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<br />VI -Transitory Provisions
<br />
<br />Article 26
<br />
<br />During a period of eight years from the date of the entry into force of this Treaty, or until the beginning of operation of the
<br />lowest major international reservoir on the Rio Grande (Rio Bravo), should it be placed in operation prior to the
<br />expiration of said period, Mexico will cooperate with the United States to relieve, in times of drought, any lack of water
<br />needed to irrigate the lands now under irrigation in the lower Rio Grande Valley in the United States, and for this purpose
<br />Mexico will release water from EI Azucar reservoir on the San Juan River Rod allow that water to run through its system
<br />of canals back into the San Juan River in order that the United States may divert such water from the Rio Grande (Rio
<br />Bravo). Such releases shall be made on condition that they do not affect the Mexican irrigation system, provided that
<br />Mexico shall, in any event, except in cases of extraordinary drought or serious accident to its hydraulic works, release and
<br />make available to the United States for its use the quantities requested, under the following conditions: that during the said
<br />eight years there shall be made available a total of 160,000 acre-feet (197,358,000 cubic meters) and up to 40,000 acre-feet
<br />(49,340,000 cubic meters) in anyone year; that the water shall be made available as requested at rates not exceeding 750
<br />cubic feet (21.2 cubic meters) per second; that when the rates of flow requested and made available have been more than
<br />500 cubic feet (14.2 cubic meters) per second the period of release shall not extend beyond fifteen consecutive days; Rod
<br />that at least thirty days must elapse between any two periods of release during which rates of flow in excess of 500 cubic
<br />feet (14.2 cubic meters) per second have been requested and made available. In addition to the guaranteed flow, Mexico
<br />shall release from EI Azucar reservoir and conduct through its canal system and the San Juan River, for use in the United
<br />States during periods of drought and after satisfying the needs of Mexican users, any excess water that does not in the
<br />opinion of the Mexican Section have to be stored and that may be needed for the irrigation of leads which were under
<br />irrigation during the year 1943 in the Lower Rio Grande Valley in the United States.
<br />
<br />Article 27
<br />
<br />The provisions of Article 10, 11, and 15 of this Treaty shall not be applied during a period offive years from the date of the
<br />entry into form of this Treaty, or until the Davis data and the major Mexican diversion structure on the Colorado River us
<br />placed in operation, should these works be placed in operation prior to the expiration of said period. In the meantime
<br />Mexico may construct and operate at its expense a temporary diversion structure in the bed ofthe Colorado River in
<br />territory of the United States for the purpose of diverting water into the Alamo Canal, provided that the plans for such
<br />structure and the construction and operation thereofshall be subject to the approval of the United States Section. During
<br />this period of time the United States will make available in the river at such diversion structure river flow not currently
<br />required in the United States, and the United States will cooperate with Mexico to the end that the latter may satisfy its
<br />irrigation requirements within the limits of those requirements for lands irrigated in Mexico from the Colorado River
<br />during the year 1943.
<br />
<br />VII - Final Provisions
<br />
<br />Article 28
<br />
<br />This Treaty shall be ratified and the ratifications thereof shall be exchanged in Washington. It shall enter into force on the
<br />day of the exchange of ratifications and shall continue in force until terminated hy mother Treaty concluded for that
<br />purpose between the two Governments. In witness whereof the respective Plenipotentiaries have signed this Treaty and
<br />have hereunto affixed their seals. Done in duplicate in the English and Spanish languages, in Washington on this third day
<br />of February, 1944. For the Government of the United States of America:
<br />
<br />Cordell Hull [SEAL]
<br />
<br />George S. Messersmith [SEAL]
<br />
<br />Laurence M. Lawson [SEAL]
<br />
<br />For the Government of the United Mexican States:
<br />
<br />F. Castillo Najera [SEAL]
<br />
<br />Rafael Fernandez MacGregor [SEAL]
<br />
<br />Protocol
<br />
<br />The Government of the United States of America and the Government of the United Mexican States agree and understand
<br />that: Wherever, by virtue of the provisions of the Treaty between the United States of America and the United Mexican
<br />States, signed in Washington on February 3,1944, relating to the utilization ofthe waters of the Colorado and Tijuana
<br />Rivers and of the Rio Grande from Fort Qnitman, Texas, to the Gulf of Mexico, specific functions are imposed on, or
<br />exclusive jurisdiction is vested in, either ofthe Sections of the International Boundary and Water Commission, which
<br />involve the construction or use of works for storage or conveyance of water, flood control, stream gaging, or for any other
<br />purpose, which are situated wholly within the territory ofthe country of that Section, and which are to be used only partly
<br />for the performance of treaty provisions, such jurisdiction shall be exercised, and such functions, including the
<br />construction, operation and maintenance of the said works, shall be performed and carried out by the Federal agencies of
<br />tbat country which now or hereafter may be authorized by domestic law to construct, or to operate and maintain, such
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