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 j=' /APPLIED IIVMGE 
 
 ■6')i Cjst Mu,ri Sti-eet 
 
 '^ocKester, Ne* ''ork 1*609 USA 
 
 ■^'6) 482 - 0500 - Phone 
 
 ' '16) 288 - 5989 - Tax 
 
! 
 
 I ' ^ 
 
 r 
 
 
 INTERNATIONAL JOINT COMMISSION 
 
 REPORT 
 
 IN THE matte:, of 
 
 THE APPLICATIONS OF THE MICHIGAN 
 NORTHERN POWER COMPANY 
 
 AND 
 
 THE ALC..A STEEL CORPORATION 
 LIMITED 
 
 FOE APPROVAL OF DIVERSION OF WATER, 
 
 CONSTRUCTION OF COMPENSATING WORKS, 
 
 AND PLANS THEREFOR, IN THE ST. MARYS 
 
 RIVER AT SAULT STE. MARIE 
 
 iTH 
 
 i.'tpartment of Transport 
 
 lAWh, Zl^ 
 
 WA8HINGT0K 
 
 GOVEBNMKirr PBINTIWQ 01»I0B 
 
 VU 
 
ht 
 
 ■♦I 
 
 National Library 
 o( Canada 
 
 BibMotMqua natlonala 
 du Canada 
 
 INTERNATIONAL JOINT COMMISSION. 
 
 CANADA. 
 
 TH. CHASE CA30RAIN, K. C, CtalrniOB. 
 HENRY A. POWELL, K. C. 
 CHARLES A. MAGRATH. 
 
 LAWBtNCi I. BCEFEI, St'.rttary. 
 
 2 
 
 UNITED STATES. 
 
 JAUES A. TAWNEY, Cteirman. 
 OBADIAH GARDNER. 
 R.B. GLENN. 
 
 Whitibkad Kluttz, Swrrfary . 
 
 /Ol23i 
 
/ 
 
 lUei.artn»iu ot Iranspa- 
 
 nrmifATioNAL joint commission. 
 
 REPORT IN THE MATTER OF THE APPLICATIONS OF THE 
 MICHIGAN NORTHERN POWER CO. AND THE ALGOMA STEEL 
 CORPORATION (LTD.), FOR APPROVAL OF DIVERSION OF 
 WATER, CONSTRU(mON OF COMPENSATING WORKS, AND 
 PLANS THEREFOR IN THE ST. MARYS RIVER AT SAULT 
 STE. MARIE. 
 
 The applicationa as amended are on behalf of two dbtinct com- 
 panies, the Michigan Northern Power Co., a corporation organized 
 under the lawa of Michigan, and the Algonia Steel Corporation, Ltd., 
 organized under the laws of Ontario. Each seeks the approval of a 
 proposed diversion of water, and of the construction of compensating 
 works, on its own side of the St. Marys River. The minimum amount 
 of water available for power de\relopment in excess of that reqiured 
 for navigation is stated to be approximately 60,000 second-feet. 
 Of this amoimt, one-half or 30,000 second-feet is available for use 
 on the United States side, and an equal amount on the Canadian 
 side of the river. The Michigan Northern Power Co. has applied to 
 the Secretary of War of the United States for a lease of 25,000 cubic 
 7eet per second, the balance available on that side of the river hav- 
 ii^ already been leased to the Edison-Sault Electric Co. On the 
 Canadian side, the Algoma Steel Corporation, Ltd., asks for approval 
 of the diversion, either by itself or the Province of Ontario, of 30,000 
 cubic feet per second. Both applicants, in addition to the above 
 quantities of what is designated as "primary water," ask for a fur- 
 ther diversion of water intermittently available, known as "second- 
 ary water," not to exceed 5,000 cubic feet per second. 
 
 The compensating works for which approval is asked are designed 
 to offset the diversions of water contemplated in the two applica- 
 tions, and are to be so operated as to maintain the level of Lake 
 Superior as nearly as may be between levels 602.1 and 603.6 above 
 mean tide at New York, according to the system of levels estab- 
 lished by the United States Government in 1903. (All subsequent 
 statements as to water levels are to be understood as referring to this 
 datum.) The plans for these compensating works attached to each 
 application are identical. They consist of a dike running parallel to 
 the international bridge and about 150 feet therefrom on the upper 
 
 3 
 
4 COMPENSATING WORKS IN ST. MABY8 BIVEB. 
 
 Me Of the stream, and 10 slmces or movable gates, the whole ext^nd- 
 ^ northward from the UniUMl States Govern.n.nt ^^^^P^^^ 
 Rer No. 4 of the international bri<lge, across the boundary to the 
 Cladinn shore. The dike is to be 225 feet .u kngth. Of the 1^ 
 sluices 8 arc to be built by the Michigan Northern Power Co., and 4, in 
 add Sn Z the 4 already in place, by the Algoma Steel Corporation 
 lomo confusion developed in the coun.c of the t«*timony by reason 
 ofThe fact that the approval asked for by each appb. ^nt was for that 
 porUon only of the complete work which would he on ite own^de 
 of the international boundary, and that the exact location of the 
 boundary had not yet been feed by the Int<>niationa Waterways 
 Commission. It has been asMuned for the present that 8 of the 16 
 sluices x^ill be located in the United States waters and 8 in Canadian 
 waters. - 
 
 The original appUcation on the United States side was made by 
 Clarence M. Broln. receiver of the Michigan Lake SuP«"«;P«J«J 
 Co., a corporation oi^anized in 1898 under the laws « the » «te of 
 Michigan, and is for the approval of proposed lease with the Umted 
 StatJ, and of diversion of water, construction of compensating works, 
 and plans therefor, and all acta authorized m said lease 
 
 The appUcatioa set^ forth the power conferred upon the company 
 under the terms of act No. 39 of the Legislature of the State of Michi- 
 gan 1883, which powers are substantially the right to build a canal 
 Tc'ail from a point above the Falls of the St. Marys River m he 
 city of Sault Ste. Marie, Mich., to a point on said river below the 
 Falls, within the Umits of said .ity, the development and sale of water 
 power, and the right to divert water from the St. Marys River into 
 ftepower canal upon obtaining the consent of the Board of Super- 
 vkors of Chippewa County, Mich., which consent was duly obtamed 
 on the 10th day of October, 1898. Pursuant to the authority so 
 conferred the company constructed a power canal with the nec^sary 
 works appurtenant thereto, substantially m accordance with the 
 plan attached to the present application. 
 
 n. 
 
 Under the terms of "An act making api opriation for the construc- 
 tion, repair, and preservation of certain public works on nvers and 
 harbors, and for other purposes," 1902, O^ngress ^^^^-^^t^j;^^: 
 pany ykth the consent of the Secretary of War ai:d the Chief of Engi- 
 Li, to divert water from the St. Marys River into its water-power 
 canal "while and so long as such works and diversion of water from 
 said ri-er shall not injuriously affect navigation therein, nor impair 
 or diminish the water levels, or any natural increase thereof, either 
 
COMPENRATINO WORKS IN BT. MABYB RIVEB. 5 
 
 in Lake Superior ..r in the United SUteii Ship Canal and lock., or 
 the navieable channels, locks, or ship canab connected therewith, 
 whether natural or artificial, now existing or which may hereafter 
 be estubUshed or -reated by the Uniteil States for navigation pur- 
 poses." The c.mpany was furtaer required to "establish, maintain, 
 aad operate suitable and sufTuient remedial and controlhug works 
 in he rapids of said river subject U. the approval of the Secretary 
 of War ami the Chief «»f Enginct It was further r«H,uimi to 
 
 maintain and operate the canal ana works "in accordance with any 
 rules and regulations that may hereafter bo recommended by any 
 international commission and that shall become operative. 
 
 Pursuant to the provisions of the above act the ^ocretary of ^ar 
 and the Chief of Engineers duly approved of the proposed canal and 
 remedial works, and consented to the diversion of ^ater, upon certain 
 conditions set forth in a permit dated December 12, 1902. 
 
 III. 
 
 By act of Congress approved March 3, 1909, entiUed "An act to 
 provide for the repair and maintenance and preservation of public 
 works on rivers and harbors, and for other purposes, that part of 
 the act of 1902 authorizing the works of the company was amended 
 by adding, among other things, the following: "The right to the flow 
 of water, and riparian, water power, and other rights, now or hereafter 
 owned by the United States, in the St. Marys River m Michigan shaU 
 be forever conserved for the benefit of the Government of the United 
 States, primarily for the purposes of navigation and mcidentaUy for 
 the purpose of having th« water power developed, either for the 
 direct use of the United tut*'., or by lease or other agreement, 
 thn)ugh the Secretr-v of War. Provision was ma ^ for a just 
 and reasonable co. pensatiop for he use of all vv. J'^^^^ 
 power now ur her- .Iter own*.! in s H. ^r ^rys River by the Umted 
 States." It was further provi.ie«l u "under no circumstances shall 
 any rights be granted in said riv. wtonh will i' terfere with the needs 
 and uses of navigation, or which ^ limii i . ai«olute control of 
 
 said land and waters when iosii 
 the United States, or for a longer 
 Attached to the apphcation is a 
 issued under the terms of the act 
 introduced during the course of the i 
 later. The draft lease in its original f « 
 is to have for a period of 30 years, sut 
 emment of the United States to diniini 
 
 rpuses of navigation by 
 
 lan thirty years." 
 
 .( the lease proposed to be 
 
 •909: Certain amendment 
 
 •eedings will be referred to 
 
 provides that the company 
 
 • to ? he right of the Gov- 
 
 t Kt\y '^imft iM»d for any 
 
 period and by any amount the quantity 
 use for power purposes, a continuous flow < 
 
 wtktm available for it« 
 from the St. Marys 
 
COMFEN8ATINU WORKS IN ST. MABY8 HIVER. 
 
 River alMtvo the rapulH "in hucIi (|uautity to n mHximurn daily 
 flgp-cpfttc at tho av«Tajr« rati* of LTj.lKM) ciibii- feet pw mojoikI an shall 
 froMi tiino to tiiuo ht» nwiiiircd by th« Uwmoo"; that tho lompatiy 
 is to build in tho rapids of th«^ St. Marys Uivor "Hiich conipiiisati ^ 
 and rpin«Mlial works as may bti iioi'«>8aarv for the nnisimablo «'ontrol 
 of tho level of Lake Superior or for the - ifety of navigation atcordiiiK 
 to plans submitted to the lessor by the hnsee and approved by the 
 lessor." These plans show the work in fpiestioti as a dike about 575 
 feet ioiiK, and 10 sluictw or movable K'ltes (4 of which have already 
 l>eon built on the ("amidian side) each alxtut .')2 feet wide, extending 
 from tho United States (Jovernment «like north to the Canatlian she". 
 The application is for approval of so much of tht»so works as will lie 
 on tho United States siihi of tiie lM)un(; y. On March 5, H)14, 
 certain modifications of the orifjinal plans were approved by tho War 
 Department, ehminntinf,' al)out ■'}.')() feet of the dike and providing 
 additional gattw, of wliich S it is stated will l)e on the United States 
 side an<l 8 «»n the Cana(han side of tin- into;: utional boundary. 
 However, as the l)«)undary in the St. Marys River has not yet been 
 definitely market!, it is not possible to state positively what propor- 
 tion of the proposed compensating works will bo in Canadian ami 
 what proportion in United States territory. 
 
 The draft Iciise provides tliat tlie total cost of tlie compensating 
 works on the I'nited States side of the river is to be borne in the first 
 instance by the Michigan Northern Power Co., which is to be reim- 
 bursed by the Government with interest at 5 per cent per annum, 
 such reimbursement to be matlo by deducting tho amount out of 
 water rentals as they accrue from time to time. Tho cost of nuun- 
 tenance and operation of the compensating works is also to be bonie 
 by the company and repaid from water rentals in the same way. 
 Upon the repayment in full of the entire cost of the works, with 
 interest as provided in the lease, the comj)ensating wor'^* are to 
 become the property of the (iovenimont. 
 
 The company is re(}uired, on or before t)ie completion of the com- 
 pensating works, to proceed to repair and strengthen its power house 
 and fore bay so that they will be capable of handhng the quantity 
 of water leased with the greatest head at which it can be delivered 
 by the water-power canal. Until the fore bay and power house are 
 strengthened, and the compensating works completed, the company 
 is permitted the use of not more than 15,000 cubic feet of water per 
 second, or such portion thereof in excess of 10,500 cubic feet per second 
 as will be equivalent to the amount of flow in the rapids obstructed by 
 the works in place from time to time. At the same time the company 
 is required to discharge tlirough its water-power canal and plant 
 such surplus amounts as may be necessary from time to time for 
 the purpose of restraining the undue rise of water in Lake Superior 
 
C0MPEN8ATIN" WOBKB IN BT. MABYl MVKB. 7 
 
 aud ussisting in the rofrtilatioii of ite level in the interest of navigAtion. 
 The company, pending the completion of the compensating works 
 anil the strengthening of the fore bay and power house, is to pay the 
 G vemment a mo.itlily iiiitiil for use of water at lie rate of $1,000 
 per annum. After the completion of the woriu, as above mentioned, 
 the company is to pay rental ai the lat^J of $2.60 per cubic foot of 
 primary water per set-ond per year If secondary water intermit- 
 tently available is asked lor by the company, it is to pay for the use 
 of such secondary water at the rate of $1 per cubic loot per second 
 per year. 
 
 The appUcation, as originally fded, is for approval of the lease 
 referred to above as well as of the accompanjring plans, also for 
 approv ' •* construction and operation of the works in accordance 
 
 with '/ . ^ submitted and as provided in the lease, and the diver- 
 
 sion th' ^ . the power canal and the use in the power house prop sed 
 to be built by the company of the waters to the extent and in the 
 manner provided in tho lo.ise. 
 
 The appUcation was transmitted to the commission on June 14, 
 1913, by the United States S*3cretary of State ''for consideration 
 and action," and the accompanying letter from the War Department 
 states that "action by the War Department will be held in abeyance 
 pending a report of the action taken by the commission." On 
 November 22, 1913, the State Department communicated a letter 
 from the Secretary of War concurring in the views of the commission* 
 that a{)proval by the War Department should precede action by the 
 commission, and transmitting a set of the plans filed in connection 
 with the appUcation, on which had been indorsed the approval of the 
 Chief of Engineers, as weU as that of the Secretary of War. 
 
 On October 7, 1913, the Michigan Northern Power Co. petitioned 
 to be substituted as applicant in the place of Clarence M. Brown, 
 receiver of the Michigan Lake Superior Power Co., and an order was 
 issued by the commission to that effect. 
 
 IV. 
 
 A copy of the original appUcation was trarsmiited to the Govern- 
 ment of the Dominion of Canada on July 2, 191:5, and « statement 
 in response, dated August 28, 1913, was filed on behalf < that Gov- 
 ernment. This statement, after discussing various features of the 
 appUcation and of the proposed lease, submits that any approval 
 of the appUcation or any part thereof should be made subject to the 
 f oUowing conditions : 
 
 1. Such modifipations as may be necessary or desirable to render the character ol 
 %e compeoaating and remedial works and the operating provisions of the draft lease 
 amply sufficient to protect the interests of navigation at all points, both under normal 
 conditions and under such abnormal conditions as can be foreseen. 
 
8 
 
 COMPENSATINQ WORKS IN ST. MARYS BIVEB. 
 
 2 Complete regulation of the whole flixcharge of the river. 
 
 3 The establiHhment of suitable rules to govern the regulation of the levels of Lake 
 Superior and the level of the river below the rapids within such limits as may be 
 found expedient, with provision for such changes as may be<ome ne<essar>' or desirable 
 from time to time. 
 
 4. An appropriate system of joint control. 
 
 5. An agreement or agreements capable of enforcement for the completion of the 
 whole works within a specified time after request, 
 
 6. An estimate of the total amount of water available for power purposes, computed 
 after complete investigation. 
 
 7. Provision that the diversion in whole or in part of one-half of such eetimatea 
 amount by either country shall be subject to the mutual right of the other country, 
 to the other one-half, and that any diversion is subject tx) the amount now or hereafter 
 required by both countries for navigation, locking facilities, and the like. 
 
 8. Approval and protection of the right of Canadian interests to create means of 
 diversion for one-half of the water available for power development. 
 
 9 Such further or other conditions as after further investigation of the subject 
 matter of the application may be found proper to submit to your honorable commission. 
 
 V. 
 
 In October, 1913, the Michigan Northern Power Co. filed its state- 
 ment in reply to the statement in response of the Government of 
 Canada. The company in its reply substantially agrees to the prin- 
 ciples embodied in the proposed conditions suggested on behalf of 
 the Government of Canada, but submits that the provisions of the 
 draft lease amply protect the interests of navigation, and that the 
 right of Canada to the use of one-half of the water available for power 
 development should be based upon an appropriate application on 
 behalf of Canadian interests rather than made a condition of the 
 approval of the application of the Michigan Northern Power Co. 
 
 VI. 
 
 A statement in response, dated November 3, 1913, to the original 
 application, was filed on behalf of the Province of Ontario. The 
 statement sets forth that the Province of Ontario is the owner of 
 the bed of the St. Marys River and of the water power and waters 
 thereof on the Canadian side of the international boundary, and that 
 it intends to utilize one-half of the water of the river which may be 
 available for the development of power. It asks that approval of 
 the application be conditioned upon a definition of the term "primary 
 water" as "that portion of the outflow from Lake Superior which 
 shall be considered as being continuously and permanently available 
 for power purposes" ; on the limitation of the amount of such primary 
 water to ()0,000 cubic feet per second, of which amount 30,000 cubic 
 feet per second is to be permanently available for use in Canada, and 
 an equal amount for use in the United States; on an agreement on 
 the part of the United States that "under no circumstances at any 
 
 i^p^mM 
 
 mm 
 
COMPENSATINC. WORKS IN ST. MABY8 BIVER. 
 
 9 
 
 time hereafter will the I'nited States itself use for power pu-^poses, or 
 allow the use for power purposes, on the part of its lessees or others, by 
 diversion or any other means in either case, of an aggregate of more 
 than 30,000 cubic feet per second of primary water flowing out of 
 Lake Superior bv way of the natural channel of the St. Marys River, 
 or by way of any art ificial raceways, canals, or channels which may 
 now or in the future exist, in. along, or in the vicinity of the St. Marys 
 Rapids"; and, finally, on certain changes in the layout of the remedial 
 
 works. 
 
 The changes proposed in the remedial works make the statement in 
 response tc^that extent e<iuivalent to an original application, and 
 dealing with this feature at the Washington meeting, the chairman 
 (Mr. Tawney), said: 
 
 The statement in responBe on behalf of the Province of Ontario is in the nature of 
 an original applieation for approval by the commLssion of an obstruction and use of 
 part of the waters of the St. Mary.-. River at the Sault wholly different and apart from 
 the obstructions contemplated in the application of the Michigan Northern Power Co., 
 or in the application of the Algoma Steel Corporation (Ltd.). 
 
 It is true the proposed obstruction and use on the part of the Province of Ontario is 
 presented under the rules of the commission in its statement in response to the applica- 
 tion of the Michigan Northern Power Co., but the commission is asked by the Province 
 to include as a condition of its order of approval, the approval of its proposed obstruc- 
 tion and the plans submitteti therefor. But this does not change the fact that it is an 
 application for our approval of a r 'Poscd obstruction in the St. Marys River— a 
 boundary water. If, therefore, the commission should grant the prayer of the Province 
 of Ontario, we would thereby create and grant to it an affirmative right to construct 
 and maintain its proposed works, and this the commission has not the power under 
 the treaty to do as a condition of it« order of approval of another application. The 
 power of the commission under the treaty to impose conditions precedent in granting 
 its approval of any application is limited to matters wholly negative, such as requiring 
 protective works, in addition to those proposed by the applicant or indemnity for 
 injury on either side of the boundary that can not be compensated for by additional 
 protective works. ,. . , i 
 
 To consider the condition proposed by the Province as a condition of our approval 
 of either application would, therefore, in effect, be granting its application for an 
 obstruction in these waters independent of the obstruction contemplated under either 
 of the other two applications. This could not be done for another reason, which is 
 that the obstruction proposed by the Province of Ontario is not authorized by the 
 Dominion Government as required by the treaty, nor are the plans under which the 
 proposed obstruction is to be erected finally approved by the proper authorities of the 
 Dominion Government. • • * If any additional obstruction of the waters of the 
 St. Marys River is hereafter proposed that would in any way affect the levels of Lake 
 Superior, it would have to be on an original application. 
 
 VII. 
 
 Under date of January 27, 191 !, the Michigan Northern Power Co. 
 
 filed its statement in reply to the statement in response of Ontario. 
 
 The company agrees .o the definition nf "primary water" : objects to 
 
 the arbitrary limitation of the amount to 60,000 cubic feet per second; 
 
 51205—14 2 
 
10 
 
 COMPENSATING WORKS IN ST. MARYS BIVER, 
 
 and objects to any question as to tho i'(|ual tUvisirin di such primary 
 water l)otwoon the two countries being made a condition to the 
 approval of its application. 
 
 VIII. 
 
 In February, 1914, a brief was filed on behalf of the Government 
 of the United States; also statements in reply to the statements in 
 response of the Dominion of Canada and the Province of Ontario. 
 The brief sets forth among other things that the I'nited States "has 
 lawfully acquired the ownership and possession of all the lands and 
 property of every kind and description in and along the rapids of the 
 St. Marys River, north of the St. Marys Falls Ship Canal throughout 
 its entire length, and lying between the said ship canal and the inter- 
 national boundary at Sault Ste. Marie, Mich."; and that, in addition 
 to the ownership of the lands, both upland and subaqueous, and other 
 property acquired as aforesaid, it is "vesteil with the control of all 
 the waters flowing in the St. Marys River within its own domain, and 
 with the right to appropriate and use such waters subject and in con- 
 formity to existing treaty limitations and obligations, in any lawful 
 way and for any lawful purpose"; that Congress has enacted that 
 the rights of the United States to the flow of water in the river "shall 
 be forever conserved, primarily for the purposes of navigation, and 
 incidentally for the development of power," and that the Secretary of 
 War is vested with authoi ly to lease for power purposes any surplus 
 water over and above the amount required for navigation; that a 
 lease has heretofore been executed for the use of approximately 5,000 
 second-feet, leaving a minimum of approximately 25,000 second-feet 
 available; that the applicant herein has applied to the Secretary of 
 War for a lease of so much of the surplus water belonging to the 
 United States as he may be willing to grant ; that under the terms of 
 the treaty proclaimed May 13, 1910, the "lease project" requires the 
 approval of the commission ; that the compensating works, if author- 
 ized and built, will be located wholly in American waters, on land 
 belonging to the United States, their construction although intrusted 
 to the company will be supervised by the Government of the United 
 States, the cost ultimately borne by that Government, and the works 
 themselves would eventually become the property of the United 
 States; that therefore, although the application is by a private cor- 
 poration, the Government of the United States is vitally interested 
 therein and would naturally protect its own interests, and that the 
 main question for consideration by the commission is "whether 
 diversion of water may be made and whether the proposal compen- 
 sating works can be built and operated without injury to the interests 
 of Canada." The liope is i'X[)ressed that the commission "would 
 recommend the joint control of the regulating works and establish at 
 
COMPENSATING WORKS IN ST. MAEYS RIVEB. 
 
 11 
 
 least a basis for the formulation of tentative rules for such control," 
 and that the formulation of tentative rules for the cons.Jeration 
 of the commission, and the subsequent joint control of the works, 
 should be in the hands of "duly authorized representatives of the 
 two Governments." 
 
 In reply to various objections offered in the statements in re- 
 sponse, it is alleged on behalf of the United States that the present 
 plans are adequate to care for the maintenance of levels in the lower 
 river; that to avoid any undue delay in the execution of the works 
 the lease has been revised so as to provide for their completion within 
 a period of about three years; that the suggested definition of the 
 term "primary water" is satisfactory to the United States, subject, 
 however, to the right Of the United States and the Dominion of Canada 
 to use any of the water of the river for navigation, or for other prior 
 uses, such as domestic and sanitary purposes; that while objection 
 is seen to fixing the amount of primary water at 60,000 second-feet, 
 "it is manifest that the minimum amount that will be available for 
 power purposes at any and all times will be the minimum river dis- 
 charge diminished by the amount needed for navigation," and "i\is 
 latter amount will change from time to time with the improvements 
 made in the interests of navigation and likewise with the seasons of 
 the year"; that the Government of the United States is not willing 
 to fLx definitely and for all time the specific quantity of water to be 
 used, but seeks only the right to use one-half the total amount 
 available. 
 
 In regard to the terms of the treaty providing that "the high 
 contracting parties shall have each on its own side of the boundary 
 equal and similar rights in the use of the waters hereinbefore defined 
 as boundary waters," and the effect thereon of the Senate resolution 
 appended to the treaty, it is stat«d on behalf of the United States 
 that "since this treaty, as thus amended, was adopted and pro- 
 claimed, the Government of the United States has come into posses- 
 sion and ownership, in fee simple, of all the lands and property of 
 every description, including the submerged lands, and the waters 
 flowmg over them, on its side of the international boundary line. 
 This, it is understood, virtually meets the spirit and intent of the 
 Senate resolution, and removes the restriction imposed by it on the 
 treaty, so that the foregoing original provision with respect to an 
 equal division of water applies to the St. Marys River as well as to 
 other boundary streams. The relative rights of the two countries 
 in the division of these waters being thus fixed by the treaty itself, 
 the question is n ^ vvithiu the jurisdiction of your honorable com- 
 mission. Each Government has the right to tlie use and enjovment, 
 on Its own side of the boundary, of one-half of the waters "of the 
 
12 COMPENSATING WORKS IN ST. MAKYS RIVEB. 
 
 river but each must so exercise its right as not to invade or impair 
 that 'of the other. The United States tlesircs o.Hy to exercise its 
 right to use its half of the waters available for power purposes in 
 accordance with this principle, and no objection will be made to a 
 similar exercise by the Dominion of Canada of its right in this regard. 
 Any order or recommendation which your honorable commission 
 may conceive t« be appropriate and necessary to secure to each 
 Government the full use an.l enjoyment of its property will be 
 cheerfully complied with." . , o u x 
 
 In conclusion it is suggested on behalf of the Un.led States that 
 to any sanction which the commission might see fit to give to the 
 building of the proposed compensating works, conditions should be 
 attached which would— 
 
 (a) Fix a. nearly as may be the levels between which it may be d^irable to endeavor 
 to maintoin the level of Lake Superior. 
 
 (6) Provide for the proportional redu.-tion of the amounts of waUr used for power 
 purpoee« on both nides of the boimdary line in ca.e the comiH3U«atmg works as built 
 fail to maintain the lake l-'vel at or above the lower liimtmg figure. 
 
 (crP^ovide lor the modifuation of the works in ca-e they fail to prevent the undue 
 
 "Trff P?ovide''fortl!ejoint control and cperation of the compensating works built on 
 both sides of the international boundary, subject to the approval of the proper authori- 
 ties of the two Governments concerned. , , t» • • * 
 T.rProvide for a proper division between the United States and the Dommion of 
 C^ada of the ca«t of a-certuining the water levels affected by the couipensatmg 
 works and the cost of maintaining and operating Uiese works. 
 
 IX. 
 
 Tender date of October 7, 1913, the Algoma Steel Corporation, 
 or<^anized in 1907 under the laws of the Province of Ontario, filed an 
 appUcation for the approval of the construction of compensa mg 
 works in the St. Marys River at Sault Ste. Mar.e. This apphcation 
 was transmitted to the commission by order m council of Januery 10 
 1914 "for consideration." On March 5, 1914, an order in council 
 was passed approving of the plans of the Algoma Steel Corporation, 
 subject to the following conditions: 
 
 1. That the company shall furnish legal evidence that it has the right to use the 
 
 "*: tull^ttr'the works and the dischar.es on the Canadian side of the boundan. 
 lin'e is to be vested m the department of pub-ic works, or ^« directed by the Inter- 
 national Joint Commission, and all expenses for upkeep of the works are to be borne 
 
 'V'ThTtrworks shall be completed on the Canadian side of the bound-^ line 
 v-ithin three vears from the dale of the approval of the plans 
 
 4 That the Government of the Dominion of Canu. . n.ay Ukt ovc-r the work^ on he 
 cldil "de of the boundary line at ^y time, on terms to be arranged between the 
 company and the Government, or by expropriation. 
 
 ' ' /?:^^; .^]!g"^' 
 
COMPKNSAiixNG WOBKS IN ST. MARYS RIVER. 
 
 18 
 
 5 That the Provincial Government of Ontario may at any time make such altera- 
 tion, and additionn to the work- on the Canadian ride »'/*'", ^°"'"*ri^„w„*, Z 
 own co«t, as may be ralle<l for in connection with the developmen of Power m 
 shown on the plan submitted with the Ktatement in response on behalf of the Province 
 of irtlri^ dated November 3, 1913, which wa« filed with the International Jomt 
 Commission when the matter was before the commission. 
 
 The application sets forth that tho Algoma Steel Corporation is 
 the owner of certain compensating works in the bed of the St. Marys 
 River consisting of a crib and rock and earth iill dam above the 
 tenth 'span "^ ^^-^ international bridge, and of four steel sluice gates 
 opoiated between masonry piers above the ninth span oi tho said 
 bridge all on the Canadian side of the river; that it is propose^d to 
 construct additional compensating works extending southerly frrm 
 the csent works practically to the international boundary, to Cor- 
 respond in design, size, and character of construction ynth and to be 
 locatod exactly opposite to the compensating works proposed to 
 „o constructed by the Michigan Northern Power Co. 
 
 The plans accompanying the application are identical with those 
 of the Michigan Northern Power Co. as originally filed, which, as 
 already stated, provide for a dike of approximately 575 fe^t, arid a 
 series of sluices or gates 10 in number, of which 4 on the Canadian 
 side of the boundary have already been built. These 4 gates are 
 above the ninth span of the international bridge. Approval is asked 
 of the construction of the proposed works and of the plans therefor 
 attached to the appUcation. 
 
 X. 
 
 The Michigan Northern P(.wer Co. filed on March 5, 1914, a state- 
 ment in response to the above appUcation. The respondent sub- 
 stantially asks tluit approval of the compensating works proposed 
 to be built on the Canadian side of'the St. Marys River by the Algoma 
 Steel Corporation should be subject to the following conditions: 
 
 That the same rules and regulations and the same methods of joint control should 
 apply to these works as to those proposed to be built on the United States side of the 
 river; that the Canadian works should be maintained in such manner that there would 
 be no impairment in their discharge capacity for regulating purposes; that any modi- 
 fications ii plans of the works on the United States side made necessary for the 
 due maint e of water ievels should be accompanied by corresponding modifica- 
 
 tions in the ^.ans for the work , on the Canadian side; and that in the event of the 
 proposed compensating works on the two sides of the river faiUng to maintam lake 
 levels or the levels and flow of the St. Marys River in accordance with any rules and 
 regulations established by the commission, "such alterations in or aduitions to the 
 proposed compensating works on the Canadipn side be required to be made as will 
 equitably divide tlie burden of sucn maintenance of levels and nver flow between the 
 interests on the Canadian side and the ' ntereste on the American side of the interna- 
 tional boundary." 
 
14 
 
 COMPENSATING WORKS IH ST. MARYS RTVEB. 
 XI. 
 
 On March 10, 1914, the Algoma Stei-l Corporation moviul for leave 
 to amend its application by addinp thereto a request for the approval 
 of divereion of water from the ht. Marys River "to an aggregate 
 maximum ncluding the amount of water heretofore permitted of 
 30 000 cubic feet per second, and in addition thereto of a further 
 flow of water that may be intermittently available 'or power purposes 
 up to an aggregate maximum of 5,000 cubic feet per second." On 
 April 7, 1914, tlie application was further amended us follows: 
 "Provided that nothing lierein sliall be so construed as to prejudice 
 the Piovince of 'ntario or any riglit it now has in snid nv(>r or in 
 the obstruction and use of the watere therein on the Canadian side 
 of the boundary. Nor shall this order prejudice the government 
 of Ontario or any pereon or company in any apphcation it may 
 hereafter make for the construclion i-f any works in the river." 
 
 xn. 
 
 The United States Department of State on March 16, 1914, com- 
 municated to the commission a letter from the Secretary of War 
 approving certain changes in the original plans of the Michigan 
 Northern Power Co. designed to harmonize tliem with those of the 
 Algoma Steel Corporation, and generally to consolidate the two 
 projects; and on April 7, 1914, the Micliigan Northern Power Co. 
 petitioned for leave to amend its application so as to substitute 
 the amended plans as approved by the Secretary of War for tnose 
 filed ^vith the original apphcation, and for leave to withdraw the 
 request for approval of the lease. 
 
 The two applications may now be regarded as one for a complete 
 structure across the river, the cost of that portion south of the 
 intenational boundary to be defrayed by the United States interests 
 and of that portion north of the boundary by the Canadian interests. 
 The amended project is for the construction of compensating works 
 by the Michigan Northern Power Co. ai.d the Algoma Steel Corpora- 
 tion these works as already stated to consist of a dike approxi- 
 mately 225 feet in length, and 16 sluices or gates, the whole 
 extending in a northerly direction from the United States Govern- 
 ment dike to the Canadian shore. 
 
 XIII. 
 The commission has held two hearings in connection with the 
 applications, the first in the city of Detroit on March 9 and 10, 1914, 
 and the second in the city of Washington on AprU 7, S, and 9, 1914. 
 At the Detroit meeting the following appearances were entered: 
 Hon. Nathaniel C. Sears and Mr. Edward S. Whitney, of Chicago, 
 lU., and M-. aarence M. Brown, of PhUadelphia, Pa., representmg 
 the Michigan Northern Power Co. 
 
COMPENSATING WOEKS IN ST. MAEYS WVER. 
 
 15 
 
 Mr Thomas Gibson, of Toronto, Mr. Henry Holgate, of Montreal, 
 and mI K W. Pe^ry, of Sault Ste. Marie, representbg the Algoma 
 
 ''Sl'^Grge'w: Koonce, of Washington, D. C, and Lieut. Col 
 M^nM Patrick. Corps of Engineers, United States Army, of 
 
 ^roit Mich -P--«^VVTt:i^^^^^^^^ chief 
 
 hvd^o^L'^Cr:^^^^^ of 'nt JueT "c'e of Ottawa, .nd Mr. S .. 
 Xl-u' of'the'public works department, Ottawa, representing 
 
 %^';!^:^y^S:S!Lnton, K. C, of Hamilton, Canada, and Mr. 
 H G Acres of Toronto, representing the Provmce of Ontario. 
 
 Mr R H M Temple and H. K. Wicksteed, of Toronto representing 
 thfcanadian Northern Railway and the Duluth, Winnipeg & Pacific 
 
 ^'l^^'tichard L. Kenne<ly, of St. Paul, Minn representing the 
 Chicago St. Paul, Minneapolis & Omaha RaUway Co. and the 
 
 '^SXw:nl aXSof Lansing. Mich., repr 3enting the Minne- 
 
 ""t'^^btl: H.^Jomstock, of Duluth, Minn., vice pr^ident of the 
 Ma^^haU-Wells Fargo Co., representing the Board of Trade of Duluth ; 
 
 fhe Commercial Club of Duluth; the ^^-1-*^' ^^F^ titflnvr 
 RaUway Co.; the Marshall-Wells Fargo Co.; and the Fidelity Invest- 
 
 "m^ '/ra^cif K^ng, of Kingston, Ontario, representing the Dominion 
 Marine Wktu^n.^^ Duluth, Minn., representing the municipality 
 of the city of Duluth, in relation to its waterworks and power sys- 
 tems and other public improvements. .- ^u 
 Mr. S C Young, mayor of Fort WilUam, Ontario, representmg the 
 
 neoole of Fort William. . . , ^ 
 
 ^?n addition to the above, the following additional appearances 
 were entered at the Washington meetmg: 
 
 Hon. WUliam Livingstone, representing the Lake Carriers Asso- 
 
 *" Mr^W. H. Hoyt, Duluth, .vlinn., representing the commercial in- 
 terests of the municipalities of Duluth and Superior. 
 
 Ml!; r F Handy, mayor, and Mr. F. D. McDonald, city engineer 
 of Saalt Ste. Marie. Mich., representing the municipality of Sault 
 
 Ste. Marie, Mich. , g, p , 
 
 Mr. C. N. Kalk, of Minneapolis, Minn., representmg the St. i-aul 
 
 & Sault Ste. Marie Railway Co. 
 
16 
 
 COMPENSATINCi WORKS IN ST. MARV8 BIVEB. 
 
 Mr h T. Michcner, of Washington, D. C ropn^enting the Grand 
 
 "The :::^^^:^:^^^^^^ at Det^it ana W-hington .ugg.ts 
 the magnitude and importance of the interests affected or tha might 
 be Effected bv the construction of the proposed works in the bt. 
 Marys River. " These interests may be divide,! into two great group., 
 navfgation interests and riparian interests. To these must be added 
 the power interests responsible for the applications. The broad 
 problem before the commission is to ren.ler a decision that will do 
 substantial justice to all three. 
 
 XIV. 
 The commission has in fac. before it two distinct Propositions: 
 First a request for water diversion for power purposes, which « 
 p huLrUy for thebeivMit of the applicants; and. secon.ly a requ^t 
 Fo compensatory works, which is essentially in the PU^hc -t-^^: 
 The former may fairly b" considered on its merits. The latter m 
 Lives t^e broad questions of navigation an.l commerce on the Grea 
 Lakes and the protection of public and private property around the 
 Chores o Lake Superior. It niay serve a useful purpose to outbne 
 brSJ the character and extent of these interests, taking them m 
 followhig order: (a) Navigation, (6) riparian, (c) power. 
 
 XV. 
 (a) Navigation and commerce, as here understood, include not 
 only the immense traffic east and west between Lake Superior and 
 the lower Lakes, but also, apart from their riparian mterests, the 
 munVcrpalities around Lake Superior, whose existence depends 
 rgelv upon lake trallic, and the great railway systems and private 
 interests which connect with or are dependent upon that shipping 
 ComTaraUvelv slight changes mi the levels of Lake Superior might 
 work verv serious damage to all these great interests. 
 
 The growth and extent of the traffic tlu-ough the canals at Sault 
 Ste Ma^'emay be appreciated from the fact that the tonnage has 
 
 freight carried increased from 14,503 tons m l8..o to 79,718^44 tons 
 valued at S86.V)57.838, in 1913. The shipping charges on this^mgh 
 in the latter year amounted to $44,380,86.5. or an average cost per 
 L for tans >oitation of S0.56 and the total va uat.n jdaced on 
 reeistered vessels passing through the canals was S142,421,.00. me 
 nef tonnage through the Sault Ste. Marie canals m 1913 was about 
 three times that of the Suez (,'anal. . 
 
 Witlout desiring to go too far afield, it may not be without mterest 
 to note the mpoftant influence of lake shipping on radway rates^ 
 To take H single'instance, in 1912, the last year for which compara ive 
 LbUcs are'avaUable, the average rates per bushel on wheat from 
 
COMPENSAXINO W0BK8 IN BT. MARYS KIVBR. 
 
 17 
 
 Chicairo to New York were, by lake and canal, 6.57 cente, by lake and 
 SSt eel, and by aU rail, 9.50 cente. J^^^-'^lf.^^ '^^ 
 tion in 40 yean. wiU be seen by the figuren for the y^lJ^'^^^f^ 
 were respectively, 24.47 cents, 28 cents, and 33.5 cents. It » a 
 7erouable assum'ltion that the present low water rat« have had 
 lome inHuence in securing the reduction of ra.l ates to 9.60 cenU 
 per bushel. XXVI 
 
 (b) The riparian interests concerned in the proposed works in the 
 St Marvs River are the cities and towns on T.ake Superior Amencan 
 TJcZ^Z,lnMn^ those at the outlet of the lake, and to a ve^r 
 im ted extent those below the outlet, and the railway and other cor- 
 Trations holding ,,ropertv that would be adversely affected by an 
 fnTre Lin tie l^vlls if Lake Superior. Tne ---Pal-^- ^ ^"^ 
 ti,>n have a total population of about 250,000, and the value^of their 
 rabrepropertyis"^ estimated at about $125,000,000^ The most 
 rportun't of thL lake ports are Dulutb, Superior, Fort WiDiam^ 
 Port .Vrtlmr, Mnniuette, Asldund, and the two towns of Sault Ste. 
 Marie The ruilwvy systems more or less directly mterested are: 
 0„"he CWliuu sidl tL Canadian Pacific Railway Co., the C-a<h^ 
 Northern Railway Co., and iho Grand Trunk Pacific Railway Co 
 and on the United States side, the Northern ^-^-^^ ^^^'^"^^^^ ^^,' ^' 
 Mimieapolis, St. Paul & Sault Ste. Marie Radwaj' Co., the Chic^o, 
 St Paul, Mimieapohs & Omaha Railway Co., and the Duluth, Mis- 
 
 sabe & Northern Railway Co. These ^«"^P^>««' "^/i^*,,t!rITort 
 commercial organizations in Duluth, Superior, Fort Wilham Port 
 Arthur, and other lake towns are the owners of docks, warehouses, 
 elevators, and other property on the lake front valued at many mil- 
 
 ^'Thf tSn!^ny offered at Detroit on behalf of the municipaUtiea 
 and railway corporations made it apparent that they were seriously 
 concerned "as to the effect of the proposed works m the St. Marys 
 River on their property. There was a widespread apprehension that 
 the works would have tiie effect of raising the level of Lake Superior 
 to such an extent as to flood docks and warehouses in the towns at 
 the western end of the lake, which in many cases are bmlt with very 
 little margin over the existing level, and that very senous damage 
 would be caused to the drainage system of Fort Wilham, which 
 stands on low-lying land. This apprehension ^^^ *« * ?*^^f /^^"'^' 
 removed by the evidence of the engineers of the Umted States and 
 Canadian Governments, who stated positively that the proposed 
 compensating or remedial works, if approved, would, under the con- 
 templated system of joint control, have a tendency to improve 
 existing conditions instead of making them worse. As « further 
 meanTof meeting the objections advanced by the mumcipahtiee and 
 
 61205—14 3 
 
IS COMPENSATING WORKS IN ST. MABY8 RIVKB. 
 
 Other interest, it was decidcHl at the Detroit nioctinp to postpone the 
 ?ll Sion 'to a later date, and in the -^^^^^^^V^^ 
 
 r Ike Superior These tentative .on<litions wore .•..mmumca ed 
 
 ?n those reZ>Henting-the nu.nicipaliticH and corporations • wUh the 
 
 esl tlat h?y o™^ thenisilves at tlie Washington heanng as 
 
 rntnt^ :!;iv'e J.y objections to the l^oposed w-^-^^^^ 
 
 standing that if approved their operation would be absolutely uniler 
 
 "^^hrSaliretnliitions as submitted to the conimission at Wash- 
 ington are as follows: 
 
 £:; Bluioe gat^s. each o. the ^me size ae ^X't^Z!^^^^^ <"n>'-tiou 
 (2) The work* to he built in the S^ ^^-^^^^^ sLuev ItVe gates and their 
 (Ltd.). it. BU.-oe«..rs or a«.ign.,. ^ :-';^ ^ ^l^TZuL ^ie system is to 
 appurtenances, ea.h pate lo be ab.mt oO f'^^*^'"/ '^^^^ ,f ^ ^ "^'l.i^ ,,^1 with the .mte 
 connect ^vith the sy.tem of four pates already " 1 ^Y„iUl .X .-ondition (1) above. 
 
 Power Co., its aucces«.rs or assigns and U.e "''^';";{;^ ^^ J^.! Slates, or an officer 
 be subject to the approval of the SecreUry of ^^ ar of the L mte<i 
 
 Canada, or an officer duly Je-^g'^^^'l,''^ ^""■, ,- ^, ^,„^„ built and owned by sdd 
 
 ,6) The dike now in P^i^^f -J'^J^^'^^^^^^^^^^ by the said Algoma Steel 
 
 Algoma Steel Corporation (Ltd.) shaU be remo .^ ^^^^^^ 
 
 Con>oration (Ltd.), its successors or ^««^S"«' ^^^j^^^^^^b thisorder 
 
 (7) AllcompensatingworkEheret«fo.^bml and^^^^^^^^ 
 
 of approval and all power canals including *^^\««/^X*^ ^^^^^^^^^ l^ between levels 
 opeLted as to maintain the '^;^f^^^l\^JZ:^:^^ of levels estab- 
 
 602.1 and 603.6 above mean tide ^*^f^. ^^g^'^.'^ i„fuch manner as not to interfere 
 lished by the United States Govem^^^^^^^ ,^^, ^,,,, ,,, ,3 
 
 Tof i^rrrpurpoiS be^underthe direct control of the herd hereiaa.ter 
 
 '^tThf mean elevation of Lake P -penor ^^l^^^ ZTS^^l'^t'^^^^^Z 
 of the readings of at least four automatic g^^f^J^^^'^J^^^.'^J'^^S^^^ combined 
 
 the TTnited States, half by Canada; these ^^"^^^^//^^"^^^oStion of the whole 
 readings will indicate as nearly as may be the mean or average cona 
 
COMPENSATINO WORKS IN 8T. MABV8 HIVEB. 
 
 19 
 
 \ 
 
 contr.l ..( the .-..mpeti^tinf? works luul hen ii«u 
 
 muy miuire. i V„mueer«<-harRed with the imprt-vemeutol the fall. 
 
 (9) Theotticerof theTon^ot Z''"".'"^''" ! i^"^, .,, „(jiccr duly «in"»«te«» by the 
 of the St. Mary. Uiv.r on the ^moncuu ..de md «^. " h j J J »„„„„i,ie „.,e. 
 
 ?a.«diau r...vorumc,a .hall form '; J^-^J.^ 'TcaS. ud their hea.l K^te. and by- 
 undor which the ,.om,>e.i»vt.nB >v..rk« ''''^f^^^'\'^,^,^ regxilution of Uke !<u,.enor 
 
 .UHHes .hull he operatcHl to bo-- .h -arly '^^I'^^l ,„ J^ ^, «.« that any r .e, or 
 L «.t forth herein. It «haU be \'"- " "' '^f^; ^ty are duly obeyed, 
 regulations now or hereafter nv.ule by l'^'^* V'^;'; .J^^^^ suiH,rior. the rulet formu- 
 tio) To guard against un.luly h.gh f ^^'f'; .r^^" i ,,„ditio.u, which existed during 
 
 la ed by the said board, when tented l-y'^e .h>^. al - ^ ^^,^ ^,^^,^^i„„ 
 
 .ny year of ren.rde.i ^^^i::^^;^ZZ;:^y mean level of the lake gn-ator 
 
 of l^ke Superior exceeded (WM 0. snai giv . , ^^ g^ij year. 
 
 In the niaximum monthly mean --''"^ \ ,*^^;^reri7^^^X MaO" ' •'" 
 
 (11) To guard against unduly ''•'^^ bTve haf Ih "u w.,«ld have occu. 
 exce« discharge at any »-«-;7' "^ f ^;;;^^^^^^^ «. tha^ th. elevation 
 stage of Uke Sui>erior ..nor to IHh, shall be rtsm 
 ^Sce immeiliately below t»^« "f -»f ^^^^^^^ ^ti«factory f 
 
 (12) Each power --P-l^^ l^'^f.^^ b'; "t, and shall furnish to th. 
 which wUl show the quantity of water useu uy 
 required, full informati.m from «iid reconI«^ ^^^^ ^ 
 
 (13) At all time« the b.«rd w.U d^»«'"«'"« ;'^'', ™^, ^, educed ^. 1 
 pun.oses. It will cau«, the --^"--^^J^^J^ "'^event unduly low sU, 
 Spilon such reduction, are -^^^^ ^^ tch Jeducti..,.: ProM T. 
 Lake Superior, and wdl "^^ ^^^ ™ the total discharge r 
 
 js?;:i""e::--sr:iri;::Led.^ 
 
 ^Sn!''r:^nipen.,ing works ..nstruHed in ac^^^^^^^ 
 
 approU^, t..gelher with ^^^^^::;^:Z^::^n! f ^hall 
 the regulation of the level "^ f ;,f;P„7^,,t;];^tisfact.,ry to th -oGov. 
 
 Tit) The board herein constituted shall ^^ :;i:;^:U^ ^^ 
 peSduringtheconstnictionofthec,.mpen^tujwo^^^^ 
 
 Tanies to pass through their re«P«ctivx c^ials qua^^- ^ J^^ ^,.^ j,,^,^, 
 
 capacities, or in such other manner '^^ "^f^^^^^"^ ^^e presence of the compensating 
 
 (16) Should ice interfere witU '^'^^ \S*^'\"^^^";hVs difHculty, and may call upon the 
 works, the board shall take ^^'^^'^''1'^^^''^^^;'^^^ puVpoee. 
 
 owners of the said works to do any 7*,X?Sth navigationbe developed K the 
 
 (17) Should currents which ^^^^IV^e o7uie riverthTpower company operating 
 operation of the power works on ^f^'^^'^X^Zr^^^ as its Government may deem 
 -id works .lall alter ^;^:^Z^:^ hy such Government, 
 necessary U, remedy thi= e^ .1 .i^ m » _; ' i^ing all parts of the compensating 
 
 (18) H is recommended tliat the cost '^ "t'^'^f ^^/that this work of mainte- 
 worJ shall be borne by '^I^^^^^^IT^^^^^^^^^ " ^ ''"^ '^T' 
 
 ke 
 
 ;er 
 
 'd. 
 «n 
 
 or 
 
 , it« 
 
 vateri^- 
 
 lienev 
 'ed fh 
 
 ■ o 
 
 .1 
 
20 COMPENSATINO W0BK8 IJJ 8T. B4ABY8 MVEB. 
 
 work, elull bo frurae.1 m, m t.. divide lhi« burdtMi betwe«.n the ownow. J the r..mi«,ncnt 
 purt« nf the entire Hyntem oh nearly m may be in pn.iH,riiou t.. the amount of ,,nm«y 
 wutrr .iHe.1 for iH.wor di.velo,.ment on .>a.l> m.lo of tho i.it.-rtuitioiiul boundary 
 
 (19) Shouhl either or both 0..vernment« acquire title t.. the ...mpenrBtinR worka 
 built in their re.,«rtive terriu.rien, the appn.val of the .onrtnK-tion and ma.uteiiauc* 
 of them. ,on,;.eti«tinK work, by the applicant, .hall inure U. the benel.t of the.r re- 
 (n)e(tive (iovernmei\t .urceHnor.. , , , , i „ „ 
 
 CO) In the event of a <li«»Kreement belw.H.n the member, of thr board herein con- 
 «titute.l with re.,K.<t to the iuteq-retutin,, of the ronditiun. alt«.he<l to tin. order .4 
 approval, or tn the dutie.un.l powor. of ^ui board, or to thedetaiUof the operation nf 
 the rompensititiB work., the que.tion at iwue. up.m the uppli.ation of either (.overn. 
 meat, .hall be referred ! ' i.. <ommi.»ion for it. re.omrm .ulali-.u. 
 
 CD " Primary water •«<! herein «hall be under^to.Kl to mean the amount of 
 
 water which i. .tnu.ou.ly available f.r urn- for iH,wer punrnw.. Se. on.lary water 
 
 .hall b<. underst.K,.! to mean an amount of water, over und above that deM^mated ai 
 primary water, which is intermittently avaiUd)le for une lor power i)un>"«*»- 
 
 XVllI. 
 
 (f) In connection witli the power interests involved in the present 
 applieations it ni.iv he .•onvenient to tnue hi-ielly the histor>- of 
 water n.nv-. ;l. velopit.ent on hoth sides of the St. Marys River at 
 Siiult St. Miirie previous to the prt>sent applicntions. In 188/ tho 
 Edison-Sault Lijrht & Power Co. Uifterwards th.' Kdison-Saidt hlec- 
 tric Co ) was orRanize<l for the purpose of .U'velopinj,' water pr.wer on 
 the .Vnierican side of the river, the adjoining hmds h.mng hcon 
 fte,,uire<l in 18S:i l)y WiUi.uu Cliaudh-r. In ISSN a caiud ahout 
 2 200 feet lon<' was du<; through this property by the Rdison C o., 
 the power tU'veloped. being nsed locally, mainly for el.Ttric lighting. 
 By permits grante.l this company by the Secretary of \Sar m 1S89 
 aAd subsequent years the company was emd)K-d to gradually in'reaso 
 its use of water, which mav rcacli a maximum of about 5,2i»0 second- 
 feet of v,ater under the lease of June 25. 1912. 'Ihe otlier pnnci,.al 
 corporation on the Tnited States side of the river, the Michigan 
 Lake Superior Vover Co. (now the Michigan Northern Power Co.) 
 was, as alrec.iv laeidioncl, organi/.ed in 1S98. This company pur- 
 chased the rigb*. of way of the St. Marys Falls Water Powei- Co., 
 which tt])Oui .;SS7 had begun excavation for a canai through the 
 town of Sauli Ste. Marie, Mich., from a point above the ship canal 
 to the river below, but had subsequently failed. Its later history 
 
 has alteadv been given. , t • , /^. -..u 
 
 In June" 1SS8, the Sault Ste. Marie Water, Gas 6, Light Co., vnth 
 interests on tlie Canadian side of the river, was incorporated under 
 the laws of Ontario. The following year the name of the company 
 was changed to the Ontario ct Sault Ste. Marie Water, Light & Power 
 Co and it was given power to build dams across the inland channels 
 or rapi.ls of St. Marvs River or any branch thereof >*Hthin the Prov- 
 ince of Ontario, and to construct other nece3sar>' works. In 1895 
 the Lake Superior Power Co. took over the property of the former 
 
COMPESBATlNd WOBKU IN BT. MARYS RIVBB. 
 
 SI 
 
 iiC^nauv whi.l. h.i.l 1.0. <»".^ finunrially ......arraasoa an.l the f..U»w. 
 
 Tlh.. "l cl.iK«., I..k" Sup»i..r row.r Co., .n.l other .Uu 1 .orP"- 
 
 Slid Co whi,h «». .■1..W..I to tl... ,.r.wnt name .... Apnl 1, 11112. 
 0„ or .i,'or 1 .■ .-.m.. .l.to II... .Mroo"' ^•""l Corpor.t.on .-luiml 
 M the n,pcW, fr...,.h,.™, .n,l nght, of tho .- « ^JP-^ r-;'J , 
 Whilo (loftlinK >*'ith tlio power Hitualiou in the St. Mans uivcr u 
 HecmstSb to .-onsi-i: the potential vutue «' thynure avaU- 
 
 60 «().. -^^"^'^^\^J'^^ . ., ..,o.ou.lary water" are uUer- 
 .h ions ana that 0,(UH) sec ^ ^^^ ^^^.j^,^j^ j^^ 
 
 rr;::^^::^ of iJr. h^p::?.^.., s., th. we have the 
 
 emitvalent of 5.000 seeoml-feet the year roun.l, whi<h a.hloa to the 
 m 000 cot oi 'primary water" gives a total of 65,000 secoua-feet 
 e nU,m usly available. This quantity of water «se<l un<ler an average 
 h^a a 18 foet wouia proauco about 100.000 continuous electn.al 
 ho^enow^r If this quantity of power were developea by steam 
 or Teat engines or by any means other than water, the cost would 
 b imSr,.^^ pe'r hcLpower per annum, while thesame quan- 
 tity generated by water might effect an annual savmg of about 
 $1^000,000. ^^^ 
 
 For a clear unaerstancling of the existing situation, «" J "^J^ j];; 
 compensating works asked for in connection with the peiu^ing 
 appCions are concerned, it wiU be well to give a bnef account of 
 the historv of previous structures of a similar nature m the St. 
 Marys River and their effect upon the levels of Lake Supenor 
 
 Th L stnicture placea in the St. Marys River, thereby affecting 
 the free flow out of Lake Superior, was the international bridge in 
 1888 Then in 1892 the Chandler-Dunbar ^Vater Power Co. cut off 
 bv dike a considerable section of the rapids. Later m 1901 when 
 the Michigan Lake Supc -: : Power Co.'s waterpower ^-["f ^^^ ""^^^ 
 onsiderafion, the Uni< a > .. -^ar Department cleculed that before 
 hat canal wciuld be , :. ..-.• I tc i .. .aterfn>m the river ab^^^e the 
 , „ _„ .:„- „.,. !,« hJ. .vV' hi- 1 aced in the river. Ine open 
 
 bythcLrStoney* . r...- on ... .nadUn sido of tho boufd.ry; 
 ,h.I. have neyer Wen, ' ^.-o--'' ...ion, a, the breakwater on th. 
 
 V 
 
22 
 
 COMPENSATINO WORKS IN ST. MABYS RIVEB. 
 
 upper si(ip of tho gatps is still in place. Theso }xn.t<'s with ft sliort 
 piece of (like joiniiif; thein iit the Cftimdiiiii shore at an elevation of 
 60:}.6 will obstruct the flow by about 12, 900 cubic feet per second, 
 but that obstruction has practically been taken care of since Jan- 
 uary, li)Oa, when the Michi;;an Lake Superior Power Co. bejian to 
 extract about S, .")()() cubic feet per second, which has since been in- 
 creased to abcnit 10, .")()() cubic feet per second. 
 
 XX. 
 
 The outcome of these A-arious interferences with a free flow of the 
 river, as determined by the International Waterways Commission, 
 which made an exhaiistive study of the levels of the Great Lakes, is 
 that the mean level of J^ake Superior between 1SS8 and 1905 was 
 raised about 1 foot, and since the latter date, through the withdrawals 
 of water by power canals, that artificial storajje of Lake Superior 
 has been sliijhtly reduced, atul with the puttinj^: into commission of 
 the three United States Government sluices to be further reduced to 
 about six-tenths of a foot. 
 
 To give a clearer idea of conditions at the Saidt, in the state of 
 nature, as well as present conditions, and those that should follow 
 the proposed renndation. the following three tables haA'C been pre- 
 pared, partly from the evidence presented to the commission and 
 partly from the reports of United States lake surveys and of the 
 International Waterways CommissioTi. Three maps showang the sit- 
 uations in the St. Marys River under natural conditions, as well as 
 unde ■ the present and proposed development, are also attached. 
 
 In the preparation of these tables six elevations of Lake Superior 
 have been used, as follows: 
 
 (1) 602.1 and 603.6 feet, the limits, as far an feasible, of regulation recommended 
 by the engineers of both Govemmentc. 
 
 (2) 602.6 feet, the mean level which it is expected the above regulation will 
 produce. 
 
 (3) 603.93 and 604.08 feet, the highest mean monthly levels from 18G0 to date; the 
 first in August, 18Tu, and the latter in September, 18d9. 
 
 (4) 602.27 feet, the mean level 1860 to 1913, inclusive. 
 
 Table 1.— Natural conditions at Sault Ste. Marie (prior to 18S8). 
 
 Lake Superior levels. 
 
 602.1 foot 
 
 60:t.6feot 
 
 60:i.a:t feet (187(11 
 
 (MHOS feet (1H6M) 
 
 602.27 feet (mean of 54 years) 
 
 602.60 feet (mean under regulation) . 
 
 Width of 
 
 Cross sec- 
 
 Full dis- 
 
 main 
 
 tion of dis- 
 
 charge from 
 
 channel. 
 
 charge area. 
 
 lake. 
 
 
 
 Cubic feet 
 
 Feel. 
 
 Snare feet. 
 
 per Mcond. 
 
 2, .180 
 
 13,300 
 
 82,040 
 
 2,390 
 
 16,900 
 
 116,600 
 
 2,39.') 
 
 17,700 
 
 121,100 
 
 2,400 
 
 18,100 
 
 128,700 
 
 2,3S3 
 
 13,690 
 
 85,880 
 
 2.385 
 
 14,500 
 
 93,560 
 
N 
 
SAUL T S T_E MAR 
 
 /SLAND N92 
 
 ISLANDN'I 
 
 ISLAND N93 
 
 ISLAND N9 4 
 
 ISLAND N 
 
 itaMMi 
 
C A N A DA 
 
 
 )0 
 
 R I E 
 
 SLANO N9S 
 
 f 
 
 International Joint Commission 
 
t'^-'MM 
 
 MARY 
 
 S A U L T S ^-^ MAR 
 
 /SLAND N?2 
 
 ISLAND N't 
 
 ISLAND N? 3 
 
 ISLAND N9 4 
 
 ISLAND t 
 
 Ml CHI G 
 
 /From map prepared by the TrUematiomii Boundary Commu. 
 iior^ers untUr the Sixth Article of the Treaty of Ghent, 1819. i 
 
)0 
 
 R I E 
 
 ISLAND N9S 
 
 N 
 
 O 
 
 International Joint Commisaion 
 
 ST. MARY RIVER 
 
 SAULT STE. MARIE 
 
 NATURAL CONDITIONS 
 
 To aoooinpany Table I. 
 
 Scale 
 •• • Hi m 
 
 >M< I I I — ■ ■ ■ ■ ' 
 
 n40TO-ZINCOQPAPNCO AT TMC ftUNVCYON •CNCHAL't OFFICE OTTAWA, CANADA 
 
^ 
 
 ^^m f^< 
 

-#-'.'' 
 
 msL^. \. ^^:t:. j 
 
K.-^ 
 
 'wmt 
 
 ikM. 
 
'••r~^ 
 
 < 
 
 W 
 
 vrfinNk 
 
 PMOVO-|mCO«MAr*«tO AT TMC SUMVtVOtt •IMCAAl'S OmCt OTTAWA. CAMAOA 
 
COMPENSATINQ W0BK8 IN BT. MABY8 BIVBB. 
 
 u 
 
 3 
 
 e 
 
 
 
 
 i 
 
 I 
 
 ._ , a 
 
 .* t. fi tM ^-M .HI -^ «4 
 
 
 
 ^ H W oe odjCi X 9C 'X ^ , 
 
 JH «*(**«*'■* 
 
 •§ 
 
 C9 
 
 awg "S 
 
 
 i gaj 
 
 
 3 
 
 o 
 
 |§.g-S °l p" 
 
 6«S,«2 rfif ^ 2 S 1 S & 
 
 ii 
 
 
 OQ — ■- 
 
 Si 
 
 55 
 
 S i ^ 
 
 k. 1 *5 
 
 3g 
 
 
 8§ 
 
 - n 
 
 |5 
 
 ♦* o 
 
 (OS 
 
 llllll 
 
 mm 
 
84 
 
 COMPENBATINO WORKS IN 
 
 ST. MABYB RIVEB. 
 
 •^1=22223 
 
1 
 

^•r* 
 
 
 M^f'^ 
 
 ISir'Wi^ 
 
V 
 
 \ 
 
 \% 
 
 \ 
 
 International Joint Commiulon 
 
 ST. MARY RIVER 
 
 SAULT STE. MARIE 
 
 PROPOSEO .:)EVELOPMENT 
 
 To MIC >u;iMftny Table IIL 
 
 M4OTo-tti*co«nAn4C0 at tmc iufwrroN •tNCfVALt orrict Ottawa, .-.nada 
 
s 
 
COMPENSATING WOBKS IN ST. MARYS RIVEK. 
 
 85 
 
 These tables show that when a lake stage is reached of 602.27 and 
 over, that the outlet, St. Marys River, as it exists to-day, is not as 
 effective for taking care of the discharge as it was under natural con- 
 ditions while the suggested development, to which further reference 
 will be made, gives much greater opportunity to carry off the lake 
 supply during high stages. 
 
 In considering the question of water levels, it is recognized that tlie 
 ideal condition would be a fixed level, but in actual practice that con- 
 dition is unattainable. Lake Superior is the largest of the world's 
 fresh-water seas, and no human power can control its fluctuations 
 except to a very limited extent. It remains therefore to consider 
 how this limited control may be so exercised as to give the maximum 
 protection and advantage not only to the various existing interests 
 concerned but also, bearing in mind the possible development of a 
 vast area of country surrounding Lake Superior, to future interests. 
 It has been demonstrated that, while no very great improvement is 
 possible in the fluctuations over those that prevailed under natural 
 conditions, the range may be shifted up or down by suitable regula- 
 tion of the compensating works in the St. Marys River; that is to say, 
 a high or a low mean may be established, and the water of the lake 
 will fluctuate to points above and below that mean. It is evident 
 that if the range of fluctuation is held up the lowlands around the 
 lake will be more or less flooded, while if it is kept down the depths in 
 the harbors, rivers, and canals will be reduceti. The problem, then, 
 is to obtain a mean which, while doing no material injury to riparian 
 interests, will effectually safeguard the paramount interests of navi- 
 gation. In arriving at that mean it is to be considered that the period 
 of navigation lies within the summer montlis, and that the first con- 
 sideration is to secure during those months levels that will meet the 
 requirements of navigation, while it is of comparatively minor impor- 
 tance to navigation what levels are maintained through the winter 
 months, except in so far as the winter stage of water may affect the 
 leveb in the succeeding sunmier. 
 
 Briefly, the situation at the Sault is that the free flow over the 
 rapids has been checked by fixed obstructions, and notwithstanding 
 the withdraw^al of water by the power canals, the mean stage now 
 stands, as previously stated, something over a foot higher than under 
 natural conditions. These fixed structures in the channel merely 
 creaf^j new levels in the lake above, with practically the same fluctua- 
 tions, while movable ones will permit a control that will tend to 
 modify the range of oscillation. 
 
 An examination of the mean monthly levels which have obtained 
 since the earliest date of continuous reconls, 1860, down to the present 
 time, throws an interesting light on the extent of the fluctuation 
 aliove and below the stages recommended by the engineers, 603.6 
 
26 COMPENSATING WORKS IN ST. MARYS RIVER. 
 
 and 602.1 f(M't. It is found that upon ft)iir occasions only, namely, 
 September, 1809, and July, August, and September, 1870, did the 
 monthly mean levels exceed ()0:}.6 feet. On the other hand, during 
 the winter months — December, January, February, and March — the 
 mean monthly levels have dropped below (502.1 feet 12() times in a 
 possible 215. Tlie situation ilirouKhoiit the same long period was 
 not as bad during the other eiglit months, the navigation season, the 
 occasions l)eing 123 in a possible 428, as follows: 
 
 In the months of — Times. 
 
 April, 1860, to date 40 
 
 May, 1860, to date 26 
 
 June, 1860, to date 16 
 
 July, 1860, to date 10 
 
 August, 1860, to date 7 
 
 September, 1860, to date 6 
 
 October, 1860, to date 9 
 
 November, 1860, to date 10 
 
 Total 123 
 
 These facts and figures show clearly that under the natural condi- 
 tions the mean level would be somewhat lower than the proposed 
 regulated mean, to the detriment of the important navigation niter- 
 ests and the lake ports dependent thereon. 
 
 Suggestions were advaitced that the range might be confined to 
 narrower limits than the 1 A-foot range put forward by the ejigineers. 
 Under natural conditions the greatest fluctuation has been about 3i 
 feet, and considering the vast area of Lake Superior, about 3*^,000 
 square mile's, exclusive ol its surroimding catchment area, it is evident 
 that abnormal rain conditions have seriously taxed the capacity of the 
 outlet in its natural state, and will continue to do so, though to a lesser 
 degree under any artificial conditions that might be developed at 
 Sault Ste. Marie with a reasonable expenditure of money. 
 
 In this connection, Col. Patrick, of the I'liited States ,\rmy Engi- 
 neers, referring to the high level, 604.08 feet of 1869, said "if the same 
 condition of rainfall «ntl ^upply to the lake should recur, as there is 
 every reason to believe it will recur at some time, nothing on earth 
 can prevent the lake surface going back to that level." In fa-t, 
 Col. F'atrick believes that at times the lake will fluctinite half a foot 
 above 603.6 feet and a similar distance below 602.1 feet, the low 
 hniit of the suggested range or an extreme fluctuation of 2i feet, 
 which is a foot less than '.mder conditions that have prevailed in the 
 past. 
 
 The late Mr. Alfred Xoble in evidence >tated, "I am clearly of (he 
 opinion that no works can be devised ])y which the variations of the 
 lake can be held witliin an absolute range of one foot and a luilf," but 
 he admitted that it could be done "within two feet and a liulf." 
 
COMPENSATING WORKS IK ST. MARYS HIVER. 
 
 27 
 
 Mr. W. J. Stewart, representing the G<>v»'rnment of Canada, statetl, 
 " now looking for the limits of level between which the lake should be 
 held, there were two points to consider; one was the cutting out of 
 the extreme low waters during navigation season, and the other was 
 to prevent the level of the lake rising to a height that might injure 
 tlie low lymg lands in the vicinity of I'ort WiUiam." Mr. Stewart 
 "thought that 6().S.6 feet should be the upper hniit, and except in 
 years when conditions were siniUar to the two extreme high water 
 years, regulation sliuuld be kept within the upper limit." He added 
 that any attempt at a system of regulation which would have the 
 effect of keeping such extreme conditions as prevailed in those two 
 years below oO.S.G fe<*t. would proilo^ e 'a very much lower hmit to 
 the injury of our canals (navigation) iii Ixith countries at Sault Ste. 
 
 Marie. " 
 
 Tlie two following tables will help to illustrate and confirm the 
 ditticulty that stands m tiie way of a tlo>e regulation of the levels of 
 Lake Superior: 
 Table thouing the difference between the extrem' monthly m^aruin the following yeart 
 
 Y«r, i 
 
 1 
 
 PMt 
 
 1902 
 
 1803 
 
 1904 
 
 1906 
 
 190« 
 
 tg07 
 
 1.01 
 1.47 
 1.42 
 1.00 
 .87 
 1.37 
 
 1908 
 
 1.27 
 
 1900 
 
 LM 
 
 1910 
 
 .M 
 
 1911 
 
 l.« 
 
 1912 
 
 La 
 
 1913 
 
 1.28 
 
 Table ofiuppliet to Lake Superior, 1860 to 1907, inclutive. 
 
 Month. 
 
 January 
 
 FrtMTMTjr.., 
 
 March 
 
 April 
 
 May 
 
 }unc 
 
 July 
 
 August 
 
 September . 
 
 October 
 
 November. 
 December. . 
 
 rerage. 
 
 Hl(h«t. 
 
 Loweet. 
 
 JP««f. 
 
 Ftt. 
 
 Ftit. 
 
 +aoo7 
 
 +0.240 
 
 -0. 139 ; 
 
 + .088 
 
 + .818 
 
 - .128 
 
 + .198 
 
 + .823 
 
 - .185 
 
 + .398 
 
 + .778 
 
 - .214 
 
 + .517 
 
 + .892 
 
 + .121 
 
 + .490 
 
 + .856 
 
 + .283 
 
 + .421 
 
 + .708 
 
 + .233 ; 
 
 + .351 
 
 + .980 
 
 + . 110 
 
 + .275 
 
 + .579 
 
 + .019 : 
 
 + .115 
 
 + .440 
 
 - .088 1 
 
 + .021 
 
 + .202 
 
 . - .298 
 
 + .032 
 
 + .196 
 
 - .313 : 
 
 Fttt. 
 
 0.379 
 .744 
 .808 
 .910 
 
 1.013 
 
 1.119 
 .941 
 
 1.000 
 .688 
 .528 
 .408 
 .500 
 
 Column two in the above table shows the effect on lake levels of 
 the average monthly supply during 48 yeare. 
 
 Colunui three shows the effect on lake levels of the highest monthly 
 supply during 48 years. 
 
28 
 
 COMPENSATIN(i WORKS IN ST. MARYS BIVEB. 
 
 Column four shows the effect on lake levels of the lowest monthly 
 8U[)ply (luring 48 yeare. 
 
 Column five gives some indication of the variableness of the sup- 
 ply and the difficulty therefore in setting discharge gates at the 
 Sault from time to time to take care of water conditions before 
 
 thev exist. 
 
 That navigation is the paramount interest in the use of the waters 
 of the St. i -• ys UivtM- is a proposition that can hardly be disputed. 
 The watei-ways treaty, in setting forth the onler of precedence to be 
 observed among the "various uses of boundary waters, puts naviga- 
 tion before power, and lays <lown the definite rule that "no use shall 
 be i)ermitted which tends materially to conflict with or restrain any 
 other use which is given preference over it in this order of prece- 
 dence." The commission is bound, thenrfore, under the terms of 
 the treaty, to see that in approving the use of these waters for power 
 puri)08es, that use is not permitted to materially conflict with or re- 
 Btntin their use for the purpose of navigation. But even if this obli- 
 gation were not imposed upon it by the treaty, the commission could 
 hardly avoid the conclusion that navigation must heve first consid- 
 eration. The power intercuts at Suult Stc. Marie, while unquestion- 
 ably important, are necessarily limied in their use and development. 
 The interests of navigation, on the other hand, are broad enough to 
 embrace not merely the enormous commerce of the Great Lakeri as 
 it exists to-day, involving in one way <>r another the comfort and 
 welfare of nuUious of people on both sides of the international bound- 
 arv but they an* susceptible under favorable conditions of practi- 
 cally unlimited development. The applications, therefore, should be 
 regarded not so niTich as a proposition to prodde additional water 
 for power development in the St. Marys River as an opportunity to 
 create such conditions in that river that not merely the present, but 
 the prospective, newls of navigation will be given the fullest pos- 
 sible measure of protection and encouragement. The outflow should 
 be regulated primarily and essentially in the interests of naviga- 
 tion and of the lake port* depending thereon, and that is un- 
 questionably the attitude of both (iovernmenta. The United Stat^ 
 will become the owner in fee simple of the works to be built by the 
 Michigan Northern Power Co. on the United States sideof thebound- 
 arv "rhe (^anadian situation, however, is not so dehnite. The 
 Algoma Steel Corporation ha« authority to build its works with the 
 rider that the Canadian (Jovernment may step in at any time and 
 acquire them by arrangement. 
 
 The St Marys liivi-r is the most important link in the greatest 
 system of iuland wutemaxs in the world, an<i it is ..pen to .senous 
 qu.Nti..n whether private capital should be aUowe.l to create, even 
 
COMPENSATINQ W0BK8 IN ST. MABT8 BIVEB. 
 
 29 
 
 for a limited time, works which if built should be under governmental 
 control absolutely and primarily for the benefit of navigation- in 
 other words, whether these regulating works should be built as an 
 ncident in the development of water power, or if it is not a sounder 
 policy for the Government to build them or acquire them as soon as 
 they are built, and thus make the development of power an incident 
 to the larger work of caring for navigation. At the same time the 
 public may fairly expect a return for the use of so much of this water 
 which passes down out of Lake Superior as Is not needed for navi- 
 gation. The hope Is, therefore, expressed that the Canadian Gov- 
 ernment will provide at once for the accjuisition and absolute owner- 
 ship of the works proposed to be built on the Canadian side of the 
 boundary. 
 
 As already indicated, it would be to the advantage of every interest 
 concerned if the range of the fluctuation of the lake levels were 
 restricted as much a^i possible. The suggested regulation as far as 
 possible within the limits 603.6 and <)02.1 feet was worked out by 
 the United States Army engineers in 1902 and made effective in the 
 lease of water to the Michigan Lake Superior Power Co. in the same 
 year. This regulation was afterwards approved by the International 
 Waterways Commission, so that on three different occasions in the 
 study of conditions at the Sault by most competent engineers they 
 all reach the same conclusions as to attem])ted regidation of the 
 outflow from Lake Superior. 
 
 In view of the foregoing statement of facts, the undersigned begs 
 to submit for the consideration of the commission the following rec- 
 ommendations, which it is suggested might l)e submitted to the two 
 Governments in connection with the commission's order of approval: 
 
 (1) That the officer of the Coriw of Engineers charged with the 
 improvement of the Falls of the St. Marys River on the I'nited States 
 side, and an officer duly appointed by the Government of the Domin- 
 ion of Canada, shall form a board to formulate rules under which the 
 compensating or remedial works and the power canals and planis, 
 including headgates and by-passes, shall be operated to secure as 
 nearly as may be the regulation of Lake Superior as provided for in 
 the order of a])proval. 
 
 (2) That the respective (Jovernments should immediately bring to 
 the attention of the International Waterways Commission, charged 
 with the delimitation of the mternational boundary m the St. Marys 
 River, the desirability of establishing that boundary through one of 
 the piers of the i)ropo9ed sluice gates. The plans of these gates, as 
 approved by both Governments, indicate a width of gate that will 
 bring certain of the piers immediately above those of the International 
 Bridge, in onler evidently to lessen as far as possible interference 
 
80 
 
 COMPENSATING W0BK8 IN ST. MABYS BIVEB. 
 
 with the tlow below the g&Ufi. As these gates are about 52 feet 
 wide, the maxiimim tlistuiice the boundary would have to be moved 
 would be •_'('. feet. Jt would obnously not be desirable to have the 
 boundary pass throujih one of the gates, i>art of which woulil then 
 be in the territory of one country and i)art in that of the other. 
 Therefore, if necessary, it would seem desirable, for a <listance of, say, 
 50 feet up an<l down stream from the gates, that the boundary should 
 bo adjusted to the gates rather than the gates to the bouiulary. 
 
 (3) That the coat of maintaiiung all parts of the proposed com- 
 pensating or remedial works shall be borne by the respective owners 
 thereof, and shall be dene under the direction of, and in a manner 
 satisfactory, to both Governments. Also that the rules devised by 
 the board for the operation of these works shall be so franied as to 
 divide this burden equally between the owners of the component 
 p«irts of the entire syst«m. 
 
 Th«> undersigned is of the opinion that the order of ajtproval 
 should inclutle tite following provisions respecting construction, 
 operation, and d iilrol of the pro|)osed works : 
 
 The proposed diversion of water from, and the construction of 
 comp<'a<atiiig works in, the St. >riirv's Kiver at Sault Ste. Marie, by 
 the Michigan Northern Power Co. and the Algoma Steel Corporation 
 fLtd.), their sucri«ssors and assigns, with the plans as amended and 
 finally a| j>ri>ved by the vS<>cretary of War of the United States, and 
 the Crovernor (leneral in Council of itie Dominion of Canada, are 
 hereby approveil on the following conditions: 
 
 (1) The works to l)e l)udt in the St. Marys River at Sault Ste. 
 Marie by the Michigan Nortliern Power Co. and the Algoma Steel 
 Corporation (Ltd.), their successors and assigns, shall consist of a 
 dyke about JiMi feel long, and 12 Stoney sluice gates, each gate 
 to be about "•_' feet in the clear, the iletails as shown on the plans 
 approved by the S<'cretary of War of the United States, ami the 
 Governor General iji Council of liie Dominion of Canada. These 
 works shall extend from ttie United Stat^^s trovern.aent dyke inmio- 
 diately above Pier No. -^ of the International Bridge northward to 
 the southerly Innit of the Stoney sluice gates now in plact^ on the 
 Canadian sid«> of the river. 
 
 (2) Thv Michigan Northern Power Co. shall build the said dyke 
 about 200 feet ui lengtli and all Stoney sluice gaU^s and their appur- 
 tenances northward to the international boundary; and the Algoma 
 Steel Corporation (Ltti.) shall buihl all the gates on ii.J Canadian side 
 of the river between the gates now in place and the int4imational 
 boundary. 
 
 (3) The sills of all SUtney gaU« on the United States side shall 
 not be liigher than 591.2 fwt and of all such gates to be built in 
 
COMFENSATINO WORKS IN ST. MABT8 BTVEB. 
 
 81 
 
 Canada (in view of the main channel being on that side of the bound- 
 ary) not higher than 590.7 feet, according to the system of levels 
 established by the United States in 1903, and the river bed, both 
 upstream and downstream from the works so to lie built, to a dis- 
 tance to be determined by the board, whose appointment has been 
 recommended, shall Ih> excavated at least one-half foot lower than 
 the intervening sills. 
 
 (4) The Secretary of War of the United States or such ollicer as 
 he may designate shall approve of aU the dctaUed plans for such 
 portion of tlie works as will be within the territory of the Umted 
 States, and the Governor (ieneral in Council of the Domuuon of 
 Canada, or such ollicer as he may designate, shall Ukewise approve 
 of all the detailed plans of such portion of the works as will lie within 
 Canudian territory. The works shall be commenced within throe 
 years and shall be carried on with due diligence to the satisfaction 
 of the said board. 
 
 (5) Th» order in which the works are to be proceeded with, sub- 
 ject to the approval of the Secretary of War, or such officer as he 
 may designate, and the governor general in council or such officer 
 as he may ilosignate, in respect to such portions of the works as may 
 lie witlun United States and Canadian territory, respectively, shall be: 
 
 (a) The removal by the .Ugoma Steel Corporation, Ltd., of its 
 dyke above the four sluices, and immediately thereafter the testing 
 of the gates to ascertain that they are in {)roper working order. 
 
 (,b) The testing of the three United States Govermnent sluices, 
 making them available for immediate use. 
 
 (c) The necessary alterations in the Michigan Northern Power Co.'s 
 plant so as to poriiiit the efficient use of the lUversion applied for. 
 
 W) The chtuuiel of the stream not to be closed at any time by 
 more than one coirerdam of a sufiicient size for the construction of 
 a set of four Stoney sluice gates. 
 
 (e) The construction of the dyke inmietliately to the south of the 
 gates on the UniUul States side not to be proceeded with untU facili- 
 ties exist on the CanatUan side to fully take care of Canada's half 
 share of all the water. 
 
 (/) The further ord«'r of constructit>n of the \^ orks to be dotermmed 
 by the board, with the approval of the Secretary of War and the 
 governor general in <inmeil. 
 
 («1 The board shall guar.l against any undue rise of Lake Superior 
 during the construction of the compensating works by requiring the 
 power companitw to pass tlitt>ugh their respective canals quantities 
 of water up to their maximam capacity, or in such other manner as 
 may be suitable to accomplish tliis purpose. 
 
82 
 
 COMPSNBATINO WOBKB IS ST. MABY8 BIVEB. 
 
 (7) All componsating works heretoforo built and all such worka 
 built unilor this order of approval and all power canals and plants 
 including head gates an«l by-pa-sscs, shall bo so operated as to main- 
 tain the level of Lake Superior as nearly as may be between levels 
 602.1 and 603.6 font above moan tide at New York, according to the 
 system of levels established by the Unitwl States Govemmont in 
 1903, and in such a manner as not to interfere with navigation. The 
 operation of all the swd works, canals, hea<l gates, and by-passes for 
 the above purpose shall be under the direct control of the board. 
 
 (8) The mean elevation of Lake Superior shall be ascertained by 
 taking the mean of the readings of at least four automatic gauges, 
 half the number to be maintained by the United States and half by 
 (.'anada: these gauges to bo located so that their combined readings 
 will indicate as nearly a* may be the mean or average condition of the 
 whole lake. Tho records of those gauges shall be furnished to the 
 board at such intervals as it may require. 
 
 (9) To guard againt-t unduly high stages of water in — 
 
 (a) Lake Superior, the rules formulated by the board, when tested 
 by the physical conditions which oxLsteil during any year of recorded 
 high water in Lake Superior when tho monthly mean elevation of the 
 lake oxceedod 603.6 feet, shall give no monthly moan level of the 
 lake greater than tlio maxauum monthly mean actually experienced 
 in said year. 
 
 (6) Tho lower St. Marys Riv<!r, the excess discharge at any time, 
 over and above that which would have occurred at a like lake stage 
 of Lake Superior prit)r to 1887. shall bo restricted so that the eleva- 
 tion of tho water surface immediately below the locks shall not be 
 greater than 584.5 feet. 
 
 (10) Each po'ver company shall k^op continuous records, satisfac- 
 tory to tho board, which shall show the quantity of water used by it, 
 and -I -ill furnish to the board, when required, full information from 
 such records. 
 
 (11) At all times the board shall deti'-mine the amount of primary 
 and secondary water available for power purposes, and shall distrib- 
 ute to the interests in each country a total amount not exceeding one- 
 half of such water. It shall cause the amount of water so used to be 
 reduceil whenever in its opinion such reductions are necessary in order 
 to prevent unduly low stages of water in Lake Superior, and fix the 
 amounts of such reductions. Provided, That whenever the monthly 
 mean level of tho lake Ls less than 602.1 feet the total discharge per- 
 mitted shall be not j,'reater than that which it would have been at the 
 prevailing stage and un<ler the discharge conditions which obtained 
 prior to 1887. Provided further. Before any flow of primary water 
 on oithor side of tho river is reduced, the use of all secondary water 
 shall be discontinued. 
 
COMPENBATINO W0BK8 IN ST. IIABYB BIVMB. 
 
 8S 
 
 (\2) If the componsatinK works, constructed in accordance with 
 the plans hereby approvod together with those already constructed, 
 can not be operated so es to secure the regidation of the level of Lake 
 Superior as providml herein, they shall be altered so as to provide 
 for a greater flow, and in a manner satisfactory to the two Govern- 
 raento. Whenever it is required that the said works shaU be so ai- 
 tere<l the greater flow desired shall be secured in equal parte on each 
 side of the boundary lino, or the cost of securing the total greater- 
 flow shall be borne equally by the owners of the two parte of the said 
 
 works* 
 
 (i3) Should ico interfere with navigation owing to the presence of 
 the compensating works, the board shall take measures to obviate 
 this difficulty, and may call upon the owners of the said works to do 
 any work necessary for this purpose. 
 
 (14) Should currente which unduly interfere with navigation be 
 dovelopwl by the operation of the power works on either side of the 
 river, the power company operating said works shaU alter them or 
 construct such other works as its Goveriinent may deem necessary 
 to reme<ly this evil and in a manner approved by such Government. 
 
 (15) Should either or both Oovwnmerte acquire title to the com- 
 pensating works built on their retr,.^^tiv icritorios, the approval of 
 the construction and maintenance ' .^e compensating works by 
 the applicante shall inure to the huio'ai d their respective Govern- 
 ment successors. 
 
 (16) In the event of a disagreement between the members of the 
 board, with respect to the interpretation of the conditions embodied 
 in this order of approval, or to the duties and powers of said board, or 
 to the construction or operation of the compensating works, the 
 question at issue, upon the appUcation of eithrr Government, shall 
 be referred to this commission. 
 
 (17) "Primary water" as used herein shall be understood to mean 
 the amount of water which is continuously available for use for power 
 purposes. "Secondary water" shall be understood to mean an 
 amount of water, over and above that designated as primary water, 
 which is intermittently available for use for power purposes. 
 
 C. A. Maobath. 
 
 May 1, 1914. 
 
 O 
 
RECEIVED IN 
 
 WAR T 1338 
 
 TRANSPOfrr UBRARY. 
 
 RY.j 
 
I01X% 
 
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