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<br />
<br />M("slcan Inlerpretations o( the Waler
<br />Treaty
<br />
<br />EXTENSION OF REMARKS
<br />0'
<br />
<br />HON. HARRY R, SHEPPARD
<br />
<br />()PCA~"L\
<br />IN' TIlE HOUSE OF REPREaENTAnvE5
<br />Tue$da.y, Not'ember 6, 1945
<br />Mr. SHEPPARD. Mr. Speaker, when
<br />the water treaty with Mexico was before
<br />the senate for ratitlcalion, the State De.
<br />partment nt'gotlators told the Senate
<br />Commlttt'e on Foreign Relallons that,
<br />with resPt'Ct to the Colorado River, the
<br />treaty oblIgated Mexico to acct-pt water
<br />regardless or quality, en'n though It
<br />might be.so salty as to be unusable: and
<br />that the so-called extraordinary drought
<br />clause or the treaty would relieve the
<br />United States from turnishing the guar-
<br />anteed quantity at 1,500.000 acre-feet
<br />per year H the drought occurred In any
<br />portion of the basin In the Unltf'd States
<br />and resulted in the curtallrnent of u.~age,
<br />and that it would not hll.\'e to occur sl.
<br />multaneousl)' in all portions of the ba.5ln
<br />to entitle Us to relIef.
<br />There has recently been brought to my
<br />attention thl' interpretation given to the
<br />Mexican Senate by the Mexican nego-
<br />tiators of the treaty on these same two
<br />points, among otht"fS. Their Interpre-
<br />tation Is exactly opposite to that given
<br />the Senate by our State Department. A$
<br />to Quailty of water, the Mexican nego-
<br />tiators reported that the water must be
<br />of good Quality for irrigation, of the same
<br />qua1Jty as that del1v("(ed to American
<br />projects. As to extraordinary drought.
<br />the Mexicans reported:
<br />'I1:Ie a.mount guaranteed to Mulco can onl7
<br />be reduced In caae~ or e>;tre-me drougbt and
<br />01117 If tbat utraDr'dlnary drought ~llOUld
<br />brlng about the reduction or llll con=mp-
<br />Uons 10 the Vnlted States.
<br />These. among others, were exactly the
<br />ambiguities which oppont"nts of the
<br />treaty pointed out during debll.tt". Now
<br />that these ambiguities have bf'('o so defi-
<br />nitely e.~tabllsbed. certainly In the In-
<br />terests of proper relations with our
<br />neighbor, Mexico. and Ul obviate future
<br />misunderstandings or bitterness which
<br />might come from forced arbitration. and
<br />also so that the people of our Colorado
<br />River Basin States may know definitely
<br />the burdens whJeh the)' must assume,
<br />under the treaty. the Stale Department
<br />is under the drtpest obligation to re-
<br />move them by eXChange of notes before
<br />the trest). is made effective by exchange
<br />of rstiflcaUom. and certainly before thl.s
<br />House appropriates mane)' 10 Implement
<br />the treaty. .4. deficiency bill containing
<br />mone)' for this purpose Is before the
<br />HOUH~ ,.\pproprlatlons Committee at thIs
<br />moment.
<br />
<br />Appe11:dix
<br />
<br />For the Information or ihe Members.
<br />as more will be heard of \.his gra\'e mat-
<br />ter In the near future, I am placing In
<br />the RECORD a full translat10n of the text
<br />of the report to tht" Mexican Senate by
<br />Enidneer Adolto Orl\'e Alba. executive
<br />chairman of the National IrrIgation
<br />Commission ot Mexico,
<br />The statements of Engineer Adolfo
<br />Orlve Alba are taken from a prepared
<br />re(Xlrt which he submitted to the For-
<br />eign Relations Committee of the Mex-
<br />lean Senate on July 31, 1945. This com-
<br />mlttee was, at the Ume, holding hear-
<br />Ings on the water treaty wltb the United
<br />States concerning the ColoradO and
<br />TIjuana Rl\'ers and the Rio Grande,
<br />which had been ratified by the United
<br />Slales Senate,
<br />Engineer Adolfo Orlve Alba Is execu-
<br />tive chairman of the National Irrigation
<br />Commission of Mexico. This Commis-
<br />sion is under the Department of Agrlcul.
<br />ture and Development and Is In charge
<br />or all Irrigation and reclamation work
<br />in Mexico. It corres(Xlnds in Mexico to
<br />the Bureau of Reclamation in tht' United
<br />States and Englnl"f."r Drive Alba holds a
<br />posltlon corresponding to that of Mr,
<br />Harry Bashore, Commissioner of the
<br />Bureau of Reclamation.
<br />Engineer Orive Alba has bt"cn In chance
<br />of Irrigation works on both the Rio
<br />Grande and ColoradO R!vers, He speakS
<br />from Intimate knowledge of both rivers
<br />and his ~tatement Is made officlall)' In
<br />hls capacity of exccutl~'e chairman,
<br />Morem'cr, he wa..~ one of the ne!l'otfal.ors
<br />of the Treaty which gives his interpre-
<br />tations and statements even greater
<br />weight.. He closes hls report with this
<br />statl'ment:
<br />The abQn oanalderatlona nach the con-
<br />dusKm that tbe c,n,aty tochnlcall7 I.s ~ne-
<br />t1Clal tor the COUDtrJ. lUld 1 exp~ tbia In
<br />the name or the National Inlgatlon Com-
<br />mlsalon IUld aa a participant, in my {'hll.fac_
<br />ter at Uecutl\'"8 ('halrman, In tbe technical
<br />8ipeett; of Its nf'gOtiaUon.
<br />This brings Ul Ught the different atti-
<br />tude of the Mexican GovernmE'nt from
<br />that ot our Government In the treaty
<br />negotiations, It Is evident that Mexico
<br />recognized the value of IncludIng the
<br />executh'e chairman of Its National Irri-
<br />gation Commission a.s a participant In
<br />tN'aty negotiations in order to secure
<br />the detail knowledge whJch lhe Commis-
<br />sion had acqwrl"d relative Ul the rivers
<br />in question. On the other hand. our
<br />State Department dId not eHm consult
<br />Commissioner Bashore during the nego.
<br />t1atlons much less ha\'e him participate
<br />In those negotiations. Commissioner
<br />Bashore testitled that he knew nothing
<br />of tt.e treaty prior to Its being signl'd
<br />In Febcuar)' 19014 and that he had ne\'er
<br />been consulted by our State Departmf'nt
<br />In regard to It.
<br />The full text of Er.gineer Orh'e Alba's
<br />sta~ement Is as follows:
<br />
<br />IFrom E1 UnlvenaJ, 1.Ic"lco City. or AURust
<br />1.194$1
<br />THE W~Tlll< Tau.T1' 0.. THI: C~DQ RlvP.
<br />AND RIO OJ:.AIfD1<" FAVOas Malco
<br />ElIgl.neet MoHo Orlve Alba. u~Uve
<br />chairman ot irrigation, made a 'lI.-eU_roundl'd
<br />derenM! of that document before u... Senate.
<br />In tbe el<pQl!ltlon which Engineer Adolro
<br />Orh'e Alb.... necutlve chairman of the Na-
<br />tIonal Inlgatloll Commlaslon, made y~ter-
<br />day before the Foreign Relation. Committee
<br />of tbe Senate. on the Inu-rnaUool\1 Water
<br />Treaty rece-nUy ..lgned by Mnlco and the
<br />Unlled States. that olllelal. with ohvlous
<br />knowledge ot hili IUbJect, maintained that
<br />the ananRemenla mlldc b..lwl"'n t.ll.e t...o
<br />Oo\'emmenta not onl7 O1prlt the ratll\cllUon
<br />or tne Mexican Senate, but repr""..nt vl\1u-
<br />able adv.nt"fl.... for the Nation.
<br />He deatroyed on.. by one the chll.rge~ and
<br />obJection. ...hlch have been tonnulated
<br />against ....Id agreeme-nt. m.king a dOCU-
<br />mented ~tud7 beto.e the Senawn ot the
<br />chancels of the Colorlldo River and RIO
<br />Orande. of their COUr8ell through AmerlC"1l
<br />and Mulea.. terrll.ory. lUld or the condltlonl
<br />ullder whl..h the wate-ra 01 tbe two rlTers
<br />...ere and .UII aT'" "oed, without the be'n- .
<br />t1cW provllllol1ll ...hlch the l.ntematlonal
<br />trUlY ee;tabUo.he. aUbJe<:t to ratlfic.tlon.
<br />Concrel"ly, the uecutln chairman of the
<br />National rrrlRatlon CommlAlilon affirmed that
<br />the IUulmum ~lblllUu of areaJIlnlgated
<br />....lthout the ueaty would reach at the blgh.....t
<br />to 360.000 h....tar..s. tbat !.s. that tb.. concrete
<br />advantage WhIch MUlOO obtalna wtth that
<br />Internatlonal lrultrument Ia that of COUnting
<br />on a \'olume ot water .umclellt to trrlj:ato
<br />445,000 hl'Ct.aru (1,000.000 il.Clelll more than
<br />It could Irrigate wlthout the approval or
<br />e:IJ.st,mce of the t.naty.
<br />TtIe up08ltion of the ne.:utl\'e chairman
<br />of the Natlonal CommWlon or Irrigation
<br />con9tltUtf'a, without dOubt, a hl.6torleal doc_
<br />ument which dIMlpat.." any daubt or lI;Ul;-
<br />plclon which might have an5f'n regarding
<br />thelnte.natlon.latr1lngementlllonth.....ater.
<br />of the Colora<lo and Rio Orllnde Rlver~. and
<br />punctually, as It hu great IroportaDce. ....
<br />transcl1be It below JUllt a9 Engtneer OI'1ve
<br />Albs rHd It. IntclTUptlng hlJ! ,"djJ>~ only
<br />In order to make It more expllcU wUh clarl~
<br />tlClLUona made all mapa :md l'lll<<t'arrus
<br />tastenM to Ihe waJ.1B" wblch \he "'etl1\tor...
<br />d",puUeI. and the public In general eould
<br />conaultf~17.
<br />
<br />&t...nlolDl'T or &NClNa;ll. APOU'O 0Iuvt: AUlA
<br />E1u:=IYJ: CIU,laloUJf or THJ: NaTIONAL lRlU~
<br />G'" TlON COloI..t5lll0N I
<br />flONotABL& Si".NUO&s: I am hlgh17 graktul
<br />for the kind Invitation ...hlch you have g,"..n
<br />In.. for ap~rinc at tblS round table. both
<br />tn ray charac~r 8.3 e,,","un challman of
<br />the National Inlgallon 'Commlulon and In
<br />that of partlC"ipllnt. ....itb thllt cateSOl")'. In
<br />tbc negotlation of the 1ft'lIty.
<br />The heated coo'mentarl" "'hleb thls
<br />treaty llaJI aroused. tbp importanC"l! that the
<br />Senate haa. given It In ll.& ~tudy and th!.ll
<br />dcnwcratlc form of dl:&cUSllr.g It before )'ou.
<br />are undoubtedly not exaggcrlHed, because the
<br />'The worda and tl.~urea endOMod In paren-
<br />theses. e. g., "445.000 hc..I....... 11.100.000
<br />acres)" IInd also the supplement table fol_
<br />10....lng tabte 1 ...e Irllerpo.llltlol1ll of United
<br />S~.tes eqUlvlIl~nts of qua.ntiUelI upr_d In
<br />Mexican unlLl.
<br />
<br />P.5105
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