"Article II. reserves to the signatories and to the State and provincial Governments exclusive control over the use, diversion, &c., of such waters in their territory as flow into the boundary waters or across the frontier. Any inhabitant of either country injured by the use of this privilege will be entitled to the legal remedies he would have if he were a native of the defendant country. The contracting parties, however, reserve the right of objection whenever navigation on their own side of the boundary is imperilled by any diversion of water across it. "Articles III. and IV. provide that no works shall be undertaken on either side of the line, if such works would be likely to affect the level of the waters on the other side, without agreement between the contracting parties and the sanction of the Joint Commission. Pollution of the waters is also forbidden. "Article V., which relates to the diversion of the waters of Niagara, the control of the level of Lake Erie, and the flow of the Niagara River, has a clause which states that it is the desire of both parties to accomplish these objects with the least possible injury to the investments which have already been made in the construction of power plants on the United States side of the Niagara River under grants of authority from the State of New York, and on the Canadian side of the river under licenses authorized by the Dominion of Canada and the Province of Ontario. {72} "Article VI. apportions the uses of the St. Mary’s and Milk rivers and their tributaries in the west. "Article VII. provides for the creation of an International Joint Commission, consisting of three representatives of Canada and three of the United States. "Article VIII. provides that the Commission shall have jurisdiction over, and shall decide all cases involving, the waterways where, under articles III. and IV., their approval is required, and gives principles for their guidance. The contracting parties are to have equal and similar rights. The uses of the water are to be considered in the following order:—First, domestic and sanitary purposes; secondly, purposes of navigation; third, purposes of power and irrigation. The Commission is invested with some discretion with regard to departure from the principle of equal division, &c. In case of a tie vote each Commissioner is to make a separate report to his Government; whereupon the two Governments shall attempt to reach an agreement.