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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 />43 <br /> <br /><:> <br />Co;.) <br />en <br />.... <br /> <br />and the Colorado. If injurious effects are thereby caused <br />to Mexican users, it should be of no siguificance that acts <br />giving rise to such injury take place on a tributary rather <br />than the main stream of the Colorado River.'" <br /> <br />We have found no decision of an international tribunal <br />dealing with the precise question presented' here, viz., <br /> <br />. <br /> <br />86 In The Uses of the 'Vatcl'S of International Rivers, Comments Submitt.ed <br />to Committee of American Branch of tho International La.w Association on <br />First Report of the Committee on the Uses or the Waters of International <br />Rivers (Dubrovnik Conference 1956) 3, La-yUn states as follows with respect <br />to acts done all tributaries: <br /> <br />It is difficult to believe that, in dealing with acts which have an effect <br />upon a river at or beyond the point whore it becomes or crossos a bound- <br />ary, international law should distinguish between acts dono upstrenm <br />Oll ono branch merely bcca.use it is regarded as the main river and acts <br />done on another merely because it is considered to be a tributary. If <br />the effect of those acts canies as f.ar as the border, it is quite unim- <br />portant, in terms of eit.her tho justification that. may be offered by the <br />upper riparian or the injury inflicteel on the lower, whether the acts were <br />performed in the largor or in t.he lesser branch. Diversion of a. given <br />quantity of water from a tributary, or pollution of a tributary by a <br />given quant.ity of waste, will-other things being equal-serve the sarnO <br />beneficial purpose or the upper stn.t.e, and do the same harm to the lower, <br />as though the diversion or the pollution had occurred in the main river. <br /> <br />Laylill states a.lso that" In dealing with either diversion or pollution of the <br />waters of interstate rivers, the United States Supremo Court has made no <br />distinction between acts done on the main river a.nd acts done on a wholly <br />intrastate tributary. [Citing Missouri v. Illinois, 180 U.S. 208 (1901), 200 <br />U.S. 496 (1906); New Jersey v. New York, 283 U.S. 336 (1931); Nebrash, <br />v. Wyoming, 325 U.s. 589 (1945).]" Id. at 37. <br />Among f' Agreed Principles of International Law" adopted by the Inter; <br />national Law Association at its 1958 meeting in New York is tho following: <br /> <br />1. A system of rivers and lakes in a drainage basin should bo treated as <br />an integrated whole (and not piece-meal). <br /> <br />Report of the Forty-Eighth Conference, International Law Asa'n (New York <br />1958) viii. <br /> <br />Aa defined in the Colorado River Compact of 1922 which provided for the <br />equitable divisioll and apportionment of tho use of the waters of tho Colorado <br />Itiver between the states of Arir.ona, Oalifornia, Colo'rado, Nevada, New <br />Mexico, Utah and Wyoming, the term "Colorado River System" was con- <br />sidered to embrace 'all tributaries as is evident from the definition of that <br />term given in article II(a) of the Compact: "'l'he term 'Colorado' River <br />System' means that :portion of the Colorado River and its tributarioo _within <br />the United States of America." <br /> <br />. <br /> <br />L <br /> <br />
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