<br />02486
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<br />MARCH 25, 1944
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<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
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<br />291'
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<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-
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