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Show 548 Indian reservations from territorial lands, the Supreme Court has held that rights to use of water for the irrigation of reserva- tion lands have been impliedly reserved.286 Moreover, provi- sions of treaties with respect to boundary waters have estab- lished fixed standards for the operation of projects constructed or regulated by international bodies established pursuant to treaty. With respect to boundary waters between the United Sta'tes and Canada, the International Joint Commission has authority to approve the use, obstruction, or diversion of boundary waters.287 By treaty, it is required to observe the following order of precedence in the exercise of its authority:288 (1) Uses for domestic and sanitary purposes; (2) Uses for navigation, including the service of canals for the purposes of navigation; (3) Uses for power and for irrigation purposes. In the case of the boundary portions of the Rio Grande and Colorado River, the International Boundary and Water Com- mission, United States and Mexico, is required by treaty to be guided by the following order of precedence in making pro- vision for joint use of international waters, subject to any sani- tary works or measures agreed upon by the two Govern- ments: *** 1. Domestic and municipal uses. 2. Agriculture and stock raising. 3. Electric power. 4. Other industrial uses. 5. Navigation. 6. Fishing and hunting. 280 Winters v. United States, 207 U. S. 564, 576-577 (1908). See also supra, pp. 57, 249. 287 Treaty of January 11,1909, Art. Ill, 36 Stat. 2448, 2449. 288 Art. VIII, 36 Stat. 2451. 289 Treaty of February 3,1944, Art. 3, 59 Stat. 1219,1225. In this connection, it should be noted that in advising and consenting to ratification of the treaty, the Senate stipulated that "nothing contained in the treaty or protocol shall be construed as authorizing the Secretary of State of the United States, the Commissioner of the United States Section of the International Boundary and Water Commission, or the United States Section of said Commission, directly or indirectly to alter, or control the distribution of water to users within the territorial limits of any of the individual States." Sen. Res. of April 18, 1945, 59 Stat. 1263, 1265. |