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Show River, which would diminish the volume of water entering Lake Albert (one of the sources of the Nile), except in agreement with the Soudanese Government". 99Br. and For, St. Paps. 173, 17i+» The convention concerning the boundary waters between the United States and Canada, signed January 11, 1909* by the United States and Great Britain, stipulates in article II that "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 di- version or interference occurs". 3 Treaties, etc. (Redmond, 19^3) 2607, 2608. . ' . This means simply that a Canadian national who suffers injury by reason of a diversion of waters in the United States shall have the same remedy in our courts as would be available to an American citizen, and vice versa. This was made possible by reason of the similarity of the jurisprudence of the two countries, both of which stem from the common law system* Article III of the same convention stipulates .that - n. . .in addition to the uses, obstructions, , and diversions heretofore permitted or hereafter provided for by special agreement between the Parties hereto, no further or other uses or obstructions or diversions, whether temporary or permanent, of boundary waters on either side of the line, affecting the natural level or flow of boundary waters on the other side of the line, shall be made except by authority of the United States or the Dominion of Canada within their respective jurisdictions and with the approval ... of a joint commission, to be known as the Inter- national Joint Commission." Ibid 2609« Article IV provides that except in cases of special agreement, the two Governments "will not permit the construction or maintenance on their re- spective sides of the boundary of any remedial or protective works or any dams or other obstructions in waters flowing from boundary v/aters or in ; waters at a lower level than the boundary in rivers flowing across the boundary, the effect of which is to raise the natural level of waters on the other side of the boundary unless the construction or maintenance thereof is approved by the aforesaid International Joint Commission". Ibid. The principle of eoual distribution and beneficial use is particularly exemplified in article VI, relating to the St. Mary and Milk Rivers. It states: "... the St. Mary and Miljc Rivers and their > tributaries (in the State of Montana and the Prov- inces of Alberta and Saskatshewan) are to be treated as one stream for the purposes of irrigation and power, and the waters thereof shall be apportioned -31- |