Page:United States Statutes at Large Volume 36 Part 2.djvu/1002

 TREATY—GREAT BRITAIN. JANUARY 11, 1909. 2451 Amucu: VI. The High Contracting Parties agree that the St. Mary and Milk ,,§;}_M¤'Y md Mm Rivers. and their tributaries (in the State of Montana and the Apiiomoameuc oz Provinces of Alberta and Saskatchewan) are to be treated as one w"°”‘°"m°°°°°' stream for the purposes of irrigation and power, and the waters thereof shall be apportioned equally between the two countries, but in making such equal apportionment more than half may be taken from one river and less t an half from the other by either country so as to afford a more beneficial use to each. It is furttier agreed that Bw U¤i*¤d WM in the division of such waters during the irrigation season, between the lst of April and 31st of October, inclusive, annually, the United States is entitled to a rior 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 BY°*¤*"•· to a prior appropriation of 500 cubic feet per second of the flow of St. Mary River, or so much of such amount as constitutes threefourths of its natural flow. _ The channel of the Milk River in Canada may be used at the con- uf,§,",§,§;§f·‘“ °* ”*· venience of the United States for the conveyance, while passing through Canadian territoq, of waters diverted from the St. Mary River. The provisions of rticle II of this treaty shall apply to arg A~¢=.x>- ma injury resulting to property in Canada from the conveyance of su waters through the Mi k River. _ The measurement and apportionment of the water to be used by ,,,§f,2,‘;‘{;T,{"f,{’.{;,l}[ each country shall from time to time be made °ointly 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. Airncm VII. The High Contracting Parties a ree to establish and maintain an I°'°'°°’*°“'*‘ J°‘“f International Joint Commission 0% the United States and Canada on uhh composed of six commissioners, three on the part of the United States """*"‘ "°°‘ appointed by the President thereof, and t ree on the part of the United Kingdom appointed by His Majesty on the recommendation of the Governor in Council of the Dominion of Canada. Aamcns VIII. This International Joint- Commission shall have jurisdiction over ·¥¤¤•¤*¢¤<>¤·¤¤= and shall pass upon all cases involvin the use or obstruction or diversion 0 the waters with respect to w%iich under Articles III and """· *’*"“‘”· "°°· IV of this treaty the approval of this Commission is required, and in passing upon such cases the Commission shall be governed by the fol owin%)ru es or principles which are adopted by the High Con- P""°'*’l°“°°°]"°'k tractinggl arties for this purpose: The igh Contracting Parties shall have, each on its own side of ”“*“** "‘€‘“* the boundary, equal and similar rights in the use of the waters hereinbefore defined as boundaiiy waters. The following order o precedence shall be observed among the P'°°°d°°°°°‘°'°° various uses enumerated hereinafter for these waters, and no use shall be permitted which tends materially to conflict with or restrain any other use which is given preference over it in this order of prec- 1 ses or omestic an sanitary purposes; °dimieii 1 a a (2) Uses for navigation, including the service of canals for the purposes of navigation; (3) Uses for power and for irrigation purposes,