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Show Article llj. provided: "Existing or proposed installations for the normal utilization of non-navigable watercourses and offlet canals forming the frontier must not obstruct the flow of water or diminish its- volume to such an extent as to cause serious detriment to the inhabitants on the lower reaches." 75 League of Nations, Treaty Series, pp. 261+, 268. The Preamble to the agreement between the Union of South Africa and Portugal, regulating the use of the waters of the Kunene River for the purposes of generating hydraulic power and of inundation and irrigation in the mandated territory of South West Africa, signed on July 1, 1926, recites that - "... the Government of the Republic of Portugal is mindful of the fact that from time immemorial portions of the Ovamboland now forming part of the Mandated Territory of South West Africa have periodically been inundated by the flood waters of the Kunene River overflowing its banks at various points in Portuguese Territory; ". . . the Government of the Republic of Portugal is further mindful of the fact that by the silting up of the inlets of some of the natural channels of these waters into Ovamboland the volume of such overflow has greatly decreased; lf. .T. it is vital to the health and comfort if not to the very existence of the native tribes of Ovamboland to ensure that these natural channels shall be and remain open: ". . .the Government of the Union of South Africa has asked the Government of the Republic of Portugal for leave to undertake works for the pur- pose of restoririg to the Mandated Territory the benefits of inundation it previously enjoyed; "... the Government of the Republic of Portugal for reasons of humanity agree, under cer- tain-conditions, to allow the diversion, of the waters of the River Kunene for the benefit of I he Mandated Territory; ..." Article 7 of the agreement providesj !tNo diversion of water shall be made by either Government between the Kazambue Rapids and NauXila unless a quantity sufficient for any power works con- structed at any point below the Rapids is allowed to pass down." 70 League of Nations, Treaty Series, pp. 316, 317, 320. -35- |
