To the Senate of the United States:
With a view to receiving the approval of the Senate, I transmit herewith the texts of two notes, signed and exchanged at Washington on March 21, 1969, constituting an agreement between the Government of the United States of America and the Government of Canada, providing for additional temporary diversions from the Niagara River for power production purposes.
It is provided in the agreement that it will enter into force upon notification that the exchange of notes has been approved by the Senate of the United States. The agreement requires Senate advice and consent to approval because it would authorize a departure from the limitations prescribed in the Niagara River Treaty of February 27, 1950 in regard to minimum flows.
An agreement with Canada providing for the construction of a temporary cofferdam above the American Fails at Niagara was concluded by an exchange of notes on the same date. Copies of those notes are transmitted herewith for the information of the Senate. This cofferdam agreement is deemed to be a "special agreement" of the kind expressly authorized by the Boundary Waters Treaty of January 11, 1909 with Canada. It is stipulated in this agreement that it enters into force immediately upon the exchange of notes.
I also transmit for the information of the Senate a report by the Secretary of State explaining more fully the background and purposes of the two agreements.
I urge that the Senate give early and favorable consideration to the agreement authorizing' additional temporary diversions from the Niagara River for power production purposes.
RICHARD NIXON
The White House
April 14, 1969
NOTE: The agreement concerning Niagara River diversions was favorably considered by the Senate on May 13, 1969, and after ratification entered into force on May 20, 1969. It was proclaimed by the President on May 27, 1969. The text is printed, together with the related exchange of notes on the temporary cofferdam, in United States Treaties and Other International Agreements (20 UST 726). The complete exchange of notes, together with the above message and the report of the Secretary of State, is also printed in Senate Executive C (91st Cong., 1st sess.).
Richard Nixon, Message to the Senate Transmitting United States-Canadian Agreements Online by Gerhard Peters and John T. Woolley, The American Presidency Project https://www.presidency.ucsb.edu/node/238844