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Show any treaty provisions now existing with respect thereto, the exclusive jurisdiction and control over the use and diversion, whether temporary or permanent, of all waters on its own side of the line which in their natural channels would flow across the boundary or into boundary waters; but It is agreed that any interference with or diversion from their natural channel of such waters on either side of the boundary, resulting in any injury on the other side of the boundary, shall give rise to the same rights and entitle the injured parties to the same legal remedies as if such injury took place in the country where such diversion or interference occurs; but this provision shall not apply to cases already existing or to cases expressly covered by special agreement between the parties hereto. "It is understoods however, that neither of the High Contracting Parties intends by the fore- going provision to surrender any right, which it may have, to object to any interference with or diver- sions of waters on the other side of the boundary the effect of which would be productive of material injury to the navigation interests on its own side of the boundary. ARTICLE VI "The High Contracting Parties agree that the St, Mary and Milk Rivers and their tributaries (in the State of Montana and the Provinces of Alberta and Sasketchewan) are to be treated as one stream for the purposes of irrigation and power, and the waters thereof shall be apportioned equally between the two countries, but in making such equal apportion- ment more than half may be taken from one river and less than half from the other by either country so as to afford a more beneficial use to each. It is further agreed that in the division of .such wa- ters during the irrigation season, between the 1st of April and 31^ of October, inclusive, annually, the United States is entitled to a prior appropria- tion of 500 cubic feet per second of the waters of the Milk River, or so much of such amount as con- stitutes three fourths of its natural flow, and that Canada is entitled to a prior appropriation of 500 cubic feet per second of the flow of St. Mary River, or so much of such amount as constitutes three fourths of its natural flow. "The channel of the Milk River in Canada may be -22- |
