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Show -20- ary shall be free and common to the vessels and citizens of both countries; and neither shall without the consent of the other, construct any work that may impede or interrupt, in whole or in part, the exercise of this right; not even for the purpose of favoring new methods of navigation, x x x The stipulations contained in the present Article shall not impair the territorial rights of either Republic, within its established limits." Under the terms of the Boundary Treaty concluded between the United States and Mexico in 1855, the Colorado River became the Boundary between the two Republics for a distance of about twenty miles, and by Article 4 of said Treaty, the provisions of Article 7 of the Treaty of Guadalupe Hidalgo, with reference to the Gila and the Bravo are made binding on the two contracting Governments as to the Colorado, "so far, and for such distance, as the middle of that River is made their common Boundary Line by the 1st Article of this Treaty." That is to say, the Colorado River being, for a portion of its course, divided in the middle between the two Republics, the navigation of such portions of the Colorado shall be free and common to the vessels and citizens of both counties; and neither shall, without the consent of the other, construct any work that may impede or interrupt, in whole or in part, the exercise of this right: not even for the purpose of favoring new methods of navigation. If these restrictions apply only to that portion of the Colorado that forms the Boundary Line between the United States and Mexico (and following the reasoning in the opinion of Attorney General Harmon, 21 Opinions, 274, 277, as to the same restrictions as applied to the Bravo, this can be their only application), the Mexican |
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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] : California exhibits. |