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<br />. <br /> <br />, <br />v <br /> <br />e <br /> <br />t <br /> <br />e <br /> <br />00,,400 <br /> <br />Artiole 14 providedl <br /> <br />"txisting or proposed installations for the <br />normal utilization of non-navigable wateroourses <br />and offlet oanals forming the frontier must not <br />obstruct the flow of water or dimini sh its volume <br />to suoh an extent as to cause serious detriment to the <br />inhabitants on the lower reaohes." 75 Leae;ue of <br />Nations, Treaty Series, pp. 264, 268. <br /> <br />The Preamble to the agreement between the Union of South Afrioa and portugal, <br />regulating the use of the waters of the Kunene River forthe purposes of generat- <br />ing hydraulic power and of inundation and irrigation in the mandated territory <br />of South '.lest Africa, signed en July 1, 1926, recites that -- <br /> <br />". . . the Government of the Republio of <br />Portugal is mindful of the faot that from time <br />immemorial portions of the Ovamboland now fonning <br />part of the I:landated Territory of South Hest Africa <br />have periodically been. inundated by the flood waters <br />of the Kunene River overflowing its bal..,s at various <br />points in Portuguese Territory; <br /> <br />II. . . the Government of the Republic of <br />Portugal is further mindful of the fact that by the <br />silting up of the inlets of some of the natural <br />channels of these ,,'aters into Ovamboland the <br />volume of suoh overflow has greatly decreased; <br /> <br />II. . . it is vital to the health and oomfort <br />if not to the very existenoe of the native tribes <br />of Ovamboland to ensure that these natural ohannels <br />shall be and remain openl <br /> <br />". . . the Government of the Union of South <br />Africa has asked the Government of the Republio of <br />Portugal for leave to undertake works for the purpose <br />of restoring to the l1andated Territory the benefits <br />of inundation it previously enjoyed; <br /> <br />". . . the Government of the Republio of <br />Portugal for reasons of humanity agree, under oertain <br />oonditions, to allow the diversion of the waters of <br />the River Kunene for the benefit of the Mandated <br />Territory; . . . ff <br /> <br />Article 7 of the agreement provides I <br /> <br />IIEo diversion of water shall be made by either <br />Government between the Kazambue Rapids and Naulila <br />unless a quantity sufficient for any power works <br />construoted at any point below the Rapids is allowed <br /> <br />-6... <br />