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,'.'l'V' .~i. .'. <:.0..",. , .....r;:..,....',.......,.,.....-::.'..'...,.-;....- ~~--..:..~-,. ,>.-:;'::-".' :1 ';:! << 4 MEXICAN WATEn TREATY ;"""" based on the contribution of water by each State to the ri ver, and had substituted a doctrine of equitable apportionment, It was said that a principle which is right and proper for the seven American States ought to apply to the Mexican State of Sonora and TelTitory of Lower California. The argument is implied, if not expressed, that the treaty is founded upon the Santa Fe compact. Ing. Orive Alba (S. Doc. 98; p. 16) says that Mexico's 1,500,000 acre-feet is included in the .difference between the 16,000,000 acre-feet allocatlld by the compact and the 17,850,000 acre-feet which he says comprised the virgin flow of the stream. This inference that the Mexican alloca- tion, although guaranteed, is a part of the surplus or excess of the flow over and above the compact allocations may have considerable importance. ~~ ,~ ~ 10. COMMITTEE REPORTS > . ':~. . . On September 27, 1945, the two .committees submitted a formal report to the Mexican Senate, r~citing and discussing the arguments. presented in the round-table proceedings, and recommending ratifica- tion of the treaty, On the same day this report was approved the. transcript of the round-table proceedings was' ordered printed in the Diario de los Debates (the Mexican equivalent of the Congressional Record), and a draft of decree promu]gatingthe treaty wasap'proved by the Senate, (The Diario, however, has nO.t been published since 1942.) The Mexican President signed the in;strument of ratification October 16 and exchange of ratifications was ordered. (Nott!below the interesting omissions in the Mexican resolution of ratification.) .>j N " 11. FORM OF THE MEXICAN RATIFICATION The reso]ution~f the Mexican Senate on September 27, 1945, which approved the treaty, specifically accepted the Amer;calj reser- vations, e:>..cept that, as to the American reservations (a), (b), and (c); the Mexican resolution of ratification says: . The Mexican Senate refrains from cpnsidering, because.it is not competent, to pass judgment upon them, the provisions which relate exclusively to the inte~al application of the treaty within the United' States of America and 'by its own authorities, and which are included in the understandings set fortll under "the letter (a) in its first part down to the period preceding the words, "It is under- stood" and nnder the letters (b) and (0). (See Treaty Series 994, p, 06,) . The rather interesting restriction so placed on reservation (a). results in omitting any 'agreement by Mexico that the works to be built by the United States are only the eight projects named in reservation (a). The other two reservations singled out, (b) subject American officers to American statutory controls and proc'e.~ses,and alter or control the distribution of water to users within the telTitorial limits of the United States. . In short, Mexico says she doesn't have to agree to those.reservations because they are none of her business; but whether they are her busi- ness or not, the fact remains that she has not agreed to them and is not bound by them. The American resolution of ratification insisted thaj;---, these understandings will be mentioned in the ratification of this treatY_oM conve:y- ing the true meaning of the treaty, and 'will in effect form a part of the treaty. 'j ;r ; 'J , , . L;: , ,'"' '. ,.,,-',. , .', ,,-;, ~', "T,<~: ,"".,.,,;; .....;lid "0' "';;