Laserfiche WebLink
<br />OG1395 <br /> <br />any treaty provisions now existing with respeot <br />thereto, the exclusive jurisdiotion and oontrol <br />over the USe and diversion, whether temporary or <br />permanent, of all waters on its own side of the line <br />whioh in their natural ohannels would flow aoross <br />the bOWldary or into boundary waters; but it is <br />agresd that any interferenoe with or diversion fram <br />their natural channel of suoh waters on either side <br />of the bOWldary, resulting in any injury on the <br />other side of the bOWldary, shall give rise to the <br />same rights and entitle the injured parties to the <br />same legal remedies as if such injury took plaoe in <br />the oOWltry where such diversion or interference <br />ooours; but this provision shall not apply,tc cases <br />already existing or to cases expressly oovered by <br />special agreement between the parties hereto. <br /> <br />"It is Wlderstood, however, that 'neither of <br />the lfigh Contracting Parties intends by the fore- <br />going provision to surrender any right, which it may <br />have, to object to any interferenoe with or diver- <br />sions of waters on the other side of the bOWldary <br />the effect of whioh would be productive of material <br />injury to the navigation interests on its cwn side <br />,of the bOWldary. <br /> <br />ARTICLE VI <br /> <br />, <br /> <br />"The High Contracting Parties agree that the St. <br />Mary and Milk Rivers and their tri butaries (in the <br />State of Montana and the Provinoes of Alberta and <br />Sasketohewan) are to be treated as one stream for <br />the purposes of irrigation and power, and the waters <br />thereof shall be apportioned equally between the <br />two countries, but in making suoh equal apportion- <br />ment more than half may be taken from one river and <br />less than half from the other by either cOWltry <br />so as to afford a more beneficial use tJ eaoh. It <br />is further agreed that in the division of suoh wa- <br />ters during the irrigation season, between the 1st <br />of April and 31st of October, inclusive, annually, <br />the United States is entitled to a prior appropria- <br />tion of 500 cubio feet per seoond of the waters cf <br />the Milk River, or so much of such amoWlt as oon- <br />stitutes three fourths of its natural flow, and that <br />Canada is entitled to a prior appropriation of 500 <br />oubio feet per seoond of the flaw cf St. Mary River, <br />or so muoh of suoh amoWlt as oonstitutes three fourths <br />of its natural flow. <br /> <br />"The ohannel of the Milk River in Canada may be <br /> <br />-12- <br />