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<br />,OnI3f.l? <br /> <br />for use on the other side. <br /> <br />"1'he Commission in its discretion may make its ap- <br />proval in any case conditional upon the construction <br />of remedial or protective works to compensate so far <br />as possible for the particular use or diversion proposed, <br />and in such cases may require that suitable and adequate <br />provision, approved by the Commission, be made for the <br />proteotion and indemnity against injury of any interests <br />on either side of the boundary. <br /> <br />"In oases involving the elevation of the natural <br />level of waters on either side of the line as a result <br />of the oonstruotion or maintenanoe on the other side of <br />remedial Or proteotive works or dams or other obsturo- <br />tions in boundary waters or in waters flowing therefrom <br />or in waters below the boundary in rivers flowing aoross <br />the boundary, the Commission shall require, as a oondi- <br />tion of its approval thereof, that suitable and adequate <br />provision, approved by it, be made, for the proteotion <br />and indemnity of all interests on the other side of the <br />line which may be injured thereby. <br /> <br />"The majority of the Commissioners shall have power <br />to render a decision. In oase the Commission is evenly <br />divided upon any question or matter presented to it for <br />deoision, separate reports shall be made by the Commis- <br />sioners on each side to their own, Government. The High <br />Contraoting Parties shall thereupon endeavor <br />to agree upon an adjustment of the question or <br />matter of differenoe, and if an agreement is <br />reached between them, it shall be reduoed to <br />writing in the form of a protoool, and shall <br />be communicated to the Commis sioners, who shall <br />take suoh further prooeedings as may be necessary <br />to oarry out suoh agreement." <br /> <br />The general provisions applying to all uses of boundary waters on the <br />Canadian frontier are equally applioable to uses for hydraulio power. One <br />artiole, however, deals exolusively with the hydro-electrio power plants on <br />the Niagara River (Art. V). It was here the purpose of the High Contraoting <br />Parties to limit the diversions from the Niagara River so that the level of <br />Lake Erie and the flow of the stream might not be appreoiably affeoted. In <br />the aooomplishment of this objeot, it was the expressed desire of the two <br />countries to oause the least possible injury to investments whioh had already <br />been made in the oonstruction of power plants, under proper authority, on both <br />sides of the river. It was acoordingly provided that daily diversions of water <br />of the Niagara River on the United States side for power, purposes, should be <br />limited to 20,000 oubio feet of water per second, while on the Canadian side <br />the limit was set at 36,000 oubic feet of water per seoond. <br /> <br />-14.. <br />