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<br />, <br /> <br />'. <br />.. <br />., <br /> <br />"One of the critics af the treaty in Mexico, Lie. Esquivel <br />Obregoil, president of the Academy of Jurisprudence and Legislatian, <br />offered seven reservations. Reservation No. 5 read as fallaws: <br />"The United States undertake that the waters <br />delivered to Mexico from the Colarado River shall <br />satisfy, as to chemical composition, the indispens- <br />able requirements for agricultural use, so that the <br />lands which receive them may use them (Excelsiar, <br />August 9, 1945).' <br />"Replying to this demand for a reservation, Ing. Orive <br />Alba said: <br />'That was covered in the treaty when it spake <br />af waters for irriqation. No. one wauld be able to. <br />siqr. a treaty to. qive or receive waters af bad quality <br />beca!-,se both parties wauld suffer damaqe therefrom <br />(Excelsior, August 10, 1945).' <br />"Lic. Ernesto Enriquez, the eminent internatianal lawyer, <br />said, with respect to. this reservation an quality af water, that <br />he wanted it noted that the treaty said plainly that they must <br />!Je waters useful far agriculture (El Nacianal, August 11, 1945). <br />"The reservation was never vated upon." <br /> <br />The Ely report of the Mexican praceedings an the treaty wauld at <br /> <br />first glunce seems to indicate a real conflict as to the canstruction each party <br /> <br />placed an the qU3lity problem. Indeed, Mr. Ely seems to. intend to. convey such <br /> <br />impressian for he quotes the Tipton explanatian an quality where he admitted <br /> <br />that under the lE!lms of.J.bi'Ureqty J{)~:l5i.cQ.J!i.9lJld_hav_e_ta_take_the_water_ ~ <br /> <br />irrespective af quality. Mr. E1y daes nat quote Mr. Tiptan's statement fram <br /> <br />page 342 af the Hearings which reads: <br /> <br />"Senator, yau are assuming that this water is nat usable. I <br />am not assuming that it will not be usable, and neither <br />were the Mexican negotiatars. I think yau are making an <br />assumption which is not true. II <br /> <br />Interestingly, Mr. Ely neglected also to. quote the very next paragraph <br /> <br />of Mr. Alba's statement which indicates rather clearly that the Mexican <br /> <br />B 52 <br />