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<br />000372 <br /> <br />DRAFT-Not for distribution <br /> <br />73 U.S. Constitution, Art II, S 2, Cl. 2. When asked at the Mexicali Symposium whether <br />amendment of the water allocation provisions of the 1944 Treaty would require congressional <br />action, U.S. and Mexican representatives responded differently; <br /> <br />MARY BRANDT (U.S. State Department): Under United States law, it would require an <br />amendment to the 1944 Water Treaty to alter the water allocation. That would mean that we <br />would have to do a treaty that would be subject to the advice and consent of the United States <br />Senate. <br /> <br />JAIME PALAFOX (Private practice Mexican attorney); With regards to the Mexican side, if <br />there are any adjustments, if the treaty has to be amended, that has to go through the Mexican <br />Senate. <br /> <br />JOSE DE JESUS LUEV ANO GRANO (CILA); I think that here we have different <br />interpretations with regards to the concept that exists of reciprocal consulting. So, the <br />commitment to do reciprocal consulting when there is going to be a change or a new water <br />development between the two countries hasn't been interpreted the same by both parties. <br /> <br />Oral Statements, Mexicali Symposium, September 11, 2001. <br /> <br />74 I.C.J. September 25, 1997. See arguments for contrary outcome in Preiss, Erika L., "The <br />International Obligation to Conduct and Environmental Impact Assessment: the IC] Case <br />Concerning the Gabcikovo-Nagymaros Project," 7 New York University Environmental Law <br />Journal 307, 341 (1999). <br /> <br />. 75 Interpretation of treaties should take into account, the context in which they were put in place; <br />any subsequent agreement between the parties regarding the interpretation of the treaty or its <br />application; any subsequent practice in the application of the treaty which establishes the <br />agreement of the parties regarding its interpretation; any relevant rules of international law <br />applicable to the relations between the parties. Vienna Convention on the Law of Treaties, <br />Article 31,13. Recourse may also be had to supplementary means of interpretation, including <br />the preparatory work of the treaty and the circumstances of its conclusion, in order to confirm the <br />meaning resulting from the application of Article 31, or the application of that article leaves the <br />meaning ambiguous or obscure or leads to a manifestly absurd or unreasonable result. Article 32. <br /> <br />76 Mexican Water Treaty, Article 20, paragraph 3. <br /> <br />77 Subterranean and surface waste, or "tail," waters of both agricultural and municipal uses <br />incidentally serve environmental purposes, as does Colorado River water which may from time <br />to time be beyond agricultural or municipal control and therefore is not diverted from the <br />Colorado River at Morelos Dam in Mexico. <br /> <br />78 United Nations Convention on the Law ofthe Non-navigational Uses ofInternational <br />Watercourses, 36 ILM 700 (1997) http://www.international waterlaw.orglIntDocs <br />/Watercourse Conv.htm. The United States is not a signatory to the U.N. Convention. <br /> <br />31 <br />