OCR Text |
Show This original division of the waters of a boundary stream for power pur- poses was apparently based on no other consideration than that of the extent of the diversions that had been licensed and undertaken in each State at the time of the signing of the treaty. 36 Stat, 2141+85 Treaty Series No. 5J48 9. The Tartar0 River ¦^6 have a record of the distribution of the waters of this river extending over a period of 221+ years. Today the Tartaro is entirely within the juris* diction of Italy, but before the unification of that country, it was partially in Venice and partially in Mantua. It is difficult to ascertain to what extent the Tartaro was a boundary stream and to what extent it was of a successive nature, but that its v/aters were used for the cultivation of rice in both states is a well established fact*. The seven treaties covering the use of the waters of the Tartaro during these years are of the following dates: March 15, I5h9i November 16, 1599s April 20, 1752; June 9, 1753; June 25, 1765? November 1, 1761+; and June 19, 1765* The treaty of 15^+9 appears to have been an international substantiation of the titles to water previously granted to their subjects by the two states con- cerned and contains provisions regulating the nature and operation of the various private diversion structures along the river, all for the avowed pur- pose of removing disputes. The treaty of 1599 sought to secure the actual ex- ecution of capitulations concluded in I5U8 &s well as the removal of "such in- novations as may have been made since the said capitulations to the detriment and injury of the common subjects," by the appointment of commissioners. In the middle of the eighteenth century, controversies among the water users along the Tartaro became again acute and a new treaty was undertaken (April 20, 1752)« It was found that the condition of things had changed and that "the quantity of the aforesaid waters was considerably less than that granted at various times to the respective subjects and substantiated in their titles." A committee of experts under orders of the Commission prepared a report on the practicable means of increasing the waters of the Tartaro and pre- venting accidental or arbitrary diversions, so.as to obtain a large volume for equitable assignments to the use of each party. The number of rice fields tliat were to be irrigated with the waters of the Tartaro was set by the experts a"t 6OI4O and a proportional distribution was made to the various riparian owners (Art. I), based apparently on their historic titles as recorded in the earlier treaties. It was then provided that the titles belonging to both the Veronese and Mantuans should be understood as permanent and invariably reduced by law and general rule to the respective total of uses as set forth in the distribution (Art. II). No further concessions were to be made of the waters of the Tartaro and its affluents (Art. Ill), further provisions dealt with the construction, of works, rectification of portions of the stream and regulation of the use of the water. -25- |