Page:United States Statutes at Large Volume 36 Part 2.djvu/1001

 2450 TREATY—GREAT BRITAIN. JANUARY 11, 1909. "°"·P·“¤· provided, of a joint commixion, to be known as the International Joint Commission. , _ _ _ _ wGg:$?)¤¤¢¤& W¤¤¤¤· The foregoing provisions are not intended to limit or interfere with °°’° the existing rights of the Government of the United States on the one side and éne Government of the Dominion of Canada on the other, to undertake and carry on governmental works in boundary waters for the deepening of channels, the construction of breakwaters, the improvement of harbors, and other governmental works for the benefit of commerce and navigation, provided that such works are wholly on its own side of the line and do not materially affect the level or flow of the boundary waters on the other, nor are such provisions intended to interfere with the ordinary use of such waters for domestic and sanitary purposes. Airrrcmz: IV. ¤¤¤¤¤¤¢ M ¤¤¤·» The Hi h Contractin Parties a that except in cases rovided
 * °v3u°Mm°‘ nm for by speiial agreemeng between tgleerri, they willpnot rmitlihe construction or maintenance on their respective sides of tii: boundary of

any remedial or grotective works or any dams or other obstructions in waters flowing om boundary waters or in waters at a lower level than the boundary in rivers iiowing 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 am bylthe agloielsaid Internagionagh Joint Conilmissioié; 6 d be d ml b°¤¤ t is rt er agreed t at e waters erein e ne as un a ”i°”¤g.igm°n' waters and waters Howing across the boundary shall not be pollutieid on either side to the injury of health or property on the other. Airricnn V. Niaannkivcr. The High Contracting Parties Iafree that it is ex edient to limit n£{§{f°°" °' "°°” the diversion of waters rom the iagara River so that the level of Lake Erie and the flow of the stream s all not be appreciably afected. It is the desire of both Parties to accom lish this ob`ect with the least possible injury to investments which liiave already been made in the construction o power plants on the United States side of the river under grants o authority from the State of New York, and on the Canadian side of the river under licenses authorized by the Dominion of Canada and the Province of Ontario. Uwabcverhshlls So long as this treaty shall remain in force, no diversion of the waters o the Niagara River above the Falls from the natural course and stream thereof shall be ermitted except for the purposes and to the extent hereinafter provided. Byvniwi ¤¢•¢¤¤» The United States may authorize and permit the diversion within the State of New York of the waters of said river above the Falls of Niagara, for power purposes, not exceedin in the aggre te a daily diverslion at the rate of twenty thousand; cubic feet of!} water per secon. Br ¤¤¤·¤·· The United Kingdom, by the Dominion of Canada, or the Province of Ontario, may authorize and permit the diversion within the Province of Ontario of the waters of said river above the Falls of Niagara, for power puiiposes, not exceeding in the aggre te a daily divergon at the rate o thirty-six thousand cubic feet oiawater per secon. gwngr ¤·vizt¤¤¤. The prohibitions of this article shall not apply to the diversion of ’ water or samtary or domestic purposes, or or the service of canals for the purposes of navigation.