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<br />001948
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<br />Government shaD pay half the cost of the construction, operation and maintenance of such plants, and the energy
<br />generated shaD be assigned to each country in like proportion.
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<br />Article 8
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<br />The two Governments recognize that both countries have a common interest in the conservation and storage of waters in
<br />the international reservoirs and in the maximum use of these structures for the purpose of obtaining the most beneficial,
<br />regular and constant use of the waters belonging to them. Accordingly, within the year foDowing the placing in operation of
<br />the first of the major international storage dams which is constructed, the Commission shall submit to each Government
<br />for its approval, regulations for the storage, conveyance and delivery of the waters of the Rio Grande (Rio Bravo) from
<br />Fort Quitman, Texas to the Gulf of Mexico. Such regulations may be modified, amended or supplemented when necessary
<br />by the Commission, subject to the approval of the two Governments. The foDowing general rules shall severally govern
<br />until modified or amended by agreement of the Commission, with the approval of the two Governments:
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<br />(a) Storage in all major international reservoirs above the lowest shall be maintained at the maximum possible water level,
<br />consistent with flood control, irrigation use and power requirements.
<br />(b) Inflows to each reservoir shall be credited to each country in accordance with the ownership of such inflows.
<br />(c) In any reservoir the ownership of water belonging to the country whose conservation capacity therein is filled, and in
<br />excess of that needed to keep it filled, shall pass to the other country to the extent that such country may have unfilled
<br />conservation capacity, except that one country may at its option temporarily use the conservation capacity of the other
<br />country not currently being used in any of the upper reservoirs; provided that in the event of flood discharge or spill
<br />occurring while one country is using the conservation capacity of the other, all of such flood discharge or spill shall be
<br />charged to the country using the other's. capacity, and all inflow shall be credited to the other country until the flood
<br />discharge or spill ceases or until the capacity of the other country becomes filled with its own water.
<br />(d) Reservoir losses shall be charged in proportion to the ownership of water in storage. Releases from any reservoir shall
<br />be charged to the country requesting them, except that releases for the generation of electrical energy, or other common
<br />purpose, shall be charged in proportion to the ownership of water in storage.
<br />(e) Flood discharges and spills from the upper reservoirs shall be divided in the same proportion as the ownership of the
<br />inflows occurring at the time of such flood discharges and spills, except as provided in subparagraph (c) of this Article.
<br />Flood discharges and spills from the lowest reservoir shaD be divided equally, except that one country, with the consent of
<br />the Commission, may use such part of the share of the other country as is not used by the latter country.
<br />(f) Either of the two countries may avail itself, whenever it so desires, of any water belonging to it and stored in the
<br />international reservoirs, provided that the water so taken is for direct beneficial use or for storage in other reservoirs. For
<br />this purpose the Commissioner of the respective country shall give appropriate notice to the Commission, which shall
<br />prescribe the proper measures for the opportune furnishing ofthe water.
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<br />Article 9
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<br />(a) The channel ofthe Rio Grande (Rio Bravo) may be used by either of the two countries to convey water belonging to it.
<br />(b) Either of the two countries may, at any point on the main channel ofthe river from Fort Quitman, Texas to the Gulf of
<br />Mexico, divert and use the water belonging to it and may for this purpose construct any necessary works. However, no
<br />such diversion or use, not existing on the date this Treaty enters into force, shall be permitted in either country, nor shall
<br />works be constructed for such purpose, until the Section of the Commission in whose country the diversion or use is
<br />proposed has made a finding that the water necessary for such diversion or use is available from the share of that country,
<br />unless the Commission has agreed to a greater diversion or use as provided by paragraph (d) of this Article. The proposed
<br />use and the plans for the diversion works to be constructed in connection therewith shall be previously made known to the
<br />Commission for its information.
<br />(c) Consumptive uses from the main stream and from the unmeasured tributaries below Fort Quitman shall be charged
<br />against the share of the country making them.
<br />(d) The Commission shall have the power to authorize either country to divert and use water not belonging entirely to such
<br />country, when the water belonging to the other country can be diverted and used without injury to the latter and can be
<br />replaced at some other point on the river.
<br />(e) The Commission shall have the power to authorize temporary diversion and use by one country of water belonging to
<br />the other, when the latter does not need it or is unable to use it, provided that such authorization or the use of such water
<br />shall not establish any right to continue to divert it (f) In case of the occurrence of an extraordinary drought in one
<br />country with an abundant supply of water in the other country, water stored in the international storage reservoirs and
<br />belonging to the country enjoying such abundant water supply may be with-drawn, with the consent of the Commission,
<br />for the use of the country undergoing the drought.
<br />(g) Each country shall have the right to divert from the main channel of the river any amount of water, including the water
<br />belonging to the other country, for the purpose of generating hydroelectric power, provided that such diversion causes no
<br />injury to the other country and does not interfere with the international generation of power and that the quantities not
<br />returning directly to the river are charged against the share of the country making the diversion. The feasibility of such
<br />diversions not existing on the date this Treaty enters into force shall be determined by the Commission, which shall also
<br />determine the amount of water consumed, such water to be charged against the country making the diversion.
<br />(h) In case either of the two countries shall construct works for diverting into the main channel of the Rio Grande (Rio
<br />Bravo) or its tributaries waters that do not at the time this Treaty enters into force contribute to the flow of the Rio Grande
<br />(Rio Bravo) such water shaD belong to the country making such diversion.
<br />(i) Main stream channel losses shall be charged in proportion to tbe ownership of water being conveyed in the channel at
<br />the times and places of the losses.
<br />(j) The Commission shall keep a record of the waters belonging to each country and of those that may be available at a
<br />given moment, taking into account the measurement of the allotments, the regulation of the waters in storage, the
<br />consumptive uses, the withdrawals, the diversions, and the losses. For this purpose the Commission shall construct,
<br />operate and maintain on the main channel ofthe Rio Grande (Rio Bravo), and each Section shall construct, operate and
<br />maintain on the measured tributaries in its own country, all the gaging stations and mechanical apparatus necessary for
<br />the purpose of making computations and of obtaining the necessary data for such record. The information with respect to
<br />the diversions and consumptive uses on the unmeasured tributaries shall be furnished to the Commission by the
<br />appropriate Section. The cost of construction of any new gaging stations located on the main channel of the Rio Grande
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