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WSPC00460
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Last modified
1/26/2010 10:49:54 AM
Creation date
10/9/2006 2:11:55 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8044
Description
Section D General Studies - Compacts-General Writings
State
CO
Basin
Statewide
Date
5/21/1942
Title
Department of State - International Boundary Commission - US and Mexico - US Section - Memorandum on Precedents as to Equitable Distribution of International Waters
Water Supply Pro - Doc Type
Report/Study
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<br />001334 <br /> <br />understanding of both parties is that the arrange- <br />ment contemplated by this treaty extends only to <br />the portion of the Rio Grande which fcrms the inter- <br />national boundary, from the head of the Mexican <br />Canal down to Fort Quitman, Texas, and in nO other <br />case." <br /> <br />39 Stat. 2953) Treaty Series No. 455, Malloy Treaties, I, <br />1202. <br /> <br />8. Milk and St. Mary Rivers - United States <br />and Great Britain - January 11, 1909 <br /> <br />The comprehensive waterways conventicn between the United States and Canada <br />of 1909 provided that each country had complete control of all water arising on <br />and flowing from its territory into the other or into boundary waters. But <br />uses of such waters already existing were recognized and ratified (Art. II). <br /> <br />With respect to the Milk and St. Mary, two successive rivers, the con- <br />vention provides that they are to be treated as one stream for the purposes of <br />irrigation and power, and that the waters thereof sha:: be apportioned equally <br />between the two countries (Art. VI). The effect of this division was to ade- <br />quately protect all uses existing'at the time the convention was signed. <br />Canada furnishes about one fifth of the water of these two rivers, both of <br />which originate within United States territory, but the equal division of the <br />waters was probably a quid pro quo for the concession made to the United States <br />of the right to carry water, diverted from the St. Mary into the Milk, along <br />the 130 miles the Milk River travels within Canadian territory before recrossing <br />the boundary back into the United States. <br /> <br />(' <br /> <br />In a general provision with regard to boundary waters (Art. VIII), as op- <br />posed to waters of successive streams" it was agreed that each country had <br />equal right in the use of such waters. There was set up an order of preoedence <br />with regard to new uses, which might be developed under agreement of the two <br />oountries, as follows I (1) d~estic and sanitary purposes) (2) uses for navi- <br />gation, including the service of canals for the purposes of navigation; (3) <br />uses for power and for irrigation purposes. But the foregoing provisions were <br />not to apply to or disturb any existing uses of boundary waters on either side <br />of the boundary. <br /> <br />I' <br />/-( <br /> <br />Artioles II, VI, and VIII of this Treaty read as followsl <br /> <br />"ART ICLE II <br /> <br />"Each of the High Contracting Parties reserves <br />to itself or to the several State Govermnents on <br />the one side and the Dominion or Provincial Govern_ <br />ments on the other as ,the case may be; subject to <br /> <br />-11- <br />
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