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Show -123- international duty, derived from that principle, not to impede or to destroy, as a result of this regime, the opportunity of the other States to avail themselves of the flow of water for their own national needs. The court went on to show that the conflict between the rights of sovereignty and the duty of respecting the rights of other riparian states was generally settled by means of treaties - as evidenced by such navigation treaties as those affecting the Rhine, the Scheldt, the Elbe, and the Danube. These, the court said, illustrate the principle of solidarity among States in the enjoyment of the important common sources of wealth. (3) Germany Between one pint in Baden and another point in Wuerttemberg the Danube dries up during certain periods of the year. The reason for this is that the geological composition of the river bed is chalky and as a result large quantities of water sink through crevices and after passing through underground passages which run in a southerly direction, these same waters emerge as the head waters of the river Aach in Baden and pass along its short channel to Lake Constance. This natural phenomenon gave rise to a legal controversy between Baden and Wuerttemberg. Wuerttemberg sought an injunction restraining Baden from constructing and maintaining dams and a water-power plant near Immendingen which intensified the sinking of the Danube by forcing the stream of water in the direction of the Aach. In addition, Wuerttemberg asked that Baden remove natural obstacles in the stream near Koehringen which impede the flow of water. Baden,on the other hand, asked that Wuerttemberg be enjoined from constructing certain works near Fridingen which were calculated to prevent the natural flow of water to the Aach. The court declared that it was bound to apply international law as between members of the German Federation in matters such as this where they acted as independent communities. The court said that international law restricts the territorial sovereignty of states, and considered that this fact gave rise to a duty not to injure one another. The court then added. \. Wuerttemberg and Prussia v. Baden (The Donauversinkung Case, German Staatsgerichtshof, June lg, 1927), Annual Digest of Public International Law Cases (Lauterpacht), 1927-26, p. 128. |
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Original book: [State of Arizona, complainant v. State of California, Palo Verde Irrigation District, Coachella Valley County Water District, Metropolitan Water District of Southern California, City of Los Angeles, California, City of San Diego, California, and County of San Diego, California, defendants, United States of America, State of Nevada, State of New Mexico, State of Utah, interveners] : |