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<br />'. <br /> <br />I!\TRODDCTIOX <br /> <br />The COllllnittee on Foreign Relations of tI,e <br />rnited States, Senate has h('fore it for eOlbideration <br />a treaty between the l'nited States and ~Iexico <br />relatillg to the utilization of the waters of the Rio <br />Grande below Fort Quitman, Texas, and of the <br />Colorado and Tijuana Rh'ers. Opposition to the <br />treaty has been voie'ed on the ground that it ~ets <br />Ul' in perpetuity an ag-enc)' whie.h ,,'ill ,,'icld uncon- <br />trolled judie'ial, administrative, and regulator)' <br />power over the entire river basins in the United <br />States in a manner entirely ineonsistent with our <br />traditional theory of Federal Government, The <br />purpose of this Illemorandum is to expose the fal- <br />lacy of suc,h assertiom. <br /> <br />SmnL\RY <br /> <br />(1) The effect of the 'l'reaty is to define the <br />rights of each nation in the utilization of the wa- <br />ters of the Rio Grande and Colorado and Tijuana <br />Rivers. <br /> <br />(2) The domestic laws of each nation will <br />operate to determine private rights to the use of the <br />water which is within the nation's share as deter- <br />mined by the Treaty. <br /> <br />(3) The permanence of the Treaty, unless it <br />is mutnally agreed otherwise, is necessary and de- <br />sirable because any provision for termination must <br />he mutual allll bec'ause future development of water <br />use projects in the affected basins cannot progress <br />with any security if the water allocations are sub- <br />ject to change or revision. <br />