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<br />(-~ '0 <br />tJ ~.J J <br /> <br />. <br /> <br />the importing nation further downstream. The Boundary Waters Treaty of <br /> <br /> <br />1909 between Canada and the U.S. expresses the classical sovereignty <br /> <br />doctrine with regard to rivers that flow along or across the boundary <br /> <br />between these two countries. In an oft-quoted passage the two nations <br /> <br />agreed that each: <br /> <br />. reserves to itself . . . the exclusive jurisdiction and control over the <br /> <br />use and diversion, whether temporary or permanent, of all waters on its <br /> <br />own side of the line which in their natural channels would flow across the <br /> <br />boundary or into boundary waters. . <br /> <br />I ,,13 <br /> <br />3. Protection Measures <br /> <br />Most authors writing on the subject of out-of-basin water transfer cite the <br /> <br />laws of several states and some federal legislation as specific attempts to <br /> <br />provide protection for a basin-of-origin against losses resulting from out-of- <br /> <br />basin water transfers. Johnson and Knippa state that such laws have arisen <br /> <br />because, "In the absence of a law protecting basins of origin, only those <br /> <br />interests called 'water rights' have legal protection against transbasin <br /> <br />diversion, and even the latter cannot ordinarily resist the power of eminent <br /> <br />domain, which is likely to be available for large water projects." 14 <br /> <br />Ralph W. Johnson cites all of the state "area of origin protection statutes" <br /> <br />commonly cited by other authors in the follow ing manner: <br /> <br />"Although the common law appropriation system of the West does not <br /> <br />protect areas of origin, a variety of state statutes have been enacted in the <br /> <br />-15- <br />