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<br />0lJ1338 <br /> <br />" <br /> <br />This original division of the waters of a boundary stream for power pur- <br />poses was apparently based on no other oonsideration than that of the extent <br />of the diversions that had been l~oensed and undertaken in eaoh State at the <br />time of the signing of the treaty. <br /> <br />36 Stat. 2448; Treaty Series No. 548 <br /> <br />9. The Tartaro River <br /> <br />',')e have a reoord of the distribution of the waters of this river extending <br />Over a period of 224 years. Today the Tartaro is entirely within the juris- <br />diotion of Italy, but before the unifioation of that oountry, it was partially <br />in Venioe and partially in Mantua. It is diffioult to asoertain to what extent <br />the Tartaro was a boundary stream and to what extent it was of a suooessive <br />nature, but that its waters were used for the oultivation of rioe in both states <br />is a well established faot~ <br /> <br />The seven treaties oovering the use of the waters of the Tartaro during <br />these years are of the follovdng datesl Maroh 15, 1549; November 16, 1599; <br />April 20, 1752; June 9, 1753; June 25, 1765; November I, 1764; and June 19, 1765. <br /> <br />The treaty of 1549 appears to have been an international substantiation of <br />the titles to water previously granted to their subjeots by the two states oon- <br />cerned and oontains provisions regulating the nature and operation of the <br />various private diversion structures along the river, all for the avowed pur- <br />pose of removing disputes. The treaty of 1599 sought to seoure the aotual ex- <br />ecution of oapitulations ooncluded in 1548 as well as the removal of "suoh in- <br />novations as may have been made sinoe the said capitulations to the detriment <br />and injury of the connnon subjeots," by the appointment of oommission'ers. <br /> <br />In the middle of the eighteenth oentury, oontroversies among the water <br />users along the Tartaro beoame again aoute and a new treaty was undertaken <br />(April 20, 1752). It was found that the oondition of things had ohanged and <br />that "the quantity of the aforesaid waters was oonsiderably less than that <br />granted at various times to the respeotive subjeots and substantiated in their <br />titles." A oonunittee of experts under orders of the Conunission prepared a <br />report on the praoticable means of increasing the waters of the Tartaro and pre- <br />venting aocidental Or arbitrary diversions, so as to obtain a large volume for <br />equitable assignments to the use of eaoh party. The number of rioe fields that <br />were to be irrigated with the waters of the Tartaro was set by the experts at <br />6040 and a proportional distribution was made to the various riparian owners <br />(Art. I), based apparently on their historio titles as reoorded in the earlier <br />treaties. It was then provided that the titles belonging to both the Veronese <br />and Mantuans should be understood as permanent and invariably reduced by law <br />and general rule to the respeotive total of uses as Sft forth in the distribution <br />(Art. II). No further oonoessions were to be made of the waters of the Tartaro <br />and its affluents (Art. III), further provisions dealt with the oonstruction of <br />works, reotifioation of portions of the stream and regulation of the use of the <br />water. <br /> <br />-15.. <br />