Page:United States Statutes at Large Volume 36 Part 2.djvu/1000

 TREATY—-GREAT BRITAIN. JANUARY 11, 1909. 2449 including tributary waters which in their natural channels would {low into such lakes, rivers, and waterways, or waters flowin from such lakes, rivers, and waterways, or the waters of rivers gowing across the boundary. ` Aarrcnm I. The Hig; Contracting Parties agree that the navigation of all b0lf,§f,‘g\},§}Q{‘esf'°" *° navigable undary waters shall forever continue free and open for the purposes of commerce to the inhabitants and to the ships, vessels, and boats of both countries equally, subject, however, to any laws and regulations of either countz, within its own territory, not incon- · sistent with such privilege of ee navigation and applying equally and without discrimination to the inhabitants, ships, vessels, and boats of both countries. It is further agreed that so long as this treaty shall remain in _,,{*§§§n*;’§{§’§,§1,'gQ§§, force, this same right of navigation shall extend to the waters of i¤<>1¤<1<¤<i· Lake Michigan and to all canals connecting boundary waters, and now existing or which ma hereafter be constructed on either side of the line. Either of the lljligh Contracting Parties may adopt rules and regulations governirlag the use of such canals within 1ts own territory and may charge to s for the use thereof, but all such rules and regulations and all tolls charged shall apply alike to the subjects ·or citizens of the High Contracting Parties and the shi s, vessels, and boats of both of the High Contracting Parties, and) they shall be placed on terms of equality in the use thereof. 4 Airrrcnn II. ‘ . Each of the Hi h Contractin Parties reserves to itself or to the °°°"°l °'°" "“°¤ several State Gogzrnments on Ihe one side and the Dominion or gic°$iiiivl¤i°xiie`·ii1d°ry' Provincial Governments on the other as the case may be, subject to any treaty provisions now existing with respect thereto, the exclusive jurisdiction and control over the use and iversion, whether temporary or permanent, of all waters on its own side of the line which in their natural channels would flow across the boundary or into boundary waters; but it is agreed that any interference with or diversion from their natural channel of suc waters on either side of the boundary, resulting in any injury on the other side of the boundary, shall ive rise to the same rights and entitle the injured parties to the same legal remedies as if sui injury took place in the country where such diversion or interference occurs; but this provision shall not apply to cases already existing or to cases expressly covered by special agreement between the parties hereto. It is understood, however, that neither of the High Contracting ,¤f;§_f,§’°°*°¤¤°*°°'°° Parties intends by the foregoing proyision to surrender-any right, ` which it may have, to object to any interference with or diversions of waters on the other side of the boundary the effect of which would be productive of material injury to the navigation interests on its own side of the boundary. Airrrcma III. It is agreed that, in addition to the uses, obstructions, and diver- e,§`“;{}{g;c*€l§_°_',§‘j°;“,:·, sions heretofore permitted or hereafter provided for by special agree- •z?•¥¤mer¤¢· ` ment 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 How 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, as hereinafter 88741°—von 36, rr 2—·11;64