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<br />22
<br />
<br />MEXICAN W A~ER TREATY
<br />
<br />waters will be supplied through the AIl-Americltll.Canal only "if ~uch
<br />use of the canal and facilities will not be detrimental to the United l
<br />States." A domestic statute ought to vest authority in the Secretary.
<br />ofthe Interior to make that determination, and stipulate what sort of.
<br />interference with the rights of the American users of the canal, for
<br />whom it was built and who in any event will continue to be dependent
<br />on it for their existence, constitutes a "detriment."
<br />if) Determination of extraordinary drought.-The majority report
<br />on the treaty assumed that- , "
<br />The exister,lCe of a. drought and the consequent curtan~ent of usef!! are purely
<br />factual matters-'r.,.easily determinable from the data a.ccumulated by the interior
<br />agencies of the united States, .
<br />If. this is so, Congress should designate the Interior Department as
<br />the, "interior agency," and give it standards to follow in making its
<br />, determinations. The conflicting testimony in Mexico and the United
<br />States makes it clear tbat no one knows now what standards are to be
<br />applied by these "interior agencies." ,
<br />(g) Q:uality Qf water.-The American negotiators have made it so
<br />clear that the Secretary of the Interior is not required by the treaty
<br />to release water from storage in the dams he controls in order to im-
<br />prove the quality of the flow reaching Mexico, that Congress should
<br />so provide, while this testimony is fresh in mind, and before some
<br />future Secretary, in the absence of conlVessional direction, adopts the
<br />equally clear and diametrically OppOSIte interpretation reported py
<br />the. Mexican negotiators. '
<br />(h) Provision jar the acquisition oj property.-The treaty leaves to
<br />each natio.nunder its own laws, the, problem of acquisitiQn of the
<br />property to be taken fur treaty purposes. The majority report said: .
<br />Properly In the United States, oJ course, must be acquired either by voluntary'
<br />agreement with the owners or through condemnation proceedings. In such 'pro..
<br />ceedings, the courts will.pass upon the necessity of the_acquisition and'the amount
<br />of the compensation which Should justly be paid the owner (p. 9). '
<br />Reservation (b) to the treaty subjects the "powers and functiQns"
<br />of officers of the United States to "statutory and constitutional, con-
<br />trols and processes." The Mexican resolution of ratification dis()!aims
<br />any. interest in reservation (b). The~e statutory controls should be
<br />spelled out. " '
<br />, One of the blank spots in the treaty is the failure to say aJ;J;fthing at
<br />all about. the investment of several million dollars made ill levees
<br />and canals in Mexico by American farmers who will. continue to bear
<br />a bonded debt a mortgage on American land, incurred to ;finance
<br />t,hese WO, rks.' t,he U, nited St,ates, under the treaty, is to acquir, e the
<br />headwork:s of this canal systerri,which are in the United States" ,and
<br />it shoulq properly compep.sate the American farmers for t'\1e Whole
<br />canal. and lev:ee system thus severed. . This does riot involve any
<br />relatipnsornegotiation~ .between.- Mexico and {he United S~ates.. . .
<br />There are other PrOVISIons which should properly appear ill legJ.Sla-
<br />tion to implement the tre~ty. ,', ' '
<br />No domestic legislation c/tncure the ambiguities in the Oolorado
<br />River Treaty with Mexico, considered as a contract; but domestic
<br />legislation consistent with the official American. interpretation of ,the
<br />treaty. oon and should clarify the application of the docUIlllilnt asa
<br />domestic statute and fix the direction and course for the American
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