WSP00860 - Laserfiche WebLink

Home Browse Search

N .+::>. l'.., C MEXICAN WATER TREATY about which more controversy" more difficulty, and more friction b'etween the two nations might arise than was contemplated ~n the enforcement of the slidingM8cale provision. I cannot quite understand, frankly, why there was not a full.. meeting oj the minds of the negotiators, or at least an -understanding between those who did negotiate it on the_ part of the respective countries" as to exactly how this 'drought clause would operate. [Emphasis supplied.] Part 3, page 1089: Senator LA FOLLETTE. . Is th ....ra a full agreement and meeting of the minds on the part of the American negotiators of this treaty as to exactly how this clause will operate, because I have heard' you interpolate, in many of your answers, Hin my personal opinion," or words to that general effect? Mr. TIPTON. I will answer you, Senator, in this way: "rhis' has not-been dia- -cussed by the American negotiators in the detail it has been discussed here. Senator LA FOLLETTE'. Do you mean that the language was proposed and agreed to without the American negotiators having an understanding of exactly how it would operate, if and when it- was invoked? Mr. TIPTON. Not in the detail it has been discussed /lere. Senator LA FOLLETTE. I did not ask you about the detail, but was it discussed sufficiently to the point where you knew exactly how this was going to be ihter- preted from the standpoint of the negotiators of the treaty for the United States? Mr. TIPTON. I cannot speak-it was discussed; yesl sir:. . Senator LA FOLLETTE. Was there any difference of opinion among the American negotiators as to .how it would be interpreted and how it would be invoked and how it would be operated-if it was invoked? Mr. TIPTON. I hesitate to say that there was a consensus. of the negotiators that it would be invoked when curtailment in the upper basin was causedin order that the upper basin might make its dcliverv at Lees Ferry. That was discussed as ODe criterion. I would hesitate. to say, Senator, that there was a consensus of the American negotiators on t.hat basis, and I would not say there was not con- .sensus. That condition would be a most unfavorable interpretation to the United States, and, in my opinion-my personal opinion.-that would be a measure which could not be controverted. ' , Senator LA FOLLE~E. I understand that that would be one, criterion, one. way to measure it: but I must say that it does strike me as rather strange that this provision got ?:nto the treaty without a full understanding on the part of the United States negotia- tors a8 to exactly 'what it - meant, how it would operate and when it wov,ld be invoked; and, secondly, that that understanding on the part oJ the United States ne(lotiators was not conveyed to., tully understood by, and thr'8hed out with th08e negotiahng the treaty on the pa?t OJ M e.xico., Part 4, pages 1228-1229: Senator WILEY. As I iiatened to yaur interpretation the ather day, I got the impression, that yau have partially confirmed naw, that "extraordinary drought" meant something different from what the average man would think it meant. But I call your attention to article X. It says: Hln the event of extraordinary drought or serious .accident to the irrigation Bystem in the United States"-that. is the way it is used-"thereby making it difficult for the United States to deliver th... guarltnteed quantit.y of 1,500,000 acre-feet a year, the water .allotted to Mexico under subparagraph (It) of t/lis a.rticle will be reduced in the same proportion as consumptive uses in the United States are reduced." . Then. there must be not .only, firat, the extraordinary drought .or serious accident, but there mUBt alBO lie Bometbing to make it difficnlt for the United States to deliver? Mr. TIP'roN. That iB correct. Senator WILEY. With those two factors, we then begin to reduce the amount to Mexico? Mr. TIPTON. That is correct, eir. In otber words, tbe interpretation of the word "diffioult" is in the hanas of the United States Commissioner. He -can determine that it Is difficult if the u{'stream reservoirs are threatened with de- pletion by reduction in run-off in tlle upper basin. It is within his discretion to make the determination of what constitutes extraordinary 'drought and as to what constitutes diffioulty in making deliveries. ' Senator WILEY. Yes; but it is not enough to have simply an extra.ordinary drought; there must be also difficulty for our Government to deliver the quantity of 1,500 before we can start to reduce? ,....j ~ , 17