WSP05764 - Laserfiche WebLink

Home Browse Search

000213 -32- '. \:hile the right of the United Stdes to the use and benefit of the entire flow of the Rio Grande River irrespective of any former uses made in Mexico was upheld by the opinion of the Attorney General in 1895 (21 Ops. Atty. Gen, 274, 282), the rights of the two nations were settled by 0. "convention pl'oviding for the equitable distribution of the r:aters of the Rio Grande for irrigation purposes" made l'1ay 21, 1906, (Malloy, Treaties, Vol. I, p. 1202). . That the United States has a perfect right to divert the. waters of the Colore-do River at any point above the international boundary with Mexioo irrespeotive of the ~ffeot of such diversion upon the flow of the river in Mexico or along that part of its course' which forms the bounda- ry between the two nations was held by the Attorney General September 28, 1903, (Rept, to Atty. Gan, of U, S" Colorado River in Ca lifornia, p, 581 Opinion of Atty. Gen., Aug, 20, 1919). The above opinion is in harmony with the deCision in the Rio Grande oase, wjo.erein it was held (quoting from syllabus), "rhe fact that there is not enough water in t he Rio Grande for the use of the inhabitants of both countries for irrigation purposes does not give l1exico the right to subject the United States to the burden of arresting its development and of deny- ing to its inhabitants the use of a provision which nature has supplied entirely within its oWn territory, The recognition of such a right is entirely inconsistent with the sovereignty of the United States over its national domain. "The rules, principles, and preoedents of international law imposed nO duty or obligation upon the United Stotes of denying to its inhabitants the use of the water of that part of the Rio Grande lying entirely wi thin the United States, although such use results in reducing the volume of lIater in the river below the point where it ceases to be entirely within the United States." (21 Cps. Atty. Gen" 274), For a full discussion of international rights upon the Colorado River see Appendix, pages 318-3L~3, part 2, Hearings Before Cornrni ttee on Irri- gation of Arid Lands, House of Representatives, SiKty-sixth Congress, first session. Hhile by all rules of international law the upper nation is entitled to make full use of the vlSters of an international strea.m rising v.holly within the borders of the upper nation, nevertheless such matters are usually settled by treaty in the same manner as the settlement between the United states and Mexico respecting the use am benefit of the waters of the Rio Grande (above cited), wherein it is provided for an "equitable apportionment" of the v/aters of that stream between the two