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<br />
<br />MEXICAN WATER TREATY
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<br />5. EXCHANGE OF WATERS OF THE COLORADO FOR THOSE OF THE
<br />RIO GRANDE
<br />
<br />Contrary to assurances given the American Senate that in nego-
<br />tiating the treaty each river was considered separately and did not
<br />represent a trade of Colorado River water given to Mexioo at the
<br />expense of the Colorado Basin States, in exchange for water given
<br />Texas, the Mexican negotiators frankly said that Mexico was getting
<br />water in her own right on the Colorado by paying for it with waters
<br />of the Rio Grande (Cardona, E] Naciona], August 2, 1945). They
<br />cited the Ollendorff doctrine: .
<br />If you take ellre of me on the Colorado, I will take care of you on the Rio
<br />Grande, and vice verBa (Enriquez, Excelsior, August 3, 1945).
<br />
<br />6. INTERPRETATION OF THE AMERICAN RESERVATIONS
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<br />The meaning of the American reservations was not considered by
<br />the Mexican witnesses to be very clear, but the proponents of the
<br />treaty said that it would be better to clarify them by an exchange of
<br />notes than by Mexican reservations, which would have to go back to'
<br />the American Senate, where thc treaty would not find as favorable a
<br />climate as that which hadpreva.i]ed when the treaty was, ratified.
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<br />7,DISCUSSION OF HISTORICAL BAOKGROUND
<br />
<br />It ~as stated in the Mexican hearings that the present treaty had
<br />been proposed by Mexico, not by the United States, in early 1941,
<br />in very much the SRIlle form as that in which it was finally signed
<br />(Enriquez, EXCelsior, August 4, 1945), and that the text of the present
<br />treaty had been agreed upon in Spanish, then translated into Eng]ish
<br />(Martinez de A]ba, E] Universal, September 6, 1945). Between March
<br />27, 1942, and February 16, 1943, Mexico sent four notes defining the
<br />problems to be solved (Enriquez, Exce]sior, August 4, 1945). At one
<br />stage of the negotiations,Mexico demanded 2,000,000 acre-feet of
<br />Colorado River water, but offered to pay for the regulatory works in
<br />quantities of water instead of money (id,).
<br />
<br />8. DISCUSSION OF ARBITRATION
<br />
<br />The Mexican testimony Was that the treaty negotiations were pre-
<br />cipitated in 1940 by a drought on the Rio Grande. Mexico and the
<br />United States were said to have exchanged notes during this period
<br />at the rate of one every 20 days. It was stated that the Mexicans
<br />brought on the treaty negotiations by threatening arbitration; but the
<br />arbitration demanded apparently related to the RIO Grande (Enriquez,
<br />Exce]sior, August 4, 1945).
<br />All this diplomatic background should be published, together with
<br />the minutes of the negotiations themselves.
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<br />9. THE DOCTRINE OF "UNITY OF THE RIVER"
<br />
<br />The official argument for the treaty in Me;<ico was based on the
<br />doctrine of the unity of the river; namely, that the seven American
<br />. States of the Colorado River Basin, in. the Colorado River compact,
<br />had abandoned the doctrine of priority of use, or an apportionment
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