WSP04854 - Laserfiche WebLink

Home Browse Search

4. The United States shall construct or acquire in its own territory the works necessary to convey water to the Mexico diversion points on the international land boundary, including (a) tho canal and other works from the low.r end of the Pilot Knob Wasteway ro the inter- narional boundary and. (b) if requested by Mexico. a canal connecting the main diversion structure rEferred to in number 1 to the international boundary near San Luis, Sonora. All these works shall be constructed or acquired and operated and maintained at the expense of Mexico; 5. Stream gaging stations and water measuring devices shall be constructed, operated, and maintained in the limitrophe section of the river and on all facilities used for the delivery of water to Mexico; 6, Flood-control works on the lower Colorado between Imperial Dam and the Gulf of Mexico shall be constructed as recommended by the Commission and approved by rhe two Governments. The foregoing itemization includes all the works which the proposed treary provides for con- struction in the Colorado River Basin. The Commission is given no power to construct any other works whatsoever. This fact must be borne in mind when considering the general provisions con- tained in Part V of the treaty. Ie is simply not true to state that the United States Commissioner has power under the treaty "to acquire title to, control. and where not constructed, to construct and operate all Water, flood control. and hydroeh?ctc1c power projects on these river systems in the United States to the extent he deems such works connected with or affecting the carrying out of the treaty." Th. Commission has no powers other than those specifically given ir by the tr<aty. and the treaty does not give to the Commission or either Commissioner the power to do those things mentioned in the above quotation. The objectors to the treaty in their criticism of the powers of the Commission refer to Article 24, Section (a) of this Acricl. giv<s the Commission the power to investigate and develop plans "for the works which are to be constructed or established in accordance with the provision of this and other treaties or agreements in force between the two Governments dealing with boundaries and international waters." It is clen that this authorization of power is restricted to works provided for in the treaties. The Commission may not exceed such powers. So far as the Colorado River is con- cerned. the works to be constructed are specifically mentioned in Articles 12 and 13 to which reference has already been made. There is no authorization in the treaty for the construction of any other works along the Colorado River. Section (b) of Article 24 authorizes che Commission to construct, operate and maintain or supervise- the conscruction. operation, and maintenance of Hthe works agreed upon." It should be recalled that Article 12 contemplates the Commission agreeing upon the works necessary to protect the lands in the United States from ftood and seepage damage. Article I3 contemplates the Commission agreeing upon the necessary ftood control works between the Imperial Dam and the Gulf of California, There is nowhere in the treaty any provision which authorizes the Commission [0 agree upon the conscruction of any other works. Since the authorization is not contained in the treaty, it simply does not exist. Section (c) of Article 24 authorizes the Commission to exercise "[he specific powers and duties entrusted to the Commission" and to prevent the violation of the treaty. Here, again. the Commission is restricted to the specific powers and duties granted to and imposed upon it by the treaties. Section (d) of Article 24 authorizes the Commission to setrle differences with respect to the interpretation or applicJtion of the treaty Jnd provides for the procedure in the event the two Commissioners disagree. Section (e) of Article 24 requires the Commission to furnish certain information. Section (f) of Article 24 provides for the construction, operation. and maincenancc of stream- gaging stations. Section (g) of Article 24 requires the Commission to report annually to rhe rwo Governments. I3