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<br />001953 <br /> <br />shall determine the extent and location of any private property to be acquired within its own country and shall make the <br />necessary requests upon its Government for the acquisition or such property. The Commission shall determine the cases in <br />which it shall become necessary to locate works for the conveyance of water or electrical energy and for the servicing of <br />any such works, for the benefit of either of the two countries, in the territory of the other country, in order that such <br />works can be built pursuant to agreement between the two Governments. Such works shall be subject to the jurisdiction <br />and super vision of the Section of the Commission within whose country they are located. Construction of the works built <br />in pursuance of the provisions ofthis Treaty shall not confer upon either of the two countries any rights either of property <br />or of jurisdiction over any part whatsoever ofthe territory of the other. These works shall be part of the territory and be <br />the property of the country wherein they are situated. However, in the case of any incidents occurring on works <br />constructed across the limitrophe part of a river and with supports on both banks, the jurisdiction of each country shall be <br />limited by the center line of such works, which shall he marked by the Commission, without thereby changing the <br />international boundary. Each Government shall retain, through its own Section of the Commission and witbin tbe limits <br />and to the extent necessary to effectuate tbe provisions of this Treaty, direct ownersbip, control and jurisdiction within its <br />own territory and in accordance with its own laws, over all real property-including that witbin the cbannel of any river- <br />rights of way aud rights in rem, that it may be necessary to enter upon and occupy for the construction, operation or <br />maintenance of all the works constructed, acquired or used pursuant to this Treaty. Furthermore each Government sball <br />similarly acquire and retain in its own possession the titles control and jurisdiction over such works. <br /> <br />Article 24 <br /> <br />The International Boundary and Water Commission shall have, in addition to tbe powers and duties otherwise specifically <br />provided in this Treaty, the following powers and duties: <br /> <br />(a) To initiate and carry on investigations and develop plans for the works which are to be constructed or established in <br />accordance with the provisions ofthis and other treaties or agreements in force between the two Governments dealing with <br />boundaries and international waters; to determine, as to such works, their location, size, kind and characteristic <br />specifications; to estimate the cost of such works; and to recommend the division of such costs between the two <br />Governments, the arrangements for the furnishing of the necessary funds, and the dates for the beginning of the works, to <br />the extent that the matters mentioned in this subparagraph are not otberwise covered by specific provisions ofthis or any <br />other Treaty. <br />b) To construct tbe works agreed upon or to supervise their construction and to operate and maintain such works or to <br />supervise their operation and maintenance, in accordance with the respective domestic laws of each country. Each Section <br />shall have, to the extent necessary to give effect to the provisions of this Treaty, jurisdiction over tbe works constructed <br />exclusively in the territory of its country whenever such works shall be connected with or shall directly affect tbe execution <br />ofthe provisions ofthis Treaty. <br />(c) In general to exercise and discharge the specific powers and duties entrusted to the Commission by this and other <br />treaties and agreements in force between the two countries, and to carry into execution and prevent the violation of tbe <br />provisions of those treaties and agreements. The authorities of each country shall aid and support the exercise and <br />discharge of these powers and duties, and each Commissioner sball invoke when necessary the jurisdiction of the courts or <br />other appropriate agencies of his country to aid in the execution and enforcement of these powers and duties. <br />(d) To settle all differences that may miss between the two Governments witb respect to the interpretation or application of <br />this Treaty, subject to the approval of the two Governments. In any case to which the Commissioners do not reach an <br />agreement, they shall so inform their respective governments reporting their respective opinions find the grounds therefor <br />and the points upon which they differ, for discussion and adjustment of the difference througb diplomatic channels and <br />for application where proper of the general or special agreements which the two Governments have concluded for the <br />settlement of controversies. <br />(e) To furnish the information requested ofthe Commissioners jointly by the two Governments on matters within their <br />jurisdiction. In the event that the request is made by one Government alone, the Commissioner of the other Government <br />must have the express authorization of his Government in order to comply witb such request <br />(t) The Commission shall construct, operate and maintain upon the Iimitropbe parts of tbe international streams, and eacb <br />Section shall severally construct, operate and maintain upon the puts of the international streams and their tributaries <br />within the boundaries of its own country, such stream gaging stations as may be needed to provide the hydrographic data <br />necessary or convenient for the proper functioning of tbis Treaty. Tbe data so obtained shall be compiled and periodically <br />exchanged between the two Sections. <br />(g) The Commission shall submit annually a joint report to the two Governments on the matters in its charge. The <br />Commission shall also submit to the two Governments joint reports on general or any particular matters at such other <br />times as it may deem necessary or as may be requested by the two Governments. <br /> <br />Article 25 <br /> <br />Except as otherwise specifically provided in this Treaty, Articles ill and vn of the Convention of March 1, 1889 shall <br />govern the proceedings of the Commission in carrying out the provisions of this Treaty. Supplementary thereto the <br />Commission shall establish a body of rules and regulations to govern its procedure, consistent with the provisions of this <br />Treaty and of Articles ill and vn of the Convention of March 1, 1889 and subject to tbe approval of both Governments. <br />Decisions oftbe Commission shall be recorded in the force of Minutes done in duplicate in tbe English and Spanisb <br />languages, signed by each Commissioner and attested by the Secretaries, and copies thereofforwarded to each <br />Government within three days after being signed. Except where the specific approval of the two Governments is required <br />by any prevision of this Treaty, if one of the Governments fails to communicate to the Commission its approval or <br />disapproval of a decision of the Commission within thirty days reckoned from the date of the Minute in whicb it shall bave <br />been pronounced, the Minute in question and the decisions whicb it contains sball be considered to be approved by that <br />Government The Commissioners, within the limits oftheir respective jurisdiction, shall execute the decisions of the <br />Commission that we approved by both Governments. If either Government disapproves a decision of the Commission the <br />two Governments shall take cognizance of the matter, and if an agreement regarding such matter is reached between the <br />two Governments, the agreement shall be communicated to tbe Commissioners, who shall take such furtber proceedings <br />as may be necessary to carry out such agreement <br />