Proposal for Lake Ontario and St. Lawrence River Regulation

Order

Order Of Approval - Criteria and Conditions

* Note all elevations use the 1985 International Great Lakes Datum and metric system of measurement.

The proposed regulation conditions are as follows:

A.  All interests on either side of the International Boundary which are injured by reason of the construction, maintenance and operation of the works shall be given suitable and adequate protection and indemnity in accordance with the laws in Canada or the Constitution and laws in the United States respectively, and in accordance with the requirements of Article VIII of the Treaty.

B.   The works shall be so planned, located, constructed, maintained and operated as not to conflict with or restrain uses of the waters of the St. Lawrence River for purposes given preference over uses of water for power purposes by the Treaty, namely, uses for domestic and sanitary purposes and uses for navigation, including the service of canals for the purpose of navigation, and shall be so planned, located, constructed, maintained and operated as to give effect to the provisions of this Order.

C.   The works shall be constructed, maintained and operated in such manner as to safeguard the rights and lawful interests of other engaged or to be engaged in the development of power in the St. Lawrence River below the International Rapids Section.

D.   The works shall be so designed, constructed, maintained and operated as to safeguard so far as possible the rights of all interests affected by the levels of the St. Lawrence River upstream from the Iroquois regulatory structure and by the levels of Lake Ontario and the lower Niagara River; and any change in levels resulting from the works which injuriously affects such rights shall be subject to the requirements of paragraph A relating to protection and indemnification.

E.   The hydro-electric plants approved by this Order shall not be subjected to operating rules and procedures more rigorous than are necessary to comply with the provisions of the foregoing paragraphs B, C and D.

F.   Before Ontario Power Generation or any successor make any changes to any part of the works, it shall submit to the Government of Canada, and before the New York Power Authority makes any changes to any part of the works, its shall submit to the Government of the United States, for approval in writing, detailed plans and specifications of that part of the works located in their respective countries and details of the program of construction thereof or such details of such plans and specifications or programs of construction relating thereto as the respective Governments may require.   If after any plan, specification or program has been so approved, Ontario Power Generation or the New York Power Authority wishes to make any change therein, it shall, before adopting such change, submit the changed plan, specification or program for approval in a like manner.

G.   A Board to be known as the International Lake Ontario-St. Lawrence River Board   (hereinafter referred to as the “Board ”) consisting of an equal number of members from Canada and from the United States, shall be established by the Commission.  The Board shall include but is not limited to at least one member each nominated by the State of New York, the Province of Quebec, the Province of Ontario, and the U.S. and Canadian Federal Governments. The duties of the Board  shall be to execute the instructions of the Commission as issued from time to time with respect to this Order The duties of the Board shall be to ensure that the provisions of the Orders relating to water levels and the regulation of the discharge of water from Lake Ontario and the flow of water through the International Rapids Section as herein set out are complied with, and Ontario Power Generation and the New York Power Authority shall duly observe any direction given them by the Board  for the purpose of ensuring such compliance.  The Board shall report to the Commission at such times as the Commission may determine.  In the event of any disagreement amongst the members of the Board which they are unable to resolve the matter shall be referred by them to the Commission for decision. The Board may, at any time, make representations to the Commission in regard to any matter affecting or arising out of the terms of the Order with respect to water levels and the regulation of discharges and flows.

H.   The discharge of water from Lake Ontario and the flow of water through the International Rapids Section shall be regulated to meet the requirements of conditions B, C, and D  hereof; and shall be regulated within a range of levels as specified in the below listed criteria, as nearly as may be, and following the Commission’s directive(s). The project works shall be operated in such a manner as to provide no less protection for navigation and riparian interests downstream than would have occurred under pre-project conditions and with the 1900 to 2008 adjusted supplies and conditions specified in the basis of comparison, as defined in an Appendix to this Order.  The Commission will indicate in an appropriate fashion, as the occasion may require, the inter-relationship of the criteria, the range of elevations and the other requirements.

H1.  The regulated outflow from Lake Ontario shall be such as not to increase the frequency of low levels or reduce the minimum level of Montreal Harbour below those listed in the table below which would have occurred with the 1900 to 2008 adjusted supplies and conditions defined in an Appendix to this Order (hereinafter called the "supplies of the past as adjusted").

Montreal  Jetty#1 

Level  (m IGLD85)     Number of quarter-months in 1900-2008 below level

5.55                                811
5.50                                679
5.40                                366
5.30                                153
5.20                                83
5.10                                45
5.00                                15
4.90                                1
4.80                                1
minimum                         4.70 m

H2.  The regulated outflow from Lake Ontario shall be such as not to increase the frequency of low levels or reduce the minimum level of Lake St. Louis below those listed in the table below which would have occurred with the supplies of the past as adjusted. 

Lake St. Louis at Pointe Claire

Level (m IGLD85)      Number of quarter-months in 1900-2008 below level

20.70                             735
20.60                             161
20.50                             87
20.40                             21
20.30                             2
20.20                             1
20.10                             0
minimum                        20.10 m

H3. The regulated winter outflows from Lake Ontario shall be maintained so that the difficulties of river ice management for winter power operation are minimized in the International Rapids Section of the St. Lawrence River and the outlet of Lake St. Francis.

H4.  The regulated outflow from Lake Ontario shall be such that the frequencies of occurrence of high water levels on Lake St. Louis as measured at the Pointe Claire gauge are not greater than those listed below with supplies of the past as adjusted

Level (m IGLD85)      Number of quarter-months in 1900-2008 above level 

22.50                             0
22.40                             9
22.33                             15
22.20                             51
22.10                             97
22.00                             221
Maximum                       22.48 m

H5. Consistent with other requirements, the minimum regulated monthly outflow from Lake Ontario shall be such as to secure the maximum dependable flow for power.

H6. Consistent with other requirements, the levels of Lake Ontario shall be regulated for the benefit of property owners on the shores of Lake Ontario in the United States and Canada so as to reduce extremes of stage which have occurred under pre-project conditions and supplies of the past as adjusted on Lake Ontario.

H7. The regulated monthly mean level of Lake Ontario shall not exceed the following elevations (IGLD85) in the corresponding months with the supplies of the past as adjusted.

                   (m)         (ft)

January        75.26     246.92

February      75.37     247.28

March          75.33     247.15

April            75.60     248.03

May            75.73     248.46

June           75.69     248.33

July            75.63     248.13

August        75.49     247.67

September  75.24     246.85

October      75.25     246.88

November   75.18     246.65

December   75.23     246.82

H8. Under regulation, the frequency of occurrences of monthly mean elevations of approximately 75.07 meters (246.3 feet) IGLD 1985 and higher on Lake Ontario shall not be greater than would have occurred with supplies of the past as adjusted and with pre-project conditions.

H9.  The regulated monthly mean water levels of Lake Ontario, with supplies of the past as adjusted shall not be less than the following elevations (IGLD 1985) in the corresponding months:

                    (m)         (ft)

January       73.56     241.34

February      73.62     241.54

March          73.78     242.06

April            73.97     242.68

May            74.22     243.50

June           74.27     243.67

July            74.26     243.64

August        74.15     243.27

September  74.04     242.91

October       73.83     242.22

November    73.67     241.70

December   73.57     241.37

H10.  Consistent with other requirements, the outflow from Lake Ontario shall be regulated so as to enhance biodiversity and  the resiliency of wetlands on Lake Ontario and on the St. Lawrence River.     

H11.  Consistent with other requirements, the maximum regulated outflow  from Lake Ontario shall be maintained as low as possible to maintain safe velocities for Seaway navigation and to minimize spill at the hydropower facilities  in the St. Lawrence River.

H12.  Consistent with other requirements, the outflow from Lake Ontario shall be regulated so as to maintain adequate levels for navigation in the Montreal to Lake Ontario section of the St. Lawrence River.

H13.  Consistent with other requirements, the outflow from Lake Ontario shall be regulated so as to benefit recreational boating on Lake Ontario and on the St. Lawrence River. 

H14. In the event that Lake Ontario water levels reach or exceed extremely high levels the works in the International Rapids Section shall be operated to provide all possible relief to the riparian owners upstream and downstream.  In the event that Lake Ontario levels reach or fall below extremely low levels the works in the International Rapids Section shall be operated to provide all possible relief to municipal water intakes, navigation and power purposes, upstream and downstream. The high and low water levels at which this provision applies will be established by a Commission directive to the Board. 

The Commission shall approve a plan of regulation, and associated operational guides and issue directives for the discharge of water from Lake Ontario and its flow through the International Rapids Section of the St Lawrence River that satisfies the criteria and conditions of this Order with criterion “H14” governing principles of relief, should extreme levels be experienced.  The flow of water through the International Rapids Section of the St Lawrence River in any period shall equal the discharge of water from Lake Ontario as determined for that period. 

The Commission’s directives to the Board shall make provision for peaking and ponding operations and for deviations from the plan of regulation to address such matters as winter operations, emergencies and other special short-term situations. 

Subject to the requirements of conditions (B), (C) and (D) hereof, and of the range of levels, and criteria, above written, the Board, after obtaining the approval of the Commission, may temporarily modify or change the restrictions as to discharge of water from Lake Ontario and the flow of water through the International Rapids Section for the purpose of determining what modifications or changes in the plan of regulation may be advisable. The Board shall report to the Commission the results of such experiments, together with its recommendations as to any changes or modifications in the plan of regulation. When the plan of regulation has been improved so as best to meet the requirements of all interests, within the range of levels and criteria above defined, the Commission will recommend to the two Governments that it be implemented and, if the two Governments thereafter agrees, such plan of regulation shall be given effect as if contained in this Order. Should there be a change to the approved regulation plan the Commission will consult with governments as appropriate.

I.    The works shall be operated so that the forebay water level at the power houses does not exceed a maximum instantaneous elevation of 74.48 m (244.36 feet).

J.   Ontario Power Generation and the New York Power Authority, and any successor entities, shall maintain and supply for the information of the Board  accurate records relating to water levels and the discharge of water through the works and the regulation of the flow of water through the International Rapids Section as the Board  may determine to be suitable and necessary, and shall install and maintain such gauges, carry out such measurements, and perform such other services as the Board may deem necessary for these purposes.

K.  The installation, maintenance, operation and removal of the ice booms in the St. Lawrence River by Ontario Power Generation and the New York Power Authority, and any successor entities, are subject to the following conditions:

Any significant modifications in the design or location of the booms shall require the approval of the Commission;

The placement and removal of ice booms shall be timed so as not to interfere with the requirements of navigation; and

The St. Lawrence Seaway Management Corporation and the St. Lawrence Seaway    Development Corporation, and any successor entities, shall be kept informed of all such operations.

L.  The Board shall report to the Commission as of 31 December each year on the effect, if any, of the operation of the down-stream hydro-electric power plants and related structures on the tail-water elevations at the hydro-electric power plants approved by this Order.

No later than fifteen years after the effective date of this Order, and periodically thereafter,  the Commission will conduct a review of the results of regulation under this Order. This review will be to assess the extent to which the results predicted by the research and models used to develop any approved regulation plan occurred as expected, consistent with the adaptive management plan.  The review will be based upon the information available at the time of the review and may provide the basis for possible changes to the regulation of water levels and flows.

 

Definitions:

St. Lawrence River – the section of the St. Lawrence River that is affected by flow regulation which stretches from Lake Ontario to the outlet of Lac Saint Pierre.

International Rapids Section - the section of the St. Lawrence River that prior to the project was characterized by series of rapids from Ogdensburg- Prescott to Cornwall – Massena.

Pre-project conditions – the hydraulic channel characteristics that existed in the Galops Rapids Section of the St. Lawrence River as of March 1955 that formed the control section for Lake Ontario outflows prior to the project.  This is defined by a stage-discharge capacity relationship for this condition that also accounts for the effects of glacial isostatic adjustment.

 

Available as a pdf file: Order.pdf