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<br />15 <br /> <br />Q <br />tt.) <br />w <br />w <br /> <br />2. Diplomalic Correspondence <br /> <br />In attempting to arrive at the intention of the parties to <br />a treaty where that intention is not clearly and uneqbivo- <br />cally set forth in the treaty itself, it is appropriate to refer <br />to diplomatic correspondence lcading up to thc treaty." <br />Documents eontaining' diplomatic eorrespondenco between <br />the United States and Mexico have becn made publicly <br />available by the Department of State only through the <br />year 1942. Sinee the treaty was formulated in conferences <br />beginning in September 1943 and extending to December <br />1943, and was thereafter signed on February 3, 1944, it is <br />probable that there exist other exchanges of correspond- <br />ence than those to be mentioned as well as memoranda <br />exchanged by the negotiators which are not now available <br />to us from the Department of State. It is possible that <br />such other correspondence and memoranda may be in- <br />structive in determining the understanding of the parties <br />concerning the nature of water to be delivered. Accord- <br />ingly, this portion of our opinion is probably based on less <br />than all of the pertinent diplomatic correspondence and <br />memoranda between the two countries setting forth various <br />positions in the course of concluding the treaty. <br /> <br />In 1939 an attempt was made to resume discussions <br />between Mexico and the United States concerning the use <br />of waters of the Colorado River and the lower Rio Grande." <br /> <br />. <br /> <br />22 Nielsen v', Johnson, 279 U.S. 47 (1929). <br /> <br />. <br /> <br />23 Negotiations between the two countries concerning division of the waters <br />of the Colorado River had been carried on without success in 1929, In 19.24. <br />Congress approved the establishment of an International Water Commission <br />to cooperate with representatives of Mexico in .a study concerning equitable <br />uses of waters of tho Rio Grande below Fort Quitman. 43 Stat. 118 (1924). <br />(The waters of the Rio Grande above Fort Quitman had already been the <br />subject of a treaty concluded in 1906). <br />Mexico declared it was unwilling to discuss the Rio Grando unles8 tho <br />Colorado River were simultaneously discussed. Oongress thereupon extended <br />the scope of the study so as to include tho Colorado River and indicated that <br />the purpose of the study wa.s to secure information on which to conclude a <br />irea.ty with Maxieo relative to the use of tho waters of the two rivers. 44 <br /> <br />~,,,,,~~~~----,.----,'""'--'"~""'~'--"- <br /> <br />