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<br />(.'.",g3r) <br />W;"-QJ ... <br /> <br />4 <br /> <br />5. The alloc :ltion is in violation of th" Boulder <br />Canyon r roject Act, y,'ilieh s peei fically restri eted <br />lts benefits t.n t,np lI1!lt,:,d .StH.te~. <br /> <br />A. The treaty calls for th" cunstruction of jjavis Dam <br />and for the use of part of its capacity, not the capacity <br />of Boulder, to regulate Iftexico I s water. Furthermore, 1 t must be <br />borne in mind that in dealings between t~~o !lations an ex parte <br />statement of the one as to what c0nstitutes its l'ights and <br />obligations, C'lDnot be considereu as binding upon the other. <br /> <br />6. The power eo"tt'actors i1ave undertaken to p"y <br />the cost of Boulder Dam; the treaty allocation <br />may injure tile power capacity at Boulder. <br /> <br />A. The very purpose of Davis Dam and reservoir is <br />to re-regulate waters released from Boulder for <br />power purposes. This will improve rather than impair the interests <br />of the power contractors. <br /> <br />7. The treaty contemplates construction of <br />diversion ~nd protective works, the feasibi11ty <br />of which has not been established. <br /> <br />A. U"der the terms of the proposed treaty, if j,lexico's <br />d1version st"'lcture is to be located in the limitrophe <br />section of the river, the location thereof and the plans therefor <br />are s'llilject to the approval of the Commission, which ineans that <br />the A.merlcan Section exercises ~ veto power. <br /> <br />Treaty 01' no treaty, ),'exico could construct such a ciiversiqn <br />structure below the lower boundary without cons'lltat10Cl wi th the <br />United States. lInc.er the terms of the treaty, however, the t.~o <br />natIons obligate themselves to construct, at Uexico's expense, <br />protective works both in the United States and liexico, regardless <br />of where the diversion structure is to be locate<i. <br /> <br />The treaty provides assurances that no such works will <br />be built until the feas~hility thereof has been established to the <br />satisfaction of the enB'ineers of both countries. <br />