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Show -1U- XV A state is responsible, under international law, for public or private acts producing change in the existing regime of a river to the injury of another state, which it could have prevented by reasonable diligence. V In accordance with the general principle stated in No. Ill above, the states upon an international river should in reaching agreements, and states or tribunals in settling disputes, weigh the benefit to one state against the injury done to another through a particular use of the water. For this purpose, the following factors, among others, should be taken into consideration: (a) The right of each to a reasonable use of the water. (b) The extent of the dependence of each state upon the waters of that river. (c) The comparative social and economic gains accruing to each and to the entire river community. (d) Pre-existent agreements among the states concerned. (e) Pre-existent appropriation of water1by one state, VI A state which proposes new works (construction, diversion etc.) or change of previously existing use of water which might affect utilization of the water by another state must first consult with the other state. In case agreement is not reached through such consultation, the states concerned should seek the advice of a technical commission; and if this does not lead to agreement, resort should be had to arbitration. VII Preventable pollution of water in one state which does substantial injury to another state renders the former state responsible for the damage done. VIII So far as possible, riparian states should join with each other to make full utilization of the waters of a river, both from the viewpoint of the river basin as an integrated whole, and from the viewpoint of the widest variety of uses of the water, so as to assure the greatest benefit to all. (3) The Inter-American Bar Association This Association at 5ts Conference in November, 1957, gave consideration to principles of law governing systems of international waters and adopted a resolution calling for the establishment of a committee to examine the subject further and prepare a report for its next |
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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] : |