CHENEY DIVISION, WICHITA PROJECT

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Sec. 7. [Minimum basic recreational facilities to be administered by the State or a local governmental agency-Cost to be nonreimbursable and nonreturnable.]-The Secretary may, upon conclusion of a suitable agreement with any qualified agency of the State of Kansas or political subdivision or agency thereof for assumption of the administration, operation, and maintenance thereof at the earliest practicable date, provide minimum basic public recreation facilities at or near Cheney Reservoir and the cost thereof incurred by the United States shall be nonreimbursable and nonreturnable under the Federal reclamation laws. (74 Stat. 1027)

Sec. 8. [Division exempt from legal requirements of soil survey and land classification.]-Expenditures for Cheney Reservoir may be made without regard to the soil survey and land classification requirements of the Interior Department Appropriation Act, 1954 (67 Stat. 261, 266–267). (74 Stat. 1027)

EXPLANATORY NOTE

Reference in the Text. The Interior Department Appropriation Act, 1954 (67 Stat. 261, 266-267), referred to in the text, was enacted July 31, 1953. Extracts from the

Act, including the soil survey and land classification requirements referred to, are found herein in chronological order.

Sec. 9. [Appropriations authorization.]—There is hereby authorized to be appropriated for construction of the works authorized by this Act not to exceed $18,274,000, plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indices applicable to the types of construction involved herein. (74 Stat. 1027)

EXPLANATORY NOTES

Not Codified. This Act is not codified in the U.S. Code.

Legislative History. S. 1092, Public Law 86-787 in the 86th Congress. Reported in Senate from Interior and Insular Affairs

Apr. 7, 1960; S. Rept. No. 1239. Passed Senate Apr. 11, 1960. Reported in House from Interior and Insular Affairs Aug. 30, 1960; H.R. Rept. No. 2202. Passed House, amended, Aug. 31, 1960. Senate agrees to House amendments Sept. 1, 1960.

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COLUMBIA RIVER TREATY

Treaty with Canada relating to cooperative development of the water resources of the Columbia River basin. (Signed at Washington January 17, 1961; ratification advised by the Senate March 16, 1961; ratification by the President March 23, 1961; effected by exchanges of Notes and Protocol signed at Washington January 22, 1964, and at Ottawa September 16, 1964; proclaimed by the President September 16, 1964; 15 U.S.T. & O.I.A. 1555; T.I.A.S. No. 5638).

The Governments of the United States of America and Canada 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 other 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; (e) "consumptive use" means use of water for domestic, municipal, stockwater, irrigation, mining or industrial purposes but does not include use for the generation of hydroelectric power;

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(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 the United States of America or Canada 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;

(1) ❝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;

(0) "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 or 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 acre-feet of storage usable for improving the flow of the Columbia River.

(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

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COLUMBIA RIVER TREATY

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

Development by the United States of America Respecting Power

(1) The United States of America shall maintain and operate the hydroelectric facilities included in the base system and any additional hydroelectric facilities constructed on the main stem of the Columbia River in the United States of America in a manner that makes the most effective use of the improvement in stream flow resulting from operation of the Canadian storage for hydroelectric power generation in the United States of America power system.

(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

Operation by Canada

(1) For the purpose of increasing hydroelectric power generation in the United States of America and Canada, Canada shall operate the Canadian storage in accordance with Annex A and pursuant to hydroelectric operating plans made thereunder. For the purposes of this obligation an operating plan if it is either the first operating plan or if in the view of either the United States of America or Canada it departs substantially from the immediately preceding operating plan must, in order to be effective, be confirmed by an exchange of notes between the United States of America and Canada.

(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)

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1563 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 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 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 affects 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 at such other place as the entities may agree upon, the downstream power benefits to which Canada is entitled, less

(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.