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WSP04854
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Last modified
1/26/2010 2:15:55 PM
Creation date
10/12/2006 12:41:40 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8278.400
Description
Title I - Mexican Treaty
Basin
Colorado Mainstem
Date
9/20/1944
Author
Jean Breitenstein
Title
Memorandum Concerning Proposed Treaty Between the United States and Mexico Over Use of the Waters of the Border Streams
Water Supply Pro - Doc Type
Publication
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<br />Ir is impossible ro read Arcicle 24 and come ro any orher reasonable conclusion rhan rhar rhe <br />powers there granted arE' limited and restricted to the investigation. planning and construction of <br />rhe works specifically aurhocized by orher pcovisions of the rreary and ro rhe enforcemenr and in- <br />rerprecacion of rhe rreary. <br /> <br />In connecrion wirh hydroelectric power. rhe opponenrs ro rhe rreary have asserted rhar rhe <br />Commission can set up international power projects which will be subject to no control as to rates. <br />operations, fields of servicE', or use of funds. So far as the Colorado River is concerned. this is an <br />incorrect statement. There is no provision of the treaty which authorizes the construction of any <br />'hydroelecrcic power planr by rhe Commission in rhe Colorado River syscem,' Thar porrion of rhe <br />rrury dealing wirh rhe Rio Grande does permir the Commission ro invescigace and "porr upon <br />plants for hydroelectric generation of energy in connection with the international storage dams. and <br />the Governments agree to construct such works as may be recommended by the Commission and <br />approved by rhe rWO Governmenrs, In rhis regard ir should be noced rhar rhe power of rhe Com- <br />mission is confined rO recommending rhe works rhar should be builr. There is no absoluce obliga- <br />tion on the two Go'Vernments to construct the recommended works. <br /> <br />There is no similar provision relative to the Colorado. The only reference to power in Part <br />III of rhe rrury. which deals wirh rhe Colorado River: is found in Aeriele I4 wherein ir is provided <br />rhar revenues from rhe sale of hydroelectric power, "which may be generaced ar Pilor Knob." shall <br />be applied in rhe amorrizarion of rhe coses of consrrucrion of Imperial Dam and rhe Imperial Dam- <br />Pilor Knob secrion of rhe All-American Canal. a porrion of which shall be paid by Mexico. The <br />effecr of rhis will possibly be ro reduce rhe cosc ro Mexico of such faciliries. There is absolurely no <br />authorization to the Commission to construct a power plant at Pilot Knob, and without such <br />authorization it could not do so. <br /> <br />In connecrion wirh Pilor Knob. one furrher factor could be considered, Ir is well known rhar <br />the Imperial Irrigation District has aspired to obtain revenue through the sale of power to be <br />generared ar a planr which mighr be conscrucced ar Pilor Knob. Acride 23 of rhe rreary provides <br />rhar: <br /> <br />"The rWo Governmenrs recognize rhe public inceresc arcached ro rhe works required for rhe <br />execution and performance of this Treaty and agree to acquire. in accordance with their <br />respecrive domescic laws. any privace properry rhar may be required for rhe conscrucrion of <br />the said works. including the main structures and their appurtenances and the construction <br />materials therefor. and for the operation and maintenance thereof. at the cost of the country <br />wirhin which rhe propeery is siruaced. excepr as may be otherwise specifically provided in <br />this Treaty. .. .. .. .. .. .. '" .. '" * .. .. .. .. .. '" '" .. .. '" <br /> <br />"Each Governmenr shall recain. rhrough irs own Secrion of rhe Commission and wirhin rhe <br />limits and to the extent necessary to effectuate the provisions of this Treaty. direct owner- <br />ship, control and jurisdiction within its own territory and in accordance with its own laws. <br />over all rul properry-induding rhar wirhin rhe channel of any river-cighrs of way and <br />rights in rem~ that it may be necessary to enter upon and occupy for the construction. opef3- <br />tion. or maintenance of all the works constructed. acquired or used pursuant to this Treaty. <br />Furthermore. each Government shall similarly acquire and retain in its own possession the <br />titles. control and jurisdiction over such works." <br /> <br />The effecr of rhis is rhar rhe Unired Scares shall rerain conrrol of rhe Imperial Dam and rhe <br />All-American Canal down ro Pilor Knob. This will prevenr rhe use of rhe Pilor Knob sice for rhe <br />purposes planned by rhe Imperial Discricr. The Imperial Discricr is enrirled ro compensarion from <br />rhe Un iced Srares for any properry which ir owns and which is caken by rhe Unired Srares ro carry <br />out the treaty obligations. It must be assumed that our constitutional provisions. relative to the <br />caking of privace properry for public use, will be followed and rhar rbe compensarion ro be paid ro <br />rhe Imperial DiSCrict will be in accordance wirh rhe consdrudon and laws of rhe Unired Scares., <br /> <br />14 <br />
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