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Show The later treaties contained slight modifications of the provisions of the treaty of 1752 as to diversion structures, provisions for their regular in- spection, and regulations for the improvement and maintenance of the channel of the Tartaro and its tributaries. The seven treaties on the Tartaro are quite voluminous and make up a large file, but the very local nature of their provisions together with the lack of information with regard to their political background, renders the deduction of general principles from their provisions both difficult and questionable, other than that "the international settlement of the division of these waters was ap- parently based primarily on consideration of private title. 10« Boundary Streams - France and Spain May 26, 1866 and July 11, 1868 There are a number of irrigated areas in the Pyrenees in both France and Spain. The boundary treaty of 1866 between these two countries sought" to set up a regime for the enjoyment of such boundary waters as were used by citizens of both countries* On both successive and contiguous streams each government recognized,, sub- ject to a joint verification, the legality of irrigations, factories and us- ufructs for domestic uses then existing in the other State, by virtue of con- cession, title or prescription, with the reservation that only the water neces- sary to satisfy real needs should be used, that abuses were to be suppressed, and that such recognition should not affect the respective rights of the govern- ments to authorize works of public utility on condition of legitimate indemnities (Art. IX)? If having satisfied the real needs of the uses respectively recog- nized by bo-th parties as regular, some water remained available at low water crossing the frontier, it was to be divided in advance between the two countries in proportion to the extent of irrigable land belonging to the respective im- mediate riparian owners, deducting the lands already irrigated (Art* X)e Articles IX and X read as follows: "ARTICLE IX "For streams which pass from one country to the other or which serve as frontier, each Government recognizes, subject to making a joint verification, when it shall be useful, the legality of irrigations, factories and usufructs for domestic uses now existing in the other State, by virtue of concession, title or - by prescription, with the reservation that only the. water necessary to satisfy real needs shall be used, that abuses must be. suppressed, and that such recog- nition shall not affect the respective rights of the Governments to authorize works of public utility on condition of legitimate indemnities. -26- |