WSP04312

• File Number: 8278.400
• Description: Colorado River-Colorado River Basin Water Quality/Salinity-Title I-Mexican Treaty and Minute 242
• Basin: Colorado Mainstem
• Water Division: 5
• Date: 3/25/1944
• Title: Mexican Treaty-The Department of State Bulletin-Vol X-No 248-Publication 2089
• Water Supply Pro - Doc Type: Publication

rfr.l'i'!}Il'''''3'
VI.~l~/l:~ :

288

also,because it seemed desirable to establish known
limits for future development on both sides of tbe
border. Not to make>> treaty would, in their view,
mean the gradual worsening of a difficult situation.
In this same period the Department of State
renewed its study of the whole matter, this time
in cooperation with the Committee of Fourteen
and Sixteen representing the interstate water and,
power interests of the Colorado River Basin States,
Several conferences have been held during the'
past two or three years between this Committee
and representatives of the Department. At one
of these conferences held in Santa Fe, New Mexico,
in April 1943, a resolution defining suggested
limits for a treaty with Mexico was approved by
a large majority of the members. On the basis
of this resolution, the Department reopened the
negotiations with the Government of Mexico that
resulted in the treaty which was signed on
February 3, 1944.
For an analysis of the treaty it is sufficient to'
quote the letter of transmittal from the Secretary
of State to the President:
"The undersigned, the Secretary of State, has
the honor to lay before the President, with a view
to its transmission to the. Senate to receive the ad-
vice and consent of that body to ratification, if
his judgment approve thereof, a treaty between
the United States of America and the United
Mexican States, signed at Washington on Febru-
ary 3, 1944, relating to the utilization of the waters
of the Colorado and Tijuana Rivers, and of the
, Rio Grande (Ri<> Bravo) nom Fort Quitman,
Tex., to the Gulf of Mexico.
"The treaty consists of a preamhle and 7, parts,
and contains 28 articles.
"Part I, with three articles, contains prelimi-
nary provisions. Article I defines certain im-
portant terms used in the treaty. Article 2 pre-
scribes the general powers and functions of the
International Boundary and Water' Commission.
By the provisions of article 2 tlle general admin'-
istration of the treaty is entrusted t<> the Interna-
tional Boundary Commission organized under the
convention of Marcli 1,1889, between the United
States of America ~nd Mexico, the name of the
Commission' being changed to International
Boundary and Water Commission, The Commis-
sion is given the status of an international body,

DEPARTMENT OF -STATE BULLETIN

co';sisting of a United States section and a Mexican
section, and it is provided' that each Government
shall accord diplomatic status to the Commissioner
and ~ertain of the other' officers of the section of
the other Government. Article 2 specifies the De-
partment of State of the United States of Amer-
ica and the Ministry of Foreign Relations of Mex.
ico as the agencies to represent the two Govern.
ments in every case wherein action by the Gov-
ernments is required. Article 3 prescribes an
order of preferences for the joint use of interna-
tional waters.
"Part II, consisting of five articles,'has particu-
lar relation to the Rio Grande (Rio Bravo), Of
the waters of this river below Fort Quitman, the
United States, by article 4, is allotted-

"1. All 'of the waters contributed to the main
stream by the measured United States tributaries,
, chiefly by the Pecos and Devils Rivers,
"2, One.half of the flow in the Rio Grande below
the lowest major international reservoir so far as
this flow is not otherwise specifically allotted by
the treaty,
, "3. One-third of the flow reaching this river
from the measured Mexican tributaries above the
Alamo River, provided that' this 'one-third shall
never be less than' 350,000 acre-feet each year as
an average in O-year cycles.
"4. One-half of all other flows occurring in the .
main channel 'of the Rio Grande.
The quantity thus allotted will 'not only supply
existing uses but also will permit, by an efficient
use of the water, considerable expansion of irri-
gated areas in Texas.
"The remaining articles in part II make provi-
sion for the construction and operation of ,inter-
national works on the Rio Grande. Of chie,f im-
portance is. the provisi,on, in nrticle '5, fo.r COll-
struction, by the two sections of the Commission, of
three major international storage dams between
the Big Bend and the head of the Lower Valley,of
Texas t<> provide capacity for water storage, for
flood control and for the retention of silt, This
article also' makes provision for the construction of
international auxiliary works in the Rio Grande,
The cost of storage dams is to be divided in propor,
tion ,to the conservation capacity allotted t<> each
country, and the cost of other works is to be pro-
rated' in proportion to the benefits each country