WSP09503

• File Number: 8278.400
• Description: Title I - Mexican Treaty
• Basin: Colorado Mainstem
• Date: 5/10/1962
• Author: CWCB - D. Hamburg
• Title: Mexican Water Treaty Negotiations Pertaining to the Colorado River
• Water Supply Pro - Doc Type: Publication

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3. Those opposing the Treaty argued that control of
those specific issues to be submitted in each case to
the Board of Arbitrators was retained by the united
States Senate under its reservation to the Treaty of
1929, which reservation is quoted above. They in-
sisted that under this reservation the United states
could nullify the Treaty by refusing to make the
special agreement. Those in favor of the Treaty
argued that there would be an obligation to arbitrate
and that the United States Senate could not avoid or
evade such obligation by a refusal to make the requi-
site special agreement.

4. Those opposing the ratification of the Treaty argued
that the physical factors surrounding the Colorado
River made it impossible for Mexico to get any advan-
tage from arbitration under the existing Treaty and
international law. They argued basically that Mexico
is dependent on the works located within the United
States and entirely owned by American interests; hence
they say the fear that Mexico may expand her acreage
under irrigation without the consent and cooperation
of the United States is without foundation. Those in
favor of the Treaty argued that the facilities con-
structed in the United States so changed the regimen
of the stream as to enable Mexico to divert more water
and that the Mexicans would then build an economy on
this greater amount of water which, if submitted to
an arbitration board, that board would make an award
on the basis of the lands under irrigation at that
time. They also argued that an arbitration board
would certainly not destroy existing Mexican economic
development and civilization based thereon.

QUOTATIONS FROM SENATE COMMITTEE ON FOREIGN RELATIONS
CONCERNING RETURN FLOWS TO MEXICO

The problem concerning the United States today deals
with return flows from the We 11 ton-Mohawk Project in the State
of Arizona and obtaining credits under the Treaty for these re-
turn flows. The Mexicans contend that the return flows are of
such quality that they are unusable.

It should be noted that this exact problem was foreseen
in 1945 during the hearings before the Senate Committee on Foreign
Relations on the Mexican Treaty. I have reviewed the testimony

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