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<br /> <br />'" <br /> <br />. <br />..-N. <br />;,i?r~.. <br /> <br />:"~:;"" <br /> <br />.'," <br /> <br />. :.,;;~,.:. <br />','\";' , <br /> <br /> <br />, .' <br /> <br />,"'! <br /> <br />"',, <br /> <br />~ <br /> <br />j <br /> <br />. "".," <br /> <br />~.. ; <br /> <br />14 <br /> <br />MEXICAN WATER TREATY <br /> <br />IJ?c/i"' Orive Alba, chairman of the National IrrigllJ,ion Commission; <br />testIfied: . . <br />With respect to the possibility that the waters of the Colorado River which <br />are delivered to us'may be of poor quality, because they contain dissolved salts, <br />we are able to. affirm, based on reasons of legal and teohnical nature, that fortu- <br />nately such a danger does not exist. In the official report to the Senate that the <br />National Irrigation Commission is terminating, this theme will be considered <br />more fully, in order to do away with any doubt that may be had in this respect, <br />It is not within the purpose and the time set for this report to do it as fully as is <br />necessary, but we may point out at least the following reasons: <br />(a) The negotiations of the treaty on the part of the American delegation arid <br />later its approval by the American Senate were made by taking as a fundamental <br />basis the official document called the Santa Fe agreement, which with the. apProval <br />of the American Federal Government distributed, since 1922, the main stream o.f <br />the Colorado. River among the, American States of the upper and lower baa;ins, <br />and specified that the waters assigned to Mexico should be taken from'the excess <br />which the average virgin volume of the river (22,000,000;000. cubiQ me~rs) <br />(17,835,000 acre-feet) had over the volume distributed among the American <br />States of the upper and lower basins (20,000,000,000 cubic meters) (16,213j600 <br />acre-feet). Our assi!1nment of 1,850,000,000 cubIC meters (1,500,000 acre-reet) <br />is included, then, Within the 2,000,000,000 cubic m~ters (1,621,000 acre-feet) <br />of the difference. The virgin waters of the Colorado River are of gOO<l quality. <br />Besides this, even a superficial study o.f the treaty shows, from the introduotion <br />to the transitory articles with .which it terminates, t!1at it is inspiredwitb.the <br />fact that "it is to the interests of both countries to take advantage of these waters <br />in other uses and 'consumptions *. * * in order to obtain its most ~o:tnple.te <br />and satisfactory utilization." This is a paragraph transcribed from the pref~ce. <br />In article 27 of. the transitory articles It Is clearly stated that the use to which <br />these waters are to be put .is that of irrigation. Therefore, ~n this treatYJ,,9'8,in anti <br />other oj its kind, it is understood that the water must. be 'of good quality. lUexico :hos <br />the right to ka've the water that i8 a8signed to it from tke Colorado Rivet' proceed entir.elJl <br />from the virgin. volume of the current, but know~ng .that (his is physically irnpossible <br />to obtain for any use of water downstream on any river fully utilized, as is the' Coloradc <br />. If,ive1, our country had .no objection' to receiving these waterq tl;-e same as _ the other <br />American users of the lower portion of the Colorado River, as long as they were of good <br />quality for irrigation. . [Emphasis supplied.] <br />One of the critics of the treaty in Mexico, Lic. Esguive] Obregon <br />president of the Academy of Jurisprudence and lJegls]ation, offered <br />seven reservations: Reservation No. 5 read as follows: . <br />The UnIted States undertake that the waters delivered to Mexico from the <br />Colorado Riv~r shall satisfy, as to chemical composition, the iIidispenaabl~-require- <br />ments for agricultural use, so that the lands whi~h receive them may" 'use them <br />(Excelsior. 'August 9, 1945). . <br />Rep]yi~g to this demand for a reservation, lng. Orive Alba said: <br />That was 'covered in the treaty when it spoke of waters for irrigation. No on6 <br />would be able to sign a treaty to give or receiv~ waters of bad quality because ,both <br />parties would suffer damage therefrom (Excelsior, August to, 1945). . <br />Lic. Ernesto Enriquez, the eminent international lawyer, said, <br />with respect to this rese~vatio!lon quality of water, that he wanted it <br />noted that the treaty saId plam]y that they must be waters usefu] for <br />agriculture (El Nacional, August 11, 1945). <br />The reservation was never voted upon, <br /> <br />. <br /> <br />(2) CONFLICTING INTERPRETATIONS AS TO THE OPERATION OF THE <br />"EXTRAORDINARY DROUGlIT", CLAUSE <br /> <br />/i <br /> <br />The Oolorado River drought clause.-The testimony of the negotiators <br />here and in Mexico likewise demonstrated that. there was no real meet- <br />ing of the niinds with respect to the" extraordinary drought" clause <br />on the Colorado. This clause (art. 10) reads: . <br /> <br />~; . <br /> <br /> <br />-C"','-,'.," <br />. .' <br />