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Last modified
7/29/2009 8:08:41 AM
Creation date
10/9/2006 3:23:23 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8044
Description
Section D General Studies-Compacts-general writings
Date
5/26/1942
Title
Memo Furnished by Legal Advisor of State Dept on Use of International Streams
Water Supply Pro - Doc Type
Report/Study
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<br />. <br /> <br />. <br /> <br />.~ <br /> <br />. <br /> <br />\ <br /> <br />. <br /> <br />D02{03 <br /> <br />irrigation, while permitting such pro~ramme of exten- <br />sicn as might be feasible under present conditions and <br />those of the near future, without at the same time <br />compromising in any way the possibilities of the more <br />distant future. <br /> <br />"22.. The arrangement contemplated aims at inter- <br />preting in' definite and teohnioal terms the intentions <br />of the note quoted in the opening paragraph of this <br />Report, wherein it was explained that in authorizing <br />extensions of irrigation in the Sudan 'the British <br />Government, however, solioitous for the prosperity of <br />the Sudan, have no intention of trespassing upon the <br />natural and historic rights of Egypt in the water~ .f <br />the Nile, which they reoognise to-day no less than in .. <br />the past. .,' (By the exohange ~f notes of January 26, <br />1925, under whioh the Commission was appointed. full . <br />consideration was to be given to the iuterests of Egypt <br />and "without detriment to her natural and historio. <br />rights".) The Commission has every hope that its <br />proposals, framed in this spirit, and after full <br />study of the technical aspects of the problem, may <br />form an aoceptable basis upon which, by harmonious <br />and oo-operative effort, the irrigation development of <br />the future may be founded, and by which all existing <br />rights may be perpetually safeguarded. <br /> <br />. . . . . . . <br /> <br />"88. The Conunission's main findings may be <br />summarised as followsl <br /> <br />"(i) The natural flow of the river should be <br />reserved for the benefit of E~ypt <br />from the 19th January to the 15th <br />July (at Sennar), subjeot to the <br />pumping in the Sudan as defined below," <br />British Treaty Series No. 17 (1929). <br />Cmd. 3348, pp. 2-3. 10-11, 29, 50. <br /> <br />In 1933 the Seventh International Conference of Amerioan States adopted a <br />resolution with respect to the "Industrial and Agricultural use of International <br />Rivers", paragraph 2 of whioh readsl <br /> <br />"The states have the exclusive right to exploit, <br />for industrial or agrioultural purposes, the margin <br />whioh is under their jurisdiotion, of the vmters of <br />internatiGnal rivers. This right, however, is con- <br />ditioned in its exeroise upon the neoessity of not <br />injuring the equal right due to the neighboring state <br />on the margin under its jurisdiotion." 28 A.J.I.L. <br />(1934), Offioial Documents. p. 59. <br /> <br />-9- <br />
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