The Great Powers to guarantee Egypt's fair share of the Nile waters. For this purpose, it was decided that no new irrigation works should be undertaken on the Nile or its tributaries south of Wadi Halfa without the approval of a committee composed of three trustees, one representing Egypt, the second Sudan, and the third Uganda.

The Egyptian Delegation's Response The official delegation, in its response to Lord Curzon's proposal, stated that this proposal contained the principles that had been presented to us four months ago and which we had rejected. "As for the question of Sudan, which had not been addressed, we must draw attention to the fact that the relevant texts cannot be accepted by us. These texts do not guarantee Egypt the enjoyment of its undisputed sovereign rights over that country, nor its right to control the Nile waters."

In the Draft Constitution When H.E. Yahya Pasha submitted the draft constitution to His Majesty the King on April 19, 1923, he stated in his letter to His Majesty: "The two articles concerning Sudan were drafted in the form presented in the constitution based on the statement made by His Excellency the High Commissioner, that His Majesty the King of Great Britain has no intention whatsoever of disputing Egypt's rights in Sudan or its rights to the Nile waters." Article 159 of the constitution states: "The provisions of this constitution shall apply to the Egyptian monarchy without prejudice to the rights that Egypt possesses in Sudan." The original text was: "Sudan, although part of Egypt, shall not be governed except by a special system." Article 160 states: "The representative who shall represent the King of Egypt shall be appointed after the delegates have decided on the system of government in Sudan." The original text was: "The King of Egypt shall appoint the rulers of Egypt and Sudan."