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<br /><;:) <br />(.0,) <br />--.J <br />t\;J <br /> <br />i <br />I <br />; <br />i <br />, <br />i <br />I <br />'i <br />, <br />, <br />,j <br />! <br />I <br />I <br /> <br />I <br />J <br />II <br />'i <br />, <br />'I <br />I <br />, <br />I' <br />i <br />, <br />I <br /> <br />55 <br /> <br /> <br />:;-,.,; <br /> <br />. <br /> <br />Pari Two <br /> <br />I. RIGHTS OF INJURED LANDOWNERS <br /> <br />We are advised that discharges from the Wellton- <br />Mohawk project have caused damage to lands and crops <br />in the Mexicali Valley. The present portion of this opinion <br />deals with such rights as may reside in landowners wht} <br />have been damaged by reason of the delivery of highly <br />saline water. <br /> <br />Such rights as may exist derive from several possible <br />domestic sources, namely, the treaty of 1944 to the extent <br />that it is effective domestically, the law of the State of <br />Arizona, and federal law of the United States.'. Whether <br />in fact these sources confer rights on injured landowners, <br />is now to be discussed. <br /> <br />I <br />j <br />I <br />I <br />j <br />I <br /> <br />A. UNDER THE 1944 TREATY <br /> <br />1. Inlerprelalion of Trealies in Uniled Slale. Courl. <br /> <br />Oourts of the United States have exclusive authority to <br />interpret the meaning of treaties for the purpose of deter- <br />mining the rights of litigating parties." The Supreme <br />Oourt of the United States has set forth certain principles <br />which are controlling on domestic courts in the interpreta- <br />tion of treaties: (1) treaties are to be liberally construed <br />so as to effect the apparent intention of the parties; <br />(2) when a treaty provision fairly admits of two construc- <br />tions, one restricting, the other enlarging rights which may <br />be claimed under it, the more liberal interpretation is to <br />be preferred; and (3) when their meaning is uncertain, <br /> <br />. <br /> <br />sa While customary international law, as has been stated, deals with the <br />responsibility of a nation to prevent its territory from causing injury to <br />neighboring territory, such rights as are present under customary international <br />law are rights residing in nations, not nationals. See Sclnvarzenberger, Inter- <br />national Law (3d ed.) 354; I Lauterpaeht, Oppenheim's International Law <br />(8th ed. 1955) OM. Of. Khedivial Lino B.A.E. v. Seafarers' Int'} Union, <br />278 F. 2d 49, 52 (2d Cir. 1960). <br /> <br />87 V Moore, Digest of International Jjaw 234 (1906). <br /> <br />[ <br />~' <br />~, <br />,. <br /> <br />~- ._._~_e'~""~'.r-"""-'''''''''-'_'''''''''~"''_ ..- <br />