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<br />0,' <br />w <br />, , <br />~ <br /> <br />13 <br /> <br />the committee insists there is no responsibility or require' <br />ment on the part of the United States to assure that water <br />entering Mexico is of any particular quality. "'D <br /> <br />Other' provisions of the' treaty provide no illumination <br />directly or indirectly 'as to the quality of waters which are <br />to be delivered to Mexico. Article 1(11) 'providos a <br />definition of the term "return flow" as follows: "'Return <br />flow' means that portion of diverted water that eventually <br />finds it'way baek to the source from which it was divert~d." <br />We think that by the terms of this definition as well as by <br />the understanding of "rcturn flow" which was brought out <br />in the Senate hearings,2D groundwaters artificially extracted <br />from the Weilton-Mohawk division cannot properly be con- <br />sidered "return flow." In discussing the question of <br />quality insofar as the actual provisions of the treaty are <br />concerned, however, we do not consider that the definition <br />of return flow is relevant since that term is not to be found <br />in Part III of the treaty which deals with the Colorado <br />River. <br /> <br />The preamble to the treaty notes that the two conntries <br />were animated by a sineere spirit of cordiality and coopera~ <br />tion and were aware that the Treaty of Guadalupe Hidalgo <br />of 1848 regulates the waters of the Rio Grande and the <br />Colorado River for the purposes of navigation only. The <br />preamble then notes: <br /> <br />" [C] on side ring that the utilization of these waters for <br />other purposes is desirable in the interest of both <br />,countries, and desiring, moreover, to fix and delimit <br />the rights of the two conn tries with respect to the <br />waters of [the three rivers], in order to obtain the <br />most complete and satisfactory utilization thereof; <br />, have resolved to conclude a treaty . . ',' ' <br /> <br />While cOlltaining no reference to the, matter ,of quality, <br />the preamble indicates that in concluding the treaty the <br /> <br />-. <br /> <br />. <br /> <br />" 'D,S. Rep. NQ. 2178, 87thCDng., 2d S..., 35 (1962)., <br /> <br />20 Infra, pp. 38, 41, 42. <br /> <br />,J;'_ . I,' <br /> <br />-.-.--.,...~~.,~.~~_.~--,--~-."..."._~_..~_.~-"- -'~~-""""""':'~-'-:--'''''''-':-~'-'~''--'''''' . <br /> <br />" "~'i '"',~ ~.,,~ <br /> <br />