WSP01132

• File Number: 8278.400
• Description: Title I - Mexican Treaty
• Basin: Colorado Mainstem
• Date: 11/15/1944
• Author: Six States Committee
• Title: The Pending Mexican Treaty - A Sound Solution of a Difficult Problem
• Water Supply Pro - Doc Type: Publication

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ically approve. The works enumerated above are
all the works provided for by the treaty with respect
to the Colorado River. No others can be constructed
by the Commission or the United States Section UD-
der the Treaty terms.

With respect to the Tijuana River, the jurisdic-
tion of the Commission is limited to investigating
and submitting to the two Governments for their
approval recommendations for the equitable distri-
bution of the waters of the Tijuana River system;
plans for storage and flood-control; estimates and
costs; and recommendations as to the manner in
which the works and the cost thereof should be borne
by the two Governments. The two Governments as-
sume no obligation other than to construct such
works and to carry out such recommendations of the
Commission as they may mutually approve.

It is but proper to call attention to the provision
of the third paragraph of Article 2 in the Treaty,
which says that wherever the Treaty refers to joint
action or joint agreement by the two Governments,
it shall be understood that this means that such mat-
ter shall be handled by or through the Department
of State of the United States and the Ministry of
Foreign Relations of Mexico. This does not mean
that the United States can be bound to construct
any works whether or not enumerated in the Treaty
on the recommendation of the Commission with the
approval of the Secretary of State. The language
of Article 2 to which reference has been made does
no more than recognize a situation which already
exists. The foreign affairs of the United States
are, and since 1789 have been, handled "by or
through" the Department of State. As has already
been pointed out, the works which the Treaty obli-