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<br />02486 <br /> <br />MARCH 25, 1944 <br /> <br />gations and reports regarding the most feasible <br />projects for the conservation and use 'of the waters <br />of the Tijuana'River system and of submitting a <br />-recommendation for the allocation of these waters <br />between the two countries. <br />"The nine articles of part V contain provisions <br />of a general natnre relating to certain uses of the <br />river channels and of the surfaces of artificial inter- <br />national lakes, to the international works, and to <br />the Commission, By article 20 the two Govern- <br />ments, through their respective' sections of' the <br />Commission, agree to carry out the construction of <br />works allotted to them, By article 23 the two Gov- <br />ernments undertake, to acquire all 'private property <br />necessary for the construction, maintenance, and <br />operation of the works and to retain, throilgh theii' <br />respective sections; ownership and jurisdiction, <br />each in its own territory, of all works, appurte- <br />nances, and other property required for the carry- <br />ing out of the treaty provisions regarding the three <br />rivers. However, the jurisdiction of each section <br />of the Commission is definitely restricted 'to the <br />territory of its own country. ' <br />"Article 24 entrusts to the Commission certain <br />powers and duties in addition to those specifically <br />, . <br />provided in the treaty. These powers and duties <br />include the making of investigations and prepara- <br />tion of plans for works and the control thereof; the <br />exercise of jurisdiction ,by the respective sections <br />over all works; the' discharge of the specific powers <br />and duties entrusted to the Commission by this and <br />other treaties; the prevention of any' violation of' <br />the terms of the treaty; the settlement of all differ- <br />ences that may arise regarding the treaty; the, <br />preparation of reports and the making of reconi- <br />mendations to the respective Governments; and the, <br />construction, operation, and maintenance of an <br />necessary gaging stations. <br />"It,is provided in article 25 that the Commission <br />shall conduct its proceedings in accordance with <br />the rules laid down by articles III and VII of the <br />convention of M.arch 1, 1'889. In general, the Com- <br />mission is to retain all duties, powers, -and o.bliga- <br />tions assigned to it by previous treaties and agree- <br />ments, so that the present treaty merely augments <br />the Commission's powers, duties, and obligations, <br />"Part VI, having two articles, contains"transi- <br />tory provisions, By article26 Mexico undertakes, <br />duri!lg a period of 8 years from the effective date <br /> <br />,l <br /> <br />291' <br /> <br />of the treaty or until the beginning of operation of <br />the lowest maj~r international reservoir on the Rio <br />Grande, to cooperate with the Uni'ted States to re- <br />lieve, in' times of drought, water shortages in the <br />Lower Rio Grande' Valley of Texas. To this end, <br />Mexico, if requested, will release up to a .total of <br />160,000 acre-feet of 'water during these 8 years,from <br />EI Azucar Reservoir on the San Juan River for the <br />use of such lands in Texas, provided that Mexico, <br />shall be under no obligation to release for this <br />purpose riIore than 40,000 acre-feet in anyone year, <br />By article 27, during the 5 years before Davis Dam <br />and the Mexican diversion dam are' built, the <br />United States will permit Mexico, at its own ex- <br />pense, to build,' under proper safeguards, a tem- <br />porary, diversion structure in the Colorado River <br />for the pnrpose of diverting water into the present <br />Alamo Canal. Furthermore, the United States <br />undertakes to cooperate with Mexico to the end <br />that the Mexican irrigation requirements during <br />this temporary' period may be set for the lands <br />under irrigation during 1943, provided that the <br />water needed therefor is not currently required in <br />the United States, <br />"Part VII, consisting solely of article ,28, con. <br />tains the final provisions. rela.ting t.o ratification, <br />entry into force, and termination. It is provided <br />that the treaty shall enter into force on the day, of <br />the exchange of ratifications, and that it shal], con- <br />tinue in,.force until' terminated 'by another tteaty <br />concluded, for' that purpose between the two <br />Governments: <br />"Finally, it should be noted that the treaty pro' <br />vides that, in case of drought or serious accident to <br />the hydraulic works in the'United States,.deliveries <br />of Colorado, River water to Mexico will, be cur- <br />tailed in the,same proportion as use~ ;'n the United <br />States are rediICed, and that, if for similar reasons <br />Mexico cannot provide the minimum 350;000 acre- <br />feet from its measured tributaries of the' Rio <br />Grande, the deficiency is to be made up from these <br />tributaries during the fonowing 5-year cycle." <br />Considered in, the light .of previous treaties <br />relating to the use of water ,from international <br />streams for various purposes, it is not improbable <br />that the treaty of February 3, 1944, now awaiting <br />action in the Senate, may come to be regarded as <br />the most important of its kind in the history of <br />the world, both in the range and scope of its 1'1'0- <br /> <br />~ <br />, <br />/; <br /> <br />I <br />