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<br />e <br /> <br />. <br /> <br />e <br /> <br />,. <br /> <br />e <br /> <br />OOd96 <br /> <br />River, which would diminish the volume of water <br />entering Lake Albert (one of the sources of the <br />Nile), except in agreement with the Soudane8e <br />Government". 99Br. and For. St. Paps. 173, 174. <br /> <br />The convention concerning the boundary wa.ters between the United States <br />and Canada, signed January 11, 1909, by the United States and Great Britain, <br />stipulates in article II that "it is agreed that any interference with or <br />diversion from their natural ohannel of suoh waters on either side of the <br />boundary, resulting in any injury on the other side of the boundary, shall <br />give rise to the swne rights and entitle the injured parties to the same legal <br />remedies as if suoh injury took plaoe in the oountry where suoh diversion or <br />interferenoe occurs". 3 Treaties, eto. (Redmond~ 1923) 2607, 2608. <br /> <br />This means simply that a Canadian national who suffers injury by reason of <br />a diversion of waters in the United States shall have the swne remedy in our <br />ceurts as would be available to an Amerioan oitizen, and viae versa. This was <br />made possible by reason of the similarity of the jurisprudenoe of the two ooun- <br />tries, b,th of which stem from the oonnnon law system. <br /> <br />Artiole III of the same convention stipulates that <br /> <br />". . . in addition to the uses, obstruotions, <br />and diversions heretofore permitted or hereafter <br />provided for by speoia.l agreement between the Parties <br />hereto, no further or other uses or obstructions or <br />diversions, whether temporary or permanent, of boundary <br />waters on either side of the line. affeoting the <br />natural level or flow of boundary waters on the other <br />side of the line, shall be made exoept by authority <br />of the United States or the Dominion of Canada within <br />their respeotive jurisdiotions and with the.approva.l <br />. . . of a joint oommission, to be known as the Inter- <br />national Joint ColllIllission." ~ 2609. <br /> <br />Artiole IV provides that except in oases of speoial agreement, the two <br />Governments "will not permit the construction or maintenanoe on their respective <br />sides of the boundary of any remedial or proteotive works or any dams or other <br />obstructions in waters flowing from boundary waters or in waters at a lower <br />level than the boundary in rivers flowing aoross the boundary, the effect of <br />whioh is to raise the natural level of waters on the other side of the boundary <br />unless the oonstruotion or maintenanoe thereof is approved ~ the aforesaid <br />International Joint Commission". Ibid. <br /> <br />The prinoiple of equal distribution and beneficial use is particularly ex- <br />emplified in article VI, relating to the St. Mary and Milk Rivers. It statesl <br /> <br />". .. the St. Mary and Milk Rivers end their <br />tributaries (in the State of Montana and the Prov- <br />inces of Alberta and Saska.tshewan) are to be treated <br />as one stream for the purposes of irrigation end <br />power, and the waters thereof shall be apportioned <br />equally between the two oountries, but in making suoh <br /> <br />-2- <br />