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<br />. <br /> <br />'. <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />., <br /> <br />002~05 <br /> <br />which would provide them vith the necessary water at <br />all hours. In other words, the sum deposited was <br />treated as the potential equivalent of a second <br />dam vrhich Aargau might construct in her own <br />interests. <br /> <br />"The interest of this decision lies in its <br />clear repudia~on of the theory that inter-state <br />.relations in water-courses are to be governed by <br />the private law of riparian rights. From the <br />international point of view the question is not <br />one of property, but of jurisdiction. So long <br />as the sovereign power of the state is exercised <br />in a reasonable and beneficial manner, its exer- <br />oise oannot be vetoed by the assertion of any <br />absolute proprietary right. The ruling of the <br />Bundesgericht essentially rests upon tL3 prin- <br />oiple of the 'equitable apportionment of <br />benefits,' which was later adopted by the Supreme <br />Court of the United States. t H. A. Smith, The <br />Economio Use of International Rivers (193l)~-40, <br /> <br />The same author discusses the Donauversinkung case which arose between <br />German states, as foll~1st <br /> <br />"No river has had more diplomatic history than <br />the Danube , . . <br /> <br />"The head waters of the great river are <br />formed by a number of streams issuing out of the <br />mountains of the Black Forest. As the main <br />stream passes between the Baden towns of <br />Braulingen and Rufingen and the Wurttemberg town <br />of Fridingen, it loses by peroolation a oonsid- <br />erable volume of its water during oertain periods <br />of the year. This water sinl:s through oracks and <br />pores in the ohalky bed, ultimately emerging <br />above-gound to form the souroe of the small <br />river Aaoh, which flows through southern Baden <br />into Lake Constanoe (Bodensee). By reason of <br />this percolation the.water of the Aaoh is par- <br />tioularly rioh in oertain mineral solutions, <br />whioh make it speoially valuable for industrial <br />purposes. Thus we see that the peroolation <br />takes plaoe in two states, bu'" the whole of the <br />benefit goes to Baden. 1':urttemberg, on the other <br />hand, is entirely a loser. For same six Or seven <br />miles in her territ ory the bed of the river dries <br />up oompletely for varying periods. . . <br /> <br />". . . Confliot arose from the fact that <br />eaoh of the two states took active steps to <br /> <br />-11- <br />