OCR Text |
Show used at the convenience of the United States for the conveyance, while passing through Canadian territory, of waters,, diverted from the St. Mary River. The Provisions of Article II of this treaty shall apply to any injury resulting to property in Canada from the conveyance of such waters through the Milk River. "The measurement and apportionment of the water to be used by each country shall from time to time be made jointly by the properly constituted reclama- tion officers of the United States and the properly constituted irrigation officers of His Majesty under the direction of the International Joint Commission. ARTICLE VIII "This International Joint Commission shall have jurisdiction over and shall pass upon all cases in- volving the use or obstruction or diversion of the waters with respect to which under Articles III and IV of this treaty the approval of this Commission is required, and in passing upon such cases the Com- mission shall be governed by the following rules or principles which are adopted by the High Contracting Parties for this purpose: "The High Contracting Parties shall have, each on its own side of the boundary, equal and similar rights in the use of the waters hereinbefore defined as boundary waters. "The following order of precedence shall be observed among the various uses enumerated here- inafter for these waters, and no use shall be per- mitted which tends materially to conflict with or restrain any other use which is given preference over it in this order of precedence} (1) Uses for domestic and sanitary purposes; (2) Uses for navigation, including the service of canals for the purposes of navigation; (5) Uses for power and for irrigation purposed. ' "The foregoing provisions shall not apply to or disturb any existing uses of boundary waters on either side of the boundary. "The requirement for an equal division may in the discretion of the Commission be suspended in cases of temporary diversions along boundary waters at points where such equal division cannot be made advantageously on account of local conditions, and where such diver- sion does not diminish elsewhere the amount available -23- |