WSP00291

• File Number: 8278.400
• Description: Title I - Mexican Treaty
• Basin: Colorado Mainstem
• Date: 3/1/1962
• Author: IBWC
• Title: Mexican Water Treaty -Appendix B - Water Quality A Missing
• Water Supply Pro - Doc Type: Publication

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Article 11 contains the following language which bears on this

question:

"a. The United States shall deliver all waters allotted
to Mexico wherever these waters may arrive in the bed of the
limitrophe section of the Colorado River with the exceptions
hereinafter provided. Such waters shall be m,'lde up of the
waters of the said river, whatever their oriqin, subject to the
provisions of the following paragraphs of this Article."
(Emphasis ours)

(The "fC4llowing paragraphs" refer to the division of delivery
between the river and the All-American Canal) .

Attention is called to another factor which bears of this quality problem

indirectly at least. Article 15 of the treaty provides for the scheduling of the

water deliveries for Mexico. It is to be noted that there is fixed in this Article

certain minimum and maximum flow schedules which had to be maintained. As

we shall see the American negotiators claimed these schedules are fixed for

the very purpose of insuring credit to the United States for return flows from

the lower United States users. The schedule system would tend to lend

credence to the American negotiators claims that Mexico was bound to take

any available water which fit the delivery schedule.

Since we set for ourselves the task of setting forth the background of

this problem, we turn to the Hearings Before the Committee on Foreign Relations,

United States Senate, on "Treaty with Mexico Relating to the Utilization of the

V\iaters of Certain Rivers" (hereinafter cited as Hearings with page references)

to present the testimony of witnesses with reference to the quality problem. In

this way we should be able to see the information given the Committee which

serves as the foundation for the statements above quoted from the Report.

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