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<br />~ <br /> <br />Article 23 provides that each government will acquire <br />any private property necessary for the construction of the works <br />agreed upon in the Treaty. The construction of the works built <br />in pursuance to the provisions of the Treaty, even though in part <br />paid by one of the contracting countries, shall not confer upon <br />either of the two any rights, either of property or of jurisdic- <br />tion over any part of the territory of the other and each govern- <br />ment, of course, retains ownership and control within its own <br />territory over all real property and works acquired or constructed <br />pursuant to the Treaty. <br /> <br />Article 24 sets forth certain powers and duties of the <br />commission. Paragraph (d) of this article is quite significant. <br />It provides that the commission shall settle all differences that <br />may arise between the two governments with respect to the inter- <br />pretation or application of the Treaty, subject to the approval of <br />the two governments. Where the commissioners fail to reach an <br />agreement, the matter shall then be handled and adjusted through <br />regular diplomatic channels. (Attached hereto as Appendix A is a <br />memorandum dealing solely with Article 24(d) ). <br /> <br />~ Article 25 governs the proceedings of the commission <br />in carrying out the provisions of the Treaty and provides that <br />the commission shall establish a body of rules and regulations to <br />govern its procedure. This article also provides for the form of <br />the minutes of the commission and requires that they be forwarded <br />to each government within three days after being signed. Except <br />where the specific approval of the two governments is required by <br />the Treaty, if one of the governments fails to communicate to the <br />commission its approval or disapproval of the decision of the com- <br />mission within thirty days of the date of the particular Minute, <br />the Minute in question is considered as having been approved by <br />that government. <br /> <br />Article 26 is a transitory provision dealing with the <br />Rio Grande while Article 27 is a transitory\provision dealing <br />with the ColoradO River. <br /> <br />Article 28 provides for the ratification of the Treaty <br />and states it will continue in force once ratified until termi- <br />nated by another treaty concluded for that purpose between the <br />two governments. <br /> <br />AMERICAN BAR ASSOCIATION OBJECTIONS <br /> <br />The American Bar Association, by resolution, opposed the <br />Treaty because this group felt that the Treaty gave the commission <br /> <br />-12- <br />