INTERNATIONAL JOINT COMMISSION

9 January 2003

IN THE MATTER OF THE APPLICATION OF THE CRESTON VALLEY WILDLIFE MANAGEMENT AUTHORITY FOR APPROVAL OF THE CONSTRUCTION, OPERATION AND MAINTENANCE OF A DYKE AND APPURTENANT WORKS IN DUCK LAKE AND FOR AN ORDER AMENDING THE ORDER OF APPROVAL OF THE COMMISSION DATED 12 OCTOBER 1950, AS AMENDED BY THE ORDERS OF APPROVAL OF THE COMMISSION DATED 3 APRIL 1956 AND 31 MARCH 1970.

SUPPLEMENTARY ORDER


WHEREAS the Commission’s Order, as amended, among other things, requires that the discharge control works at the outlet of Duck Lake shall be opened by Creston Valley Wildlife Management Authority or its successor by the 7 th day of January of each year and shall remain open during the Kootenay Lake storage drawdown period to permit the level of Duck Lake to recede with that of Kootenay Lake;

WHEREAS conditions are dry in the Kootenay Lake watershed and are projected to remain so;

WHEREAS the level of Kootenay Lake, which on 30 December 2002 was 1744.6 feet, is projected to fall more rapidly than usual, and to lower levels than usual, over the next few months;

WHEREAS the level of Duck Lake, which on 3 January 2003 was 1746.46 feet, will be greatly influenced by the level of Kootenay Lake when the discharge control works at its outlet are open, and may therefore fall earlier than usual to levels lower than usual;

WHEREAS water levels in Duck Lake in recent years have raised concerns over potential detrimental effects of low water levels on bass;

WHEREAS the Commission’s International Kootenay Lake Board of Control, which oversees Duck Lake operations in compliance with the Commission’s Order, has recommended that the Commission allow a variance for calendar year 2003 whereby Duck Lake gates are to be operated full open after 7 January 2003, except that gate discharge may be reduced to retain a maximum elevation of 1744 feet, until gates are closed after commencement of the spring rise is declared by that Board;

WHEREAS the International Kootenay Lake Board of Control has consulted the Creston Valley Wildlife Management Authority and officials of the Province of British Columbia, within which the impacts of water levels within Duck Lake are confined, and determined that each found the Board’s recommendation acceptable;

WHEREAS the Commission is providing a public comment period, ending 5 February 2003, to provide interested parties a convenient opportunity to be heard prior to this Supplementary Order taking effect;

NOW, THEREFORE, THE COMMISSION ORDERS AND DIRECTS THAT, notwithstanding the requirements of the Commission’s Order of Approval of 31 March 1970, in the light of the potentially unduly low water levels in Duck Lake that may result otherwise, the Commission hereby authorizes the Creston Valley Wildlife Management Authority to deviate from the requirements of the Order during calendar year 2003 as follows: Duck Lake gates are to be operated full open after 7 January 2003, except that gate discharge may be reduced to retain a maximum elevation of 1744 feet, until gates are closed after commencement of the spring rise is declared by the International Kootenay Lake Board of Control.

This Supplementary Order shall take effect on 6 February 2003 and remain in effect thereafter unless revoked by the Commission.

Dated this 9th Day of January 2003.

By the Commission

Murray Clamen Gerald E. Galloway
IJC Canadian Section Secretary IJC U.S. Section Secretary