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WSP11122
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Last modified
1/26/2010 3:16:12 PM
Creation date
10/12/2006 4:44:08 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8271.300
Description
Colorado River Basin Salinity Control Program - General Information and Publications-Reports
Basin
Colorado Mainstem
Water Division
5
Date
1/1/3000
Title
OPINION - Colorado River Salinity Problem - Submitted to His Excellency - Honorable Antonio Carillo Flores - Ambassador of Mexico
Water Supply Pro - Doc Type
Report/Study
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<br />Q <br />Co\) <br />Co\) <br />Q <br /> <br />. <br /> <br />. <br /> <br />12 <br /> <br />I <br /> <br />manner set out in Article 15 of this Treaty, addi- <br />tional waters of the Colorado River system to pro- <br />vide a total quantity not to exceed 1,700,000 acre- <br />feet (2,096,931,000 cubic meters) a year. Mexico <br />shall acquire no right beyond that provided by this <br />subparagraph by the use of the waters of the <br />Colorado River system, for any purpose whatsoever, <br />in excess of 1,500,000 acre-feet (1,850,234,000 cubic <br />meters) annually. <br /> <br />Article 10 is thus an allocation of waters of the Colorado <br />River from any and all sources. And Article 10(b) <br />indicates that in the event of a surplus" additional waters <br />of the Colorado River system" may be delivered to Mexico. <br /> <br />Concerning place of delivery, Article 11 (a) provides: <br /> <br />The United States shall deliver all waters ,allotted <br />to Mexico wherever these waters may arrive in the bed <br />of the limitrophc section of the Colorado River, with <br />the exceptions hereinafter provided. Such waters <br />shall be made up of the waters of the said river, what.. <br />ever their origin, subject to the provisions, of the <br />following paragraphs of this Article. <br /> <br />Article 11 (a) thus indieates that waters to be delivered <br />shall be made up of the waters of the said river" whatever <br />their origin." These provisions of the treaty, therefore, <br />indicate that while an allotment is made to Mexico of <br />"waters of the Colorado River," the waters may be "from <br />any and all sources" and" whatever their origin." If the <br />broadest interpretation is given these phrases, it seems <br />clear that the United States may satisfy its treaty obliga- <br />tion to Mexico by the delivery of any water which finds its <br />way into the river at the boundary. In authorizing funds <br />for the recent study of the Bureau of ReclamatIon, the <br />Appropriations Committee of the United States Senate <br />took this view, stating: "[U]nder the treaty of 1944 water <br />delivered to Mexico in the Colorado River is to be 'from <br />any and all sources' and is to be 'made up of the waters <br />of 'the' said, river, whatever their origin;' and therefore <br />:i:; <br /> <br />" _, "'<NV":"'r~....-;'''''''"''"--''-' -",,,,-,,t . .~,.~~ .-,... '-'_~ ~~_,'_~_''T''''"_'~' .,> -- __-"H__-~-~-'_'''''_''C'._,__'''-' '--~':,",5""""~"'" ;_<; -,<' <br /> <br />,'._.,f'.>\" <br /> <br />
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