Convention between the Cantons of Bern and Neuchâtel regarding the Rectification of Cantonal Borders along the Upper Thielle, October 18, 1895

It has been stated and agreed as follows

Following the correction of the upper Thielle, which is part of the Jura water correction, a certain amount of land belonging to the canton of Bern has been separated from its territory by the new Thielle canal and is, in reality, incorporated into the canton of Neuchâtel, and vice versa.

These facts compel the cantons of Bern and Neuchâtel to choose a new delimitation between the two territories, which is achieved through the following convention

1. In the future, the axis of the new Thielle canal shall form the border between the cantons of Bern and Neuchâtel. The canton of Bern cedes to the canton of Neuchâtel all its portions of territory located on the left bank of this canal, consisting of a large section at a place called "Grissachmoos" and two smaller sections above the Thielle bridge, and the canton of Neuchâtel cedes to the canton of Bern its portions of territory located on the right bank of the Thielle, which include: the properties of the Thielle castle, the former Neuchâtel toll house, and the Maison Rouge.

2. The two dikes in Lake Neuchâtel remain the property of the canton of Neuchâtel, and the border in Lake Neuchâtel between the two cantons is formed by a straight line from the marker at the foot of the dike on the right side, near the Maison Rouge, to the marker at the foot of the dike on the right side at the mouth of the Broye into Lake Neuchâtel. Similarly, the canton of Bern will own the two dikes in Lake Biel. The border between the two cantons, in Lake Biel, is formed by a straight line from the marker at the foot of the dike on the left bank to the mouth of the Vaux brook, at a point accepted on the axis of this brook and indicated by a marker placed on the left bank 104 meters from the upstream vineyard walls.

The new borders have otherwise been recognized and marked by the delegates of the two contracting cantons on June 25, 1894, as evidenced by a report and a topographical map dated and initialed by the said delegates and annexed to the present convention.

3. Relative to the maintenance of the Thielle canal and the dikes on both sides, it is established as follows

a) The maintenance of the two dikes in Lake Neuchâtel is the responsibility of the canton of Neuchâtel;

b) The canton of Bern is in charge of providing maintenance for the two dikes in Lake Biel;

c) Each canton is responsible for the maintenance of the bank of the canal which is on its territory;

d) In view of executing all necessary dredging, the Thielle canal is divided into two parts. The canton of Neuchâtel is responsible for dredging in the western part, that is, on the side of Lake Neuchâtel, and dredging in the eastern part, that is, on the side of Lake Biel, is the responsibility of the canton of Bern. The demarcation line crosses the Thielle canal at the point marked 435 on the topographical map (Siegfried atlas), where the old bed diverges from the new canal and at the marked location as indicated in the aforementioned report.

4. The two cantons are jointly and equally responsible for the maintenance of the two existing bridges over the Thielle, namely: the new iron bridge near Thielle and the wooden bridge near Saint-Jean. Similarly, all other new bridges to be constructed over the Thielle canal will always be maintained jointly. The obligation to maintain the old stone bridge near Thielle passes to the canton of Bern; however, the canton of Neuchâtel commits from now to pay for a correction to be made near the old Thielle bridge a sum of five thousand francs (Fr. 5,000.–) to be paid as soon as the necessary work is executed according to the project accepted by the parties concerned.

5. Fishing rights belong to each canton in the waters of the Thielle attributed to them by the present convention. A special regulation between the governments will determine the form in which this right may be exercised by each of them. However, net fishing, trap fishing, and any kind of similar gear is formally prohibited throughout the Thielle.

6. Fishing rights in Lake Biel and the jurisdiction deriving from it will belong to the canton of Bern as before. No change is made in fishing rights in Lake Neuchâtel, nor in the jurisdiction that stems from it. However, civil and criminal jurisdiction, aside from that concerning fishing rights in the lakes, will be exercised by each canton in the waters of its territory, based on the limits set above. Hand-held line fishing with one or several naturally or artificially baited hooks, in Lake Biel from the Neuchâtel shore, and in Lake Neuchâtel from the Bernese shore, is allowed at all times and seasons, free of charge and without permit.

7. The land reciprocally ceded must pay, after as before, the increased value imposed to cover the costs of the Jura waters correction, in the canton to which they belonged until now. The owners of said lands remain, therefore, until full payment of this increased value, under the jurisdiction of this canton, and the other canton undertakes to enforce judgments of the competent authority relating to this obligation. The decrees of the mentioned Grand Councils have been produced and will remain annexed to the present convention.

Done and signed in duplicate original, in Bern, on October 18, 1895.

In the matter of proceeding to the signing of the definitive convention concerning the rectification of cantonal borders along the upper Thielle, the representatives of the concerned States have gathered today in the Executive Council chamber, at the Town Hall, in Bern.

It is at first ascertained that the aforementioned convention was ratified by the Grand Council of the canton of Neuchâtel in its session of October 25, 1894, following a decree subject to referendum deadlines, without leading to any opposition, and by the Grand Council of the canton of Bern, in its session of February 26, 1895.

The representatives of the cantons of Bern and Neuchâtel then declare that the convention contains no stipulation concerning hunting rights on Lakes Biel and Neuchâtel.

It is formally understood between the contracting parties that this right is regulated in the same manner as fishing rights.

Consequently, hunting rights on Lake Biel and the related police jurisdiction belong to the canton of Bern. Conversely, hunting rights and police on the part of Lake Neuchâtel assigned to the canton of Bern are the property of the canton of Neuchâtel. The two cantons will have no claims concerning the exercise of hunting rights as just determined.

The convention shall come into effect on January 1, 1896, and will fully apply its provisions from this date.

The present minutes will form part of the convention and its annexes, as just signed by the representatives of the cantons.

Thus done and signed in Bern, on October 18, 1895.