2452 TREATY——GREAT BRITAIN.· JANUARY 11, 1909. The foregoing provisions shall not apply to or disturb any existing _ uses of boundary waters on either side of the boundary. _ _ Tmrnrwy dim- The requirement for an equal‘d1vision may in the discretion of d°°` the Commission be suspended in cases of temporary diversions along boundary waters at points where such equal division can not be made advantageousl on account of local conditions, and .where such diversion does not diminish elsewhere the amount available for use on the other side. _ _ 0¤mv¤¤¤¢i¤|¤¤¤¤· The Commission in its discretion may make its approval in any °m'°’k` use conditional upon the construction of remedia or protective works to compensate so far as possible for the particular use or diversion proposed, and in such cases may require that suitable and adequate provision, approved by the Commission, be made for the protection and indemnity against inj1u·y of any mterests on either · side of the boundary. ’ ` , ¤¤ •¤¢¤ i¤ MM In cases involving the elevation of the natural level of waters on either side of the line as a result of the construction or maintenance on ` the other side of remedial or protective works or dams or other obstructions in boundary waters or in waters flowing therefrom or in waters below the boundary in rivers iiowing across the boundary. the Commision shall require, as a condition of its approval thereof, that suitable and adequate provision, approved by it, be made for the protection and indemnity of all interests on the other side of the line which may be injured thereby. - ., ·- w *‘ °'¤· The majority of the Commissioners mall have power to render a decision. In case the Commission is evenly divided upon an uestion or matter presented to it for decision, separate reports sliaill be made by the Commissioners on each side to their own Government. The High Contractinfg Parties shall thereupon endeavor to a e upon an adjustment o the question or matter of difference, and igisn agreement IS reached between them, it shall be reduced to writing in the form of a protocol, and shall be communicated to the Commissioners, who shall take such further proceedings as may be necessary to carry out such agreement. Airncuz IX. ¤¤f¤r•¤¤~¤l mmm The Hi h Contractin Parties further a e that- an other ues- °°°°°°°°‘ tions or rgiatters of diigerence arising betglein them iirivolvingl the rights, obligations, or interests of either in relation to the other or to the inhabitants of the other, along the common frontier between the United States and the Dominion of Canada, shall be referred from time to time to the International Joint Commission for examinatidn and report, whenever either the Government of the United States or the Government of the Dominion of Canada shall request that such questions or matters of difference be so referred. · lysvvmbv C¤¤¤¤¤*¤· The International_ Joint Commission is authorized in each case so referred to examine into and report upon the facts and circumstances of the particular questions and matters referred, together with such conclusions and recommendations as may be appropriate, subject, however, to any restrictions or exceptions which may be imposed with res t thereto by the terms of the reference. ¤¤¤¢¢¤*¤v<¤¤- éiigh reports of the Commission shall not be regarded as decisions of the uestions or matters so submitted either on the facts or the law, and shall in no way have the character of an arbitral award. w§;g>¤¤=¤¤¤ af re- The Commission shall make a joint report to both Governments in all cases in which all or a majority of the Commissioners agree. and in case of disagreement the minority may make a joint report tolboth Governments, or separate reports to their res five Governments. m'*°•° °°°*¤*°¤¤- In case the Commission is evenly dividedmiipon any question or matter referred to it for report, separate reports shall be made by the Commissioners on each side to the1r own Government.
