensation payable under paragraph (1):

(a) in respect of a breach by Canada of the obligation to commence full operation of a storage, shall be forfeiture of entitlement to downstream power benefits resulting from the operation of that storage, after operation commences, for a period equal to the period between the day of commencement of operation and the day when commencement should have occurred;

(b) in respect of any other breach by either Canada or the United States of America, causing loss of power benefits, shall not exceed the actual loss in revenue from the sale of hydroelectric power.

ARTICLE XIX

Period of Treaty

1. The Treaty shall come into force on the ratification date.

2. Either Canada or the United States of America may terminate the Treaty other than Article XIII (Except paragraph (1) thereof), Article XVII and this Article at any time after the Treaty has been in force for sixty years if it has delivered at least ten years written notice to the other of its intention to terminate the Treaty.

3. If the Treaty is terminated before the end of the useful life of a dam built under Article XII then, notwithstanding termination, Article XII remains in force until the end of the useful life of the dam.

4. If the Treaty is terminated before the end of the useful life of the facilities providing the storage described in Article IV(3) and if the conditions described therein exist then, notwithstanding termination, Articles IV(3) and VI(4) and (5) remain in force until either the end of the useful life of those facilities or until those conditions cease to exist, whichever is the first to occur.

ARTICLE XX

Ratification

The instruments of ratification of the Treaty shall be exchanged by Canada and the United States of America at Ottawa, Canada.

ARTICLE XXI

Registration with the United Nations

In conformity with Article 102 of the Charter of the United Nations, the Treaty shall be registered by Canada with the Secretariat of the United Nations.

This Treaty has been done in duplicate copies in the English language.

IN WITNESS WHEREOF the undersigned, duly authorized by their respective Governments, have signed this Treaty at Washington, District of Columbia, United States of America, this seventeenth day of January, 1961.

For Canada

John G. Diefenbaker

Prime Minister of Canada

E.D. Fulton

Minister of Justice

A.D.P. Heeney

Ambassador Extraordinary and Plenipotentiary of Canada to the United States of America

For the United States of America

Dwight D. Eisenhower

President of the United States of America

Christian A. Herter

Secretary of State

Elmer F. Bennett

Under Secretary of the Interior

ANNEX A

Principles of Operation

General:

1. The Canadian storage provided under Article II will be operated in accordance with the procedures described herein.

2. A hydrometeorological system, including snow courses, precipitation stations and stream flow gauges will be established and operated, as mutually agreed by the entities and in consultation with the Permanent Engineering Board, for use in establishing data for detailed programming of flood control and power operations. Hydrometeorological information will be made available to the entities in both countries for immediate and continuing use in flood control and power operations.

3. Sufficient discharge capacity at each dam to afford the desired regulation for power and flood control will be provided through outlet works and turbine installations as mutually agreed by the entities. The discharge capacity provided for flood control operations will be large enough to pass inflow plus sufficient storage releases during the evacuation period to provide the storage space required. The discharge capacity will be evaluated on the basis of full use of any conduits provide for that purpose plus one half the hydraulic capacity of the turbine installation at the time of commencement of the operation of storage under the Treaty.

4. The outflows will be in accordance with storage reservation diagrams and associated criteria established for flood control purposes and with reservoir-balance relationships established for power operations. Unless otherwise agreed by the entities the average weekly outflows shall not be less than 3000 cubic feet per second at the dam described in Article II(2)(a), not less than 5000 cubic feet per second at the dam described in Article II(2)(b), and not less than 1000 cubic feet per second at the dam described in Article II(2)(c). These minimum average weekly releases may be scheduled by the Canadian entity as required for power or other purposes.

Flood Control:

5. For flood control operation, the United States entity will submit flood control operating plans which may consist of or include flood control storage reservation diagrams and associated criteria for each of the dams. The Canadian entity will operate in accordance with these diagrams or any variation which the entities agree will not derogate from the desired aim of the flood control plan. The use of these diagrams will be based on data obtained in accordance with paragraph 2. The diagrams will consist of relationships specifying the flood control storage reservations required at indicated times of the year for volumes of forecast runoff. After consultation with the Canadian entity the United States entity may from time to time as conditions warrant adjust these storage reservation diagrams within the general limitations of flood control operation. Evacuation of the storages listed hereunder will be guided by the flood control storage reservation diagrams and refill will be as requested by the United States entity after consultation with the Canadian entity. The general limitations of flood control operation are as follows:

(a) The Dam described in Article II(2)(a) - The reservoir will be evacuated to provide up to 80,000 acre-feet of storage, if required, for flood control use by May 1 of each year.

(b) The Dam described in Article II(2)(b) - The reservoir will be evacuated to provide up to 7,100,000 acre-feet of storage, if required, for flood control use by May 1 of each year.

(c) The Dam described in Article II(2)(c) - The reservoir will be evacuated to provide up to 700,000 acre-feet of storage, if required, for flood control use by April 1 of each year and up to 1,270,000 acre-feet of storage, if required, for flood control use by May 1 of each year.

(d) The Canadian entity may exchange flood control storage provided in the reservoir referred to in subparagraph (b) for additional storage provided in the reservoir referred to in sub-paragraph (a) if the entities agree that the exchange would provide the same effectiveness for control of floods on the Columbia River at The Dalles, Oregon.

Power:

6. For power generating purposes the 15,500,000 acre-feet of Canadian storage will be operated in accordance with operating plans designed to achieve optimum power generation downstream in the United States of America until such time as power generating facilities are installed at the site referred to in paragraph 5(a) or at sites in Canada downstream therefrom.

7. After at-site power is developed at the site referred to in paragraph 5(a) or power generating facilities are placed in operation in Canada downstream from that site, the storage operation will be changed so as to be operated in accordance with operating plans designed to achieve optimum power generation at-site in Canada and downstream in Canada and the United States of America, including consideration of any agreed electrical coordination between the two countries. Any reduction in the downstream power benefits in the United States of America resulting from that change in operation of the Canadian storage shall not exceed in any one year the reduction in downstream power benefits in the United States of America which would result from reducing by 500,000 acre-feet the Canadian storage operated to achieve optimum power generation in the United States of America and shall not exceed at any time during the period of the Treaty the reduction in downstream power benefits in the United States of America which would result from similarly reducing the Canadian storage by 3,000,000 acre-feet.

8. After at-site power is developed at the site referred to in paragraph 5(a) or power generating facilities are placed in operation in Canada downstream from that site, storage may be operated to achieve optimum generation of power in the United States of America alone if mutually agreed by the entities in which event the United States of America shall supply power to Canada to offset any reduction in Canadian generation which would be created as a result of such operation as compared to operation to achieve optimum power generation at-site in Canada and downstream in Canada and the United States of America. Similarly, the storage may be operated to achieve optimum generation of power in Canada alone if mutually agreed by the entities in which event Canada shall supply power to the United States of America to offset any reduction in United States generation which would be created as a result of such operation as compared to operation to achieve optimum power generation at-site in Canada and downstream in Canada and the United States of America.

9. Before the first storage becomes operative, the entities will agree on operating plans and the

resulting downstream power benefits for each year until the total of 15,500,000 acre-feet of storage in

Canada becomes operative. In addition, commencing five years before the total of 15,500,000 acre-feet

of storage is expected to become operative, the entities will agree annually on operating plans and the

result-ing downstream power benefits for the sixth succeeding year of operation thereafter. This

procedure will continue during the life of the Treaty, providing to both the entities, in advance, an

assured plan of opera-tion of the Canadian storage and a determination of the resulting downstream

power benefits for the next succeeding five years.

ANNEX B

Determination of Downstream Power Benefits

1. The downstream power benefits in the United States of America attributable to operation

in accordance with Annex A of the storage provided by Canada under Article II will be determined

in

advance and will be the estimated increase in dependable hydroelectric capacity in kilowatts for agreed

critical stream flow periods and the increase in average annual usable hydroelectric energy output in

kilowatt hours on the basis of an agreed period of stream flow record.

2. The dependable hydroelectric capacity to be credited to Canadian storage will be the difference

between the average rates of generation in kilowatts during the appropriate critical stream flow periods

for the United States of America base system, consisting of the projects listed in the table, with and

without the addition of the Canadian storage, divided by the estimated average critical period load

factor. The capacity credit shall not exceed the difference between the capability of the base system

without Canadian storage and the maximum feasible capability of the base system with Canadian

storage, to supply firm load during the critical stream flow periods.

3. The increase in the average annual usable hydroelectric energy will be determined by first

computing the difference between the available hydroelectric energy at the United States base system

with and without Canadian storage. The entities will then agree upon the part of available energy which

is usable with and without Canadian storage, and the difference thus agreed will be the increase in

average annual usable hydroelectric energy. Determination of the part of the energy which is usable will

include consideration of existing and scheduled transmission facilities and the existence of markets

capable of using the energy on a contractual basis similar to the then existing contracts. The part of the

available energy which is considered usable shall be the sum of:

(a) the firm energy,

(b) the energy which can be used for thermal power displacement in the Pacific Northwest

Area as defined in Paragraph 7, and

(c) the amount of the remaining portion of the available energy which is agreed by the

entities to be usable and which shall not exceed in any event 40% of that remainder.

4. An initial determination of the estimated downstream power benefits in the United States of

America from Canadian storage added to the United States base system will be made before any of the

Canadian storage becomes operative. This determination will include estimates of the downstream

power benefits for each year until the total of 15,500,000 acre-feet of Canadian storage becomes

operative.

5. Commencing five years before the total of 15,500,000 acre-feet of storage is expected to

become operative, estimates of downstream power benefits will be calculated annually for the sixth

succeeding year on the basis of the assured plan of operation for that year.

6. The critical stream flow period and the details of the assured plan of operation will be agreed

upon by the entities at each determination. Unless otherwise agreed upon by the entities, the determina-

tion of the downstream power benefits shall be based upon stream flows for the twenty year period

beginning with July 1928 as contained in the report entitled Modified Flows at Selected Power Sites -

Columbia River Basin, dated June 1957. No retroactive adjustment in downstream power benefits will

be made at any time during the period of the Treaty. No reduction in the downstream power benefits

credited to Canadian storage will be made as a result of the load estimate in the United States of

America, for the year for which the determination is made, being less than the load estimate for the

preceding year.

7. In computing the increase in dependable hydroelectric capacity and the increase in average

annual hydroelectric energy, the procedure shall be in accordance with the three steps described

below and shall encompass the loads of the Pacific Northwest Area. The Pacific Northwest Area

for purposes of these determinations shall be Oregon, Washington, Idaho, and Montana west of the

Continental Divide but shall exclude areas served on the ratification date by the California Oregon

Power Company and the Utah Power and Light Company.

Step I - The system for the period covered by the estimate will consist of the Canadian storage, the

United States base system, any thermal installation operated in coordination with the base system, and ad-

ditional hydroelectric projects which will provide storage releases usable by the base system or which

will use storage releases that are usable by the base system. The installations included in this system will

be those required, with allowance for adequate reserves, to meet the forecast power load to be served by

this system in the United States of America, including the estimated flow of power at points of inter-

connection with adjacent areas, subject to paragraph 3, plus the portion of the entitlement of Canada that

is expected to be used in Canada. The capability of this system to supply this load will be determined on

the basis that the system will be operated in accordance with the established operating procedures of each

of the projects involved.

Step II - A determination of the energy capability will be made using the same thermal installation

as in Step I, the United States base system with the same installed capacity as in Step I and Canadian

storage.

Step III - A similar determination of the energy capability will be made using the same thermal

installation as in Step I and the United States base system with the same installed capacity as in Step I.

8. The downstream power benefits to be credited to Canadian storage will be the differences

between the determinations in Step II and Step III in dependable hydroelectric capacity and in average

annual usable hydroelectric energy, made in accordance with paragraphs 2 and 3.

___________________________

ANNEX B - TABLE - BASE SYSTEM

Stream Estimated

Mile Usable Normal Elev. Gross Initial Install. Ultimate Install.

Above Storage Pool Tailwater Head # of Plant # of Plant

Project Stream Mouth Acre-Feet Feet Feet Feet Units Kilowatts Units Kilowatts

(Nameplate) (Nameplate)

Hungry Horse SFk Flathead 5 3,161,000(4) 3560 3083 477 4 285,000 4 285,000

Kerr Flathead 73 1,219,000 2893 2706 187 3 168,000 3 168,000

Thompson Falls Clark Fork 279 Pondage 2396 2336 60 6 30,000 8 65,000

Noxon Rapids Clark Fork 170 Pondage 2331 2179 152 4 336,000 5 420,000

Cabinet Gorge Clark Fork 150 Pondage 2175 2078 97 4 200,000 6 300,000

Albeni Falls Pend Oreille 90 1,155,000 2062 2034 28 3 42,600 3 42,600

Box Canyon Pend Oreille 34 Pondage 2031 1989 42 4 60,000 4 60,000

Grand Coulee Columbia 597 5,232,000(4) 1290(3,4) 947 343 18 1,944,000 34 3,672,000

Chief Joseph Columbia 546 Pondage 946 775 171 16 1,024,000 27 1,728,000

Wells (1) Columbia 516 Pondage 775 707 68 6 400,000 10 666,700

Rocky Reach Columbia 474 Pondage 707 614 93 7 711,550 11 1,118,150

Rock Island Columbia 453 Pondage 608 570 38 10 212,100 10 212,100

Wanapum Columbia 415 Pondage 570 486 84 10 831,250 16 1,330,000

Priest Rapids Columbia 397 Pondage 486 406 80 10 788,500 16 1,261,600

Brownlee Snake 285 974,000 2077 1805 272 4 360,400 6 540,600

Oxbow Snake 273 Pondage 1805 1683 122 4 190,000 5 237,500

Ice Harbor Snake 10 Pondage 440 343 97 3 270,000 6 540,000

McNary Columbia 292 Pondage 340 265 75 14 980,000 20 1,400,000

John Day Columbia 216 Pondage 265 161 104 8 1,080,000 20 2,700,000

The Dalles Columbia 192 Pondage 160 74 86 16(2) 1,119,000 24(2) 1,743,000

Bonneville Columbia 145 Pondage 74 15 59 10 518,400 16 890,400

Kootenay Lk Kootenay 16 673,000 1745 -- -- -- -- -- --

Chelan Chelan 0 676,000 1100 707 393 2 48,000 4 96,600

Couer d'Alene L. Couer d'Alene102 223,000 2128 -- -- -- -- -- --___

TOTAL 24 PROJECTS 13,313,000(4) 3128 11,598,800 258 19,476,600

(1) The Wells project is not presently under construction; when this project or any other project on the

main stem of the Columbia River is completed, they will be integral components of the base system.

(2) Includes two 13,500 kilowatt units for fish attraction water.

(3) With flashboards.

(4) In determining the base system capabilities with and without Canadian storage the Hungry Horse

reservoir storage will be limited to 3,008,000 acre-feet (normal full pool elevation of 3560 feet) and the

Grand Coulee project will not include the effect of adding flashboards, limiting the storage to 5,072

acre-feet (normal full pool elevation of 1288 feet). The total usable storage of the base system as so

adjusted will be 13,000,000 acre-feet.

Protocol

ANNEX TO EXCHANGE OF NOTES

Dated January 22, 1964 Between the Governments of Canada

And The United States Regarding the Columbia River Treaty

I. If the United States entity should call upon Canada to operate storage in the Columbia River

Basin to meet flood control needs of the United States of America pursuant to Article IV(2)(b) or Article

IV(3) of the Treaty, such call shall be made only to the extent necessary to meet forecast flood control

needs in the territory of the United States of America that cannot adequately be met by flood control

facilities in the United States of America in accordance with the following conditions:

(1) Unless otherwise agreed by the Permanent Engineering Board, the need to use Canadian

flood control facilities under Article IV(2)(b) of the Treaty shall be considered to have arisen only in

the case of potential floods which could result in a peak discharge in excess of 600,000 cubic feet

per second at The Dalles, Oregon, assuming the use of all related storage in the United States of

America existing and under construction in January 1961, storage provided by any dam

constructed pursuant to Article XII of the Treaty and the Canadian storage described in Article

IV(2)(a) of the Treaty.

(2) The United States entity will call upon Canada to operate storage under Article IV(3) of the

Treaty only to control potential floods in the United States of America that could not be adequately

controlled by all the related storage facilities in the United States of America existing at the

expiration of 60 years from the ratification date but in no event shall Canada be required to provide

any greater degree of flood control under Article IV(3) of the Treaty than that provided for under

Article IV(2) of the Treaty.

(3) A call shall be made only if the Canadian entity has been consulted whether the need for

flood control is, or is likely to be, such that it cannot be met by the use of flood control facilities in

the United States of America in accordance with subparagraphs (1) or (2) of this paragraph.

Within ten days of receipt of a call, the Canadian entity will communicate its acceptance, or its

rejection or proposals for modification of the call, together with supporting considerations. When

the commun- ication indicates rejection or modification of the call the United States entity will

review the situation in the light of the communication and subsequent developments and will then

withdraw or modify the call if practicable. In the absence of agreement on the call or its terms the

United States entity will submit the matter to the Permanent Engineering Board provided for under

Article XV of the Treaty for assistance as contemplated in Article XV(2)(c) of the Treaty. The

entities will be guided by any instructions issued by the Permanent Engineering Board. If the

Permanent Engineering Board does not issue instructions within ten days of receipt of a submission the

United States entity may renew the call for any part or all of the storage covered in the original call

and the Canadian entity shall forthwith honor the request.

II. In preparing the flood control operating plans in accordance with paragraph 5 of Annex A

of the Treaty, and in making calls to operate for flood control pursuant to Articles IV(2)(b) and

IV(3) of the Treaty, every effort will be made to minimize flood damage in both Canada and the

United States of America.

III. The exchange of Notes provided for in Article VIII(1) of the Treaty shall take place con-

temporaneously with the exchange of the Instruments of Ratification of the Treaty provided for in

Article XX of the Treaty.

IV. (1) During the period and to the extent that the sale of Canada's entitlement to downstream

power benefits within the United States of America as a result of an exchange of Notes

pursuant to Article VIII(1) of the Treaty relieves the United States of America of its

obligation to provide east-west standby transmission service as called for by Article X(1) of the

Treaty, Canada is not required to make payment for the east-west standby transmission service

with regard to Can- ada's entitlement to downstream power benefits sold in the United States of

America.

(2) The United States of America is not entitled to any payments of the character set out

in subparagraph (1) of this paragraph in respect of that portion of Canada's entitlement to down-

stream power benefits delivered by the United States of America to Canada at any point on

the Canada-United States of America boundary other than at a point near Oliver, British

Columbia, and the United States of America is not required to provide the east-west standby

transmission service referred to in subparagraph (1) of this paragraph in respect of the portion of

Canada's entitlement to downstream power benefits which is so delivered.

V. Inasmuch as control of historic streamflows of the Kootenay River by the dam provided

for in Article XII(1) of the Treaty would result in more than 200,000 kilowatt years per annum of

energy benefit downstream in Canada, as well as important flood control protection to Canada, and

the oper-ation of that dam is therefore of concern to Canada, the entities shall, pursuant to Article

XIV(2)(a) of the Treaty, cooperate on a continuing basis to coordinate the operation of that dam

with the operation of hydroelectric plants on the Kootenay River and elsewhere in Canada in

accordance with the provisions of Article XII(5) and Article XII(6) of the Treaty.

VI. (1) Canada and the United States of America are in agreement that Article XIII(1) of the

Treaty provides to each of them a right to divert water for a consumptive use.

(2) Any diversion of water from the Kootenay River when once instituted under the

provi- sions of Article XIII of the Treaty is not subject to any limitation as to time.

VII. As contemplated by Article IV(1) of the Treaty, Canada shall operate the Canadian stor-age

in accordance with Annex A and hydroelectric operating plans made thereunder. Also, as con-templated

by Annexes A and B of the Treaty and Article XIV(2)(k) of the Treaty, these operating plans before they

are agreed to by the entities will be conditioned as follows:

(1) As the downstream power benefits credited to Canadian storage decrease with time,

the storage required to be operated by Canada pursuant to paragraphs 6 and 9 of Annex A of

the Treaty, will be that required to produce those benefits.

(2) The hydroelectric operating plans, which will be based on Step I of the studies referred to

in paragraph 7 of Annex B of the Treaty, will provide a reservoir-balance relationship for each

month of the whole of the Canadian storage committed rather than a separate relationship for each

of the three Canadian storages. Subject to compliance with any detailed operating plan agreed to by

the entities as permitted by Article XIV(2)(k) of the Treaty, the manner of operation which will achieve

the specific storage or release of storage called for in a hydroelectric operating plan consistent with

optimum storage use will be at the discretion of the Canadian entity.

(3) Optimum power generation at-site in Canada and downstream in Canada and the United

States of America referred to in paragraph 7 of Annex A of the Treaty will include power

generation at-site and downstream in Canada of the Canadian storages referred to in Article II(2) of

the Treaty, power generation in Canada which is coordinated therewith, downstream power benefits

from the Canadian storage which are produced in the United States of America and measured

under the terms of Annex B of the Treaty, power generation in the Pacific Northwest Area of the United

States of America and power generation coordinated therewith.

VIII. The determination of downstream power benefits pursuant to Annex B of the Treaty, in

respect of each year until the expiration of thirty years from the commencement of full operation in

accordance with Article IV of the Treaty of that portion of the Canadian storage described in Article II

of the Treaty which is last placed in full operation, and thereafter until otherwise agreed upon by the

entities, shall be based upon stream flows for the thirty-year period beginning July 1928 as contained in

the report "Extension of Modified Flows Through 1958 - Columbia River Basin" and dated June 29,

1961, by the Water Management Subcommittee of the Columbia Basin Inter-Agency Committee.

IX. (1) Each load used in making the determinations required by Steps II and III of paragraph

7 of Annex B of the Treaty shall have the same shape as the load of the Pacific Northwest

area as that area is defined in that paragraph.

(2) The capacity credit of Canadian storage shall not exceed the difference between the

firm load carrying capabilities of the projects and installations included in Step II of paragraph 7 of Annex

B of the Treaty and the projects and installations included in Step III of paragraph 7 of Annex B of

the Treaty.

X. In making all determinations required by Annex B of the Treaty the loads used shall

include the power required for pumping water for consumptive use into the Banks Equalizing

Reservoir of the Columbia Basin Federal Reclamation Project but mention of this particular load is

not intended in any way to exclude from those loads any use of power that would normally be part

of such loads.

XI. In the event operation of any of the Canadian storages is commenced at a time which would

result in the United States of America receiving flood protection for periods longer than those on which

the amounts of flood control payments to Canada set forth in Article VI(1) of the Treaty are based, the

United States of America and Canada shall consult as to the adjustments, if any, in the flood control

payments that may be equitable in the light of all relevant factors. Any adjustment would be calculated

over the longer period or periods on the same basis and in the same manner as the calculation of the

amounts set forth in Article VI(1) of the Treaty. The consultations shall begin promptly upon the

determination of definite dates for the commencement of operation of the Canadian storages.

XII. Canada and the United States of America are in agreement that the Treaty does not estab-

lish any general principle or precedent applicable to waters other than those of the Columbia River

Basin and does not detract from the application of the Boundary Waters Treaty, 1909, to other waters.

Washington, 22 January 1964

The Honorable Paul Martin, P.C., Q.C.

Secretary of State for External Affairs, Ottawa

Sir,

I have the honor to refer to your Note dated 22 January 1964, together with the Annex thereto

regard-ing the Treaty between Canada and the United States of America relating to cooperative

development of the water resources of the Columbia River Basin signed at Washington on 17 January

1961.

I wish to advise you that the Government of the United States of America agrees that your Note

with the Annex thereto, together with this reply, shall constitute an agreement between our two

Governments relating to the carrying out of the provisions of the Treaty with effect from the date of the

exchange of instruments of ratification of the Treaty.

Accept, Sir, the renewed assurances of my highest consideration.

Secretary of State

January 22, 1964

The Honorable Paul Martin, P.C., Q.C.

Secretary of State for External Affairs, Ottawa

Sir,

I have the honor to refer to the discussions which have been held between representatives of

the Government of Canada and the Government of the United States of America regarding a sale of

Can-ada's entitlement to downstream power benefits under the Treaty between Canada and the

United States of America relating to cooperative development of the water resources of the

Columbia River Basin, signed on January 17, 1961.

On the basis of these discussions my Government understands that the two Governments

recog-nize that it would be in the public interest of both countries if Canada's entitlement to

downstream power benefits could be disposed of, as contemplated by Article VIII of the Treaty, in

accordance with general conditions and limits similar to those set out in detail in the attachment

hereto, and further, that before such a disposition can be concluded and confirmed by the two

Governments, additional steps must be taken in each country. Therefore, in furtherance of this aim,

it is understood that the two Governments are agreed that:

(a) the Government of the United States will use its best efforts to arrange for disposition of

Canada's entitlement to downstream power benefits within the United States of America in

accordance with the general conditions and limits set forth in the attachment, and

(b) the Government of Canada will use its best efforts to accomplish all those things which are

considered necessary and preliminary to ratification of the Treaty as quickly as possible,

including any arrangements for implementation and acceptance of the general

conditions and limits set forth in the attachment.

I should like to propose that if agreeable to your Government this Note together with the

attachment and your reply shall constitute an agreement by our Governments relating to the Treaty.

Accept, Sir, the renewed assurances of my highest consideration.

Secretary of State

ATTACHMENT RELATING TO TERMS OF SALE

A. The disposition shall consist of the downstream power benefits to which Canada is entitled under

the Treaty, other than Canada's entitlement to downstream power benefits resulting from the construction

or operation of a project described in Article IX of the Treaty, and shall be by way of a contract of sale

authorized in accordance with Article VIII of the Treaty between the British Columbia Hydro and Power

Authority and a single Purchaser containing provisions mutually satisfactory to the parties to the contract

but shall be subject to and be operative in accordance with the following general conditions and limits:

1. (a) The storages described in Article II of the Treaty shall be fully operative for power

purposes in accordance with the following schedule:

Storage described in Article II(2)(c) - approximately 1,400,000 acre feet on April 1,

1968;

Storage described in Article II(2)(b) - approximately 7,100,000 acre feet on April 1, 1969;

Storage described in Article II(2)(c) - approximately 7,000,000 acre feet on April 1,

1973.

(b) The period of sale of the entitlement allocated to each of the storages shall terminate

and expire thirty years from the date on which that storage is required to be fully

operative for power purposes in accordance with the schedule in subparagraph (a) of this

paragraph.

(c) In the event any storage is not fully operative in accordance with the schedule in subpara-

graph (a) of this paragraph or if, during the period of sale, the storage is not operated as

required by the hydroelectric operating plans agreed upon in accordance with the Treaty, as

modified by any detailed operating plan agreed to in accordance with Article XIV(2)(k) of

the Treaty, and the Canadian entitlement is thereby reduced, the British Columbia Hydro and

Power Authority shall pay the Purchaser an amount equal to the cost it would have to incur to

replace that part of the reduction in the Canadian entitlement which the vendees of the Purcha-

ser could have used other than costs that could have been avoided had every reasonable effort

to mitigate losses been made by the Purchaser, the United States entity and the owners of non-

federal dams on the Columbia River in the United States of America. Alternatively, the British

Columbia Hydro and Power Authority may, at its option, supply power to the Purchaser in an

amount which assures that the Purchaser receives the capacity and energy which would have

constituted that part of the reduction in the Canadian entitlement that the vendees of the Pur-

chaser could have used if there had been no default, together with appropriate adjustments to

reflect transmission costs in the United States of America, delivery to be made when the loss of

power would otherwise have occurred.

If the assurance described in paragraph B.5. of this Attachment is given to the Purchaser, the

United States entity may succeed to all the rights of the Purchaser and its vendees to receive the

entire Canadian entitlement, or that part that could be used by the vendees, and to be

compensated by British Columbia Hydro and Power Authority in the event of non-receipt

thereof. The United States entity agrees that before it purchases more costly power from any

third party for the purpose of supplying the necessary amount of the Canadian entitlement to the

Purchaser, it will first cause to be delivered to the Purchaser, or for its account, any available

surplus capacity or energy from the United States Federal Columbia River System and compen-

sation to the United States entity because of such deliveries shall be computed by applying the

then applicable rate schedules of the Bonneville Power Administration to the deliveries.

In the event of disagreement, determination of compensation in money or power due under this

paragraph shall be resolved by arbitration and shall be confined to the actual loss incurred in

accordance with the principles in this paragraph.

(d) For the purpose of allocating downstream power benefits among the Treaty storages

from April 1, 1998 to April 1, 2003, the percentage of downstream power benefits

allocated to each Treaty storage shall be the percentage of the total Treaty storages

provided by that storage.

2. For the period of the sale the British Columbia Hydro and Power Authority shall operate

and maintain the Treaty storages in accordance with the provisions of the Treaty.

3. (a) The purchase price of the entitlement shall be $254,000,000, in United States funds

as of October 1, 1964, subject to adjustment, in the event of an earlier payment of all or part

thereof, to the then present worth, at a discount rate of 4-1/2 percent per annum.

(b) The purchase price shall be paid to Canada contemporaneously with the exchange of

ratifications of the Treaty and shall be applied toward the cost of constructing the Treaty

projects through a transfer of the purchase price by Canada to the Government of British

Columbia, pursuant to agreements, deemed satisfactory to Canada, to be entered into

between Canada and the Government of British Columbia.

4. If during the period of the sale, there is any reduction in Canada's entitlement to down-

stream power benefits which results from action taken by the Canadian entity pursuant to

paragraph 7 of Annex A of the Treaty, the British Columbia Hydro and Power Authority shall,

by supplying power to the Purchaser, or otherwise as may be agreed, offset that reduction in a

manner so that the Purchaser will be compensated therefor.

5. The Purchaser shall have and may exercise the rights of the British Columbia Hydro and

Power Authority relating to the negotiation and conclusion with the United States entity, of

proposals relating to the exchanges authorized by Article VIII(2) of the Treaty with respect to

any portion of Canada's entitlement to downstream power benefits sold to the Purchaser.

B. The Notes to be exchanged pursuant to Article VIII(1) of the Treaty shall contain, inter alia,

provisions incorporating the following requirements:

1. As soon as practicable after start of construction of each Treaty project the Canadian and

United States entities shall agree upon a program for filling the storage provided by the project. The

filling program shall have the objective of having the storages described in Article II(2)(c) and

Article II(2)(b) of the Treaty full by September 1 following the date when the storages become fully

operative and the storage provided by the dam mentioned in Article II(2)(a) of the Treaty full to 15

million acre-feet by September 1, 1975. This objective shall be reflected in the hydroelectric operating

plans and shall take into account generating requirements at-site and downstream in Canada and the

United States of America to meet loads.

2. In the event the United States of America becomes entitled to compensation in respect of a

breach of the obligation under Article IV(6) of the Treaty to commence a full operation of a storage,

compensation payable to the United States of America under Article XVIII(5)(a) of the Treaty shall

be made in an amount equal to 2.70 mills per kilowatt-hour, and 46 cents per kilowatt of dependable

capacity for each month or fraction thereof, in United States funds, for and in lieu of the power which

would have been forfeited under Article XVIII(5)(a) of the Treaty if Canada's entitlement to down-

stream power benefits had not been sold in the United States of America. Alternatively, Canada may,

at its option, supply capacity and energy to the United States entity in an amount equal to that which

would have been forfeited, together with appropriate adjustments to reflect transmission costs in the

United States of America, delivery to be made when the loss would otherwise have occurred.

3. A diminution of Canada's entitlement to downstream power benefits sold in the United

States of America which is directly attributable to a failure to comply with paragraph A.1(a) or

paragraph A.2 of this Attachment, in the absence of reimbursement therefor by the British

Columbia Hydro and Power Authority, constitutes a breach of the Treaty by Canada and

Article XVIII(5) of the Treaty and the exculpatory provisions in Article XVIII of the Treaty do

not apply to such breach. Compensation or replacement of power as specified in paragraph A.1(c)

of this Attachment shall be made by Canada and shall be accepted by the United States of

America as complete satisfaction of Canada's liability under this paragraph.

4. For any year in which Canada's entitlement to downstream power benefits is sold in the

United States of America, the United States entity may decide the amount of the downstream

power benefits for purposes connected with the disposition thereof in the United States of

America. This authorization, however, shall not affect the rights or relieve the obligations of

the Canadian and United States entities relating to joint activities under the provisions of Article

XIV and Annexes A and B of the Treaty; nor shall it apply to determination of compensation

provided for in paragraph A.1(c) and paragraph B.2 of this Attachment.

5. If necessary to accomplish the sale of Canada's entitlement to downstream power

benefits in accordance with this Attachment, the United States entity shall assure unconditionally

the delivery to or for the account of the Purchaser, by appropriate exchange contracts, of an

amount of power agreed between the United States entity and the Purchaser to be the equivalent

of the entitlement during the period of the sale.

C. Canada shall designate the British Columbia Hydro and Power Authority as the Canadian

entity for the purposes of Article XIV(1) of the Treaty.

Ottawa, 22 January 1964

The Honorable Dean Rusk, Secretary of State of

The United States of America, Washington

Sir,

I have the honour to refer to your Note dated 22 January 1964, together with the attachment

thereto regarding the Treaty between Canada and the United States of America relating to coopera-

tive development of the water resources of the Columbia River Basin signed at Washington on

17 January 1961.

I wish to advise you that the Government of Canada agrees that your Note with the attachment

thereto, together with this reply, shall constitute and agreement between our two Governments

relating to the Treaty.

Accept, Sir, the renewed assurances of my highest consideration.

Secretary of State for

External Affairs

DEPARTMENT OF EXTERNAL AFFAIRS

CANADA

Ottawa, September 16, 1964

No. 140

His Excellency, W. Walton Butterworth

Ambassador of the United States of America, Ottawa

Excellency,

I have the honour to refer to the Treaty between Canada and the United States of America

relat-ing to the cooperative development of the water resources of the Columbia River Basin signed

at Washington on 17 January 1961, to the Protocol attached to my Note to the Honourable Dean

Rusk, Secretary of State of the United States of America, dated 22 January 1964, and to the

instruments of ratification of the Treaty which occurred today.

I also have the honour to refer to the discussions which have been held between representatives

of the Government of Canada and the Government of the United States of America in connection

with the exchange of Notes, dated 22 January 1964, regarding sale in the United States of America

of Canada's entitlement under the Treaty to downstream power benefits.

My Government also understands that your Government has designated the Administrator of

the Bonneville Power Administration, Department of the Interior, and the Division Engineer, North

Pacific Division, Corps of Engineers, Department of the Army, as the United States Entity for the

purposes of Article XIV(1) of the Treaty, and I would inform you that the Government of Canada

has designated the British Columbia Hydro and Power Authority, a corporation incorporated in the

Province of British Columbia by the British Columbia Hydro and Power Authority Act, 1964, as the

Canadian Entity for the purposes of that Article. A copy of the designation is attached hereto.

On the basis of those discussions the Government of Canada proposes that the Canadian

Entitle-ment Purchase Agreement regarding the sale in the United States of America of the

Canadian Entitle-ment under the Treaty to downstream power benefits entered into between the

British Columbia Hydro and Power Authority and the Columbia Storage Power Exchange, the

single purchaser referred to in the attachment to your Note of January 22, 1964, relating to the terms

of the sale, a copy of which agreement is attached hereto, be authorized for the purposes of Article

VIII(1) of the Treaty as a disposal of the Canadian Entitlement in the United States of America for

the period and in accordance with the other terms and provisions set out in the Canadian Entitlement

Purchase Agreement.

My Government also understands that your Government pursuant to paragraph B.5 in the

attach-ment to Mr. Secretary Rusk's Note of January 22, 1964, relating to the terms of the sale, has

deter-mined that the United States Entity shall enter into and that it has entered into the Canadian

Entitle-ment Exchange Agreements which agreements assure unconditionally the delivery for the

account of the Columbia Storage Power Exchange of an amount of power agreed between the

United States Entity and the Columbia Storage Power Exchange to be the equivalent of the

Canadian Entitlement being sold under the Canadian Entitlement Purchase Agreement, and that the

United States Entity has succeeded to all the rights and obligations of the Columbia Storage Power

Exchange under the Canad-ian Entitlement Purchase Agreement other than the obligation to pay the

purchase price, and further that the United States Entity has, pursuant to Article XI of the Treaty,

approved the use of the im-proved stream flow in the United States of America brought about by the

Treaty by entering into Can-adian Entitlement Allocation Agreements with owners of non-Federal

dams on the Columbia River

My Government understands that the two Governments are agreed that the Government of the

United States undertakes that:

(1) So long as the Canadian Entitlement Exchange Agreements remain in force, the United

States Entity will perform all the obligations of the Columbia Storage Power

Exchange under the Canadian Entitlement Purchase Agreement other than

the obligation to pay the purchase price specified in Section 3 of the Canadian

Entitlement Purchase Agreement;

(2) In the event the Canadian Entitlement is reduced as a result of a failure on the part of the Cana-

dian Entity to comply with Section 4 of the Canadian Entitlement Purchase Agreement and if the

failure results other than from wilful omission by the Canadian Entity to fulfill its obligations

under that agreement, the United States Entity will, without compensation, offset the effect of

that failure by adjusting the operation of the portion of the System described by Step I of para-

graph 7 of Annex B of the Treaty which is in the United States of America to the extent that the

United States Entity can do so without loss of energy or capacity to that portion of the system;

and

(3) If the procedure described in paragraph (2) above does not fully offset the effect of the failure,

then to the extent the entities agree thereon, an additional offsetting adjustment in the operation

of the portion of the System described in Step I of Annex B of the Treaty which is in the United

States of America and which would result in only an energy loss will be made if the Canadian

Entity delivers to the United States Entity energy sufficient to make up one half that energy

loss.

(4) In order to make up any reduction in the Canadian Entitlement, which reduction is to be de-

termined in accordance with Section 6 of the Canadian Entitlement Purchase Agreement,

the United States Entity will cause to be delivered the least expensive capacity and energy

available and, to the extent that it would be the lease expensive available, will deliver, at the

then applicable rate schedules of the Bonneville Power Administration, any available

surplus capacity and energy from the United States Federal Columbia River System.

The Government of Canada also proposes that:

(5) Contemporaneously with the exchange of the instruments of ratification CSPE shall have paid

to Canada the sum in United States funds of $253,929,534.25, being the equivalent of the sum of

$254,000,000 in the United States funds as of October 1, 1964 adjusted to September 16, 1964

at a discount rate of 4-1/2 percent per annum on the basis set out in the January 22, 1964 Ex-

change of Notes between our two Governments relating to the terms of sale, which sum

shall be applied towards the cost of constructing the Treaty projects through a transfer of the sum

by Canada to the Government of British Columbia pursuant to arrangements entered into

between Canada and British Columbia.

(6) No modification or renewal of the Canadian Entitlement Purchase Agreement shall be

effective until approved by the Governments of Canada and the United States of America,

evidenced by an exchange of Notes.

(7) The storages described in Article II of the Treaty shall be considered fully operative when the

facilities for such storages are available and outlet facilities are operable for regulating flows in

accordance with the flood control and hydroelectric operating plans.

(8) As soon as practicable, the Canadian and United States Entities shall agree upon a program for

filling the storage provided by each of the Treaty projects. The filling program shall have the

objective of having the storages described in Article II(2)(a), Article II(2)(b), and Article

II(2)(c) ofthe Treaty filled to the extent that usable storage, in the amounts provided for each

storage in Article II of the Treaty is available by September 1 following the date when the

storage becomes fully operative, and of having the storage provided by the dam described

in Article II(2)(a) filled to 15 million acre-feet by September 1, 1975. This objective shall

be reflected in the hydroelectric operating plans and shall take into account generating

requirements at-site and downstream in Canada and the United States of America to meet

loads and requirements for flood control.

(9) In the event the United States of America becomes entitled to compensation from Canada for

loss of downstream power benefits, other than Canada's entitlement to downstream

power benefits, in respect of a breach of the obligation under Article IV(6) of the Treaty

to commence full operation of a storage, compensation payable to the United States of

America under Article XVIII(5)(a) of the Treaty shall be made in an amount equal to 2.70 mills

per kilowatt-hour of energy, and 46 cents per kilowatt of dependable capacity for each month

or fraction thereof, in United States Funds, for and in lieu of the power which would have

been forfeited under Article XVIII(5)(a) of the Treaty if Canada's entitlement to

downstream power benefits had not been sold in the United States of America. The power

which would have been forfeited shall be Canada's entitlement to downstream power

benefits attributable to the particular storage had it commenced full operation in accordance with

Article IV(6) of the Treaty and shall consist of (1) dependable capacity for the period of

forfeiture and (2) that portion of average annual usable energy which would have

been available during the period of forfeiture assuming the energy to be available at a

uniform rate throughout the year. Alternatively, Canada may, at its option, offset the

power for which compensation is to be made by delivering capacity and energy to the

United States Entity, such delivery to be made, unless otherwise agreed by the entities, during

the period of breach and at a uniform rate. The option for Canada to provide power in place of

paying money shall permit Canada to make compensation partly by supplying power and partly

by paying money, as may be mutually agreed by the entities.

(10) The Canadian Entity shall at reasonable intervals provide current reports to the United States

Entity of the progress of construction of the Treaty storages. In the event there is a

likelihood of delay in meeting the completion dates set out in Section 4 of the Canadian

Entitlement Purchase Agreement or a delay which will give rise to a claim under paragraph

(9) hereof the Canadian Entity will advise of the probability of power being available to make

the compensation required.

(11) To the extent the Canadian Entity does not make compensation for a reduction in the Canadian

Entitlement arising as a result of a failure to comply with Section 4 of the Canadian

Entitlement Purchase Agreement, Canada shall make such compensation and such

compensation shall be accepted in complete satisfaction of all claims arising out of

the failure in respect of the reduction in the Canadian Entitlement for which such

compensation was made.

(12) For any year in which Canada's Entitlement to downstream power benefits is sold to Columbia

Storage Power Exchange, the United States Entity may decide the amount of the downstream

power benefits for purposes connected with the disposition thereof in the United States of

America. This authorization, however, shall neither affect the rights or relieve the obligation

of the Canadian and United States Entities relating to joint activities under the provisions of

Article XIV and Annexes A and B of the treaty, nor shall it apply to determination of

compensation provided for in the Canadian Entitlement Purchase Agreement or

pursuant to paragraph (9) herreof or to determination of the power benefits to

which Canada is entitled.

(13) Any power delivered by the Canadian Entity or by Canada in accordance with the Canadian

Entitlement Purchase Agreement or this Note shall be delivered at points of

interconnection on the Canadian-United States border mutually acceptable to the entities.

Appropriate adjustments shall be made to reflect transmission costs and transmission losses in

the United States of America.

(14) Any dispute arising under the Canadian Entitlement Purchase Agreement, including, but

without limitation, a dispute whether any event requiring compensation has occurred, the amount

of compensation due or the amount of any overdelivery of power is agreed to be a

difference under the Treaty to be settled in accordance with the provisions of Article XVI

of the Treaty, and the parties to the Canadian Entitlement Purchase Agreement may avail

themselves of the jurisdic- tion hereby conferred.

The Government of Canada therefore proposes that if agreeable to your Government this Note

together with your reply thereto constitutes an agreement by our Governments relating to the Treaty with

effect from the date of the exchange of instruments of ratification of the Treaty.

Accept, Excellency, the renewed assurances of my highest consideration.

Secretary of State for

External Affairs

Embassy of the United States of America

Ottawa, September 16, 1964

No. 75

The Honorable Paul Martin, P.C., Q.C.

Secretary of State for External Affairs, Ottawa

Sir,

I have the honor to refer to your note No. 140 of September 16, 1964, regarding the disposal of

the Canadian entitlement to downstream power benefits in the United States, in accordance with

Article VIII(1) of the Treaty between the United States of America and Canada relating to the

cooperative development of the water resources of the Columbia River Basin, signed at Washington,

January 17, 1961.

I wish to advise you that the Government of the United States of America has designated the

Administrator of the Bonneville Power Administration, Department of the Interior, and the Division

Engineer, North Pacific Division, Corps of Engineers, Department of the Army, as the United States

Entity for the purposes of Article XIV(1) of the Treaty. A copy of the designation is attached to this

note.

I wish also to advise that the Government of the United States of America confirms the

proposals and understandings set forth in your note, and agrees that your note, together with this

reply, shall constitute an agreement between our two Governments relating to the implementation of

the provisions of the Treaty with effect from the date of the exchange of instruments of ratification

of the Treaty.

Accept, Sir, the renewed assurances of my highest consideration.

W.W. Butterworth

Enclosure:

As stated

DEPARTMENT OF EXTERNAL AFFAIRS

CANADA

Ottawa, September 16, 1964

No. 141

His Excellency, W. Walton Butterworth

Ambassador of the United States of America, Ottawa

Excellency,

I have the honour to refer to my Note of January 22, 1964 addressed to the Honourable Dean

Rusk, Secretary of State of the United States of America and the Protocol attached thereto regarding

a Treaty between Canada and the United States of America relating to cooperative development of

the water resources of the Columbia River Basin signed at Washington on 17 January, 1961 and to

Mr. Secretary Rusk's reply of the same date. This Exchange of Notes relating to the carrying out of

the provisions of the Treaty provides expressly that it shall come into effect from the date of the

exchange of instruments of ratification of the Treaty.

The instruments of ratification of the Treaty having been exchanged on this 16th day of

Septem-ber 1964, I should like to propose that our two Governments confirm that the

Intergovernmental Agreement set our in the said Exchange of Notes has now come into full force

and effect. I should like to propose further that this Note together with your reply shall constitute an

agreement between our two Governments with effect from this 16th day of September 1964.

Accept, Excellency, the renewed assurances of my highest consideration.

Secretary of State for

External Affairs

Embassy of the United States of America

Ottawa, September 16, 1964

No. 76

The Honorable Paul Martin, P.C., Q.C.

Secretary of State for External Affairs, Ottawa

Sir,

I have the honor to refer to your Note No. 141 dated September 16, 1964 regarding the Treaty

between Canada and the United States of America relating to cooperative development of the water

resources of the Columbia River Basin signed at Washington on January 17, 1961. I wish to advise

you that the Government of the United States of America confirms that the Exchange of Notes with

Annex of January 22, 1964 referred to in your note has now come into full force and effect. The

Government of the United States of America further agrees that your note together with this reply

shall constitute an agreement between our two Governments relating to the carrying out of the

provisions of the Treaty with effect from this 16th day of September 1964.

Accept, Sir, the renewed assurances of my highest consideration.

W. W. Butterworth

JOHN F. KENNEDY

President of the United States of America

TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING

KNOW YE That, whereas a treaty between the United States of America and Canada relating to

cooperative development of the water resources of the Columbia River basin was signed at Washington

on January 17, 1961 by their respective Plenipotentiaries, the original of which convention is hereto

annexed;

AND WHEREAS the Senate of the United States of America by their resolution of March 16, 1961,

two-thirds of the Senators present concurring therein, did advise and consent to the ratification of the said

Treaty;

NOW, THEREFORE, be it known that I, John F. Kennedy, President of the United States of

America, having seen and considered the said treaty, do hereby, in pursuance of the aforesaid advice and

consent of the Senate of the United States of America, ratify and confirm the said Treaty and every article

and clause thereof.

IN TESTIMONY WHEREOF, I have caused the Seal of the United States of America to be

hereunto affixed.

DONE at the city of Washington

this twenty-third day of March

in the year of our Lord one

thousand nine hundred sixty-one

and of the Independence of the

United States of America the one

hundred eighty-fifth.

John F. Kennedy

By the President

Dean Rusk

Secretary of Stat

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

WHEREAS the treaty between the United States of America and Canada relating to cooperative

development of the water resources of the Columbia River basin was signed at Washington on January

17, 1961 by their respective Plenipotentiaries, the original of which treaty is word for word as follows:

HERE IS INCORPORATED THE SIGNED ORIGINAL OF THE TREATY.

WHEREAS the Senate of the United States of America did by their resolution of March 16, 1961,

two-thirds of the Senators present concurring therein, did advise and consent to the ratification of the

aforesaid treaty;

WHEREAS it is provided in Article XIX of the aforesaid treaty that the treaty shall come into force

on the ratification date and in Article XX of the aforesaid treaty that the instruments of ratification shall

be exchanged at Ottawa;

AND WHEREAS the respective instruments of ratification of the aforesaid treaty were duly

exchan-ged at Ottawa on September 16, 1964 by the respective Plenipotentiaries of the United States of

America and Canada;

NOW, THEREFORE, be it known that I, Lyndon B. Johnson, President of the United States of

America, do hereby proclaim and make public the aforesaid treaty to the end that the said treaty and each

and every article and clause thereof may be observed and fulfilled, on and after September 16, 1964, with

good faith by the United States of America and by the citizens of the United States of America and all

other persons subject to the jurisdiction thereof.

IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Seal of the United

States of America to be affixed.

Done at the International Peace Arch,

Blaine, Washington, this sixteenth day

of September in the year of our Lord

one thousand nine hundred sixty-four

and of the Independence of the United

States of America the one hundred

eighty-ninth.

Lyndon B. Johnson

By the President

Dean Rusk

Secretary of State

EXECUTIVE ORDER NO. 11177

PROVIDING FOR CERTAIN ARRANGEMENTS

UNDER THE COLUMBIA RIVER TREATY

WHEREAS the treaty between the United States of America and Canada relating to cooperative

development of the water resources of the Columbia River Basin (signed at Washington, D.C. on January

17, 1961; Executive C, 87th Congress, 1st Session) has come into force; and

WHEREAS Article XIV of such treaty (hereinafter referred to as the Treaty) provides for the

design-ation of certain entities which are empowered and charged with the duty to formulate and carry

out the operating arrangements necessary to implement the Treaty, and authorizes the United States of

America to designate one or more of such entities; and

WHEREAS Article XV of the Treaty authorizes the United States of America to appoint two

members of the Permanent Engineering Board established by that Article;

NOW, THEREFORE, by virtue of the authority vested in me by the Treaty and by the Constitution

and statutes, and as President of the United States, it is hereby ordered as follows:

PART I. UNITED STATES ENTITY

SECTION 101. Designation of Entity. The Administrator of the Bonneville Power Administration,

Department of the Interior, and the Division Engineer, North Pacific Division, Corps of Engineers,

Depart-ment of the Army, are hereby designated as an entity under Article XIV of the Treaty, to be

known as the United States Entity for the Columbia River Treaty (hereinafter referred to as the Entity).

The designated Administrator shall be the Chairman of the Entity.

SECTION 102. Functions of the Entity. The Entity shall have the functions set forth therefor in

Article XIV, and in other provisions, of the Treaty.

SECTION 103. Departmental responsibilities. This order shall not affect (1) the respective respon-

sibilities of the Department of the Army and the Department of the Interior for project operation and ad-

ministration, (2) the respective responsibilities of the Secretary of the Army and the Chief of Engineers

for the supervision and direction of the Department of the Army and the Office of the Chief of Engineers,

or (3) the responsibility of the Secreatary of the Interior for the supervision and direction of the

Department of the Interior.

PART II. UNITED STATES SECTION,

PERMANENT ENGINEERING BOARD

SECTION 201. Appointment of members of the Permanent Engineering Board.

(a) The Secreatary of the Interior and the Secretary of the Army shall each appoint one person as a

United States member of the Permanent Engineering Board established by Article XV of the Treaty.

(b) Each such person shall be selected from among appropriately qualified individuals, who at the

time of appointment may be, but need not necessarily be, officers or employees of the United States, and

shall serve as a member of the Board during the pleasure of the appointing Secretary.

SECTION 202. Alternate members. In addition to the two members to be appointed under the

provisions of Section 201 of this order, there shall be two alternate United States members of the

Permanent Engineering Board. The provisions of Section 201 of this order shall apply to the selection,

appointment, and service of the alternate members.

SECTION 203. United States Section. The members and alternate members appointed under the

foregoing provisions of this Part shall compose the United States Section, Permanent Engineering Board,

Columbia River Treaty, hereinafter referred to as the United States Section. The member appointed by

the Secretary of the Army under Section 201(a) of this order shall be the Chairman of the United States

Section.

SECTION 204. Assistance to the United States Section. With the consent of the respective heads

thereof, departments and agencies of the Federal Goverment may, upon the request of the United States

Section and to the extent not inconsistent with law, furnish assistance needed by the Section in

connection with the performance of its functions.

PART III. GENERAL

SECTION 301. Reservation. There is hereby reserved the right to modify or terminate any or all of

the provisions of this order.

Lyndon B. Johnson

THE WHITE HOUSE

September 16, 1964

DETERMINATION OF UNITED STATES ENTITY RELATING

TO DISPOSITION OF HYDROELECTRIC POWER FROM USE

OF IMPROVED STREAMFLOW

The United States Entity, designated by Executive Order of the President of the United States, dated

September 16, 1964, pursuant to Article XIV of the Treaty with Canada Relating to Cooperative

Develop-ment of the Water Resources of the Columbia River Basin, signed at Washington, D.C. on

January 17, 1961 (the "Treaty"), in implementation thereof, and to carry out the disposal in the United

States of the power benefits to which Canada is entitled in accordance with the exchange of notes

between the United States and Canada of even date herewith, does determine and find:

1. The Administrator, Bonneville Power Administration (the "Administrator"), is authorized and

directed to act for and on behalf of the United States Entity in the execution and performance of the

Cana-dian Entitlement Exchange Agreements and the Canadian Entitlement Allocation Agreements

referred to in the exchange of notes of even date herewith.

2. The Administrator is authorized to approve, and has approved, pursuant to Article XI of the

Treaty, the use for hydroelectric power purposes of the improvement in streamflow brought about by

opera-tion of the storage constructed under the Treaty in Canada at hydroelectric projects owned by the

nonfed-eral parties to the Canadian Entitlement Allocation Agreements for the term of such agreements,

subject to compliance with the provisions of such agreements by the nonfederal parties thereto.

3. The use of the improvement in streamflow brought about by operation of the storage

constructed under the Treaty for hydroelectric power purposes at hydroelectric projects of the United

States is approved by the United States Entity pursuant to Article XI of the Treaty upon condition that the

increased power benefits therefrom shall be first utilized for the following purposes:

a. To obtain for the United States the benefits which the cooperative development of the

Colum-bia River Basin can provide for the general welfare and economic progress; and

b. To enable the most economical and efficient use of existing and future hydroelectric

projects in the Columbia River Basin.

4. In compliance with the foregoing conditions, the Administrator is directed to make such

disposi-tion and exchange of the increased power benefits resulting from the Canadian storage as he shall

deem necessary or appropriate, subject to the requirements of nonpower uses. The Administrator has

previously entered into power sales contracts relating to the sale of power by Northwest utilities to

organizations within the State of California to the extent such power is excess to the needs of the Pacific

Northwest, which agreements are necessary and appropriate to implement and carry out the disposition in

the United States of the power benefits to which Canada is entitled pursuant to the Treaty.

Done this 16th day of September, 1964.

UNITED STATES ENTITY

by: Charles F. Luce

Administrator, Bonneville Power Administation,

Department

of the Interior

by: W.W. Lapsley

Division Engineer, North Pacific Division, Corps of

Engineers, Department of the Army

CANADA - B.C. AGREEMENT

8th July, 1963

THIS AGREEMENT made this 8th day of July, 1963 between THE GOVERNMENT OF CAN-

ADA, herein referred to as "Canada," and THE GOVERNMENT OF BRITISH COLUMBIA, herein

referred to as "British Columbia,"

WHEREAS a Treaty between Canada and the United States of America relating to Cooperative De-

velopment of the water resources of the Columbia River Basin has been signed on the 17th day of

January 1961; and

WHEREAS it is desirable that an Agreement be made between Canada and British Columbia con-

cerning implementation of the Treaty and disposal of benefits arising thereunder:

NOW THEREFORE THIS AGREEMENT WITNESSETH:

1. In this Agreement

"Treaty" means "The Treaty between Canada and the United States of America relating to co-

operative development of the Water Resources of the Columbia River Basin" signed at Wash-

ington, District of Columbia, United States of America on the 17th day of January, 1961,

together with any protocol or exchange of notes relating thereto.

2. All proprietary rights, title and interests arising under the Treaty and particularly those with

respect to

(a) downstream power benefits accruing to Canada,

(b) proceeds from the sale of downstream power benefits in the United States of America,

(c) monies payable and electric power accruing to Canada in return for flood control,

(d) the stand-by transmission services rendered by transmission grids in the United States of

America,

(e) benefits arising in Canada from any dam constructed pursuant to the Treaty,

(f) rights of water diversion granted to Canada by Article XIII of the Treaty, and

(g) monies paid to Canada by the United States of America in settlement of any claim made

by Canada under the Treaty which relates in any way to the obligations of British Columbia under

this Agreement

belong to British Columbia absolutely for its own use.

3. British Columbia shall at its own expense:

(a) construct or arrange for the construction of all the dams and operate or arrange for the op-

eration of all the storages as required by Articles II and IV of the Treaty;

(b) not operate and prevent the operation of any storage in British Columbia in the manner

prohibited by Article IV(5) of the Treaty;

(c) prepare and make available for flooding the land in Canada required for the purposes of

any dam constructed by the United States of America under Article XII of the Treaty;

(d) not make and prevent the making of any diversion of water prohibited by Article XIII of

the Treaty;

(e) carry out or arrange to carry out of any variation in operation of any Kootenay River diver-

sion agreed upon pursuant to Article XIII(6) of the Treaty;

(f) abide by and carry out or arrange for the carrying out of any decisions made pursuant to

Article XVI of the Treaty which relate in any way to the obligations of British Columbia

under this Agreement;

(g) pay to Canada, upon demand therefor, all costs incurred by Canada in connection with

pro- ceedings under Article XVI of the Treaty which relate in any way to the obligations of British

Columbia under this Agreement;

(h) carry out or arrange for the carrying out of anything required to be done by Canada under

Article XVIII(3) of the Treaty;

(i) carry out and give full force and effect to all conditions, provisions, orders and decisions

imposed or made by the Permanent Engineering Board established by the Treaty; and

(j) generally do all those things which constitutionally it is capable of doing to ensure that

Can- ada is not in default under the Treaty and not do and so far as it is constitutionally capable

prevent any person from doing anything which Canada has under the Treaty undertaken to

refrain from doing.

4. (1) It is acknowledged and agreed that Canada has the right and obligation to do all things

which the Treaty requires Canada to do that British Columbia has not undertaken to do by this

Agreement.

(2) Notwithstanding subsection (1) of this section Canada shall obtain the concurrence of

British Columbia before:

(a) confirming by exchange of Notes any operating plan pursuant to Article IV of the Treaty;

(b) making any election pursuant to Article VI(5) of the Treaty relating to payment for flood

control;

(c) agreeing to any variation of entitlement to downstream power benefits pursuant to Article

IX of the Treaty;

(d) confirming any electrical coordination arrangement made pursuant to the Treaty;

(e) agreeing to any diversion of water by the United States of America pursuant to Article XIII

of the Treaty;

(f) agreeing, as provided for in Article XIII(6) of the Treaty, to any variation in the use of water

diverted by British Columbia pursuant to that Article;

(g) charging the entities designated pursuant to Article XIV of the Treaty with any new power

or duty; and

(h) terminating the Treaty.

5. Canada shall, if requested by British Columbia, endeavour to obtain the agreement of the

United States of America with respect to:

(a) any variation of the operation of any dam constructed under Article XII of the Treaty;

(b) any modification of the area of land in Canada required for the purposes of any dam

constructed under Article XII of the Treaty;

(c) any diversion of water not provided for by the Treaty;

(d) any new power or duty which British Columbia wishes to impose upon the entities desig-

nated under Article XIV of the Treaty;

(e) any direction which British Columbia with the concurrence of Canada wishes given to the

Permanent Engineering Board established by the Treaty; and

(f) any proposal relating to the Treaty which Canada and British Columbia agree is in the

public interest.

6. (1) Canada shall designate the British Columbia Hydro and Power Authority as the Canadian

entity for the purpose of Article XIV of the Treaty and British Columbia shall ensure that the British

Columbia Hydro and Power Authority fulfills the obligations imposed on the Canadian entity by the

Treaty.

(2) British Columbia may nominate one of the two persons to be appointed to the Permanent

Engineering Board established by the Treaty and Canada shall upon such nomination appoint the

nominee to that Board.

7. (1) Canada shall do whatever is reasonably possible to ensure compliance with the Treaty by

the United States of America and shall not waive any default or breach by the United States of America

without having consulted British Columbia.

(2) Canada shall, at the request of British Columbia, present any claim deemed reasonable by

Canada arising under the Treaty which British Columbia wishes made against the United States of

America.

(3) Canada shall establish any arbitration tribunal necessary to settle differences under the

Treaty and shall, after consultation with British Columbia, defend or prosecute, as the case may be, all

differences submitted to such tribunal or to the International Joint Commission under the Treaty.

8. (1) British Columbia shall indemnify and save harmless Canada from and in respect to any

liability of Canada to the United States of America arising under the Treaty.

(2) British Columbia shall not be required to indemnify Canada pursuant to subsection (1) of

this section in respect of any liability to the United States of America directly attributable to any action or

failure to take action by Canada.

(3) Canada shall not discharge any liability in respect of which it is indemnified pursuant to

subsection (1) of this section without having consulted with British Columbia.

9. British Columbia shall maintain or arrange for the maintenance of complete accounts and records

relating to:

(a) the discharge of the obligation of British Columbia under this Agreement;

(b) the receipt and ultimate disposal of all monies derived from the sale in the United States of

America of any downstream power benefits arising under the Treaty;

(c) the receipt and ultimate disposal of all monies and other compensation derived from the

provision of flood control under the Treaty; and

shall comply with or arrange for compliance with any reasonable request for disclosure of any such

account or recored made by Canada or the Permanent Engineering Board established by the Treaty.

10. (1) Canada shall transfer to British Columbia the administration and control of any

unimproved lands in Canada belonging to Canada which are required for the construction and operation

of the dams and storages which British Columbia is obligated by this Agreement to construct or operate.

(2) For the purposes of subsection (1) of this section the expression "lands" does not include

lands forming part of an Indian Reserve.

11. (1) As soon as may be convenient after execution of this Agreement, Canada shall undertake

negotiations with the United States of America with a view to entering into a protocol to the Treaty

embod-ying certain matters agreed to by Canada and British Columbia and Canada shall thereafte with

due diligence proceed toward ratification of the Treaty.

(2) Any protocol entered into pursuant to subsection (1) of this section shall be attached to this

Agreement as Schedule A and shall for part of this Agreement.

12. (1) Canada agrees that the downstream power benefits arising in the United States of America

under the Treaty may be sold in the United States of America subject to terms that are acceptable to both

Canada and British Columbia and that will ensure that the proceeds of the sale will constribute to savings

in the cost of electric power in the Province of British Columbia.

(2) Any agreement concluded under subsection (1) of this section with respect to the sale of

downstream power benefits shall be attached to this Agreement as Schedule B and shall form part of the

Agreement.

(3) British Columbia will finance the Treaty project by use of the funds derived from the sale

of downstream power benefits arising in the United States of America, from the flood control benefits

and from other sources as required, so that Canada shall have no obligation for the financing of these

Treaty projects.

13. (1) The construction of the dams and operation of the storages required by the Treaty shall be

carried out in accordance with all laws in force from time to time whether those of Canada or British

Columbia.

(2) British Columbia shall take whatever steps are necessary to amend or repeal any law,

permit or regulation and shall not enact any new law or regulation or issue any permit which may operate

to frustrate, hamper or interfere with the carrying out of any undertaking in the territory of Canada

provided for by the Treaty.

(3) Canada shall do everything possible to expedite the issue of all licenses and permits

required under the laws of Parliament by either British Columbia or the British Columbia Hydro and

Power Authority in order for them to carry out and perform their obligations under this Agreement,

including Schedules A and B.

14. Canadian labour and material shall be used in all construction or operation of the dams and

storages constructed or operated pursuant to this Agreement to the full extent to which they are

procurable, consistent with proper economy and the expeditious carrying out of the construction and

operation and no person shall be discriminated against in the course of the construction and operation by

reason of his race, color, religion or political affiliation.

15. (1) Canada and British Columbia will consult as required on technical and other matters of

mutual interest with a view to facilitating the implementation of the Treaty, avoiding disputes and

carrying out this Agreement.

(2) In particular a Liaison Committee shall be established consisting of senior representatives

of Canada and British Columbia.

(3) If differences or questions arise or allegations are made as to loss arising out of any action

or failure to take action by either Canada or British Columbia which cannot be resolved through consulta-

tion they shall be submitted to the Exchequer Court of Canada for decision and that Court has jurisdiction

to determine the rights and liabilities of either party under this Agreement.

(4) British Columbia shall, in respect of itself, procure the enactment of whatever legislation is

necessary to implement subsection (3) of this section.

16. (1) British Columbia agrees that generators shall be installed in the dam at Mica Creek as

soon as economically feasible.

(2) Subject to the requirements of British Columbia, British Columbia will make available to

other provinces of Canada, through a national grid or otherwise, on a first call basis, electric power from

the Columbia River and other power developments in the Province of British Columbia at prices not

higher thatn those obtainable by British Columbia from time to time from the United States of America

for any comparable British Columbia eneity electric power exported thereto.

17. This Agreement binds Canada and British Columbia from the date of the Agreement and there-

after so long as any obligation or right of either the United States of America or Canada exists under the

Treaty or any part thereof.

IN WITNESS WHEREOF THE UNDERSIGNED, DULY AUTHORIZED BY THEIR RESPEC-

TIVE GOVERNMENTS HAVE SIGNED AND DELIVERED THIS AGREEMENT.

For the Government of Canada on the 8th day of July, 1963.

L.B. Pearson Prime Minister

Paul Martin Secretary of State

for External Affairs

For the Government of British Columbia on the 8th day of July, 1963.

W.A.C. Bennett Premier and President of the

Executive Council

Ray G. Williams Minister of Lands, Forests

and Water Resources

CANADA - B.C. AGREEMENT

13th January, 1964

THIS AGREEMENT made this 13th day of January, 1964 between THE GOVERNMENT OF

CANADA, herein referred to as "Canada," and THE GOVERNMENT OF BRITISH COLUMBIA,

herein referred to as "British Columbia,"

WHEREAS Canada and British Columbia entered into an agreement of the 8th day of July, 1963,

herein referred to as the "Main Agreement;"

AND WHEREAS as contemplated by the Main Agreement negotiations with the United States of

America have been completed concerning a Protocol to the Treaty and the Terms of Sale of Canada's

downstream power benefits, each of which is attached hereto and herein referred to as the "Protocol" and

the "Terms of Sale" respectively;

AND WHEREAS the Protocol and Terms of Sale are satisfactory to both Canada and British

Columbia;

NOW THEREFORE THIS AGREEMENT FURTHER WITNESSETH:

1. Canada shall as soon as it receives the purchase price referred to in the Terms of Sale or other

monies under the Treaty pay the full equivalent thereof, in Canadian dollars, to British Columbia and

British Columbia shall assume the remaining obligation of Canada under Section A.3 of the Terms of

Sale.

2. Notwithstanding section 3(a) of the Main Agreement British Columbia shall observe the time

schedule relating to the Treaty Storages set out in the Terms of Sale.

3. British Columbia shall at all times hereafter keep Canada indemnified against all liability to

(a) the United States of America,

(b) the entity designated by the United States of America for the purposes of Article XIV of the

Treaty, or

(c) the private Purchaser contemplated by the Terms of Sale,

arising under

(d) the Protocol,

(e) the Terms of Sale, or

(f) any Exchange of Notes hereafter made by Canada pursuant to the Treaty and in accordance

with the Main Agreement

and from and in respect to all actions, proceedings, claims, damages, costs, and expenses whatsoever in

relation thereto other than any liability, action, proceeding, claim, damages, costs and expenses incurred

by Canada which is directly attributable to any action or failure to take action by Canada.

4. (1) Where any payment ordered by the Exchequer Court to be paid by British Columbia to

Canada remains unpaid for 60 days Canada may at any time thereafter recover the amount of the payment

by deduction from monies owing to British Columbia by Canada on any account.

(2) The rights given in this section are in addition to all other rights and remedies which

Canada has.

5. British Columbia shall, at reasonable intervals, provide current reports to Canada on the

progress of construction of the Treaty Storages.

6. This agreement is supplemental to the Main Agreement and expect as specifically provided in

this agreement the Main Agreement remains in full force and effect and operates according to the

meaning

and intent thereof.

7. This agreement binds Canada and British Columbia from the date hereof and thereafter so long

as any obligation or right of either the United States of America or Canada exists under the Treaty, the

Protocol or any Notes exchanged thereunder.

IN WITNESS WHEREOF THE UNDERSIGNED, DULY AUTHORIZED BY THEIR RESPEC-

TIVE GOVERNMENTS, HAVE SIGNED AND DELIVERED THIS AGREEMENT.

For the Government of Canada on the 13th day of January, 1964

L.B. Pearson Prime Minister

Paul Martin Secretary of State

for External Affairs

For the Government of British Columbia on the 12th day of January, 1964.

W.A.C. Bennett Premier and President of the

Executive Council

Ray G. Williston Minister of Lands, Forests

and Water Resources

The Government of

The Province of British Columbia

2234.

I hereby certify that the following is a true copy of a Minute of the Honourable the Executive Council of

the Province of British Columbia, approved by His Honour the Lieutenant-Governor on the 7th day

of August, A.D. 1964

E.E. Protheroe

Assistant Deputy Provincial Secretary

To His Honour

The Lieutenant-Governor in Council:

The undersigned has the honour to recommend:

THAT the British Columbia Hydro and Power Authority be authorized, empowered and charged,

pur-suant to the provisions of the British Columbia Hydro and Power Authority Act, 1964:

1. To enter into the Agreement with Columbia Storage Power Exchange for the sale of a portion

of the Canadian Entitlement to downstream power benefits arising under the Treaty between Canada and

the United States of America relating to Cooperative Development of the Water Resources of the

Columbia River Basin signed at Washington, D.C. on the 17th day of January 1961 and the Protocol

attached to the Exchange of Notes dated the 22nd day of January, 1964 (which documents hereinafter

called "the Treaty"), a draft of which Agreement is attached hereto;

2. When designated by Canada as the Canadian Entity under the Exchange of Notes between

Canada and the United States of America, pursuant to Article XIV(1) of the Treaty, to exercise all the

rights and powers granted to the Canadian Entity and to perform all the obligations imposed on the

Canadian Entity by the Treaty including the obligation to construct or cause to be constructed the dams

referred to in Article II(2) of the Treaty.

DATED this 6th day of August, A.D. 1964.

W.A.C. Bennett

Premier

APPROVED this 6th day of August, A.D. 1964.

W.A.C. Bennett

Presiding Member of the Executive Council

P.C. 1964-1407

Certified to be a true copy of a Minute of a Meeting of the Committee

of the Privy Council, approved by His Excellency the Governor

General on the 4th September, 1964

The Committee of the Privy Council, on the recommendation of the Right Honourable Lester B.

Pearson, the Prime Minister, advise that Your Excellency may be pleased to designate the British

Columbia Hydro and Power Authority, a corporation incorporated in the Province of British Columbia by

the British Columbia Hydro and Power Authority Act 1964, as the Canadian entity for the purpose of

Article XIV of a treaty dated January 17, 1961 at Washington, D.C., U.S.A. between Canada and the

United States of America relating to co-operative development of the water resources of the Columbia

River Basin, such designation to take effect on the date on which the Instruments of Ratification of the

Treaty shall be exchanged.

R.G. Robertson

Clerk of the Privy Council

CANADIAN INSTRUMENT OF RATIFICATION

Whereas a Treaty between Canada and the United States of America relating to cooperative

develop-ment of the water resources of the Columbia River Basin was signed at Washington, D.C. on the

17th day of January 1961 by the duly authorized representatives of Canada and the United States of

America, which Treaty is word for word as follows:

(Text of Treaty)

The Government of Canada, having considered the Treaty, hereby confirms and ratifies it and

under-takes to carry out the provisions set forth therein.

IN WITNESS WHEREOF this Instrument of Ratification is signed and sealed by the Secretary of

State for External Affairs of Canada.

DONE at Ottawa this 16th day of September, 1964.

Paul Martin

Secretary of State for

External Affairs

INDEX

Key: Begin with Roman Numerals: Treaty Sections

Begin with A: Annex A to Treaty

Begin with B: Annex B to Treaty

Begin with BCMIN: British Columbia Executive Council Minute, 7 August 1964

Begin with CBC: Canadian-British Columbia Agreement, 8 July 1963

Begin with Det: Determination of Disposition of Downstream Power Benefits, BPA &

USACE, 16 September 1964

Begin with EXO: Executive Order 11177, L.B. Johnson, 16 September 1964

Begin with N75: Diplomatic Note 75, US Ambassador W.W. Butterworth to External

Minister of Foreign Affairs/Secretary of State Paul Martin, 16 September 1964

Begin with N140: Diplomatic Note 140, Paul Martin to US Ambassador W.W.

Butterworth, 16 September 1964

Begin with P: Protocol to Treaty

Begin with PCMIN: Canadian Privy Council Minute, 4 September 1964

Begin with POP: Principles and Operating Procedures, 1991

Begin with Sale: Attachment Relating to Terms of Sale, Dean Rusk to Paul Martin,

22 January 1964

Begin with USP: United States Proclamation of Ratification, September 16, 1964

Alternate Operating Plan: POP(IV)21a, POP(IV)21b, POP(IV)22a, POP(IV)24b-6c

AOP: See Assured Operating Plan

Arrow: See Keenleyside

Assured Operating Plan (AOP): POP(I)1d, POP(III)10, POP(III)14, POP(III)17, POP(IV)21,

POP(IV)Tables 3&4

Average critical period load factor: I(1)a, B(2)

Base system: I(1)b, III(1), VII(2)c, B(2), B(3), B(4), B(7), B(Table), POP(III)13, POP(Table 3),

POP(III)15

BC Hydro and Power Authority: Sale(A), Sale(A)1c, Sale(A)2, Sale(A)4, Sale(A)5, Sale(C),

N140, CBC(6), BCMIN, PCMIN, POP(I)5

Bonneville Power Administration: Sale(A)1c, N75, N140, EXO(Sec.101), Det, POP(I)5

Boundary Waters Treaty: I(1)h, XII(6), XVII(2), XVII(3), XVII(4), P(XII)

Breach: XIII(5), XVIII(1), XVIII(4), XVIII(5)a&b, Sale(B)2, Sale(B)3, Sale(B)9, CBC(7)1

Compensation: IV(4), VI(4)b, XVIII(1), XVIII(5), Sale(A)1e, Sale(B)2, Sale(B)3, Sale(B)4,

N140(2), N140(9), N140(10), N140(14), CBC(9)c, POP(III)15d, POP(IV)24b(6)c(iv)

Consumptive use: I(1)e, XIII(1), P(VI), P(X)

Corps of Engineers: N75, N140, EXO(Sec.101, POP(I)5, POP(IV)24d&e

Critical stream flow period: I(1)a, I(1)d, B(1), B(2), B(6)

Detailed Operating Plan (DOP): XIV(2)k, Sale(1)c, P(VII)2, POP(I)2, POP(I)6, POP(II)8b,

POP(III)10, POP(III)16a-1, POP(III)16b-1, POP(IV), POP(IV)20, POP(IV)21,

POP(IV)22, POP(IV)23, POP(IV)24, POP(IV)Chart 6, POP(V)26

Diversion: XII(10), XIII, XIII(1), XIII(2), XIII(3), XIII(4), XIII(5), XIII(6), XVII(5), P(VI)2,

CBC(2)f, CBC(3)d), CBC(4)e, CBC(5)c

Dollars, specific: VI(1), VI(2), VI(3), X(2), CBC(1)

Domestic: I(1)e

DOP: See Detailed Operating Plan

Duncan: II(2), A(4), A(5)c, Sale(B)1, N140(8)

Flood Control: I(1)m, IV(2), IV(3), IV(4), IV(5), VI, VI(1), VI(3), VI(4), XII(1), XIV(2)b,

XIV(2)h, XV(2)b, A(2), A(3), A(4), A(5), P(I), P(II), P(V), P(XI), N140(7), N140(8),

CBC(2)c, CBC(9)c, CBC(12)3, POP(I)2, POP(I)3a-3, POP(I)3b, POP(I)6, POP(II)7,

POP(II)8, POP(II)9a-4, POP(III)12, POP(III)13d, POP(III)14c-2, POP(IV)21a,

POP(IV)23a, POP(IV)23h, POP(IV)24b, POP(IV)Table 7, POP(IV)24

Industrial: I(1)e

International Joint Commission: I(1)h, XII(6), XVI(1), XVI(2), XVI(4), CBC(7)3, POP(III)13

Irrigation: I(1)e, POP(I)1a, POP(III)13f, POP(III)15c-2, POP(IV)21a

Keenleyside: II(2)c, IV(2)a, A(4), A(5)b, Sale(A)1a, Sale(B)1, N140(8)

Kootenai: See Kootenay

Kootenay: II(2)c, XII, XII(1), XII(6), XII(10), XIII(2), XIII(3), XIII(5), XV(2)a, B(Table), P(V),

P(VI)2, CBC(3)e, POP(I)3a-5, POP(I)6, POP(III)13d-2

Libby: XII(1), POP(I)6, POP(III)13f, POP(IV)20, POP(IV)22e, POP(IV)23i, POP(IV)23l,

POP(IV)24e-3

Loss, downstream power benefits: N140(9), POP(III)13c-3(b), POP(III)14c, POP(III)14 table 3

Loss, economic: VI(4)b, XVIII(5)b

Loss, liability for: XVIII(2), XVIII(3), XVIII(4), CBC(15)3

Losses, hydroelectric power: VI(3), VI(5), XVIII(5)b, Sale(A)1c, Sale(A)2, N140(2),

N140(3), POP(II)8f-2, POP(IV)24c-3, POP(V), POP(V)27, POP(V)28a, POP(V)29

Losses, transmission: V(2), XIV(2), N140(13)

Maintenance curtailment: I(1)i, XIV(3), XVIII(1)

Mica: II(2)a, IV(2)a, A(4), A(5), Sale(B)1, N140(8)

Mining: I(1)e

Monthly load factor: I(1)a, I(1)j, POP(III)18(c)1

Municipal: I(1)e

Normal full pool elevation: I(1)k), XII(1), B(Table)

Oliver: V(2), X(1), P(IV)

Pacific Northwest Area: B(3)b, B(7), P(VII), P(IX)1, POP(I)4, POP(III)13b, POP(III)13g-1-4,

POP(III)13h, POP(III)13i, POP(III)13l, POP(III)13m, POP(III)16e&f, POP(III)18b&c

Pacific Northwest Coordination Agreement (PNCA): POP(III)13d-1, POP(III)13d-4,

POP(III)14b

PEB: See Permanent Engineering Board

Permanent Engineering Board (PEB): XIV(2)f, XV, XV(1), XV(2), XV(3), XV(4), A(2), P(I)1,

P(I)3, EXO Preamble, EXO(Sec.201), EXO(Sec.202), EXO(Sec.203), CBC(3)i,

CBC(5)e, CBC(6)2, CBC(9)

PNCA: See Pacific Northwest Coordination Agreement

Ratification date [16 September 1964]: I(1)l, II(3), IV(2), IV(3), IV(5), IV(6), VII(1), XII(1),

XII(3), XIII(2), XIII(3), XIV(1), XV(1), XIX(1), B(7), P(I)2, USP

Standby: X, X(1), X(2), XIV(2)c, P(IV)1, P(IV)2

Stock water: I(1)e

System stability: X(1)

Termination of Entity Appointment: EXO(Sec.301)

Termination of Sale: Sale(A)1b

Termination of Treaty: XII(10), XVII(1), XVII(2), XVII(3), XVII(4), XVII(5), XIX(2), XIX(3),

XIX(4), CBC(4)h

Thermal: B(3)b, B(7), POP(I)1e, POP(I)6, POP(III)13b, POP(III)13g-3&4, POP(III)13j-3,

POP(III)13k, POP(III)13l-1&2, POP(III)13m, POP(III)14 table 3, POP(III)16,

POP(III)18b, POP(III)19d-4

Useful life: I(1)o, XII(10), XIX(3), XIX(4)