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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 />All of the states of the basin have now apptoved the Colorado River Compact. <br /> <br />The consent of rhe Congress of rhe United States to the Colorado River Compact was given <br />by the Boulder Canyon Project Act (Act of December 21. 1928, Ch, 42, 45 Stat. 1057). Section <br />20 of that Act provides as follows: <br /> <br />"Nothing in this act shall bE' cons[rul?d as a denial or recogmtlon of any rights. if any. In <br />Mexico to the use of the waters of the Colorado River system." <br /> <br />The indusion of such a provision in the Boulder Canyon Project Act constitutes a Congressional <br />recognition of the possibility of a future determination that Mexico is entitled to rights [0 the use <br />of Colorado River water. <br /> <br />The Boulder Canyon Project Act specifically requires that in all contracts for the use of water <br />in the Colorado River or for the generation of electrical energy generated by means of such waters. <br />the rights of the recipients or holders shall be subject to and controlled by the Colorado River Com- <br />pact, Section 13 (c) of the Act reads as follows: <br /> <br />"AIso all patents. grants, contracts. concessions. leases. permits. licenses, rights of way. or <br />other privileges from the United States or under its authority. necessary or convenient for <br />the use of waters of the Colorado River or its tributaries, or for the generation or trans~ <br />mission of electrical energy generated by means of the waters of said river or its tributaries, <br />whether under this an. the Federal water power ace, or otherwise, shall be upon the express <br />condition and with the express covenant that the rights of the recipients or holders thereof <br />to waters of the river or its tribut3ries, for the use of which the same are necessary. convenient. <br />or incidental. and the use of the same shall likewise be subject to and controlled by said <br />Colorado River compact." <br /> <br />Section 1 of the Act. authorizing the construction of works. uses this language: <br /> <br />"That for the purpose of controlling the floods, improving navigation and regulating the <br />flow of the Colorado River. providing for storage and for the delivery of the stored waters <br />thereof for reclamation of public lands and other beneficial uses exclusively witbin the United <br />States, and for the generation of electrical energy as a means of making the project herein <br />authorized a self-supporting and financially solvent undertaking. the Secretary of the Interior. <br />subject to the terms of the Colorado River compact hereinafter mentioned, is hereby author- <br />ized to construct, operate. and maintain a dam and incidental works in the main stream of <br />the Colorado RivE'r at Black Canyon or Boulder Canyon * * * * * .. * *." <br /> <br />The authorization is for thl?: construction of thtse works for the beneficial use of the water <br />"exclusively within the U nired States." The suggestion has bE'en made that because of this phrase <br />the United States may not make any treaty with Mexico which affords to thar nation any benefit <br />resulting from stream regulation by facilitiE's constructed pursuant to the Boulder Canyon Project <br />Act. It is bdieved that entirely too much emphasis has been placed upon the quoted phrase, Atten- <br />tion is directed to the fact that by the language quoted above the Secretary of the Interior is required <br />to act "subjE'ct to thE' terms of the Colorado River Compact." This is in accordance with the pro~ <br />visions of Secdon 13 (c) as has been quoted ahove. Attention is further directed to the provisions of <br />Section 8 <a), which reads as follows: <br /> <br />"The United States, its permittees, licensees. and contractees, and aH llsers and appropriators <br />of water stored, diverted. carried and/or distributed by the reservoir. canals. and other works <br />herein authorized. shall observe and be subject to and controlled by said Colorado River <br />compacr in the consrruction, management, and operation of said reservoir, canals. and other <br />works and the storage. diversion. delivery, and use of water for the generation of power. <br />inigation. and other purposes. anything in this ad to the contrary notU?ithstanding, and all <br />permits. licenses, and contracts shaH so provide." <br /> <br />5 <br />
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