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<br />02;;,239 <br /> <br />32/Friedkin <br /> <br />creased level of salinity in the water received in the Mexicali <br />Valley. claiming a violation of international law. <br />The increase in salinity was caused principally by the <br />discharge to the Colorado River of 6,000 ppm waters from the <br />lITigation drain of the Wellton-Mohawk Irrigation. District in <br />Arizona. a project of the United States Bureau of Reclamation <br />that began operating in 1952. A reduction in total Colorado <br />River flows reaching Mexico in 1961 contributed to the in- <br />crease in salinity. The Wellton-Mohawk District drain enters <br />the river downstream of Imperial Dam but upstream of Mex- <br />ico's diversions. An extensive drainage system was constructed <br />for the District by the Bureau of Reclamation to relieve a water-' <br />logged condition that had developed from heavy irrigation of <br />the District lands for over ten years. Wells pump water from <br />the highly saline aquifer that underlays the District into col- <br />lector drains. The system maintains groundwater levels below <br />the root zones of crops so that groundwater does not impair <br />agricultural production. <br /> <br />The 1944 Water Treaty with Mexico <br />The 1944 Treaty provides that "[o]f the waters of the Col- <br />orado River, from any and all sources. there are allotted to <br />Mexico: (al A guaranteed annual quantity of 1.500.000 acre <br />feet..} in accordance with certain other provisions of the treaty. <br />The treaty is silent on water quality. In .hearings before the <br />United States Senate concerning ratification of the treaty. <br />California officials vigorously insisted that the absence of a <br />provision relating to the quality of lITigation return 'flows and <br />allowing them to be the source of deliveries to Mexico.under the <br />treaty could lead to objeetions from Mexico on water quality <br />grounds. In response. State Department representatives testi- <br />fied that water quality had been extensively discussed in the <br />negotiations with Mexico. and that the Mexican represen- <br />tatives understood that the treaty required that Mexico accept <br />irrigation return flows. They further testified that this under- <br />standing was incorporated by the provision in article 10 of the <br />treaty that said that Mexico's annual allotment of 1.5 million <br />acre-feet is "from any and all sources. . ."2. and a provision in <br />article 11 that "waters shall be made up of the waters of the said <br />liver. whatever their oligin . . ....3 ' <br />In 1942, the United States formed the "Committee of <br />Fourteen," comprised of two representatives of each of the <br />Colorado River Basin states. to advise the Department of State <br />on the states' concerns and their conditions for supporting any <br />agreement with Mexico allocating Colorado River water. The <br />water quality issue was partly responsible for California's <br />strong dissent and Nevada's abstention from the Committee's <br />