WSP06497 - Laserfiche WebLink

Home Browse Search

drainage waters discharged below Morelos Dam as part of Article 10 of the Water Treaty of February 3, 1944. "3. As a part of the measures referred to in point 1 (a), the United States shall extend in its territory the concrete-lined Wellton-Mohawk bypass drain fro m M oreJos D am to the Arizona-Sonora international boundary, and operate and maintain the portions of the Wellton-Mohawk bypass drain located in the United States. "4. To complete the drain referred to in point 3, Mexico, through the Commission and at the expense of the United States, shall construct, operate, and maintain an extension of the concrete-lined bypass drain from the Arizona-Sonora international boundary to the Santa Clara Slough of a capacity of 353 cubic feet (10 cubic meters) per second. Mexico shall permit the United States to discharge through this drain to the Santa Clara Slough all or a portion of the Wellton-Mohawk drainage waters, the volumes of brine from such desalting operations in the United States as are carried out to implement the Resolution of this Minute, and any other volumes of brine which Mexico may agree to acct!pt. It is understood that no radioactive material or nuclear wastes shall be discharged through this drain, and that the United States shall acquire no right to navigation, servitude, or easement by reason of the existence of the drain, nor other legal rights, except as expressly provided in this point. "5. Pending the conclusion by the Governments of the United States and Mexico of a comprehensive agreement on ground water in the border areas, each country shall limit pumping of ground waters in its territory within 5 miles (8 kilometers) of the Arizona-Sonora boundary near San Luis to 160,000 acre.feet (197,358,000 cubic meters) annually. "6. With the objective of avoiding future problems, the United States and Mexico shall consult with each other prior to undertaking any new development of either the surface or the ground-water resources, or undertaking substantial modifications of present developments, in its own territory in the border area that might adversely affect the other country. "7. The United States will support efforts by Mexico to obtain appropriate financing on favorable terms for the improvement and rehabilitation of the Mexicali Valley. The United States will also provide nonreimbursable assistance on a basis mutually acceptable to both countries exclusively for those aspects of the Mexican rehabilitation program of the Mexicali Valley relating to the salinity problem, including tile drainage. In order to comply with the above-mentioned purposes, both countries will undertake negotiations as soon as possible. "8. The United States and Mexico shall recognize the undertakings and understandings contained in this Resolution as constituting the permanent and definitive solution of the salinity problem referred to in the Joint Communique of President Richard Nixon and President Luis Echeverria dated June 17, 1972. "9. The measures required to implement this Resolution shall be undertaken and completed at the earliest practical date. "10. This Minute is subject to the express approval of both Governments by exchange of Notes. It shall enter into force upon such approval; provided, however, that the provisions which are dependent for their implementation on the construction of works or on other measures which require expenditure of funds by the United States, shall become effective upon the notification by the United States to Mexico of the authorization by the United States Congress of said funds, which will be sought promptly." PUBLIC LAW 92-500 Public Law 92-500 known as the "Federal Water Pollution Control Act Amendments of 1972" has been interpreted by the EPA to mean that numerical standards for salinity on the Colorado River are to be set. Accordingly the seven Basin States have been req uested by EPA to undertake studies and negotiations to develop such standards accompanied with a detailed plan of implementation. Moreover the law provides that by July 1, 1977, the "best practicable" water pollution control technology shall be applied followed by the "best available" technology by July 1, 1983. Prosecution of a sal inity control program would provide a basis for establishment of numerical standards. AUTHORIZATION OF INVESTIGATIONS In recognition of the effects of the proposed developments on the salinity of the river, the Congress specifically directed the Secretary of the Interior to undertake water quality studies and to devise plans for 22