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Show These post-war settlements by European nations of their several rights and interests in the use of international waters bear a marked analogy to the Root-Bryce treaty governing the control and use of the Great* Lakes-Sto Lawrence waterway and the other boundary waters lying between the United States and Canada; also, a clear likeness in principle to the factual accomplishments of the treaty between the United States and Mexico for the equitable division object of comparatively few treaties: a. One of the earliest, the treaty of Maastricht between Belgium and Luxembourg of Aug. 7j 18J+3 (Belgium, Treaties, Vol« I, p0 339) while recognizing and maintaining the diversion of water from frontier streams existing at the time, provided that no new diversion should be made -without the consent of both governments. Its article $0 is as follows} ''The diversion which exists at this moment from the streams or from the other watercourses serving as' frontier, will be preserved in its actual state. Wo new diversion, no concessions or innovation whatsoever, causing any modifica- tion to the streams and other watercourses forming the boundary or to the actual state of the banks can be accorded without the consent of the two governmentscT • • • d*.. Treaty between France and Switzerland, Oct. ]+, 1913 (De Martens-Triepel, . N.R.G* 3me Serie, Vol. X, p« ?90). Art. lj ?The Govern- ment of-the Swiss Confederation and the Government of the French Republic being seized simultaneously by the City of Geneva in Switzerland and by Messrs» Janin and Emile Crepe 1 in France,, of a request for a concession of the disposable hydraulic force of the Rhone in the part where the river forms the frontier between the two countries as well as in the part above, recognize that the Canton of Geneva as well as the French State have equal rights over the waters and the incline of the river in the first section and that the Canton o£ Geneva has exclusive rights in the second section, but that the de~ velopmen-t of this hydraulic force and its utilization in a single plant should be the object of an international convention taking into account the differ- ences in legislation in the two States. They have consequently agreed that it ..is fitting for the two governments ... to proceed to a division between them of the disposable hydraulic power, leaving each free thereafter to use at will and according to the principles of its own legislation, the power which thus falls to it.' ' ' "Art. 5j fEach of the two riparian States shall be entitled to a part of the motive force thus created proportionate to its right in the banks be- longing to it, that is, the Canton of Geneva shall be entitled to all the force ... in the region where it possesses both banks and each of the two Statos shall be entitled to half the force . . • in the region where the left bank is Swiss and the right bank French»f ne» By a treaty of Dec. '17, 191^4- between France arid Italy (Basdevant, 'Traites et Conventions en Viguer entre la France et les Puissances Etrangeres* Tome II, p. 810) in regard to the hydraulic exploitation of the river La Roya, each State agreed not to use or permit to be used, the waters of the river in any manner which would violate the equal right of user of the other without the latter's consent e t}Arfc. 1: 'The High Contracting Parties agree not to exploit, or permit to be exploited, the hydraulic force of La Roya or of its tributaries, in the parts exclusively subject to their sovereignty in any such manner as to modify markedly the natural flow of the -water to the lower riparian Stateo* |