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-., -.---.'---- --..--~-.--'"--.'--.-.,-~..- ....~-c'~"!'<rc~'" 36 Q (.I.) Co1' ~' which comes from the upper-basin States. We are going to give her the water of the river.54 . I , , I ; ~ , [: , ~j i: ~! Ii Ii , t: r f I r In I:: i' I', Ii ii " Ii I: I", H I', , " 'I: The testimony given during the Senate hearings and statements in debatei:q. the Senate which have been set forth do not indicate unanimous agreement as to the intent of the parties with regard to the matter of 'quality. As noted, several witnesses were of the view that any water which crosses the boundary would be credited as treaty water. Senator McFarland of Arizona, in questioning Mr. Tipton, consulting engineer present during the treaty nego- tiation, elicited an affirmative answer to a question inquir- ing whether the treaty would allow the delivery to Mexico as treaty water of water which had been pumped and put in the river to avoid waterlogging. On the other hand, testimony clearly indicates that the phrases "from any and all sources" and waters "whatever their origin" were inserted in the treaty by the United States to obtain credit for return flow waters, and with re- spect to return flow waters the testimony indicates that Mexico would receive waters which have just been used in the United States. We thinlc it may be inferred from the hearings and de- bates that the parties intended that the treaty should not grant Mexico water of a particular quality because of the possibility that the Colorado River would undergo a gen- eral deterioration. While there is some testimony pointing to an opposite conclusion, such as that contained in the col- loquy between Senator McFarland and Mr. Tipton, the burden of the testimony appears to support a conclusion that Mexico was to receive water which was being used by those in the lower basin in the United States, and that the most saline of the return flow would be water which had just been used in irrigation in the United States. .. 54 Ibid.