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<br />17 <br /> <br />"'U:,. <br />.0U <br /> <br />" <br /> <br />I' <br />I <br />i <br /> <br />jurisdiction within its own territory and in accordance with <br /> <br /> <br />its own laws over all real property necessary to carry out <br /> <br /> <br />the provisions of the Treaty.~ <br />, .. <br /> <br />So the question to be determined is the extent neces- <br /> <br /> <br />'sary under the Treaty to effectuate that control. If it can be <br /> <br /> <br />done through an agency agreement such as the District proposes <br /> <br /> <br />with supervision by the agencies of the United States and with <br /> <br /> <br />the provision that those particular facilities can be taken bac~ <br /> <br /> <br />at any time, then of course the provisions of the Treaty are <br /> <br /> <br />satisfied; and that is the only basis upon which the Department <br /> <br /> <br />of State and the United States Section can proceed. In other <br /> <br /> <br />words, they are dealing with a private contractual right. <br /> <br /> <br />The question is the extent to which they must encroach upon <br /> <br /> <br />that contract in order to satisfy the provisions of the Treaty. <br /> <br />As I have said, these proposals were disoussed at a <br /> <br /> <br />meeting in Washington in January among representatives of the <br /> <br /> <br />Departments of State, Interior and Justice, the Bureau of <br /> <br /> <br />Reclamation and the United States Sect)on of the International <br /> <br /> <br />Boundary and Wa.ter COl'lllllission. No final conclusion has as yet <br /> <br /> <br />~een reached. No reply has as yet been made to the Imperial <br /> <br /> <br />Irrigation District. The Department has as yet received no <br /> <br />.- <br />formal opinion from the Department of Justice as to whether <br /> <br /> <br />some such arrangement as this can be concluded compatibly with <br /> <br />-ing <br />the Treaty; but our understand^iS as a result of these confer- <br /> <br /> <br />Q,nces that .the Department of Justice, or their representatives, <br /> <br /> <br />feol that some such arrangement as this can be accomplished <br /> <br /> <br />compatibly with the Treaty. <br /> <br />: I <br />