WSPC12517

• File Number: 8282.400
• Description: Colorado River Operations and Accounting - Deliveries to Mexico
• State: CO
• Basin: Colorado Mainstem
• Water Division: 5
• Date: 1/1/3000
• Author: Unknown
• Title: Excerpts From and Comments On Treaty Between the USA and Mexico - RE-Colorado River-Mexican Delta Issues - Includes Entire Treaty - Treaty Signed 11-14-44 - Comment Date Unknown
• Water Supply Pro - Doc Type: Report/Study

001955

works. Such functions or jurisdictions shall be exercised in conformity with the provisions of the Treaty and in cooperation
with the respective Section ofthe Commission, to the end that all international obligations and functions may be
coordinated and fulfilled.

The works to be constructed or used on or along the boundary, and these to be constructed or used exclusively for the
discharge of treaty stipulations, shall be under the jurisdiction of the Commission or of the respective Section, in
accordance with the provisions of the Treaty. In carrying out the construction of such works the Sections of the
Commission may utilize the services of public or private organizations in accordance with the laws of their respective
countries.

This Protocol, which shall be regarded as an integral part ofthe aforementioned Treaty signed in Washington on February
3, 1944, shall be ratified and the ratifications thereofshall be excbanged in Washington. Tbis Protocol shall be effective
beginning with the day ofthe entry into force ofthe Treaty and shall continue effective so long as the Treaty remains in
force. In witness whereof the respective Plenipotentiaries have signed this Protocol and have hereunto affixed their seals.
Done in duplicate, in the English and Spanish languages, in Washington, this fourteenth day of November, 1944. For the
Government of the United States of America:

E R Stettinius Jr [SEAL]

Acting Secretary of State

of the United States of America

For the Government ofthe United Mexican States:

F. Castillo Najera [SEAL]

Ambassador Extraordinary and Plenipotentiary

AND WHEREAS the Senate of the United States of America by their Resolution of April IS, 1945, two-thirds of the
Senators present concurring therein, did advise and consent to the ratification ofthe said treaty and protocol, subject to
certain understandings, the text of which Resolution is word for word as follows:

"Resolved (two-thirds ofthe Senators present concurring therein), That the Senate advise and consent to the ratification of
Executive A, Seventy-eighth Congress, second session, a treaty between the United States of America and the United
Mexican States, signed at Washington on February 3, 1944, relating to the utilization of the waters of the Colorado and
Tijuana Rivers and of the Rio Grande from Fort Quitman, Texas, to the Gulf of Mexico, and Executive H, Seventy-eighth
Congress, second session, a protocol, signed at Washington on November 14, 1944, supplementary to the treaty, subject to
the following understandings, and that these understandings will be mentioned in the ratification of this treaty as
conveying the true meaning of the treaty, and will in effect form a part ofthe treaty: "(a) That no commitment for works
to be built by the United States in whole or in part at its expense, or for expenditures by the United States, other than those
specifically provided for in the treaty, shall be made by the Secretary of State ofthe United States, the Commissioner of the
United States Section ofthe International Boundary and Water Commission, the United States Section ofsaid
Commission, or any other officer or employee ofthe United States, without prior approval ofthe Congress ofthe United
States. It is understood that the works to be built by the United States, in whole or in part at its expense, and the
expenditures by the United States, which are specifically provided for in the treaty, are as follows:

"I. The joint construction of the three storage and flood-control dams on the Rio Grande below Fort Quitman, Texas,
mentioned in article 5 ofthe treaty.
"2. The dams and other joint works required for the diversion of the flow of the Rio Grande mentioned in subparagraph II
of article 5 of the treaty, it being understood that the commitment of the United States to make expenditures under this
subparagraph is limited to its share of the cost of one dam and works appurtenant thereto.
"3. Stream-gaging stations which may be required under the provisions of section (j) of article 9 ofthe treaty and of
subparagraph (d) of article 12 of the treaty.
"4. The Davis Dam and Reservoir mentioned in subparagraph (b) of article 12 of the treaty.
"5. The joint flood-control investigations, preparation of plans, and reports on the Rio Grande below Fort Quitman
required by the provisions of article 6 of the treaty.
"6. The joint flood-control investigations, preparations of plans, and reports on the lower Colorado River between the
Imperial Dam and the Gulf of California required by article 13 of the treaty.
"7. The joint investigations, preparation of plans, and reports on the establishment of hydroelectric plants at the
international dams on the Rio Grande below Fort Quitman provided for by article 7 of the treaty.
"S. The studies, investigations, preparation of plans, recommendations, reports, and other matters dealing with the
Tijuana River system provided for by the first paragraph (including the numbered subparagraphs) of article 16 of the
treaty.

"(b) Insofar as they affect persons and property in the territorial limits of the United States, the powers and functions of
the Secretary of State of the United States, the Commissioner of the United States Section of the International Boundary
and Water Commission, the United States Section of said Commission, and any other officer or employee of the United
States, shall be subject to the statutory and constitutional controls and processes. Nothing contained in the treaty or
protocol shall be construed as impairing the power of the Congress ofthe United States to define the terms of office of
members of the United States Section of the International Boundary mid Water Commission or to provide for their
appointment by the president by and with the advice and consent of the Senate or otherwise.
"(c) That nothing contained in the treaty or protocol shall be construed as authorizing the Secretary of State of the United
States, the Commissioner of the United States Section of the International Boundary and Water Commission, or the
United States Section of said Commission, directly or indirectly to alter or control the distribution of water to users within
the territorial limits of any of the individual States.
"(d) That 'international dam or reservoir' means a data or reservoir built across the common boundary between the two
countries.