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<br />02630
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<br />2
<br />
<br />Tte C(;[ltracts. the compact, and v~ater suppl~r data ,1"re
<br />sut,iect to conflict-in!,; interpretations, ".I1(i the DeJ:"'J.rtment. is not
<br />; n ;{ !ln~it.i_n!1 iJI !,f;'5.)lv~:, t.hes~ .l.r:ter-.stc;:te :":'iff~::'eiJ.~cs. If thc::'c
<br />e.r~ adverse effects, t.hey will ;)robably not he felt until the Deriod
<br />oj' ultimate development i'l the U!'rited States, which seems many
<br />:,rears B:way ~ ~}el~haps as ffig,:\;r as 40 or 50" \';t'18n most oj' the indebtedness
<br />will i,robahly be ""lrGady liquIdated. What will occur after ultimate
<br />devel\)J.1I!lent in the U0.i ted States depends, of course, upon ITI-:i.llY
<br />factor's, some of '",hich can only be guessed at. However, tr1Bee is
<br />rescoeccable nellcral authority for the opinion that Calil'omia
<br />interests "rc unduly pessimistic abollt the results of the treaty as
<br />affect in:: her Llt.erest.
<br />
<br />3. J"exice Is not. equitably entJ.tIed t~ ;'Iore wo.ter
<br />than it used or could have used before the con-
<br />struction of boulder D~m, i.e., about 750,000
<br />ac ce feet.
<br />
<br />A. ~.:exico actually used ~ lHbAiiUum of appl~oximately
<br />764,000 acre feet in any one year prior to t.he
<br />placine in operation of BOlllder Darn in 1935. Opinions vary as
<br />to hoVl much v/ater she could have used unde~ nat.ural conditions
<br />prior to that tiIlle, but t.ile consensus of orinior, is that consIder-
<br />ably Illore than 750,000 acre feet might hi:<ve been beneflda11y
<br />used. Under the contract between California interests and the
<br />l.:exican IKlverruuent, ,:exico was e:1titled to the :.lse of' half of the
<br />nOli of the A.lamo Canal, which cB.r'l"'ied wc.ter through ~'1exico to
<br />supply lauds in Cali fo rnia. ?or the lO-year feriod prior to the
<br />placine irJ operation of Boulder Dalfi there was an aver8.i~e. diversion
<br />throuiOh the Alamo Canal in excess of 3,000,000 acre feet r,er )'ear. (1)
<br />The createst d iversiou In anyone year [Jrior to 1935 was 3,423,511
<br />acre feet in 1929. nlUS, If : :',,";:ican lands had been developed, and
<br />if Eexico h[td exercised her ~"if,ht to half of this flow, she could
<br />have used an averaiOe of more than 1,500,000 acre feet per year and
<br />a maximwn of 1,711,755 acre feet. Uexico Gontends that the develop-
<br />,"e~t of beneficial uses In that country was impeded by economic,
<br />rather than by physical, factors during the years preceding 1935.
<br />Be that ,:;.s it rnay, since it is consc-H"vativel.r estimated t.hat, uncier
<br />ultimate conditions 01' development in the United Sta~es, approximately
<br />half of lCexico I s allocation v,ill consi at. of return flOl< and v;aste
<br />water", :'.-!exico will not be assured under the treaty ruore prima.ry Y~ater
<br />than sile had actllPJ.ly used uncier natur"l c ondi tions, that is, prior
<br />
<br />(1) See Table I attached.
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