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<br />0013~6 <br /> <br />used at the convenience of the United States for the <br />conveyance, while passing through Oanadian territory, <br />of waters, diverted from the St. Mary River. The <br />Provisions of Article II of this treaty shall apply <br />to any injury resulting to property in Canada from <br />the conveyance of such waters through the Milk River. <br /> <br />liThe measurement and apportionment of the water <br />to be used by each country shall from time to time <br />be made jointly by the properly constituted reclama- <br />tion officers of the United States and the properly <br />oonstituted irrigation offioers of His Majesty under <br />the direotion of the International Joint Commission. <br /> <br />ARTICLE VIII <br /> <br />"This International Joint Commission shall have <br />jurisdiction over and shall pass upon all oases in- <br />volving the use or obstruotion or diversion of the <br />vrnters with respeot to which under Articles III and <br />IV of this treaty the approval of this Commission <br />is required, and in passing upon suoh oases the Com- <br />mission shall be governed by the following rules or <br />prinoiples which are adopted by the High Contraoting <br />Parties for this purpose, <br /> <br />liThe High Contraoting Parties shall have, eaoh <br />On its own side of the boundary, equal and similar <br />rights in the use of the waters hereinbefore defined <br />as boundary waters. <br /> <br />liThe following order of preoedenoe shall be <br />observed among the various uses enumerated here- <br />inafter for these .vaters, and no use shall be per- <br />mitted which tends materially to confliot with or <br />restrain any other use whi9h is given preferenoe <br />over it in this order of precedenoe, <br /> <br />" <br />, <br />~, .: <br />, <br /> <br />(1) <br />(2) <br />(3) <br /> <br />Uses for domestic and sanitary purposes) <br />Uses for navigation, including the servioe of <br />canals for the purposes of navigation) <br />Uses for power and for irrigation purposes. <br /> <br />, ' <br />V <br />( <br />I. <br />~, <br /> <br />liThe foregoing provi sions shall no c apply to or <br />disturb any existing uses of boundary waters On either <br />side of the boundary. <br /> <br />liThe requirement for an equal division may in the <br />discretion of the Commission be suspended in cases of <br />temporary diversions along boundary waters at points <br />where suoh equal division oannot be made advantageously <br />on account of looal conditions, and where such diver- <br />sion does not diminish elsewhere the amount available <br /> <br />-13- <br />