WSP04854 - Laserfiche WebLink

Home Browse Search

Obviously. the right of Mexiro 'to water cannot be determined upon the basis of the amount of drainage basin area within that nation or of the amount of contribution [0 the sueam. If either basis is applied. the use of the same formula in determining the rights of California would he unfair to that state. A determination of the rights of Mexico either on the basis of the power of the United States to deny to Mexico all watet because of the superior might of the United States and the possibility of (oottol1ing and using the entire flow of the stream in the United States, or on the basis of unrestrained generosity to Mexico occasioned by a misconception of the "good neighbor" policy, is entirely un. acceptable. The problem must be treated realistically with a view of recognizing the right of Mexico to a fair share of water and. at the same time. safeguarding in the most satisfactory manner possible the rights of the United States and its citiuns, To understand the probltm, it is necessary to have regard for the compacts. laws. and contracts which now exist in the United StatE'S with reference to the Colorado River. The first and most important of these is the Colorado River Compact. which was signed by the representatives of the seven basin states in 1922 and which has now been approved by the legislatures of all of those states. This Compact was the result of the desire of the lower basin states to secure the construction of works along the Colorado River for the prevention of flood damage and for the de- velopment of facilities for the use of watet for domestic purposes. irrigation, and electrical power. The program of the lower basin states was opposed by the upper basin states. largely because of the fear that the greater population and greatct wealth of the lower basin would result in the prior use of water in the lower basin to an extent that would jeopardize the tights of the upper basin where the conditions were such that development would be slower. In other words. the upper basin declined to approve the plans of the lower basin until there was some definition of the rights of the two basins which would protect the upper basin against any claims of the Jower basin based upon the priority of the use of water and the resulting economic development. In taking such position. the upper basin was cognizant of decisions of the United States Supreme Court having the effect of protecting and preserving existing economic development in controversies over the use of waters of inrrrstate str('ams. In this connection it may be well to point out that the controversy now existing between the United Stat('s and Mexico over the use of waters' of the Colorado River is, in some respects. com- parable to that which confronted the states prior to the Colorado River Compact. By reason of the regulation of stream flow made possible by Boulder and Parker Dams and the inability of the lower basin to use at the present the entire amount of water available. the stream flow into Mexico has become more usable for irrigation in that nation: and. very natural1y. the irrigated acreage and tbe use of water have both expanded, If this situation should continue and the Mexican development progress. a condition wouJd l?xist in Mexico similar to that which the uppu basin states feared would rake place in southern California. Thus. the same reason which motivated the upper basin states in signing the Colorado River Compact is the impelling reason for a treaty with Mexico, This means thar the right of Mexico to receive a fixed bur limited amount of water must be recognized. just as the upper basin states recognized the right of the lower basin to a specific quantity of watcc. The Colorado River Compact expressly recognizes that the United States may. by agreement. fix the right of Mexico to the use of waters of the Colorado River system, Article III (r) of the Compact provides thus: "If. as a matter of international comity. the United States of Aml?rica shall hereafter recognize in the United States of Mexico any right to the use of any waters of the Colorado River system. surh waters shall be supplied first from the waters which are surplus OVer and above the aggregate of the quan';ties specified in paragraphs (a) and (b);* and if such surplus shall prove insufficient for this purpose, then the burden of such deficiency shall be equally borne by the upper basin and the lower basin. and whenever necessary the States of the upper division shall deliver at Lee Ferry water to supply one-half of the deficiency so recognized in addition to that provided in patagraph (d)." -For n:pbution of ;a ;and b. srr Ibitd paugnpb OD pagr 6.