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<br />001399 <br /> <br />The later treaties contained slight modifications of the provisions of the <br />treaty of 1752 as to diversion structures, provisions for their regular in- <br />spection, and regulations for the improvement and maintenanoe of the channel of <br />the Tartaro and its tributaries. <br /> <br />The seven treaties on the Tartaro are quite voluminous and make up a large <br />file, but the very local nature of their provisions together with the laok of <br />information with regard to their political background, renders the deduction of <br />general principles from their provisions both difficult and questionable, other <br />than that the international settlement of the division of these waters was ap- <br />parently based primarily on consideration of private title. <br /> <br />10. Boundary Streams - France and Spain <br />May 26, 1866 and July 11, 1868 <br /> <br />There are a number of irrigated areas in the Pyrenees in both Franoe and <br />Spain., The boundary treaty of 1866 between these two oountries sought to set <br />up a regime for the enjoyment of suoh boundary waters as were used by oitizens <br />of both countries. <br /> <br />On both successive and contiguous streams each government reoognized, sub- <br />ject to a joint verification, the legality of irrigations, factories and us- <br />ufructs for domestic uses then exi sting in the other State, by virtue of con- <br />cession, title or prescription, with the reservation that only the water neoes- <br />sary to satisfy real needs should be used, that abuses were to be suppressed, <br />and that suoh reoognition should not affeot the respective rights of the govern- <br />ments to authorize works of public utility on condition of ~gitimate indemnities <br />(Art. IX). If having satisfied the real needs of the uses respectively recog- <br />nized by both parties as regular, SOme water remained available at low water <br />orossing the frontier, it was to be divided in advance between the two countries <br />in propcrtion to the extent of irrigable land belonging to the respective im- <br />mediate riparian owners, deducting the lands already irrigated (Art. ~). <br /> <br />Articles IX and X read as follows I <br /> <br />"ARTICLE IX <br /> <br />"For streams whioh pass from one country to the <br />other or which serve as frontier, each Government <br />recognizes, subjeot to making a joint verification, <br />when it shall be useful, tpe legality of irrigations, <br />factories and usufruots for domestic uses now existing <br />in the other State, by virtue of conoession, title or <br />by prescription, with the reservation that only the <br />,vater necessary to satisfy real needs shall be used, <br />that abuses must be suppressed, and that suoh recog- <br />nition shall not affect the respective rights of the <br />Governments to authorize works of public utility on <br />condition of legitimate indemnities. <br /> <br />-16- <br />