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WSP11122
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Last modified
1/26/2010 3:16:12 PM
Creation date
10/12/2006 4:44:08 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8271.300
Description
Colorado River Basin Salinity Control Program - General Information and Publications-Reports
Basin
Colorado Mainstem
Water Division
5
Date
1/1/3000
Title
OPINION - Colorado River Salinity Problem - Submitted to His Excellency - Honorable Antonio Carillo Flores - Ambassador of Mexico
Water Supply Pro - Doc Type
Report/Study
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<br />Q <br />W <br />CJ1 <br />00 <br /> <br />. <br /> <br />. <br /> <br />40 <br /> <br />I <br />I: <br /> <br />view of the treaty is substautiated by the numerous state- <br />ments in hearings and in debate in the Senate indicating <br />that Mexico was to receive water which has just been used <br />for irrigation purposes in the United States. <br /> <br />If interpretation of the 1944 treaty with respect to the <br />question whether the United States should receive credit <br />for groundwaters or" high salinity emanating from the <br />Wellton-Mohawk project were presented to an international <br />tribunal, it is well established that, unless the matter is <br />clear beyond dispute from the terms of the treaty, such a <br />tribunal would inquire into the intention of the parties. <br />In this regard, international tribunals have referred to the <br />preamble of a treaty in considering the intention of the <br />parties.oo <br /> <br />Additionally, two other rules of interpretation at times <br />utilized by international tribunals in the construction of <br />treaties seem appropriate with regard to the present situa- <br />tion. It is said to be a rule of construction that where a <br />provision of a treaty admits of ambiguity, the provision <br />should be strictly construed against the party for whose <br /> <br />I <br />I <br />: <br /> <br />tiOll operations on the Wallton-Mohawk Project plus accretions to the aquifer <br />under the project from underground sources and flows in the Gila River.'1 <br />The panel further recommended that aU groundwater sl1oul(l be delivered <br />a.s troaty water when "the quality of wator produced from the aquifer <br />reasonahly approaches the quality of water from deep percolation from irriga- <br />tion operations on the Wollton-Mohawk Project." <br /> <br />W 0 think it was not contemplated that the United States would be credited <br />with water which had percolatc(l beneath tho audace and which was there- <br />after artificially extracted where clclivery or such waters materially in. <br />ereases the salinity or waters delivered at the boundary above that of the <br />last users in the United States. Accordingly, the guide shoul<lnot be quality <br />of water whieh percolates beneath the surfaco due to irrigation operations <br />but instead quality of water after being useel in normal irrigation operations. <br /> <br />00 E.g., Interpretation of the 1919 Convention Concerning Employment of <br />Women During the Night, III Hudson, World Court R.cports. (1932-35) 99, <br />107; The Kronprins Gustaf Adolph (Sweden/U.S.A.), II U.N. R.cp. lnt'l <br />Arb. Awards 1241, 12-56'; Pajzs, Csaky, Estorhazy Case, 8 Ann. Dig. of <br />Public International Law Cases (1935-37) 452. See V Hackworth, Digest <br />of International Law 245, and c-a..ses there cited. <br /> <br />__..,.~~-~.~.~_~~~_m,__._-T~<---'- ,." ~. <br /> <br />----.~-~,...--"~-_.<---~""'"';'!'" <br /> <br />
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