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1989-10-26 Souris River Flood Control Agreement

REFERENCE LETTER TO THE INTERNATIONAL JOINT COMMISSION

January 12th, 1948

Sir:

I have the honour to advise you that in accordance with Article IX of the Boundary Waters Treaty of January 11, 1909, the Governments of Canada and the United States have agreed to refer to the International Joint Commission the following matters for joint examination and advisory report, including recommendations and conclusions:

To investigate and report on the water requirements arising out of the existing dams and other works or projects located in the waters which are of common interest along, across, or in the vicinity of the international boundary from the eastern boundary of the Milk River drainage basin on the west up to and including the drainage basin of the Red River of the North on the east.
To report whether in the judgment of the Commission further uses of these waters within their respective boundaries by Canada and the United States would be practicable in the public interest from the points of view of the two Governments.
Having regard to the reports made under paragraphs 1 and 2, and for those streams where in the judgment of the International Joint Commission apportionment of the waters is advisable, to make advisory recommendations concerning the apportionment which should be made between Canada and the United States of such of the waters under reference as cross the international boundary, and with respect to each such crossing of the international boundary.
To conduct necessary investigations and to prepare a comprehensive plan or plans of mutual advantage to the two countries for the conservation, control, and utilization of the waters under reference in accordance with the recommended apportionment thereof.

In the conduct of its investigations, and otherwise in the performance of its duties under this Reference, the International Joint Commission may utilize the services of engineers and other specially qualified personnel of technical agencies of Canada and the United States, and will, so far as possible, make use of information and technical data which has been acquired by such technical agencies or which may become available during the course of the investigation, thus avoiding duplication of effort and unnecessary expense.

The Commission should submit its report and recommendations to the two Governments as soon as practicable.

Directive Creating the International Souris River Board of Control (1959)

In a Report to the Governments of the United States and Canada concerning the Souris River, dated 19 March 1958, the International Joint Commission, hereinafter called the Commission, recommended that the two Governments approve certain interim measures, which are described in detail in paragraph 22 of the Report, in substitution for the interim measures which had been recommended in the Commission’s Report of 2 October 1940 and later approved by both Governments.

The Commission recommended also in the said Report that it be authorized to create a joint board of engineers consisting of two members, one from the United States and one from Canada; the board to be charged, during the intervening period prior to the adoption of permanent measures, with the responsibility of ensuring compliance with the interim measures set out in paragraph 22 of the Report.

By letters dated March 20, 1959 and April 3, 1959 respectively, the Commission was advised that the Government of Canada and the Government of the United States approved all the recommendations contained in paragraph 22 of the said Report.

Now, therefore, it is hereby ordered and directed:

That the International Souris River Board of Control, hereinafter called the Board of Control, be and is hereby created, to consist of two members, one from the United States and one from Canada. The two members of the Board of Control shall be nominated by the respective Sections of the Commission and appointed by the Commission; (By Executive Decision of July 6, 1983, the IJC expanded membership of the Board to three members from each country.)
That the Board of Control shall perform the duties specifically assigned to it in paragraph 22 (3)(b) of the said Report dated 19 March 1958 and, during the intervening period prior to the adoption of permanent measures, shall be responsible for ensuring compliance with the interim measures recommended in paragraph 22 of the said Report (links to 1959 Measures; 1992 revision; Dec 2000 revision) and heretofore approved by both Governments;
That the Board of Control shall submit annual reports to the Commission prior to its meeting in April of each year; shall submit to the Commission such other reports as the Commission may require from time to time or as the Board in its discretion may desire to file; and shall keep the Commission currently informed with regard to any critical water supply or flow conditions arising in the Souris River Basin;
That in the event of disagreement between the members of the Board of Control, the matters in controversy shall be referred to the Commission for decision;
That the International Souris River Board of Control, which was created by the Commission pursuant to the recommendations contained in its Report dated 2 October, 1940 to the Government of the United States and the Government of Canada, be and is hereby dissolved.

1959 Interim Measures

Extract from IJC Docket #41
March 19, 1958 IJC Report to Governments on the Souris River

Page 11, Paragraph 22.
The Commission recommends that it be authorised to create the Board referred to in paragraph 21 and that the two Governments approve the following interim measures in substitution for the interim measures which were recommended in the report dated 2 October 1940 and heretofore approved:

The Province of Saskatchewan shall have the right to divert, store, and use waters which originate in the Saskatchewan portion of the Souris River basin, provided that such diversion, storage, and use shall not diminish the annual flow of the river at the Sherwood Crossing more than fifty percent of that which would have occurred in the state of nature. For the benefit of riparian users of water between the Sherwood Crossing and the upstream end of Lake Darling, the Province of Saskatchewan shall so far as practicable regulate its diversions, storage, and uses in such manner that the flow in the Souris River channel at the Sherwood Crossing shall not be less than four (4) cubic feet per second when that much flow would have occurred under the conditions of water use development prevailing in the Saskatchewan portion of the Souris River basin prior to construction of the Long Creek dam referred to in paragraphs 12 and 14 above.
Except as otherwise provided herein with respect to delivery of water to the Province of Manitoba, the State of North Dakota shall have the right to divert, store, and use the waters which originate in the North Dakota portion of the Souris River basin together with the waters delivered to the State of North Dakota at the Sherwood Crossing under Recommendation (1) above; provided, that any diversion, use, or storage of Long Creek water shall not diminish the annual flow at the eastern crossing of Long Creek into Saskatchewan below the annual flow of said Creek at the western crossing into North Dakota.
(a) In addition to the waters of the Souris River basin which originate in the Province of Manitoba, that Province shall have the right, except during periods of severe drought, to receive for its own use and the State of North Dakota shall deliver from any available source during the months of June, July, August, September, and October of each year, six thousand and sixty-nine (6,069) acre-feet of water at the Westhope Crossing regulated so far as practicable at the rate of twenty (20) cubic feet per second except as set forth hereinafter: provided, that in delivering such water to Manitoba no account shall be taken of water crossing the boundary at a rate in excess of the said 20 cubic feet per second.
(b) In periods of severe drought when it becomes impracticable for the State of North Dakota to provide the foregoing regulated flows, the responsibility of the State of North Dakota in this connection shall be limited to the provision of such flows as may be practicable, in the opinion of the said Board of Control, in accordance with the objective of making water available for human and livestock consumption and for household use. It is understood that in the circumstances contemplated in this paragraph the State of North Dakota will give the earliest possible advice to the International Souris River Board of Control with respect to the onset of severe drought conditions.
In event of disagreement between the two sections of the International Souris River Board of Control, the matters in controversy shall be referred to the Commission for decision.
The interim measures for which provision is herein made shall remain in effect until the adoption of permanent measures in accordance with the requirements of questions (1) and (2) of the Reference of January 15 1940, unless before that time these interim measures are qualified or modified by the Commission.

Signed this nineteenth day of March, 1958.

Signed by:
A.G.L. McNaughton
Douglas McKay
J. Lucien Dansereau
Roger B. McWhorter
D.M. Stephens
Eugene W. Weber

Interim Measures as Modified in 1992

The Governments of the United States and Canada entered into an Agreement for Water Supply and Flood Control in the Souris River Basin on October 26, 1989. Pursuant to this Agreement, certain of the 1959 Interim Measures for the apportionment of the waters of the Souris River have been modified. Specifically, the Interim Measures relating to the sharing of the annual flow of the Souris River from Saskatchewan into North Dakota contained in paragraph 22(l) of the Commission’s 1958 Report to Governments have been replaced by the provisions of Annex B of the 1989 Agreement. The remaining Interim Measures are not affected.

In light of the above noted modifications and pursuant to a February 28, 1992 request from the Governments of the United States and Canada, the Commission hereby directs the International Souris River Board of Control to begin applying the “Interim Measures as Modified." The Board’s other responsibilities with respect to the Commission’s Directive of May 31, 1959 remain unchanged.

Annex B

The Province of Saskatchewan shall have the right to divert, store, and use waters which originate in the Saskatchewan portion of the Souris River basin, provided that such diversion, storage, and use shall not diminish the annual flow of the river at the Sherwood Crossing more than fifty percent of that which would have occurred in the state of nature, as calculated by the Board. For the benefit of riparian users of water between the Sherwood Crossing and the upstream end of Lake Darling, the Province of Saskatchewan shall so far as is practicable regulate its diversions, storage, and uses in such a manner that the flow in the Souris River channel at the Sherwood Crossing shall not be less than 0.113 cubic metres per second (4 cubic feet per second) when that much flow would have occurred under the conditions of water use development prevailing in the Saskatchewan portion of the Souris River basin prior to construction of the Boundary Dam, Rafferty Dam, and Alameda Dam.
- Under certain conditions, a portion of the North Dakota share will be in the form of evaporation from Rafferty and Alameda Reservoirs. During years when these conditions occur, the minimum amount of flow actually passed to North Dakota will be forty percent of the natural flow at the Sherwood Crossing. This lesser amount is in recognition of Saskatchewan’s operation of Rafferty Dam and Alameda Dam for flood control.

The following rules determine the percentage of the natural flow at Sherwood Crossing which is to be passed to North Dakota:

If the level of Lake Darling is below an elevation of 485.24 meters (1592.0 feet) on October 1 in any calendar year, Saskatchewan will pass fifty percent of the natural flow at Sherwood Crossing in that year and in succeeding years until the level of Lake Darling is above an elevation of 485.55 metres (1593.0 feet) on October 1.
If the natural flow at the Sherwood Crossing is equal to or less than 24 670 cubic decametres (20,000 acre-feet) prior to October 1 of that year, then Saskatchewan will pass fifty percent of the natural flow to North Dakota in that year.
If the conditions specified in subparagraphs l(a)(i) and l(a)(ii) do not apply, then Saskatchewan will pass at least forty percent of the natural flow at the Sherwood Crossing to North Dakota.

Flow releases to the United States should occur (except in flood years) in the pattern which would have occurred in a state of nature. To the extent possible and in consideration of potential channel losses and operating efficiencies, releases from the Canadian Dams will be scheduled to coincide with periods of beneficial use in North Dakota. Normally, the period of beneficial use in North Dakota coincides with the timing of the natural hydrograph, and that timing should be a guide to releases of the United States portion of the natural flow. The flow release to the United States may be delayed when the State of North Dakota determines and notifies Saskatchewan through the Board that the release would not be of benefit to the State at that time. The delayed release may be retained for use in Saskatchewan, notwithstanding the minimum release limits, unless it is called for by the State of North Dakota through the Board before October 1 of each year. The delayed release shall be measured at the point of release and the delivery at Sherwood Crossing shall not be less than the delayed release minus the conveyance losses that would have occurred under natural conditions between the point of release and the Sherwood Crossing. A determination of the annual apportionment balance shall be made by the Board on or about October 1 of each year. Any shortfall that exists as of that date shall be delivered by Saskatchewan prior to December 31 if North Dakota requests the delivery.

December 2000 Amendment to the Agreement Between Canada and the United States for the Water Supply and Flood Control of the Souris River Basin

Department of Foreign Affairs and International Trade CANADA

Note No JLAB-0199

Excellency :
I have the honour to refer to discussions between representatives of our two Governments regarding the Agreement between the Government of Canada and the Government of the United States of America for the Water Supply and Flood control in the Souris River Basin, signed in Washington on October 26, 1989 and which entered into force on the same date, and to propose, on behalf of the Government of Canada, that the Agreement be amended as follows:

The text of Section 4.2 of Annex A is deleted in its entirety and replaced by the following: All non-flood operations will be consistent with Annex B.
The text of Section 4.4.1 of Annex A is deleted in its entirety and replaced by the following: All non-flood operations will be consistent with Annex B.
Annex B referred to in Article VII of the Agreement is deleted and replaced by the attached amended Annex B.

If these proposals are acceptable to your Government, I have the further honour to propose that this Note, which is equally authentic in English and French, with its Annex, together with your reply to that effect, shall constitute an Agreement between our two Governments which shall enter into force on the date of Your Excellency’s Note in reply.

Minister of Foreign Affairs
Ottawa,
December 20, 2000

ANNEX B

The Province of Saskatchewan shall have the right to divert, store, and use waters which originate in the Saskatchewan portion of the Souris River basin, provided that such diversion, storage, and use shall not diminish the annual flow of the river at the Sherwood Crossing more than 50 percent of that which would have occurred in a state of nature, as calculated by the International Souris River Board of Control (the Board). For the purpose of these calculations, any reference to "annual" and "year" is intended to mean the period January 1 through December 31. For the benefit of riparian users of water between the Sherwood Crossing and the upstream end of Lake Darling, the Province of Saskatchewan shall, so far as is practicable, regulate its diversion, storage, and uses in such a manner that the flow in the Souris River channel at the Sherwood Crossing shall not be less than 0.113 cubic metres per second (4 cubic feet per second) when that much flow would have occurred under the conditions of water use development prevailing in the Saskatchewan portion of the Souris River basin prior to construction of the Boundary Dam, Rafferty Dam and Alameda Dam.

Under certain conditions, a portion of the North Dakota share will be in the form of evaporation from Rafferty and Alameda Reservoirs. During years when these conditions occur, the minimum amount of flow actually passed to North Dakota will be 40 percent of the annual natural flow volume at the Sherwood Crossing. This lesser amount is in recognition of Saskatchewan’s operation of Rafferty Dam and Alameda Dam for flood control in North Dakota and of evaporation as a result of the project.

Saskatchewan will deliver a minimum of 50 percent of the annual natural flow volume at the Sherwood Crossing in every year except in those years when the conditions given in (i) or (ii) below apply. In those years, Saskatchewan will deliver a minimum of 40 percent of the annual natural flow volume at the Sherwood Crossing.
- The annual natural flow volume at Sherwood Crossing is greater than 50 000 cubic decametres (40 500 acre-feet) and the current year June 1 elevation of Lake Darling is greater than 486.095 metres (1594.8 feet); or
- The annual natural flow volume at Sherwood Crossing is greater than 50 000 cubic decametres (40 500 acre-feet) and the current year June 1 elevation of Lake Darling is greater than 485.79 metres (1593.8 feet), and since the last occurrence of a Lake Darling June 1 elevation of greater than 486.095 metres (1594.8 feet) the elevation of Lake Darling has not been less than 485.79 metres (1593.8 feet) on June 1.
Notwithstanding the annual division of flows that is described in (a), in each year Saskatchewan will, so far as is practicable as determined by the Board, deliver to North Dakota prior to June 1, 50 percent of the first 50 000 cubic decametres (40 500 acre-feet) of natural flow which occurs during the period January 1 to May 31. The intent of this division of flow is to ensure that North Dakota receives 50 percent of the rate and volume of flow that would have occurred in a state of nature to try to meet existing senior water rights.
Lake Darling Reservoir and the Canadian reservoirs will be operated (insofar as is compatible with the Projects’ purposes and consistent with past practices) to ensure that the pool elevations, which determine conditions for sharing evaporation losses, are not artificially altered. The triggering elevation of 485.79 metres (1593.8 feet) for Lake Darling Reservoir is based on existing water uses in North Dakota, including refuges operated by the U.S. Fish and Wildlife Service. Each year, operating plans for the refuges on the Souris River will be presented to the Board. Barring unforeseen circumstances, operations will follow said plans during each given year. Lake Darling Reservoir will not be drawn down for the sole purpose of reaching the elevation of 485.79 metres (1593.8 feet) on June 1.Releases will not be made by Saskatchewan Water Corporation from the Canadian reservoirs for the sole purpose of raising the elevation of Lake Darling Reservoir above 486.095 metres (1594.8 feet) on June 1.
Flow releases to the United States should occur (except in flood years) in the pattern which would have occurred in a state of nature. To the extent possible and in consideration of potential channel losses and operating efficiencies, releases from the Canadian dams will be scheduled to coincide with periods of beneficial use in North Dakota. Normally, the period of beneficial use in North Dakota coincides with the timing of the natural hydrograph, and that timing should be a guide to releases of the United States portion of the natural flow.
A determination of the annual apportionment balance shall be made by the Board on or about October 1, of each year. Any shortfall that exists as of that date shall be delivered by Saskatchewan prior to December 31.
The flow release to the United States may be delayed when the State of North Dakota determines and notifies Saskatchewan through the Board that the release would not be of benefit to the State at that time. The delayed release may be retained for use in Saskatchewan, notwithstanding the 0.113 cubic metres per second (4 cubic feet per second) minimum flow limit, unless it is called for by the State of North Dakota through the Board before October 1 of each year. The delayed release shall be measured at the point of release and the delivery at Sherwood Crossing shall not be less than the delayed release minus the conveyance losses that would have occurred under natural conditions between the point of release and the Sherwood Crossing. Prior to these releases being made, consultations shall occur between the Saskatchewan Water Corporation, the U.S. Fish and Wildlife Service, and the State of North Dakota. All releases will be within the specified target flows at the control points.

EMBASSY OF THE UNITED STATES OF AMERICA

Ottawa, December 22, 2000

No. 915

Excellency:

I have the honor to acknowledge receipt of note No. JLAB-0199 from the Department of Foreign Affairs and International Trade, dated December 20, 2000, which states in its entirety as follows:

"Excellency,
I have the honour to refer to discussions between representatives of our two Governments regarding the Agreement between the Government of Canada and the Government of the United States of America for the Water Supply and Flood Control in the Souris River Basin,signed in Washington October 26, 1989 and which entered into force on the same date, and to propose, on behalf of the Government, that the Agreement be amended as follows:

The text of Section 4.2 of Annex A is deleted in its entirety and replaced by the following:All non-flood operations will be consistent with Annex B.
The text of Section 4.4.1 of Annex A is deleted in its entirety and replaced by the following:All non-flood operations will be consistent with Annex B.
Annex B referred to in Article VII of the Agreement is deleted and replaced by the Attached amended Annex B.

I have the further honor to accept, on behalf of the Government of the United States of America, this proposal of the Government of Canada.

Accordingly, the Department of Foreign Affairs and International Trade’s note No. JLAB-0199 along with this note shall constitute an agreement between our governments on this matter, which shall enter into force on December 22, 2000.

Accept, Excellency, the renewed assurances of my highest consideration.

His Excellency
John Manley,
Minister of Foreign Affairs,
Ottawa.

Directive to the International Souris River Board

The International Souris River Board was created by the International Joint Commission in April 2000 when it amalgamated the Souris River basin responsibilities previously assigned to the Commission in two separate references by the governments of Canada and the United States. The two references were the International Souris River Board of Control Reference (1959) and the Souris-Red Rivers Engineering Board Reference (1948). The International Souris River Board’s mandate changed further through an exchange of diplomatic notes on June 9, 2005 assigning water quality functions and the oversight for flood forecasting and operations as described in Section 4 below. The consolidation of water quantity, water quality, and the oversight for flood forecasting and operations is a step in the evolution of the International Souris River Board as it moves towards an integrated approach to transboundary water issues in the Souris River basin.

This directive replaces the April 11, 2002 Directive to the International Souris River Board and sets out the mandate under which the Board will operate.

Pursuant to the Boundary Waters Treaty of 1909 and related agreements, responsibilities have been conferred on the Commission to ensure compliance with apportionment measures for the waters of the Souris River, to investigate and report on water requirements and uses as they impact the transboundary waters of the Souris River basin, and to assist in the implementation and review of the Joint Water Quality Monitoring Program pursuant to the 1989 Canada-United States Agreement for Water Supply and Flood Control in the Souris River Basin.
The apportionment measures derive from the approvals given by the governments of Canada and the United States, by letters of March 20, 1959 and April 3, 1959 respectively, to the recommendations made by the Commission in paragraph 22 of its report to the governments of March 19, 1958. Subsequently, with the signing of the Canada-United States Agreement for Water Supply and Flood Control in the Souris River basin on October 26, 1989 (hereafter referred to as the 1989 Agreement), the Interim Measures for apportionment of the Souris River at the Saskatchewan-North Dakota boundary were revised as described in Annex B of the 1989 Agreement. By letters of February 28, 1992, the Commission was requested to monitor compliance with the measures as modified in the 1989 Agreement. By letters of December 20 and 22, 2000, the governments amended Annex B of the 1989 Agreement. The attached Appendix A is a consolidation of the apportionment measures against which the Commission is to monitor compliance.
By letters of January 12, 1948, the governments requested the Commission to undertake investigations of water requirements and uses arising out of existing dams and other works or projects in the mid-continent portion of the Canada-United States boundary, including the Souris River basin, and to make advisory recommendations.
By exchange of diplomatic notes between the governments of Canada and the United States dated January 14 and June 9, 2005, the 1989 Canada-United States Agreement for Water Supply and Flood Control in the Souris River Basin was formally revised to include a reference pursuant to Article IX of the Boundary Waters Treaty which assigned water quality responsibilities contained in the 1989 Agreement to the Commission. The Commission was requested to assist with the implementation and review of the Joint Water Quality Monitoring Program. On October 21, 2005 at the October 2005 Commission’s meeting with governments, the U.S. State Department read a statement into the Commission’s formal record that the U.S. State Department is of the opinion the Commission has the authority and has obtained the notification it needs from the U.S. State Department to proceed with carrying out the flood related responsibilities for the Souris River. On April 6, 2006 at the April 2006 Commission’s meeting with governments, the Department of Foreign Affairs and International Trade indicated that the Board should be assigned these responsibilities. It is recognized that Article X of the 1989 Canada-United States Agreement for Water Supply and Flood Control in the Souris River basin designates the entities responsible for operation and maintenance of the improvements mentioned in the 1989 Agreement and that the operations will be in accordance with the Operating Plan shown in Annex A of the 1989 Agreement. The Department of Army is the entity designated responsible for flood operations within the United States. The Government of Saskatchewan is the Canadian entity designated responsible for flood operations within the Canadian Province of Saskatchewan.
The Board’s mandate is to support the Commission’s initiative to explore and encourage the development of local and regional capacity with the objective of preventing and resolving transboundary disputes regarding the waters and aquatic ecosystem of the Souris River and its tributaries and aquifers. This would be accomplished through the application of best available science and knowledge of the aquatic ecosystem of the basin and an awareness of the needs, expectations and capabilities of residents of the Souris River basin. The Board’s mandate will be accomplished by performing the tasks identified in Clause 6 below.
The Board’s duties shall be to:
- Maintain an awareness of existing and proposed developments, activities, conditions, and issues in the Souris River basin that may have an impact on transboundary water levels, flows, water quality, and aquatic ecosystem health and inform the Commission about existing or potential transboundary issues.
- Oversee the implementation of compliance with the Interim Measures As Modified For Apportionment of the Souris River as described in Appendix A of this document by:
  - identifying an adequate hydro-climatic monitoring network to support the determination of natural flow and apportionment balance,
  - encouraging the appropriate authorities to establish and maintain hydro-climatic monitoring and information collection networks and reporting systems to ensure suitable information is available as required for the determination of natural flow and apportionment balance,
  - informing the Commission, in a timely manner, of critical water supply or flow conditions in the basin,
  - encouraging appropriate authorities to take steps to ensure that apportionment measures are met, and
  - preparing an annual report and submitting it to the Commission.
- Assist the Commission in the review of a Joint Water Quality Monitoring Program (referred to hereafter as "the Program") by:
  - developing recommendations on the Program and the setting of water quality objectives,
  - exchanging data provided by the Program on a regular basis,
  - collating, interpreting, and analyzing the data provided by the Program,
  - reviewing the Program and the water quality objectives at least every five years and developing recommendations, as appropriate, to the Commission to improve the Program and the objectives, and
  - preparing an annual report containing:
  - a summary of the principal activities of the Board during the year with respect to the Program,
  - a summary of the principal activities affecting water quality in the Souris River Basin during the year,
  - a summary of the collated, interpreted, and analyzed data provided by the Program,
  - a summary of the water quality of the Souris River at the two locations at which it crosses the International Boundary,
  - a section summarizing any definitive changes in the monitored parameters and the possible causes of such changes,
  - a section discussing the water quality objectives for the Souris River at the Saskatchewan/North Dakota boundary and at the North Dakota/Manitoba boundary as established and revised pursuant to the 1989 Agreement,
  - a section summarizing other significant water quality changes and the possible causes of such changes, and
  - recommendations on new water quality objectives or on how existing water quality objectives can be met, including suggestions on water quality as it relates to water quantity during periods of low flow, in the event that the annual report indicates that the water quality objectives have not been attained as a result of activities pursued under the 1989 Agreement.
- Perform an oversight function for flood operations in cooperation with the designated entities identified in the 1989 Canada-United States Agreement for Water Supply and Flood Control in the Souris River Basin by:
  - ensuring mechanisms are in place for coordination of data exchange, flood forecasts and communications related to flood conditions and operations;
  - determining whether the operations under the 1989 Agreement should proceed based on the Flood Operation or Non-Flood Operation of the Operating Plan, which is Annex A to the 1989 Agreement, using its criteria and informing designated agencies of this determination;
  - reporting to the Commission on any issues related to flood operations and management; and
  - providing the Commission and the designated entities under the 1989 Agreement recommendations on how flood operations and coordination activities could be improved.
- Report on aquatic ecosystem health issues in the watershed, regularly informing the Commission on the state and implications of aquatic ecosystem health, and encourage the appropriative authorities to establish and maintain water quality and other monitoring and information collection networks and reporting systems to ensure suitable information is available as required for the determination of the health of the aquatic ecosystem.
- Carry out such other studies or activities as the Commission may, from time to time, request.
- Prepare an annual work plan including both routine board activities and new initiatives planned to be conducted in the subsequent year. The work plan shall be submitted annually to IJC for review.
The Board shall provide opportunities for the public to be involved in its work, including at least one public meeting in the basin each year.
The Board shall coordinate and collaborate with other agencies and institutions both within and outside the Souris River basin as may be needed or desirable, and facilitate the timely dissemination of pertinent information within the basin. The Board shall keep the Commission informed of these activities.
The Board shall have an equal number of members from each country. The Commission shall normally appoint each member for a three-year term. Appointments may be renewed for additional terms. Members shall act in their personal and professional capacity, and not as representatives of their countries, agencies or institutions. The Commission shall appoint Canadian and United States co-chairs of the Board and will strive to appoint chairs with complementary expertise that encompasses a broad spectrum of basin issues.
The co-chairs of the Board shall be responsible for maintaining proper liaison between the Board and the Commission, and among the Board members.
The co-chairs shall ensure that members of the Board are informed of all instructions, inquiries, and authorizations received from the Commission and also of activities undertaken by or on behalf of the Board, progress made, and any developments affecting such progress.
The co-chairs may appoint secretaries of the Board who, under the general supervision of the co-chairs, shall carry out such duties as are assigned by the co-chairs or the Board as a whole.
The Board may establish such committees and working groups as may be required to fulfill its responsibilities in a knowledgeable and effective manner. The Commission shall be kept informed of the duties and composition of any committee or working group.
Unless other arrangements are made with the Commission, members of the Board, committees, or working groups shall make their own arrangements for reimbursement of necessary expenditures for travel or other related expenses.
The Board shall inform the Commission in advance of plans for any meetings, or other means of involving the public in Board deliberations, and shall report to the Commission, in a timely manner, on these and any other presentations or representations made to the Board.
The Board shall conduct its public outreach activities in accordance with the Commission’s public information policies and shall maintain files in accordance with the Commission policy on segregation of documents.
Prior to their release, the Board shall provide the text of media releases and other public information materials to the Secretaries of the Commission for review by the Commission’s Public Information Officers.
The Board shall submit an annual report covering all of its activities, including the annual report regarding the Program and the work plan, as described in Section 6 above, to the Commission, at least three weeks in advance of the Commission’s fall semi-annual meeting, and the Board shall submit other reports as the Commission may request or the Board may feel appropriate in keeping with this Directive. Reports shall be submitted in a format suitable for public release and electronic copies shall be provided to each of the Commission’s section offices.
Reports, including annual reports, minutes and correspondence of the Board shall, normally, remain privileged and be available only to the Commission and to members of the Board and its committees until their release has been authorized by the Commission. The Board shall provide minutes of Board meetings to the Commission within 45 days of the close of the meeting in keeping with the Commission’s April 2002 Policy Concerning Public Access to Minutes of Meetings. The minutes will subsequently be put on the Commission’s web site.
If, in the opinion of the Board or of any member, any instruction, directive, or authorization received from the Commission lacks clarity or precision, the matter shall be referred promptly to the Commission for appropriate action.
The Board shall operate by consensus. In the event of any disagreement among the members of the Board which they are unable to resolve, the Board shall refer the matter forthwith to the Commission for decision.
The Commission may amend existing instructions or issue new instructions to the Board at any time.

Signed this ______day of _________, 2007

Elizabeth Bourget
Secretary
United States Section
Murray Clamen
Secretary
Canadian Section

Appendix A to the Directive to the International Souris River Board

Interim Measures
As Modified For Apportionment of the Souris River

By letters dated March 20, 1959 and April 3, 1959, respectively, the Commission was advised that the governments of Canada and the United States approved the apportionment arrangements for the Souris River contained in paragraph 22 of the March 19, 1958 report to the Governments of the United States and Canada concerning the Souris River. The measures became known as the 1959 Interim Measures, and the Commission was assigned responsibility for ensuring compliance with them. Article VII of the 1989 Agreement Between the Government of Canada and the Government of the United States of America For The Water Supply And Flood Control In The Souris River modified paragraph 1 of the 1959 Interim Measures. The measures were further modified by the governments in December 2000. The ‘Interim Measures As Modified’ are as follows:

From Canada-United States Exchange of Letters December 20 and 22, 2000

The Province of Saskatchewan shall have the right to divert, store, and use waters which originate in the Saskatchewan portion of the Souris River basin, provided that such diversion, storage, and use shall not diminish the annual flow of the river at the Sherwood Crossing more than 50 percent of that which would have occurred in a state of nature, as calculated by the International Souris River Board of Control (the Board). For the purpose of these calculations, any reference to "annual" and "year" is intended to mean the period January 1 through December 31.For the benefit of riparian users of water between the Sherwood Crossing and the upstream end of Lake Darling, the Province of Saskatchewan shall, so far as is practicable, regulate its diversion, storage, and uses in such a manner that the flow in the Souris River channel at the Sherwood Crossing shall not be less than 0.113 cubic metres per second (4 cubic feet per second) when that much flow would have occurred under the conditions of water use development prevailing in the Saskatchewan portion of the Souris River basin prior to construction of the Boundary Dam, Rafferty Dam and Alameda Dam.Under certain conditions, a portion of the North Dakota share will be in the form of evaporation from Rafferty and Alameda Reservoirs. During years when these conditions occur, the minimum amount of flow actually passed to North Dakota will be 40 percent of the annual natural flow volume at the Sherwood Crossing. This lesser amount is in recognition of Saskatchewan’s operation of Rafferty Dam and Alameda Dam for flood control in North Dakota and of evaporation as a result of the project.
- Saskatchewan will deliver a minimum of 50 percent of the annual natural flow volume at the Sherwood Crossing in every year except in those years when the conditions given in (i) or (ii) below apply. In those years, Saskatchewan will deliver a minimum of 40 percent of the annual natural flow volume at the Sherwood Crossing.
  - The annual natural flow volume at Sherwood Crossing is greater than 50 000 cubic decametres (40 500 acre-feet) and the current year June 1 elevation of Lake Darling is greater than 486.095 metres (1594.8 feet); or
  - The annual natural flow volume at Sherwood Crossing is greater than 50 000 cubic decametres (40 500 acre-feet) and the current year June 1 elevation of Lake Darling is greater than 485.79 metres (1593.8 feet), and since the last occurrence of a Lake Darling June 1 elevation of greater than 486.095 metres (1594.8 feet) the elevation of Lake Darling has not been less than 485.79 metres (1593.8 feet) on June 1.
- Notwithstanding the annual division of flows that is described in (a), in each year Saskatchewan will, so far as is practicable as determined by the Board, deliver to North Dakota prior to June 1, 50 percent of the first 50 000 cubic decametres (40 500 acre-feet) of natural flow which occurs during the period January 1 to May 31. The intent of this division of flow is to ensure that North Dakota receives 50 percent of the rate and volume of flow that would have occurred in a state of nature to try to meet existing senior water rights.
- Lake Darling Reservoir and the Canadian reservoirs will be operated (insofar as is compatible with the Projects’ purposes and consistent with past practices) to ensure that the pool elevations, which determine conditions for sharing evaporation losses, are not artificially altered. The triggering elevation of 485.79 metres (1593.8 feet) for Lake Darling Reservoir is based on existing water uses in North Dakota, including refuges operated by the U.S. Fish and Wildlife Service. Each year, operating plans for the refuges on the Souris River will be presented to the Board. Barring unforeseen circumstances, operations will follow said plans during each given year. Lake Darling Reservoir will not be drawn down for the sole purpose of reaching the elevation of 485.79 metres (1593.8 feet) on June 1.Releases will not be made by Saskatchewan Water Corporation from the Canadian reservoirs for the sole purpose of raising the elevation of Lake Darling Reservoir above 486.095 metres (1594.8 feet) on June 1.
- Flow releases to the United States should occur (except in flood years) in the pattern which would have occurred in a state of nature. To the extent possible and in consideration of potential channel losses and operating efficiencies, releases from the Canadian dams will be scheduled to coincide with periods of beneficial use in North Dakota. Normally, the period of beneficial use in North Dakota coincides with the timing of the natural hydrograph, and that timing should be a guide to releases of the United States portion of the natural flow.
- A determination of the annual apportionment balance shall be made by the Board on or about October 1, of each year. Any shortfall that exists as of that date shall be delivered by Saskatchewan prior to December 31.
- The flow release to the United States may be delayed when State of North Dakota determines and notifies Saskatchewan through the Board that the release would not be of benefit to the State at that time. The delayed release may be retained for use in Saskatchewan, notwithstanding the 0.113 cubic metres per second (4 cubic feet per second) minimum flow limit, unless it is called for by the State of North Dakota through the Board before October 1 of each year. The delayed release shall be measured at the point of release and the delivery at Sherwood Crossing shall not be less than the delayed release minus the conveyance losses that would have occurred under natural conditions between the point of release and the Sherwood Crossing. Prior to these releases being made, consultations shall occur between the Saskatchewan Water Corporation, the U.S. Fish and Wildlife Service, and the State of North Dakota. All releases will be within the specified target flows at the control points.

From paragraph 22 of March 19, 1958 IJC report:

Except as otherwise provided herein with respect to delivery of water to the Province of Manitoba, the State of North Dakota shall have the right to divert, store, and use the waters which originate in the North Dakota portion of the Souris River basin together with the waters delivered to the State of North Dakota at the Sherwood Crossing under Recommendation (1) above; provided, that any diversion, use, or storage of Long Creek water shall not diminish the annual flow at the eastern crossing of Long Creek into Saskatchewan below the annual flow of said Creek at the western crossing into North Dakota.
- In addition to the waters of the Souris River basin which originate in the Province of Manitoba, that Province shall have the right, except during periods of severe drought, to receive for its own use and the State of North Dakota shall deliver from any available source during the months of June, July, August, September, and October of each year, six thousand and sixty-nine (6,069) acre-feet of water at the Westhope Crossing regulated so far as practicable at the rate of twenty (20) cubic feet per second except as set forth hereinafter: provided, that in delivering such water to Manitoba no account shall be taken of water crossing the boundary at a rate in excess of the said 20 cubic feet per second.
- In periods of severe drought when it becomes impracticable for the State of North Dakota to provide the foregoing regulated flows, the responsibility of the State of North Dakota in this connection shall be limited to the provision of such flows as may be practicable, in the opinion of the said Board of Control, in accordance with the objective of making water available for human and livestock consumption and for household use. It is understood that in the circumstances contemplated in this paragraph the State of North Dakota will give the earliest possible advice to the International Souris River Board of Control with respect to the onset of severe drought conditions.
In event of disagreement between the two sections of the International Souris River Board of Control, the matters in controversy shall be referred to the Commission for decision.
The interim measures for which provision is herein made shall remain in effect until the adoption of permanent measures in accordance with the requirements of questions (1) and (2) of the Reference of January 15 1940, unless before that time these interim measures are qualified or modified by the Commission.