Ralph W. Johnson, Effect of Existing Uses on the Equitable Apportionment of International Rivers I: An American View, 1 U. Brit. Colum. L. Rev. 389 (1960), https://digitalcommons.law.uw.edu/faculty-articles/455
University of British Columbia Law Review
In spite of the Boundary Waters Treaty of 1909, however, there are at least two reasons why our present topic is pertinent to the Columbia River question; first, there may be a question whether the 1909 treaty really does apply to this situation, and secondly, even if applicable the two countries may for a number of reasons desire not to rely upon its limited provisions for settlement. If the treaty is deemed not to be controlling, then other principles of international law become germane to the dispute, such as the question now before us.