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Show understanding of both parties is that the arrange- ment contemplated by this treaty extends only to the portion of the Rio Grande which forms the inter- national boundary, from the head of the Mexican Canal down to Fort Quitman, Texas, and in no other case." 39 Stat. 2953; Treaty Series No. 1+55, Malloy Treaties, I, 1202. 8. Milk and St. Mary Rivers - United States and Great Britain - January 11, 1909 The comprehensive waterways convention between the United States and Canada of 1909 provided that each country had oomplete control of all water arising on and flowing from its territory into the other or into boundary waters. But uses of such waters already existing were recognized and ratified (Art. II). With respeot to the Milk and St. Mary, two successive rivers, the con- vention provides that they are to be treated as one stream for the purposes of irrigation and power, and that the waters thereof shall be apportioned equally between the two countries (Art. VI)« The effect of this division was to ade- quately protect all uses existing at the time the convention was signed. Canada furnishes about one fifth of the water of these two rivers, both of which originate within United States territory, but the equal division of the waters was probably a quid pro quo for the concession made to the United States of the right to carry water, diverted from the St. Mary into the Milk, along the 130 miles the Milk River travels within Canadian territory before recrossing the boundary back into the United States. In a general provision with regard to boundary waters (Art. VIII), as op- posed to waters of successive streams, it was agreed that each country had equal right in the use of such waters. There was set up an order of precedence with regard to new uses, which might be developed under agreement of the two countries, as follows: (1) domestic and sanitary purposes; (2) uses for navi- gation, including the service of canals for the purposes of navigation; (3) uses for power and for irrigation purposes. But the foregoing provisions were not to apply to or disturb any existing uses of boundary waters on either side of the boundary* Articles II, VI, and VIII of this Treaty read as follows: "ARTICLE II "Each of the High Contracting Parties reserves to itself or to the several State Governments on the one side and the Dominion or Provincial Govern- ments on the other as the case may be, subject to -21- |
