AZ vs. CA:22 California Exhibits, Vol. XXII; Nos. 5001-5002; 5101-5123; 5200A-5205A; 5521-5588A; 5601-56215521-5588A; 5601-5621

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-116- 4. The same principles shall be applied to successive rivers as those established in Articles 2 and 3> with regard to contiguous rivers. 5. In no case either where successive or where contiguous rivers are concerned, shall the works of industrial or agricultural exploitation performed cause injury to the free navigation thereof. 6. In international rivers having a successive course the works of industrial or agricultural exploitation performed shall not injure free navigation on them but, on the contrary, try to improve it in so far as possible. In this case, the State or States planning the construction of the works shall communicate to the others the result of the studies made with regard to navigation, to the sole end that they may take cognizance thereof. 7. The works which a State plans to perform in international waters shall be previously announced to-the other riparian or co- jurisdic tional States. The announcement shall be accompanied by the necessary technical documentation in order that the other interested States may judge the scope of s such works, and by the name of the technical expert or experts who are to deal, if necessary, with the international side of the matter. 8. The announcement shall be answered within a period of three months, with or without observations. In the former case, the answer shall indicate the name of the technical expert or experts to be charged by the respondent with dealing with the technical experts of the applicant, and shall propose the date and place for constituting the MIXED TECHNICAL COMMISSION of technical experts from both sides to pass judgment on the case. The Commission shall act within a period of six months, and if within this period no agreement has been reached, the member shall act within a period of six months, and if within this period no agreement has been reached, the member shall set forth their respective opinions, informing the governments ¦thereof. 9. In such cases, and if it is not possible to reach an agreement through diplomatic channels, recourse shall be had to such procedure of conciliation as may have been adopted by the parties beforehand or, in the absence thereof, to the procedure of any of the multilateral treaties or conventions in effect in America. The tribunal shall act within a period of three months, which may be extended, and shall take into account, in the award, the proceedings of the Mixed Technical Commission. 10. The