OCR Text |
Show -72- 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 waters during the irrigation season, between the 1st of April and 31S^ of October, inclusive, annually, the United States is entitled to a prior appropriation of 500 cubic feet per second of the waters of the Milk River, or so much.of such amount as constitutes 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 s\xoh amount as constitutes three-fourths of its natural flow. "The channel of the Milk River in Canada may be 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 reclamation officers of the United States and the properly constituted irrigation officers of His Majesty under the direction of the International Joint Commission." Parts' of Article Till are no less pertinent here: "This International Joint Commission shall have jurisdiction over and shall pass upon, all oases involving the use or ob- struction or diversion of the waters with respect to which under Article 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, eaoh on its own side of the boundary, enual and similar rights in the use of th.e waters hereinbefore defined as boundary waters. "The following order of precedence shall be observed among th.e various uses enumerated hereinafter for these waters, and no use shall be permitted which tends materially to conflict wi"bh or restrain any other use which is p;iven preference over it in this order of preference: "(1) Uses for domestic and sanitary purposes; "(2) Uses for navigation, including the service of canals for purpose of navigation; "(5) Uses for power and for irrigation purposes. "The foregoing provisions shall not apply to or disturb any existing uses of boundary waters on either |