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<br />. <br /> <br />Middle of P. 34l to top of P. 342: <br /> <br />"SENATOR DOV1NEY. Returning to the question of any <br />implied guaranty in the treaty that water shall be of <br />sufficient quality to be available for irrigation, I <br />suppose that you formed your opinion merely from the <br />language of the treaty itself, without regard to those <br />conversations and exchanges between the two Governments <br />that you have spoken of. Would you still be of the <br />opinion that from the language of the treaty itself a <br />court or an international arbitration tribunal would not <br />hold that Mexico was entitled to water that was fit for <br />irrigation purposes? <br /> <br />MR. TIPTON. That is my unqualified opinion, Senator, <br />because the language of the treaty resulted from these <br />conversations that you mention, and the language of the <br />treaty was just as plain as it was possible to make it, <br />and in my unqualified opinion the language of the treaty <br />is such that Mexico could not ask for more water than <br />1,500,000 acre-feet for any purpose whatsoever. <br /> <br />SENATOR DOWNEY. You do not think that just adding <br />three simple words, "regardless of quality", would have <br />made it any plainer? <br /> <br />MR. TIPTON. The language of the treaty is perfectly <br />plain. <br /> <br />SENATOR DOWNEY. Now, Mr. Tipton, you say that if the <br />treaty had included the expression, "regardless of qual- <br />ity", that might perhaps have prevented the Mexican <br />Senate from ratifying the treaty? <br /> <br />MR. TIPTON. The ones in the Mexican Senate are not <br />so conversant with the situation on the river as those <br />who negotiated the treaty. Those who negotiated the <br />treaty understood fully what they were doing. They under- <br />stand fully what the condition might be ultimately, while <br />those in the Senate might not be conversant with that <br />condition. The language in the treaty is plain and it <br />means one thing, and one thing only, and the ones who <br />negotiated this treaty for Mexico understand it. They <br />also understand about what the quality might be under <br />ul timate conditions. I.n other words, there was no ten- <br />dency on the part of the United States negotiators to <br /> <br />-31- <br />