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29 c Co\) ~ .... not complain if we did pump water and put it in the river, and they had to use it f Mr. Tipton. No, sir. Senator McFarland. It would still be water? Mr. Tipton. That is eorreeU' We think the real intent of the parties is expressed not by the above but in testimony which is set forth in the follow- ing section. Yet it is to be recognized that the above views were expressed during the hearings to the effect that, to be chargeable under the treaty, water need only arrive at the boundary. c. Qualify Corresponding to That of Lower Users in :the United States . While we have just mentioned several passages in the heerings which tend to indicate that the obligation of the United States could be satisfied by the delivery of water of any kind, there is other testimony which clearly indicates that if the United States is to deliver water of poor quality to Mexico it will result because users on the American side are also using waters of correspondingly lower quality. Senator Millikin. This whole subject of salinity, it seems to me, is rather long term and somewhat imag- inative. But let us assume that we have reaehed a day when we in the upper basin are using and reusing waters which later pass to the lower basin and again are used and reused; and let us assume that those waters reach the border in a highly saline condition. We will be affected by that just the same as Mexico, will we notf Mr. Wallace. Certainly. Senator Millikin. Could we possibly give Mexico a guaranty that would not be available to ourselves f Mr. Wallace. It hardly seems SO.46 . 41'S Hearings, pt. 2, at 323. It is notable that later in dobate Senator Me. Farland appeared to recede from the view that pumped water was deliverable under the treaty when he stated: if [W]c arc going to give her exactly what we are entitled to in the lower-basin States, that is: the water which comes from the upper-basin States." 91 Congo Ree. 3308 (19'45). 46 Hearings, pt. 5, at 1537. '\