In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the city of Washington, this third day of May, in the year of our Lord one thousand nine hundred and twelve, and of the Independence of the United States the one hundred and thirty-sixth. [SEAL] By the President: HUNTINGTON WILSON, Acting Secretary of State. WM. H. TAFT ACTION TAKEN BY THE PROVINCIAL GOVERNMENTS OF THE DOMINION OF CANADA RESERVATIONS BY THE PROVINCE OF BRITISH COLUMBIA His Honour the Lieutenant-Governor of British Columbia, by and with the advice of his Executive Council, doth order as follows: That all unalienated Crown lands within the Province of British Columbia lying within sixty feet of the 49th parallel of north latitude which is the boundary line between the United States of America and the Dominion of Canada; and also all unalienated Crown lands lying within sixty feet of the boundary line between the Province of British Columbia and Alaska, be reserved for Government purposes. APPROVED AND ORDERED THIS 5TH DAY OF NOVEMBER, A. D. 1908. JAMES DUNSMUIR, Lieutenant-Governor. A. CAMPBELL REDDIE, Deputy Clerk, RESERVATIONS BY THE PROVINCE OF ALBERTA In Alberta, while no legislation has as yet been passed making reservations of land along the boundary, the system of public land surveys provides for a road allowance 66 feet in width along and adjoining the boundary. RESERVATIONS BY THE PROVINCE OF SASKATCHEWAN The Provincial Lands Act of Saskatchewan of 1931, Section 6, provides as follows: (1) There is hereby reserved to the Crown out of every disposition of Provincial lands extending to the boundary line between Canada and the United States of America a strip of land one chain in width measured from such boundary line, and no buildings or works shall be erected or executed on such land. (2) Notwithstanding subsection (1) the Crown may permit the occupation of or otherwise dispose of any such reserved strip of land or any part thereof for the purposes of the construction of railways, waterways, wharves, bridges, canals, ditches, or other works of public character, upon such terms and conditions as the Lieutenant Governor in Council may in each case prescribe. RESERVATIONS BY THE PROVINCE OF MANITOBA In 1930 the Provincial Legislature of Manitoba enacted "The Provincial Lands Act", being chapter 32 of the Statutes of that year, and in section 6, subsections (1) and (2) provided as follows: 6. (1) There is hereby reserved to the Crown out of every disposition of Provincial lands extending to the sea or any inlet thereof or to the boundary line between Canada and the United States of America or between the Province of Manitoba and the Provinces of Ontario or Saskatchewan, or the Northwest Territories, respectively, whether under this or any other Act of this Legislature, a strip of land one and one-half chains in width measured from high water mark or such boundary line, as the case may be, and no buildings or works shall be erected or executed on such land. (2) Notwithstanding subsection (1) hereof the Crown may permit the occupation of or otherwise dispose of any such reserved strip of land or any part thereof for the purposes of the construction of railways, waterways, wharves, docks, shipyards, bridges, canals, ditches, or other works of a public character, upon such terms and conditions as the Lieutenant-Governorin-Council may in each case prescribe. This Act was repealed in 1934 by "The Crown Lands Act", being chapter 7 of the Statutes of that year, and in section 5 thereof it is provided as follows: 5. In the absence of express provision to the contrary therein, there is reserved to the Crown out of every disposition of Crown land, (a) in case the land extends (i) to the sea or an inlet thereof; or (ii) to the shores of any navigable water or an inlet thereof; or (iii) to the boundary line between Canada and the United States of America, or between the Province and the Provinces of Ontario or Saskatchewan, or the Northwest Territories; a strip of land one and one-half chains in width, measured from ordinary high-water mark or from the boundary line, as the case is; (b) where the land borders a body of navigable water, the public right of landing from and mooring boats and vessels so far as is reasonably necessary; (c) where the land borders a body of water, (i) the bed of the body of water below ordinary high-water mark; and (ii) the public right of passage over a portage road or trail in existence at the date of the disposition; (d) mines and minerals, together with the right to enter, locate, prospect, mine for, and remove minerals; (e) the right to and to use land necessary for the protection or development of adjacent water power; and (f) the right to raise or lower the levels of a body of water adjacent to the land, regardless of the effect upon the land, but subject to the payment of compensation for permanent improvements on the land to the extent that the improvements are damaged thereby. AGREEMENT OF THE COMMISSIONERS AS TO THE MANNER IN WHICH THE PROVISIONS OF THE CONCURRENT ACTION OF 1902-1903, OF ARTICLES VI AND VII OF THE TREATY OF 1908, AND OF ARTICLES I AND II OF THE TREATY OF 1925 SHOULD BE CARRIED OUT At a meeting of the Commissioners held in Washington on March 16, 1904, their appointments under the concurrent action of the two Governments were presented and found to be in due and proper form. At this and subsequent conferences, including the first meeting of the Commissioners under the treaty of 1908 held in Ottawa on December 28, 1908, it was agreed that the reestablishment of the boundary under the concurrent action of the two Governments in 1902-1903 and under the provisions of articles VI and VII of the treaty of 1908 and articles I and II of the treaty of 1925 should be carried out in the following manner: I. That the retracement and mapping of the parts of the boundary line west of the summit of the Rocky Mountains, done in 1901 and 1902, in which both Governments participated prior to their concurrent action regarding this part of the boundary, should be accepted; and that the results should be incorporated in the final reports made by the Commissioners. II. That, in accordance with the instructions received from their respective Governments, the boundary line along the 49th parallel between the United States and Canada from Point Roberts to the summit of the Rocky Mountains should be located in accordance with the conclusions of the Commission of 1857-1869, signed by the Commissioners in Washington May 7, 1869, namely: "It is agreed by the Commissioners that between any two successive defined points marked on the ground, shown on the maps, and set forth in the accompanying lists, the line of boundary above described is to be understood to be a right or straight line; and this rule is to apply throughout the entire boundary without regard to the distances between the consecutive monuments or to the course of the parallel in such intervals." III. That, in order to expedite the work and to save expense, the United States parties and the Canadian parties should work independently; and, taking into consideration the difficulties and estimated cost of the work in different localities, in order to bring about an equal division of the expense, the following sections of the line west of the summit of the Rocky Mountains should be surveyed and monumented by Canadian parties: From Point Roberts to the boundary crossing of the Skagit River___ 91 miles 42 miles 1 Parts of sheets 10, 17, and 18 of the 49th parallel boundary maps are marked "surveyed in 1901.” 25 From the crossing of the Kettle River near Laurier, Washington (Cascade, British Columbia), to the crossing of the Kootenai 2 River at Porthill, Idaho...- Total... 77 miles 210 miles and the following sections of the line west of the summit of the Rocky Mountains should be surveyed and monumented by United States parties: From the crossing of the Skagit River to the crossing of the From the crossing of the Kettle River at Midway, British Columbia, From the crossing of the Kootenai River at Porthill, Idaho, to the summit of the Rocky Mountains.. Total... 63 miles པ 26 miles 111 miles 200 miles and that each Government should bear all the expenses of surveying and monumenting the sections as set forth above. That the following sections of the line east of the summit of the Rocky Mountains should be surveyed and monumented by United States parties accompanied by a Canadian representative: From the summit of the Rocky Mountains to the railroad crossing at Sweetgrass, Montana (Coutts, Alberta), Monument 272 to Monument 333.. From the first original monument west of Frenchman Creek to the first monument west of west branch of Short Creek, Monument 478 to Monument 620___ 95 miles 208 miles From the first monument west of Red River to the Northwesternmost Point of Lake of the Woods, Monument 832 to Monument 925 115 miles 418 miles Total... and the following sections of the line east of the summit of the Rocky Mountains should be surveyed and monumented by Canadian parties accompanied by a United States representative: From Coutts, Alberta, to the first original monument west of Frenchman Creek, Monument 333 to Monument 478... 207 miles From the first monument west of west branch of Short Creek to the first monument west of Red River, Monument 620 to Monument 832... 255 miles 462 miles Total... and that each Government should bear all the expenses of surveying and monumenting the sections as set forth above. IV. That east of the summit of the Rocky Mountains, in following the provision of the treaty of 1908 which reads: "In the intervals between the monuments along the parallel of latitude, it is agreed that the line has the curvature of a parallel of 49° north latitude; and that such characteristic shall determine all questions that 2 The spelling authorized by the United States Board on Geographical Names is Kootenai; by the Geographic Board of Canada, Kootenay. may hereafter arise with reference to the position of the boundary at any point between neighboring monuments", that all intermediate monument locations should be determined by offsets from the chord joining original monuments and that the intervals between adjacent monument sites should be held down to such lengths that on the ground the straight lines joining adjacent monuments will closely conform to a line joining the original monuments, which has the curvature of a parallel of 49° of north latitude. V. That west of the summit of the Rocky Mountains the boundary line should be marked by aluminum-bronze monuments, set in concrete bases, at prominent places, such as roads, trails, and stream crossings, and so located that adjacent monuments will be intervisible where practicable; that the distance between monuments should not exceed 3 miles, save in very exceptional cases where 4 miles should not be exceeded; and that all monuments, recognized by the Commission of 18571869 as being on the line, should be replaced by new monuments, except Monument No. 1 (the obelisk at Point Roberts) and a few original monuments at sites where permanent monuments cannot be maintained. And that, from the summit of the Rocky Mountains east to the North Fork of Milk River, the boundary line should be marked by aluminum-bronze monuments set under the same specifications as to distance apart and intervisibility as those set west of the summit. That from the North Fork of Milk River east to Lake of the Woods one-piece hollow cast-iron monuments, filled with concrete, identical in form with those set in 1872-1875, should be set to mark the boundary at distances apart not to exceed 2 miles except in a few exceptional cases, where 24 miles should not be exceeded; and that adjacent monuments should be made intervisible where practicable. VI. That each monument should bear a suitable number, cast in raised letters or outlined in drill holes in the metal, to identify it on the ground, in the joint report of the Commissioners, and on the boundary maps. VII. That the boundary through timbered areas should be further marked by a vista of sufficient width to give a cleared 20-foot sky line along the boundary.3 VIII. That, for the purpose of accurately defining, locating, and describing the boundary as laid down by the Commissioners, all boundary monuments and boundary reference monuments should be located geodetically on the North American datum of 1927 by triangulation or by traverses controlled by triangulation, and their positions should be certified by the Commissioners in their joint report as being a true description and definition of the International Boundary as reestablished, surveyed, and marked in accordance with the instructions issued under the concurrent action of the two Governments in 1902-1903 and in accordance with the provisions of articles VI and VII of the treaty of 1908 and articles I and II of the treaty of 1925. IX. That the charts of the boundary, specified in articles VI and VII of the treaty of 1908, should consist of a series of 59 topographic maps, to be prepared from surveys made by the Commissioners, showing the boundary monuments, the course of the boundary, and the topography on each side of the line. That the scale of these maps should be 1: 62,500. That from the Gulf of Georgia (Georgia Strait) to the eastern foothills of the Rocky Mountains, that is, to longitude 113°30′, the topography should be shown on the boundary maps for a minimum distance of 2 miles on each side of the line and a contour interval of 100 feet should be used; that from the eastern foothills of the Rocky Mountains to Lake of the Woods, the topography should be shown for a minimum distance of 1 mile on each side of the boundary and a contour interval of 20 feet or less should be used. 3 Agreements I to VII were made and carried out in full prior to the conclusion of the treaty of 1925. |