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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 />~~""'"P":"~""':~"1,...,~--., !T',,"~I'"'~"_';'~'-'.-_-~""--" "~-,'-"'-' -o",V ""'-"":"-".".,,.~-~,..--,.,,,.--~...,........ <br /> <br />-". <br /> <br /> <br />14 <br /> <br />,.Q <br />,,,..c.. <br />'w <br />N <br /> <br />. <br /> <br />two countries desired to obtain the most complete and <br />satisfactory utilization of the waters of these international <br />streams. The preamble, of course, is not a source of treaty <br />rights but may be resorted to in construing other pro- <br />visions of a treaty. From the preamble, therefore, it is <br />certainly arguahle that the delivery as treaty water of <br />highly saline groundwater conflicts with the expressed <br />desire of the parties to obtain the most complete and satis- <br />factory utilization of the waters of the Colorado River." <br /> <br />Considering the provisions of the treaty, therefore, it <br />is clear there is no provision requiring that waters de- <br />livered to Mexico be of any particular quality. On the <br />contrary, Articles 10 and 11 provide that delivered waters <br />may be "from any and all sources" and" whatever their <br />origin." These phrases per se are broad enough to allow <br />the delivery of Wellton-Mohawk groundwaters to Mexico <br />in satisfaction of the treaty obligation of the United States. <br />It may be argued from the preamble that the delivery of <br />, such groundwaters conflicts with the general desires of the <br />parties in concluding the treaty and that, accordingly, <br />the above-stated phrases should be given more limited <br />scope. It appears to us, however, that the preamble is <br />too broadly stated to give this argument genuine per- <br />suasiveness. <br /> <br />. <br /> <br />21 Another argument that may bo made is that the 1944. treaty recognized <br />the right of Mexico to participate in the benefits of the Colorado lliver system <br />and that, accordingly, Mexico is entitled, except for return flow waters, to <br />waters which the Colorado River system l,V'Ould naturally deliver. In other <br />words, it appears from other treaty provisions that the 1944 treaty was con~ <br />sidered to be a determination of the rights of two neighboring countries in <br />the waters of an ~ntcrnational stream, not a mero grant of water by the <br />United States. In this regard, Article 10 provides for the delivery of addi- <br />tional waters of the Colorado River system beyond the guaranteed allotment <br />in the event a surplus exists in any year. On the other hand, Article 10 also <br />indicates that Mexico shall participate in the negative contingencies occurring <br />on the Colorado. River s;.rstem, providing that in the event of extraordinary <br />drought Or serious ace.ident to tho irrigation system irt tho United States, <br />water allQtted to Mexico will be redueed in tho same proportion as consumptive <br />uses in the United States. <br /> <br />
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