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<br />I <br />!i <br /> <br />o <br />Co.) <br />. <br />w <br /> <br />.. <br /> <br />. <br /> <br /> <br />t <br /> <br />25 <br /> <br />From the above testimony it appears that the phrase in <br />Article 10 allotting to Mexico waters of the Colorado River <br />"from any and all sources" was inserted by the United <br />States to insure that credit would be given for return flow <br />even though these waters were poor in quality due to pro- <br />gressive deterioration resulting from increased uses on the <br />river. It appears from the hearings that this was also the <br />understanding of the Mexican negotiators as is evident <br />from the following colloquy: <br /> <br />Senator Downey. Now, Mr. Tipton, you say that if <br />the treaty had included the expression, "regardless of <br />quality," that might perhaps have prevented the Mex- <br />ican Senate from ratifying the treaty1 <br />Mr. Tipton. The ones in the Mexican Senate are not <br />so conversant with the situation on the river as those <br />who negotiated the treaty. 1'h08e who negotiated the' <br />treaty understood fnlly what they were doing. They <br />understand fully what the condition might be ulti- <br />mately, while those in the Senate might not be con- <br />versant with that condition. The language in the treaty <br />is plain and it means one thing, and one thing only, <br />and the ones who negotiated this treaty for Mexico <br />understand it. They also understand about what the <br />quality might be under ultimate conditions. In other <br />words, there was no tendency on the part of the United <br />States negotiators to work out something that was bad <br />for Mexico, and Mexico'8 negotiators, on the other <br />hand, knew plainly what they were doing, and the lan- <br />guage was agreed to with one purpose in mind, and <br />they understand it.40 <br /> <br />Testimony at the hearings, therefore, indicates that the <br />United States did not wish to guarantee the quality of <br /> <br />40 Hen,rings, pt. 2, at 341-42. (Emphasis added.) . WilHam R. Wallace, <br />President of the Utah State Water Usors Association, testifying in favor <br />of the treaty, stated: I' There is no. question about the fact-and I would <br />like to. insist upon this-that I talked with Mexican people and talked with <br />all the people concerned in tllis thing. They know (mucUy what they want. <br />. They know th-u.t that water will not be excessively salty fOol' many, ma,uy <br />yearB; and when wo dilute with the water whieh we have agreed to. deliver <br />through the All.American Canal, the water will be usable." Hearings, pt. 5, <br />at 1535. <br /> <br />-""'....,-_.-,...._.''':---~':;''':\~t i' <br /> <br />;;,~ <br /> <br />