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001338 compatible with the paramount interests of Egypt and the Sudan, the scheme in contemplation should be so framed and executed as to afford appropriate satisfaction to the economic need of these populations." It is evident that the result of all these agreeLonts is to protect the existing useS in both upper and lower riparian countries, but it is also very limiting on the possible extension of the use in the upper countries. 2. The Kunene River - Union of South Africa and Portugal - July 1, 1926 From "time immemorial" the flocd waters of the Kunene River were accustomed to overflow their banks in certain portions of what is now Portugese territory (Angola) and were conducted along natural channels into territory now under the mandate of the Union of South Africa, where the lands and pastures were ir- rigated thereby and the ground water replenished. Eventually the inlets of these flood channels became ohoked with silt so that the extent and benefits of the periodio inundations were greatly reduced. The Kunene is a boundary stream for about 250 miles from the Atlantio coast eastward and upstream to the top of the Rue. Kana Falls. At this point the river enters Portugese territory and turns northward passing the Kazambu Rapids and the place oalled Naulila and thenoe on in a northerly direotion to its head waters whioh lie in Portugese Angola. The flood channels, mentioned above, leave the east bank of the river above Naulila and also between Naulila and Kazambu Rapids and extend southward into Ovamboland, whioh is a territory mandated to the Government of the Union of South Africa. ! In the treaty, Portugal for "reasons of h\lll1anity" conoedes to South Africa the right to use up to one half of the flood water of the Kunene River for ir- rigation and inundation of the mandated territory pro,lded the projeot proves feasible (Art. 6). For this purpose South Africa may oonstruot and maintain works within Portugese territory (Art. 8). An international joint technioal oommi~ion is to report on the feasibility of diverting the water of the Kunene River. No hydraulic works except those specified in the treaty may be construoted by either government, on boundary streams (Kunene and Okavengo) wi thout the consent of the other government. Ii t: r I r I With regard to the development of hydraulic power, ,the Goverrunent of Portugal agreed that, whereas it was not feasible for eoonomic reasons to con- struot all the works neoessary for the development of hydraulio power within the mandated territory (Union of South Afrioa), that a dam might be oonstruoted within Portugese territory, not more than 3 kilometers within the boundary (Art. I), by either Goverrunent (Art. II). The dam might be construoted un- ilaterally or oooperati vely, but "notwithstanding the right "w.hich eaoh Govern- ment has to one-half share of the water, the Government which constructs the dam, weir or barrage shall be entitled to the use of all the water, until such time as the other Government shares in the scheme. But the Government entitled r-5'"