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<br />.' <br /> <br />.., <br /> <br />"(bl Quantity.--Article 10 (al and article 10 (b) of the treaty <br />are independent paragraphs. They contain no cross-references. <br />By article 10 (a) there is allotted to Mexico 'a guaranteed annual <br />quantity of 1,500,000 acre-feet,' the right to which is in no w1 se <br />dependent upon use. By article 10 (b) there are allotted to Mexico <br />'any other quantities arriving at the Mexican points of diversion.' <br />Necessarily, these 'oLher quantities' are in addition to the 1,500,000 <br />acre-feet guaranteed by article 10 (al. Paragraph 10 (b), clearly <br />referring to these 'other quantities' closes with the statement: <br />'Mexico shall acquire no right beyond that provided <br />by this subparagraph by the use of the waters of the Colo- <br />rado River System, for any purpose whatsoever, in excess <br />of 1,500,000 acre-feet annually.' <br />"It has been argued with great force and reason that the water <br />acquired by guaranty under article 10 (a) and that authorized to be <br />acquired by use under 10 (b) are independent and cumulative amounts. <br />The members of the committee joining in this report believe that the <br />quantity of water allotted to Mexico should be unmistakably stated." <br /> <br />As in previous Appendices we shall set forth the presentation of the proponents, <br /> <br />then that of the opponents followed by rebuttal of the proponents as developed in the <br /> <br />Hearings on the treaty before the Senate Committee on Foreign Relations. <br /> <br />(Note: Until otherwise indicated all page references hereinafter <br />noted shall be to the Hearings before the Committee on Foreign <br />Relations, United States Senate, 79th Congress, 1 st Session, on <br />Treaty with Mexico Relating to the Utilization of the Waters of <br />certain Rivers.) <br /> <br />At the time the treaLY was being negotiated and considered by the Senate, <br /> <br />there was a considerable volume of water passing the boundary and flowing unused <br /> <br />into the Gulf of California. The need for the Treaty was set forth by Secretary of <br /> <br />State Stettinius in his statement to the Committee sLarting on page 19 of the Hearings: <br /> <br />"3. On the Colorado, development in the United States and <br />in Mexico has been proceeding at a rapid rate. With an average <br />of over 7,000,000 acre-feet of water now wasting annually through <br />Mexican territory into the Gulf of California, it is of the utmost <br />importance to both nations that there should be an allocation, once <br />and for all, of the waters of this stream, so that, on the one hand, <br /> <br />-6- <br />