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<br />MEXICAN WATER TREATY
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<br />constitutional and statutory controls and processes, can properly
<br />, be resolved by domestic legislation without injuring Mexico. Such
<br />legislation is, III fact, imperative. '
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<br />I. SUMMARY OF THE PROCEEDINGS IN MEXICO
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<br />1. RELEASE OF TEXT OF TREATY IN MEXICO
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<br />On April 20, 1945, the Mexican ,Government for the fil'St time
<br />released the text of the treaty, protocol, and American reservations
<br />to the Mexican public. This was 2 days after the American Senate
<br />had approved ratification, with 11 reservatiohs. Prior to thllt time,
<br />there had been considerable discussion of the treaty in the Mexican
<br />press, but no releaSe of its terms. Explanatory statements by variou's
<br />officials were released along with the treaty text.
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<br />2. "ROUND TABLE" PROCEEDINGS
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<br />The Mexican Senllte did not meet until September 1945, However,
<br />commencing July 31, 1945, the Oommittees on Foreign Rcllltions of
<br />the Mexican Senate (there are two of these committees) held;a series
<br />of "round tab]e" hearings or discussions, which were reported quite
<br />fully in the Mexican press, including El N acional, an official Govern-
<br />ment publication. These hearings were not,. strictly speaking, prO"
<br />ceedings of the Senate or of its committees, but were meetings of
<br />"interested Senators" under the auspices of the two 'com:inittees.
<br />Nevertheless, for reasons stated later, these proceedings became, and
<br />may properly be regarded 88, part of the legislative history of ,the
<br />treaty in Mexico. They were concluded on September 13, 1{145.
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<br />8. CHARACTER OF DlSCUSStONS
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<br />The proceedings in Mexico were conducted upon ,II high level of
<br />IIbility, both by the proponents and opponents of the treMy. A
<br />reading of them adds professional respect to that which these lawyers
<br />and engineers had already earned as shrewd negotilltors on behalf of
<br />their country, Unfortunately, the text is not available in official
<br />form. While it was stilted that II "memorill" contllining the official
<br />Mexiclln presentation would be printed, together with the steno-
<br />graphic transcript, this has not bee. n done, so far as can be ascertained.
<br />The present report is based on newspaper accounts.
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<br />4, ISSUE OF CONSTITUTIONALITY UNDER MEXICAN LAW
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<br />, Very serious doubts were expressed about the constitutionality of
<br />the ~reat:J:> be<:aus,e of t~e exp~ess prohibi~ion in ai'ticle27 of the
<br />MeXlcan vonstItutIOnagamst'ahenatIon of SIther land or water under
<br />Mexican dominion, and the frank admission of the Mexican witnesses
<br />that this treaty was an exchange of 375,000 acre,feet on the Rio
<br />Grande for 1,500 000 acre-feet on the Oo]orado.' Some proponents of
<br />the treaty conceded that its ratification might require amendment of
<br />the Mexican Oonstitution. " '
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