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411 APPENDIX The Columbia River Treaty Treaty between Canada and the United States of America relating to Cooperative Development of theWater Resources ofThe Columbia River Basin 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, contains 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 (a) “average critical period load factor” means the average of the monthly load factors during the critical stream flow period; (b) “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; (c) “Canadian storage” means the storage provided by Canada under Article II; (d) “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; 412 Appendix (e)“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; (f) “dam” means a structure to impound water, including facilities for controlling the release of the impounded water; (g) “entity” means an entity designated by either Canada or the United States of America under Article XIV and includes its lawful successor; (h) “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; (i)“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; (j) “monthly load factor” means the ratio of the average load for a month to the integrated maximum load over one hour during that month; (k) “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; (l)“ratification date”means the day on which the instruments of ratification of the Treaty are exchanged; (m) “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; (n) “Treaty” means this Treaty and its Annexes A and B; (o) “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 theTreaty does not preclude a subsequent exercise of performance of the power or duty. ARTICLE II Development by Canada 1. Canada shall provide in the Columbia River basin in Canada 15,500,000 acrefeet of storage usable for improving the flow of the Columbia River. 2.In order to provide this storage,which in theTreaty is referred to as the Canadian storage, Canada shall construct dams: The Columbia River Treaty 413 (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...


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