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Does the Boundary Waters Treaty require the IJC to require financial compensation when property has been damaged as a result of regulation?

April 26, 2017Boundary compensation damaged financial ijc Property require Treaty waters

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Does the Boundary Waters Treaty require the IJC to require financial compensation when property has been damaged as a result of regulation?

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• No. When a project raises the elevation of the natural level of waters on one side of the boundary, the Boundary Waters Treaty requires the IJC to make suitable and adequate provision for the protection and indemnity of all interests on the other side of the boundary that may be injured. The IJC found that suitable and adequate provision is made by the laws in Canada and by the Constitution and laws of the United States for such protection and indemnity for the construction, maintenance and operation of the project in the St. Lawrence River.