Originally from Revolution in the International Rule of Law: Essays in Honor of Don Wallace, Jr.

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I. Introduction

Much of the boundary between the United States and Canada runs
through rivers and lakes, often midway between the shores of each
country. Recognizing the potential for disputes over the use and control
of these waters, the neighboring countries entered into the Treaty
Between the United States and Great Britain (Canada was then a
Dominion of the Crown) Relating to Boundary Waters (the "BWT" or
the "Treaty") on January 11, 1909.1 The Treaty was then ratified by the
resolution of the U.S. Senate, and ratifications were exchanged on May
5, 1910. Canada assumed BWT obligations upon its independence from
Great Britain in 1931.2

According to the Preamble, the purpose of the BWT is to prevent
disputes between the United States and Canada relating to boundary
waters, to settle all questions involving the rights and obligations
regarding the common frontier, and to make provision for the adjustment
and settlement of such questions as may arise relative to the boundary
waters. Moving beyond these broad purposes to specifics, Article III of
the Treaty, after grandfathering all dams and obstructions in place at the
time of ratification, then provides that no further "uses or obstructions or
diversions, whether temporary or permanent, of boundary waters on
either side of the line shall be made except by the authority of the United
States or the Dominion of Canada within their respective jurisdictions