NOTES

Preface

1. R.H.S. Crossman, The Diaries of a Cabinet Minister (London: Hamilton, Cape, 1975-77) and David E. Lilienthal, The Journals of David E. Lilienthal (New York: Harper and Row, 1964).

Old Water

1.Wilkinson v Rafferty-Alameda Board of Inquiry (1987), 64 Sask R 170 (QB).
2. Peter Gzowski, The Private Voice: A Journal of Reflections (Toronto: McClelland and Stewart, 1988),91.
3. There is evidence that this region could have been subjected to much longer climactic fluctuations than are apparent from examination of Souris River flow data from the twentieth century. For greater deatail see: J.T. Finnigan, Souris Basin Heritage Study Summary Report on the 1984 to 1992 Archaeology Programs, Western Heritage Services, Saskatoon, 1992.
4. Allan Turner, Early History of the Souris River (Saskatchewan Archive, 1958), 4.
5. Ibid., 5.
6. Edward McCourt, Saskatchewan (Toronto: MacMillan, 1968), 7.
7. Marc Reisner, Cadillac Desert (New York: Penguin Books, 1986),12.
8. Norman Ward, "Saskatchewan," cited in James Marsh (ed), The Canadian Encyclopedia,Vol II (Edmonton: Hurtig Publishers, 1985), 1637.
9. C.T. Shay, L.P. Stene, J.M. Shay, and L.C. Wilson, "Preliminary Report of Paleocological Investigations in the Proposed Rafferty Dam Area, Southeastern Saskatchewan," in Journal of North Dakota Archaeological Association, Vol 4, 1990,47.
10. Edgar Sawyer, cited in Olga Klimko and Michael Taft(eds), Them Days: Memories of a Prairie Valley(Saskatoon: Fifth House Publishers, 1991),27.
11. Souris Basin Development Authority, Submission to the Rafferty-Alameda Federal Environmental Assesment Panel, Tavelogue, 1990. See photos 81,82,230.
12. United States War Department, "Narrative and Final Report by Isaac I. Stevens, Governor of Washington Territory, upon the Route near the 47th and 49th Paralels," in Reports of Explorations and Surveys to ascertain the most practical and economical route for a railroad from the Mississippi River to the Pacific Ocean, 1835-1855, Vol XII, Part 1.
13. Edith Paterson, "Coal came in Barges Down the Souris River," in Winnepeg Free Press (Apr 4, 1970).
14. SBDA Environmental Impact Statement, Summary Report (Estevan, 1987).
15. Western Heritage Services, Oral History Transcripts, Estevan, 1990.
16. Klimko and Taft, 111. See note 10.
17. Ibid., 116.
18. Souris Basin Development Authority, "Facts: The Rafferty and Alameda Reservoirs" (1988), #11.
19. "Estevan Dam Would Assure Steady Flow of Mouse in Minot," Minot Daily News, (Feb 20, 1932).
20. Internation Joint Commission, Report of the Souris River Investigation (Ottawa,1940), 39. In Jan 1940 the Governments of Canada and the United States referred three questions to the IJC:

1. ...what opportionment should be made of the waters of the Souris(Mouse) River and its tributaries, the waters of which cross the international boundary to the Province of Saskatchewan, the State of Nort Dakota, and the Province of Manitoba? 2. What methods of control and operation would be feasible and desirable in order to regulate the use and flows of the waters of the Souris (Mouse) River and of its tributaries, the waters of which cross the international boundary, in accordance with the apportionment recommended in the answer to question 1? 3. Pending a final answer to questions 1 and 2, what interim measures of regime should be adopted to secure the foregoing objects?

21. Ibid., 42.
22. J. Clark Salyer, quoted in International Joint Commission, ibid., 30.
23. IJC 1940, 48. See note 20.
24. Ibid., 49.
25. Ibid., 51. As far as Manitoba was concerned in the 1940 reference, the IJC recommended a regulated flow of not less than ten cubic feet per second released from North Dakota to Manitoba during June, July, Aug, Sept, and Oct of each year. As will be evident when considering the 1959 Souris River Reference to the IJC and the interim apportionment decisions taken nineteen years later, in 1940 the members of the commission were extremely cautious recommending licenses for new uses. A factor in their deliberations may well have been that there was no large institutional demand for water within the North Dakota portion of the basing where the twenty-one dams were. By virtually maintaining the status quo on the Souris, the IJC gave American intrests a tremendous advantage at the expense of both Saskatchewan and Manitoba. The ten cubic feet per second apportionment to Manitoba made in 1940 was doubled in 1959 to twenty cubic feet per second and still found to be inadequate. The recommendations of the commission and the subsequent decisions by the respective federal governments were not sufficient to satisfy Saskatchewan or Manitoba.
26. IJC 1940, 51. See note 20.
27. Letter from Saskatchewan Agriculture to External Affairs Re: Souris River Apportionment (June 10, 1957).
28. Letter to the International Joint Commission, Aug 1957, cited in George D. Hill, QC, Remarks to the Senate Agriculture and Forestry Committee (Sept 29, 1988).
29. Province of Saskatchewan, Department of Agriculture, Souris River Reference before IJC Hearing at Estevan, Sask., 1955, 3.
30. John E. Carroll, Environmental Diplomacy (Ann Arbor: University of Michigan Press, 1983), 184.
31. Rochon Memorandum Re: Rafferty/Alameda Project: IJC Interim Apportionment Measures (Department of External Affairs, Dec 12, 1988).
During the negotiations leading up to the signing of the agreement between Canada and the United States in 1989, which made provision for flood protection for the city of Minot, ND, the question of inherent riparian water rights on transboundary rivers was raised by reprensatatives of the Manitoba government. In the course of the negotiations, Manitoba officials indicated that, under the 1959 interim apportionment, that province was not receiving its fair share of the waters of the Souris River. Manitoba also stressed that it wanted to determine whether it had an inherent right to half the natural flow of the Souris as opposed to the twenty cubic feet per second that it was receiving. To this end the representatives of the government of Manitoba requested a legal opinion from the Department of External Affairs. The opinion received was that there was "...no basis in customary international law for the proposition that either a downstream state (in this case, Manitoba) or an upstream state (in this case, Saskatchewan) has an inherent right to half the natural flow of a transboundary river."

32. "A Brief Concerning Better Flood Control and Water Utilization in the Souris River Basin - Specifically From Weyburn to Oxbow" (Moose Jaw - Souris Water Association Area #4, June 12, 1970).
33. R.G. Trout. Interview with author (Nov. 7, 1993).
34. Grant Gross, "Voice of the Legislature: When Orlin Hanso talks, things happen," in Minot Daily News (nd).
35. Rep. Orlin Hanson, as quoted in Environment Canada, Refferty-Alameda Project, Intial Environmental Evaluation, Vol II, Public Consulatation Process, PA-181, Regina, Sask, 1989. Hanson claimed he was invoking the words of Winston Churchill.

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