The Oroville weekly gazette. [volume] (Oroville, Wash.) 1905-19??, 1922-03-03
GROWERS FORM MARKETING ORGANIZATION
OFFICIALS CONFER
OVER Water USE
Rights In International Streams Dis.
cussed ut Meeting Held In
VictOrin, Il. &.

On January IL Marvin Chase, super
visor OF hydraulics department of cor
servation and development, had con
ference at Victoria, b. c., with Britis
Columbia officials relative to right
} to the use of water of internatiOna
streams. The press carried no repOr
of this meeting, and in letter to tn
Gazette, Mr.. Chase gives the following
information which is of interest here
AT this conference we had thor
ough discussion as to the general re
lations existing with refernce to in
ternational streams which flow partl,
in British Columbia and partly il
Washington. These relations are con
trolled by certain treaties between
Great Britain and the United States
and we considered the treaties ant
our understanding of the rights of cit
| liens OF the respective states to the
use OF the waters of these information.
al streams. We agreed in our under.
standing as to the existence and deter.
minatiOn of the rights under these
treaties, but there was no definite
agreement as to particular rights on
particular streams, therefore no speci-
fic details that J can give you.
| '"The general understanding with
reference to the subject is substan-
TALLY as follows. Rights to the use of
u. fro tal, s,Nt4 4 To-, ~
| streams are to be determined under
the treaties referred to- The particular
| provisions of these treaties affecting
water rights are as follows:
From the point at which the Forty
ninth parallel of north latitude shall
be found to intersect the great north
ha eSplRfh % Fl ee the sGalMRiae fiNlsiSr iANlsiaSrrtbbe TBS
free and open to the Hudson Bay
company and to all British subjects
trading with the same, to the point
where the said branch meets the main
stream of the Columbia, and thence
down the said main stream to the
ocean, with free access into and
through the said river or rivers, it
being understood that all the usual
portages along the line thus declared
shall, in like manner be free and open.
In navigating said river or rivers Brit
ish subjects. with their goods and pro-
duce, shall be treated on the same
footing as citizens of the United States
it being, however, always understood
that nothing in this article shall be
construed as preventing or intending
to prevent, the government of the
United States from making any regu-
lations respecting the navigation of
the said river or rivers net inconsist-
eut with the present treaty. OMalloy
treaties, Vol. l, p. 657.)
Each of the high contracting par
ties reserves to itself or to the several
State Governments on the one side and
the Dominion or Provincial Govern
ments on the other as the case may be,
subject to any treaty provisions now
existing with respect thereto, the ex-
elusive jurisdiction and control over
the use and division, whether tempor-
ary or permanent, of all waters on it's
own side of the line which in their
the boundary or into boundary wat
ers; but it is agreed that any inter
ference with or diversion from their
natural channel of such waters on
either side of the boundary, resulting
in any injury on the other side of the
boundary, shall give rise to the same
lights and entitle the injured parties
20 the same legal remedies as if such
injury took place in the country where
such diversion or interference occurs
but this provision shall not apply to
| .ases already existing or to cases eX-
pressly covered by special agreement
between the parties hereto.
| 1T is understood, however, that
neither of the High Contracting par
ties intends by the foregoing provision
20 surrender any right, which it may
,ave, to object to any interference
| With or diversions of water on the
other side of the boundary the effect
IF which would be productive of ma
terial injury to the navigation inter
ests on its own side of the boundary
| These treaties have been consider
ed at various times by the legal de-
partments of various government
bureaus, and the consensus of opinion
is that the treaties provide for a resort
to the law of the State in which the
diversion occurs. That is, il rights on
the Canadian side were initiated prior
to American rights. and such Can
adian rights were injured by diversion
of the waters of an interstate stream
on the Washington side, the Canadian
parties would be entitled to a remedy
by injunction or damages, but would
have to obtain their remedy by proper
proceedings in the courts of Washing
ton; and vice versa. parties in Wash
ington injured by wrongful diversions
in Canada would be entitled to pro
tect their rights by proper proceeding:
in the courts of British Columbia. In
lother words, by virtue of these treatie:
the situation with respect to watel
rights is the same as if therewere n,
boundary line, except for the necessity
of seeking redress in the court on tn,
other side of the line