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Exchange of Notes between the Government of Canada and the Government of the United States of America constituting an Agreement to amend the Agreement between the Government of Canada and the Government of the United States of America for Water Supply and Flood Control in the Souris River Basin, done at Washington on October 26, 1989 [2005] CATSer 9 (9 June 2005)

E105033

EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA CONSTITUTING AN AGREEMENT TO AMEND THE AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA FOR WATER SUPPLY AND FLOOD CONTROL IN THE SOURIS RIVER BASIN, DONE AT WASHINGTON ON OCTOBER 26, 1989

I

The Secretary of State of the United States of America to the Ambassador of Canada

Washington, January 14, 2005

His Excellency Michael F. Kergin
Ambassador of Canada

Excellency:

I have the honor 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 Water Supply and Flood Control in the Souris River Basin, signed at Washington October 26, 1989 (the "1989 Agreement"). I have the further honor to propose:

A. That the Bilateral Water Quality Monitoring Group ("Group") established pursuant to paragraph 3 of Article VI of the 1989 Agreement be dissolved.

B. That the 1989 Agreement be amended as follows:

1. Paragraph 3 through 5 of Article VI shall be deleted in their entirety. Paragraphs 6 through 9 of Article VI shall be renumbered as paragraphs 3 through 6;

2. The words "The Group shall" in the chapeau of the new paragraph 3 of Article VI shall be deleted and replaced by the clause "The International Joint Commission ("IJC") shall assist the Parties in the implementation and review of the Program. Accordingly, the Commission is hereby given, by a Reference pursuant to Article IX of the Boundary Waters Treaty of 1909, the responsability to".

3. All other instances of "Group" shall be replaced with "IJC".

If these proposals are acceptable to the Government of Canada, I have the further honor to propose that this note, together with the Embassy's reply to that effect, shall constitute an Agreement between our Governments, which shall enter into force on the date of your note in reply.

Accept, Excellency, the assurances of my highest consideration.

For the Secretary of State:

Roger Noriega

II

The Ambassador of Canada to the Secretary of State of the United States of America

Washington, June 9, 2005

No. WSHDC-0163(e)

Secretary of State Condoleezza Rice:

I have the honour to acknowledge with thanks receipt of your Note of January 14, 2005 which refers to recent 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 Water Supply and Flood Control in the Souris River Basin, signed on October 26, 1989, and which proposes to amend the Agreement as follows:

A. That the Bilateral Water Quality Monitoring Group ("Group) established pursuant to paragraph 3 of Article VI of the 1989 Agreement be dissolved.

B. That the 1989 Agreement be amended as follows:

1. Paragraphs 3 through 5 of Article VI shall be deleted in their entirety. Paragraphs 6 through 9 of Article VI shall be renumbered as paragraphs 3 through 6;

2. The words '''The Group shall" in the chapeau of the new paragraph 3 of Article VI shall be deleted and replaced by the clause '''The International Joint Commission ("IJC'') shall assist the Parties in the implementation and review of the Program. Accordingly, the Commission is hereby given, by a Reference pursuant to Article IX of the Boundary Waters Treaty of 1909, the responsibility to";

3. All other instances of "Group" shall be replaced with "IJC".

I have the further honour to inform you that the proposals outlined above and in your Note are acceptable to the Government of Canada.

Therefore, your Note, and this Note in reply, which is equally authentic in English and French, shall constitute an Agreement between the Government of Canada and the Government of the United States of America amending their 1989 Agreement for Water Supply and Flood Control in the Souris River Basin which will enter into force on the date of this reply.

Accept the renewed assurances of my highest consideration.

Jon Allen
Minister (Political Affairs)