WSP11122 - Laserfiche WebLink

Home Browse Search

11 o W N ct:l Part One I. RIGHTS OF MEXICO A. UNDER THE 1944 TREATY The 1944 treaty allots to Mexico an annual quantity of 1,500,000 acre-feet of the watcrs of the Colorado River from any and all sources. The treaty, however, contains no reference to the quality of waters to be delivered. In these circumstances the question is presented whether the United States should receive credit for the highly saline groundwater discharged from the Wellton - Mohawk division. Because the treaty does not specifically refer to the matter of quality, whether 01' not Mexico is entitled to 1,500,000 acre-feet of ;"'ater of a particular quality may be determinable from other provisions of the treaty. Since the matter of quality is not precisely set forth, we think it is also necessary to examine the intent and understanding of the parties as may be manifested by diplomatic cor- respondence leading up to the treaty and by the hearings and debates in the Senate leading to ratification. .. . I. Provisions of the Trsaty Article 10 of the treaty provides in part: Of the waters of the Colorado River, from any and all sources, there arc allotted to Mexico: (a) A guaranteed annual quantity of 1,500,000 acre-feet (1,850,234,000 cubic meters) to be delivered in accordance with the provisions of Article 15, of this Treaty. (b) Any other quantities arriving at the Mexican points of diversion, with the understanding that in any year in which, as determined by the United States Section, there exists a surplus of waters of the Colorado River in excess of the amount neces- sary to supply uses in the United States and the guaranteed quantity of 1,500,000 acre-feet (1,850,- 234,000 cubic meters) annually to Mexico, the United States undertakes to deliver to Mexico, in the ~....w.-.--.~....,-_'_'_~"~__'_ .->,'-.- -~---'-'~~',~"""':T~r-~.