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001945 Treaty Between the United States of America and Mexico Signed at Washington February 3, 1944 and Protocol Signed at Washington November 14, 1944 Ratification advised by the Senate of the United States of America April 18, 1945, subject to certain understandings Ratified by the President of the United States of America November I, 1945, subject to said understandings Ratified by Mexico October 16, 1945 Ratifications exchanged at Washington November 8, 1945 Proclaimed by the President of the United States of America November 27, 1945, subject to said understandings Effective November 8, 1945 ******************************.**********.********..**********.*********-* The Government of the United States of America and the Government of the United Mexican States: animated by the sincere spirit of cordiality and friendly cooperation which happily governs the relations between them; taking into account the fact that Articles VI and VII of the Treaty of Peace, Friendship and Limits between the United States of America and the United Mexican States signed at Guadalupe Hidalgo on February 2, 1848, and Article IV of the boundary treaty between the two countries signed at the City of Mexico December 30, 1853 regulate the use oHhe waters of the Rio Grande (Rio Bravo) and the Colorado River for purposes of navigation only; considering that the utilization of these waters for other proposes is desirable in the interest of both countries, and desiring, moreover, to fix and delimit the rights of the two countries with respect to the waters of the Colorado and Tijuana Rivers, and of the Rio Grande (Rio Bravo) from Fort Quitman, Texas, United States of America, to the Gulf of Mexico, in order to obtain the most complete and satisfactory utilization thereof, have resolved to conclude a treaty and for this purpose have named as their plenipotentiaries; The President of the United States of America: Cordell Hull, Secretary of State of the United States of America, George S. Messersmith, Ambassador Extraordinary and Plenipotentiary of the United States of America in Mexico, and Lawrence M. Lawson, United States Commissioner, International Boundary Commission, United States and Mexico; and. The President of the United Mexican States: Francisco Castillo Najera, Ambassador Extraordinary and Plenipotentiary of the United Mexican States in Washington, and Rafael Fernandez MacGregor, Mexican Commissioner, International Boundary Commission, United States and Mexico; who, having communicated to each other their respective Full Powers and having found them in good and due form, have agreed upon the following: I -Preliminary Provisions Article 1 For the purposes of this Treaty it shall be understood that: (a) "The United States" means the United States of America. (b) "Mexico" means the United Mexican States. (c) "The Commission" means the International Boundary and Water Commission, United States. and Mexico, as described in Article 2 oHhis Treaty. (d) "To divert" means the deliberate act of taking water from any channel in order to convey it elsewhere for storage, or to utilize it for domestic, agricultural, stockraising or indnstrial purposes whether this be done by means of dams across the channel, partition weirs, lateral intakes, pumps or any other methods. (e) "Point of diversion" means the place where the act of diverting the water is effected. (1) "Conservation capacity ofstorage reservoirs" means that part of their total capacity devoted to holding and conserving the water for disposal thereof as and when required, that is. capacity additional to that provided for silt retention and flood control. (g) "Flood discharges spills" means the voluntary or involuntary discharge of water for flood control as distinguished from releases for other purposes. (h) "Return flow" means that Portion of diverted water that eventuaUy finds it way back to the source from which it was diverted. (i) "Release" means the deliberate discharge of stored water for conveyance elsewhere or for direct utilization. (j) "Consumptive use'''' means the use of water by evaporation, plant transpiration or other manner whereby the water is consumed and does not return to its source of supply. In general it is measured by the amount of water diverted less the part thereof which returns to the stream. (k) "Lowest major international dam or reservoir" means the major international dam or reservoir situated farthest downstream. (I) "Highest major international dam or reservoir" means the major international dam or reservoir situated farthest upstream. Article 2 The International Boundary Commission established pursuant to the provisions of the Convention between the United States and Mexico signed in Washington March I, 1889 to facilitate the carrying out of the principles contained in the Treaty of November 12, 1884 and to avoid difficulties occasioned by reason of the changes which take place in the beds of