OCR Text |
Show -71- that followed, the creation of ran International Joint Commission with general supervisory powers over all these waters, subject to the local laws of the two countries consistent with the treaty- was an achievement of statesmanship second only to the adjustment and disposal of nearly every cause for contro- versy which could arise over the use and conbrol of all these great waterways lying between the lands of the two countries the whole breadth of the continent. After careful delimitation of the waters subject to the treaty, the pro- vision for freedom of navigation therein on equal terms by both nations, the use and. diversion generally of water on each side of the boundary is left to the exclusive jurisdiction of the country holding the underlying soil-but with such country and its inhabitants nevertheless subject to identical legal duties toward, and restraints in favor oft the inhabitants and riparian owners of both countries. Without yielding any territorial sovereignty whatever, each country is thus pledged to give the inhabitants of the other country the same consider- ation which it provides for its own people in respect to the use and diversion of the waters common to both nations. No more likely way of removing sources of controversy and still retaining unimpaired territorial sovereignty has ever been devised. In effect, each nation extends the favor without the burden of its laws into tho territory of the other in respect to the waters common to both. Moreover, following the same line of thought, the treaty then provides that as to new and future uses, diversions and obstructions of these boundary waters, other than local works entirely within one of the countries for im- provement of navigation, the approval of the International Joint Commission must be had; excepting "the ordinary use of such waters for domestic arid sanitary purposes«w It is also stipulated that none of the waters covered "by the treaty shall be t:polluted on either side to the injury of health or proper- ty on tho other*" After placing limitations upon diversion from the Niagara River, it is again carefully provided that such prohibitions "shall not apply to the di- version of water for sanitary' or domestic purposes,* . *tr Article YI of this treaty is as follows* "The High Contracting Parties agree that the St. Mary and Milk Rivers and their tributaries (in the State of Montana and the Pro- vinces of Alberta and Saskatchewan) are to be treated as one stream for the purposes of irrigation and-power, and the waters thereof shall be apportioned equally between the two countries, but in making such equal apportionment more than half may be taken from one river stood, however, that neither of the High Contracting Parties intends by th© foregoing provision to surrender any right, which it may have, to object to any interference with or diversions of water on the other side of the boundary the effect of which would be productive of material injury to the navigation interests on its own side of the boundary." (italics added*) |