WSP00291 - Laserfiche WebLink

Home Browse Search

T "Camment: Whether the treaty requires Mexico to accept Calarada River water, regardless af quality, was a question on which witnesses most pasitively and emphatically differed. Hence the treaty provisians are nat stated with certainty. Cantroversy is sure to arise when develapment in the United States relegates mast of Mexico's quota to. the class af highly saline return flow. To. deal fairly with Mexico., and avoid bitter cantroversies, the interpretation insisted upon by the American negotiatars must be made clear beyand all question by adding the wards 'regardless of quality.'" 9. On page 1799 there appears a letter fram Senator Downey to Senator Jahnsan af Califarnia which deals with Senator Downey's pasition an the quality questian in the fallawing language: "Our afficial representatives have repeatedly and dogmatically expressed themselves that it is the clear understanding af the treaty as evidenced by written memoranda and personal canversations, that Mexico is entirely willing to credit upon her allacation (what- ever that may be) all seepage, drainage, and return flow from the United States up to. the full extent af her allowance. It has been just as dagmatically stated that under the treaty and under the arrangement made with Mexico that the Mexican Gavernment is obligated to take such return-flaw water hawever saline it may be even thaugh it is so heavily impregnated with salts as to. be entirely nanusable. It is my own apinian that when water beCOlllf'S scarce there will be in excess of 1,500,000 acre-feet af return f lQYi. _aj: Jl:le_!y1g~1.c::~n_b9r:d_ecallP. thgLs_u_c_h_\y'a.1er~il.l~_s9_h_e.a;cily saturated with salts as to. be of little value for irrigation purposes. "If Mexico. desires to. contract for return flow that may be sa heavily saline as to be practically nonusable, !, of course, can make no. obj ection to that, but if the United States in the future is gaing to. place so harsh an interpretation an the treaty as pro- posed by the State Department, the language leading to. such con- clusion should be sa plain as to. admit of no. argument ar accusation of dishanarable conduct, Shauld this language nat be made mast plain, I have no. doubt that any caurt af internatianal arbitratian wauld decide that Mexico would be entitled to. a large am aunt af fresh water to. 'sweeten up' the saline return flaw which she wauld be receiving. This might easily result in a court finding that Mexico wauld be entitled to. an amaunt of water the effective- ness af which would be based upan the present salinity of Lake Mead. Such a conclusion wauld have far-reaching and injuriaus effects upan aur abligation to. Mexico. thereafter." B 30