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l J ~j I , o ~ . .... :1 l I . . 23 were increasing it was feared that the quality of return flow water would progressively deteriorate and testimony at the hearings indicated that it had been the view that the United States should not be responsible because of ulti- mate conditions on the river." R. J. Tipton, an authori- tative witness who had been present during negotiation of the treaty as a consulting engineer, set forth this position during the hearings; Senator Downey. Suppose the terms of this treaty were embodied in a water compact between some com- pany selling water and a water user, and the same language were used, applying, so far as you think it applies, to the quality of water; do yon think that un- der that language the seller of water could make the 88 In favor of ratification, Fred E. Wilson of the New Mexico Interstate Streams Commission testified as follows: Senator Downey. Well, Judge Wilson, if, looking allCad to ultimato development in the river, to the retul'll flow wo may expect, and to tho salinity resulting, there is a probability-we will assume there is a probability-that that water will be so saline as to be largely valueless, do you not think that if we 'arc going to rely upon the fact that Mexico must take that, we ought to spell it out in plain language, so that Mexico will be obligated to take return fi{)w and socpage--to take this wator generally-however saline or nonusable it may bet Mr. Wilson. I do not think it would be t() the advnntage of tho United States to spell it out if you want ,a treaty. Senator Downey. Judge Wilson, is tho implication from that remark that if wo say to Mexico ill this treaty what we arc saying here in this room, Mexico probably would not take the tr6"atyi Mr. Wilson. Well, what I mean, Senator, is that if you spell it out and use aU those words you used about tho bad quality of the water, umI made her agree that she was going to- take it, I think that would be unnceessa,ry. As I see the salinity question, it is a question in other places besides thoso in this treaty. For instance, take between Texas and New Mexico. Down in 'l'exas tho water- is very salty and is getting morc so an the time. But that is a problem that, so far as I know, nobody has yet solved. Certahlly the United States caunot take the position or accept the responsibility for tho incrcas.cd salinity in tho water in the years that go by; otherwise, it would take all of tho water away eventually for the lower user. Hearings, pt. 5, at 1588.