WSP11122

• 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

51

c:>
Co\)
0')
c.c

exist in international law with respect to the use of systems
of international waters and contained certain conclusions
bclieved to be principles of international law in accordance
with which an international tribunal would pronounce judg-
ment. Among other principles, the memorandum concluded:

3(a) A t'ipal'ian which proposes to mako; o'r allow, a
change in the existing regime of a system of inter-
national waters which could interfere with the realiza-
tion by a coriparian of its right to share on a just and
reasonable basis in the use and benefits of the system,
is under a duty to give the co riparian an opportunity
to object.

(b) If the coriparian, in good faith, objects and
demonstrates its willingness to reach a prompt and
just solution by the pacific means envisaged in article'
33(1) of the Oharter of the United Nations, a riparian
is undcr a duty to refrain from making, or allowing,
such change, pending agreement or other solution."

:1
it
,
,.
i.
, ~
I
I
. I
I
I
I
i
I
!l'
I
,
I

4. Conclusion

It seems clear that customary international law requires
a state to prevent its territory from being used to the in-
jury of another state. Authorities are few with respect
to the question of pollution. Relying upon the principle
of the Trail Smelter decision as well as principles set forth
in Suprcme Oourt cases concerning interstate disputes
among states of the United States, it is probable that a
state is responsible under international law for artificial
pollution of waters of an international stream which causes
substantial damage to lower riparians. It would thus
appcar that if the artificial introduction of highly saline
groundwater from the Wellton-Mohawk drainage program
were clearly shown to be responsible for substantial
damage to lands or crops in Mexico, an international
tribunal would declare such conduct to be in violation of
customary international law.

.

.. Id. at 90~91.

~-""",......,....~...,~-.-,.....-~ '."~- ~~.-^

'-';;'---'

'".', ~:\i ~--;:. ~,i~; '1

, T----.,~~-''';-',"-~w'''....y''':'7""''~_..,rr.,'.,,;:o;';;.,,:''?_''~t'''_~,. 0,",

f
t

,