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

001956

"(e) That the words 'international plants', appearing in article 19, mean only hydroelectric generating plants in connection
with dams huilt across the common boundary between the two countries.
"(t) That the words 'electric current', appearing in article 19, mean hydroelectric power generated at an international
plant.
"(g) That by the use of the words 'The jurisdiction of the Commission shall extend to the Iimitrophe parts of the Rio
Grande (Rio Bravo) and the Colorado River, to the land boundary between the two countries, and to works located upon
their common boundary * * *' in the first sentence of the fifth paragraph of article 2, is meant: 'The jurisdiction of the
Commission shan extend and be limited to the Iimitrophe parts of the Rio Grande (Rio Bravo) and the Colorado River, to
the land boundary between the two countries, and to works located upon their common boundary * * *.'
"h) The word 'agreements' whenever used in subparagraphs (a), (c), and (d) ofarticle 24 of the treaty shan refer only to
agreements entered into pursuant to and subject to the provisions and limitations of treaties in force between the United
tates of America and the United Mexican States.
"(i) The word 'disputes' in the second paragraph of article 2 shan have reference only to disputes between the
Governments of the United States of America and the United Mexican States.
"j) First, that the one million seven hundred thousand acre-feet specified in subparagraph (b) of article 10 includes and is
not in addition to the one million fIVe hundred thousand acre-feet, the delivery of which to Mexico is guaranteed in
subparagraph (a) of article 10; second, that the one million fIVe hundred thousand acre-feet specified in three places in said
subparagraph b) is identical with the one million five hundred thousand acre-feet specified in said subparagraph (a); third,
that any use by Mexico under said subparagraph b) of quantities of water arriving at the Mexican points of diversion in
excess of said one million fIVe hundred thousand acre-feet shan not give rise to any future claim of right by Mexico in
excess of said guaranteed quantity of one million fIVe hundred thousand acre-feet of water.
"k) The United States recognizes a duty to require that the protective structures to be constructed under article 12,
paragraph (a), of this treaty, are so constructed, operated, and maintained as to adequately prevent damage to property
and lands within the United States from the construction and operation of the diversion structure referred to in said
paragraph." AND WHEREAS the said treaty and protocol were duly ratified by the President of the United States of
America on November 1, 1945, in pursuance ofthe aforesaid advice and consent ofthe Senate and subject to the aforesaid
understandings on the part of the United States of America;

AND WHEREAS the said treaty and protocol were duly ratified by the President of the United Mexican States on October
16,1945, in pursuance and according to the terms ofa Decree of September 27,1945 of the Senate ofthe United Mexican
States approving the said treaty and protocol and approving the said understandings on the part of the United States of
America in an that refers to the rights Rod obligations between the parties;

AND WHEREAS it is provided in Article 28 of the said treaty that the treaty shall enter into force on the day ofthe
exchange of ratifications;

AND WHEREAS it is provided in the said protocol that the protocol shan be regarded as an integral part ofthe said treaty
and shan be effective beginning with the day of the entry into force of the said treaty;

AND WHEREAS the respective instruments of ratification of the said treaty and protocol were duly exchanged, and a
protocol of exchange of instruments of ratification was signed in the English and Spanish languages, by the respective
Plenipotentiaries of the United States of America and the United Mexican States on November 8,1945, the English text of
which protocol of exchange of instruments of ratification reads in pact as fonows:

"The ratification by the Government ofthe United States of America of the treaty and protocol aforesaid recites in their
entirety the understandings contained in the resolution of April 18, 1945 ofthe Senate ofthe United States of America
advising and consenting to ratification, the text of which resolution was communicated by the Government ofthe United
States of America to the Government ofthe United Mexican States. The ratification by the Government of the United
Mexican States of the treaty and protocol aforesaid is effected, in the terms of its instrument of ratification, in conformity
to the Decree of September 27,1945 ofthe Senate of the United Mexican States approving the treaty and protocol aforesaid
and approving also the aforesaid understandings on the part of the United States of America in an that refers to the rights
and obligations between both parties, and in which the Mexican Senate refrains from considering, because it is not
competent to pass judgment upon them, the provisions which relate exclusively to the internal application of the treaty
within the United States of America and by its own authorities, and which are included in the understandings set forth
under the letter (a) in its first part to the period preceding the words 'It is understood' and under the letters (b) and (c)."
NOW, THEREFORE, be it known that I, Harry S. Truman, President of the United States of America, do hereby
proclaim and make public the said treaty and the said protocol supplementary thereto, to the end that the same and every
article and clause thereof may be observed and fulfilled with good faith, on and from the eighth day of November, one
thousand nine hundred forty-five, by the United States of America and by the citizens of the United States of America and
all other
persons subject to the jurisdiction thereof.

IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be
affixed.
DONE at the city of Washington this twenty-seventh day of November in the year of our Lord one thousand nine hundred
forty-five and of the Independence of the United States of America the one hundred seventieth.

HARRY S TRUMAN

By the President:
James F Byrnes
Secretary of State