THE MEXICAN WATER TREATY:
TREATY SERIES 994 (59 STAT.
1219)
Utilization of waters of the
Colorado and Tijuana Rivers and of the Rio Grande
TREATY BETWEEN
THE UNITED STATES OF AMERICA AND MEXICO RESPECTING UTILIZATION OF WATERS OF THE
COLORADO AND TIJUANA RIVERS AND OF THE RIO GRANDE, SIGNED AT WASHINGTON,
FEBRUARY 3, 1944; AND PROTOCOL SIGNED AT WASHINGTON, NOVEMBER 14, 1944;
RATIFICATION ADVISED BY THE SENATE OF THE UNITED STATES OF AMERICA, APRIL 18,
1945, SUBJECT TO CERTAIN UNDERSTANDINGS; RATIFIED BY THE PRESIDENT OF THE
UNITED STATES OF AMERICA, NOVEMBER 1, 1945, SUBJECT TO SAID UNDERSTANDINGS;
RATIFIED BY MEXICO, OCTOBER 16, 1945; RATIFICATIONS EXCHANGED AT WASHINGTON,
NOVEMBER 8, 1945; PROCLAIMED BY THE PRESIDENT OF THE UNITED STATES OF AMERICA,
NOVEMBER 27, 1945, SUBJECT TO SAID UNDERSTANDINGS; EFFECTIVE NOVEMBER 8, 1945
By the President of the United
States of America
A Proclamation
Whereas a treaty between the United States of America
and the United Mexican State relating to the utilization of the waters of the
Colorado and Tijuana Rivers, and of the Rio Grande (Rio Bravo) from Fort
Quitman, Texas, to the Gulf of Mexico, was signed by their respective
Plenipotentiaries in Washington on February 3, 1944, and a protocol
supplementary to the said treaty was signed by their respective
Plenipotentiaries in Washington on November 14, 1944, the originals of which
treaty and protocol, in the English and Spanish languages, are word for word as
follows:
The Government of the United States of America and the
Government of the United Mexican States: animated by the sincere spirit of
cordiality and friendly cooperation which happily governs the relations between
them; taking into account the fact that Articles VI and VII of the Treaty of
Peace, Friendship and Limits between the United States of America and the
United Mexican States signed at Guadalupe Hidalgo on February 2, 1848[1], and Article IV of the
boundary treaty between the two countries signed at the City of Mexico December
30, 1853[2] regulate the use of the waters
of the Rio Grande (Rio Bravo) and the Colorado River for purposes of navigation
only; considering that the utilization of these waters for other purposes is
desirable in the interest of both countries, and desiring, moreover, to fix and
delimit the rights of the two countries with respect to the waters of the
Colorado and Tijuana Rivers, and of the Rio Grande (Rio Bravo) from Fort
Quitman, Texas, United States of America, to the Gulf of Mexico, in order to
obtain the most complete and satisfactory utilization thereof, have resolved to
conclude a treaty and for this purpose have named as their plenipotentiaries:
The President of the United States of America:
Cordell Hull, Secretary of State of the United States
of America, George S. Messersmith, Ambassador Extraordinary and Plenipotentiary
of the United States of America in Mexico, and Lawrence M. Lawson, United
States Commissioner, International Boundary Commission, United States and
Mexico; and
The President of the United Mexican States:
Francisco Castillo Najera, Ambassador Extraordinary and
Plenipotentiary of the United Mexican States in Washington, and Rafael
Fernandez MacGregor, Mexican Commissioner, International Boundary Commission,
United States and Mexico; who, having communicated to each other their
respective Full Powers and having found them in good and due form, have agreed
upon the following:
I. PRELIMINARY PROVISIONS
ARTICLE
1
For
the purposes of this Treaty it shall be understood that:
(a) The United States means the United States of America.
(b) Mexico means the United Mexican States.
(c) The Commission means the International Boundary and
Water Commission, United States and Mexico, as described in Article 2 of this
Treaty.
(d) To divert means the deliberate act of taking water
from any channel in order to convey it elsewhere for storage, or to utilize it
for domestic, agricultural, stock-raising or industrial purposes whether this
be done by means of dams across the channel, partition weirs, lateral intakes,
pumps or any other methods.
(e) Point of diversion means the place where the act of
diverting the water is effected.
(f) Conservation capacity of storage reservoirs means
that part of their total capacity devoted to holding and conserving the water
for disposal thereof as and when required, that is, capacity additional to that
provided for silt retention and flood control.
(g) Flood discharges and spills means the voluntary or
involuntary discharge of water for flood control as distinguished from releases
for other purposes.
(h) Return flow means the portion of diverted water that
eventually finds its way back to the source from which it was diverted.
(i) Release means the deliberate discharge of stored
water for conveyance elsewhere or for direct utilization.
(j) Consumptive use means the use of water by
evaporation, plant transpiration or other manner whereby the water is consumed
and does not return to its source of supply.
In general it is measured by the amount of water diverted less the part
thereof which returns to the stream.
(k) Lowest major international dam or reservoir means the
major international dam or reservoir situated farthest downstream.
(l) Highest major international dam or reservoir means
the major international dam or reservoir situated farthest upstream.
ARTICLE 2
The
International Boundary Commission established pursuant to the provisions of the
Convention between the United States and Mexico signed in Washington March 1,
1889[3] to facilitate the carrying out
of the principles contained in the Treaty of November 12, 1884[4] and to avoid difficulties
occasioned by reason of the changes which take place in the beds of the Rio
Grande (Rio Bravo) and the Colorado River shall hereafter be known as the
International Boundary and Water Commission, United States and Mexico, which
shall continue to function for the entire period during which the present
Treaty shall continue in force.
Accordingly, the term of the Convention of March 1, 1889 shall be
considered to be indefinitely extended, and the Convention of November 21, 1900[5] between the United States and
Mexico regarding that Convention shall be considered completely terminated.
The
application of the present Treaty, the regulation and exercise of the rights
and obligations which the two Governments assume thereunder, and the settlement
of all disputes to which its observance and execution may give rise are hereby
entrusted to the International Boundary and Water Commission, which shall
function in conformity with the powers and limitations set forth in this
Treaty.
The
Commission shall in all respects have the status of an international body, and
shall consist of a United States Section and a Mexican Section. The head of each Section shall be an
Engineer Commissioner. Wherever there
are provisions in this Treaty for joint action or joint agreement by the two
Governments, or for the furnishing of reports, studies or plans to the two Governments,
or similar provisions, it shall be understood that the particular matter in
question shall be handled by or through the Department of State of the United
States and the Ministry of Foreign Relations of Mexico.
The
Commission or either or its two Sections may employ such assistants and
engineering and legal advisers as it may deem necessary. Each Government shall accord diplomatic
status to the Commissioner, designated by the other Government. The Commissioner, two principal engineers, a
legal adviser, and a secretary, designated by each Government as members of its
Section of the Commission, shall be entitled in the territory of the other
country to the privileges and immunities appertaining to diplomatic officers. The Commission and its personnel may freely
carry out their observations, studies and field work in the territory of either
country.
The
jurisdiction of the Commission shall extend to the limitrophe parts of the Rio
Grande (Rio Bravo) and the Colorado River, to the land boundary between the two
countries, and to works located upon their common boundary, each Section of the
Commission retaining jurisdiction over that part of the works located within
the limits of its own country. Neither
Section shall assume jurisdiction or control over works located within the
limits of the country of the other without the express consent of the Government
of the latter. The works constructed,
acquired or used in fulfillment of the provisions of this Treaty and located
wholly within the territorial limits of either country, although these works
may be international in character, shall remain, except as herein otherwise
specifically provided, under the exclusive jurisdiction and control of the
Section of the Commission in whose country the works may be situated.
The
duties and powers vested in the Commission by this Treaty shall be in addition
to those vested in the International Boundary Commission by the Convention of
March 1, 1889 and other pertinent treaties and agreements in force between the
two countries except as the provisions of any of them may be modified by the
present Treaty.
Each
Government shall bear the expenses incurred in the maintenance of its Section
of the Commission. The joint expenses,
which may be incurred as agreed upon by the Commission, shall be borne equally
by the two Governments.
ARTICLE 3
In
matters in which the Commission may be called upon to make provision for the
joint use of international waters, the following order of preferences shall
serve as a guide:
1.
Domestic and municipal uses.
2.
Agriculture and stock-raising.
3.
Electric power.
4.
Other industrial uses.
5. Navigation.
6.
Fishing and hunting.
7. Any
other beneficial uses which may be determined by the Commission.
All of
the foregoing uses shall be subject to any sanitary measures or works which may
be mutually agreed upon by the two Governments, which hereby agree to give
preferential attention to the solution of all border sanitation problems.
II. RIO GRANDE (RIO BRAVO)
ARTICLE
4
The
waters of the Rio Grande (Rio Bravo) between Fort Quitman, Texas and the Gulf
of Mexico are hereby allotted to the two countries in the following manner:
A. To
Mexico:
(a) All of the waters reaching the main channel of the Rio Grande
(Rio Bravo) from the San Juan and Alamo Rivers, including the return flow from
the lands irrigated from the latter two rivers.
(b) One-half of the flow in the main channel of the Rio Grande
(Rio Bravo) below the lowest major international storage dam, so far as said
flow is not specifically allotted under this Treaty to either of the two
countries.
(c) Two-thirds of the flow reaching the main channel of the Rio
Grande (Rio Bravo) from the Conchos, San Diego, San Rodrigo, Escondido and
Salado Rivers and the Las Vacas Arroyo, subject to the provisions of
subparagraph (c) of Paragraph B of this Article.
(d) One-half of all other flows not otherwise allotted by this
Article occurring in the main channel of the Rio Grande (Rio Bravo), including
the contributions from all the unmeasured tributaries, which are those not
named in this Article, between Fort Quitman and the lowest major international
storage dam.
B. To
the United States:
(a) All of the waters reaching the main channel of the Rio Grande
(Rio Bravo) from the Pecos and Devils Rivers, Goodenough Spring, and Alamito,
Terlingua, San Felipe and Pinto Creeks.
(b) One-half of the flow in the main channel of the Rio Grande
(Rio Bravo) below the lowest major international storage dam, so far as said
flow is not specifically allotted under this Treaty to either of the two
countries.
(c) One-third of the flow reaching the main channel of the Rio
Grande (Rio Bravo) from the Conchos, San Diego, San Rodrigo, Escondido and
Salado Rivers and the Las Vacas Arroyo, provided that this third shall not be
less, as an average amount in cycles of five consecutive years, than 350,000
acre-feet (431,721,000 cubic meters) annually.
The United States shall not acquire any right by the use of the waters
of the tributaries named in this subparagraph, in excess of the said 350,000
acre feet (431,721,000 cubic meters) annually, except the right to use
one-third of the flow reaching the Rio Grande (Rio Bravo) from said
tributaries, although such one-third may be in excess of that amount.
(d) One-half of all other flows not otherwise allotted by this
Article occurring in the main channel of the Rio Grande (Rio Bravo), including
the contributions from all the unmeasured tributaries, which are those not
named in this Article, between Fort Quitman and the lowest major international
storage dam.
In the
event of extraordinary drought or serious accident to the hydraulic systems on
the measured Mexican tributaries, making it difficult for Mexico to make
available the run-off of 350,000 acre feet (431,721,000 cubic meters) annually,
allotted in subparagraph (c) of paragraph B of this Article to the United
States as the minimum contribution from the aforesaid Mexican tributaries, any
deficiencies existing at the end of the aforesaid five-year cycle shall be made
up in the following five-year cycle with water from the said measured
tributaries. Whenever the conservation
capacities assigned to the United States in at least two of the major
international reservoirs, including the highest major reservoir, are filled
with waters belonging to the United States, a cycle of five years shall be
considered as terminated and all debits fully paid, whereupon a new five-year
cycle shall commence.
ARTICLE 5
The
two Governments agree to construct jointly, through their respective Sections
of the Commission, the following works in the main channel of the Rio Grande
(Rio Bravo):
I. The dams required for the conservation, storage and
regulation of the greatest
II. The dams and other joint works required for the diversion of
the flow of the Rio Grande (Rio Bravo).
One of the storage dams shall be constructed in the
section between Santa Helena Canyon and the mouth of the Pecos River; one in
the section between Eagle Pass and Laredo, Texas (Piedras Negras and Nuevo
Laredo in Mexico); and a third in the section between Laredo and Roma, Texas
(Nuevo Laredo and San Pedro de Roma in Mexico). One or more of the stipulated dams may be omitted, and others
than those enumerated may be built, in either case as may be determined by the
Commission, subject to the approval of the two Governments.
In
planning the construction of such dams the Commission shall determine:
(a) The most feasible sites;
(b) The maximum feasible reservoir capacity at each site;
(c) The conservation capacity required by each country at each
site, taking into consideration the amount and regimen of its allotment of
water and its contemplated uses;
(d) The capacity required for retention of silt;
(e) The capacity required for flood control.
The
conservation and silt capacities of each reservoir shall be assigned to each
country in the same proportion as the capacities required by each country in
such reservoir for conservation purposes.
Each country shall have an undivided interest in the flood control
capacity of each reservoir.
The
construction of the international storage dams shall start within two years
following the approval of the approval of the respective plans by the two
Governments. The works shall begin with
the construction of the lowest major international storage dam, but works in
the upper reaches of the river may be constructed simultaneously. The lowest major international storage dam
shall be completed within a period of eight years from the date of the entry
into force of this Treaty.
The
construction of the dams and other joint works required for the diversion of
the flows of the river shall be initiated on the dates recommended by the
Commission and approved by the two Governments.
The
cost of construction, operation and maintenance of each of the international
storage dams shall be prorated between the two Governments in proportion to the
capacity allotted to each country for conservation purposes in the reservoir at
such dam.
The
cost of construction, operation and maintenance of each of the dams and other
joint works required for the diversion of the flows of the river shall be
prorated between the two Governments in proportion to the benefits which the
respective countries receive therefrom, as determined by the Commission and
approved by the two Governments.
ARTICLE 6
The
Commission shall study, investigate, and prepare plans for flood control works,
where and when necessary, other than those referred to in Article 5 of this
Treaty, on the Rio Grande (Rio Bravo) from Fort Quitman, Texas to the Gulf of
Mexico. These works may include levees
along the river, floodways and grade-control structures, and works for the
canalization, rectification and artificial channeling of reaches of the river. The Commission shall report to the two
Governments the works which should be built, the estimated cost thereof, the
part of the works to be constructed by each Government, and the part of the
works to be operated and maintained by each Section of the Commission. Each Government agrees to construct, through
its Section of the Commission, such works as may be recommended by the
Commission and approved by the two Governments. Each Government shall pay the costs of the works constructed by
it and the costs of operation and maintenance of the part of the works assigned
to it for such purpose.
ARTICLE 7
The
Commission shall study, investigate and prepare plans for plants for generating
hydro-electric energy which it may be feasible to construct at the
international storage dams on the Rio Grande (Rio Bravo). The Commission shall report to the two
Governments in a Minute the works which should be built, the estimated cost
thereof, and the part of the works to be constructed by each Government. Each Government agrees to construct, through
its Section of the Commission, such works as may be recommended by the
Commission and approved by the two Governments. Both Governments, through their respective Sections of the
Commission, shall operate and maintain jointly such hydro-electric plants. Each Government shall pay half the cost of
the construction, operation and maintenance of such plants, and the energy
generated shall be assigned to each country in like proportion.
ARTICLE 8
The
two governments recognize that both countries have a common interest in the
conservation and storage of waters in the international reservoirs and in the
maximum use of these structures for the purpose of obtaining the most
beneficial, regular and constant use of the waters belonging to them. Accordingly, within the year following the placing
in operation of the first of the major international storage dams which is
constructed, the Commission shall submit to each Government for its approval,
regulations for the storage, conveyance and delivery of the waters of the Rio
Grande (Rio Bravo) from Fort Quitman, Texas to the Gulf of Mexico. Such regulations may be modified, amended or
supplemented when necessary by the Commission, subject to the approval of the
two Governments. The following general
rules shall severally govern until modified or amended by agreement of the
Commission, with the approval of the two Governments:
(a) Storage in all major international reservoirs above the
lowest shall be maintained at the maximum possible water level, consistent with
flood control, irrigation use and power requirements.
(b) Inflows to each reservoir shall be credited to each country
in accordance with the ownership of such inflows.
(c) In any reservoir the ownership of water belonging to the
country whose conservation capacity therein is filled, and in excess of that
needed to keep it filled, shall pass to the other country to the extent that
such country may have unfilled conservation capacity, except that one country
may at its option temporarily use the conservation capacity of the other country
not currently being used in any of the upper reservoirs; provided that in the
event of flood discharge or spill occurring while one country is using the
conservation capacity of the other, all of such flood discharge or spill shall
be charged to the country using the other's capacity, and all inflow shall be
credited to the other country until the flood discharge or spill ceases or
until the capacity of the other country becomes filled with its own water.
(d) Reservoir losses shall be charged in proportion to the
ownership of water in storage. Releases
from any reservoir shall be charged to the country requesting them, except that
releases for the generation of electrical energy, or other common purpose,
shall be charged in proportion to the ownership of water in storage.
(e) Flood discharges and spills from the upper reservoirs shall
be divided in the same proportion as the ownership of the inflows occurring at
the time of such flood discharges and spills, except as provided in
subparagraph (c) of this Article. Flood
discharges and spills from the lowest reservoir shall be divided equally,
except that one country, with the consent of the Commission, may use such part
of the share of the other country as is not used by the latter country.
(f) Either of the two countries may avail itself, whenever it so
desires, of any water belonging to it and stored in the international
reservoirs, provided that the water so taken is for direct beneficial use or
for storage in other reservoirs. For
this purpose the Commissioner of the respective country shall give appropriate
notice to the Commission, which shall prescribe the proper measures for the
opportune furnishing of the water.
ARTICLE 9
(a) The channel of the Rio Grande (Rio Bravo) may be used by
either of the two countries to convey water belonging to it.
(b) Either of the two countries may, at any point on the main
channel of the river from Fort Quitman, Texas to the Gulf of Mexico, divert and
use the water belonging to it and may for this purpose construct any necessary
works. However, no such diversion or
use, not existing on the date this Treaty enters into force, shall be permitted
in either country, nor shall works be constructed for such purpose, until the
Section of the Commission in whose country the diversion or use is proposed has
made a finding that the water necessary for such diversion or use is available
from the share of that country, unless the Commission has agreed to a greater
diversion or use as provided by paragraph (d) of this Article. The proposed use and the plans for the
diversion works to be constructed in connection therewith shall be previously
made known to the Commission for its information.
(c) Consumptive uses from the main stream and from the
unmeasured tributaries below Fort Quitman shall be charged against the share of
the country making them.
(d) The Commission shall have the power to authorize either
country to divert and use water not belonging entirely to such country, when
the water belonging to the other country can be diverted and used without
injury to the latter and can be replaced at some other point on the river.
(e) The Commission shall have the power to authorize temporary
diversion and use by one country of water belonging to the other, when the
latter does not need it or is unable to use it, provided that such
authorization or the use of such water shall not establish any right to
continue to divert it.
(f) In case of the occurrence of an extraordinary drought in one
country with an abundant supply of water in the other country, water stored in
the international storage reservoirs and belonging to the country enjoying such
abundant water supply may be withdrawn, with the consent of the Commission, for
the use of the country undergoing the drought.
(g) Each country shall have the right to divert from the main
channel of the river any amount of water, including the water belonging to the
other country, for the purpose of generating hydro-electric power, provided
that such diversion causes no injury to the other country and does not
interfere with the international generation of power and that the quantities
not returning directly to the river are charged against the share of the
country making the diversion. The
feasibility of such diversions not existing on the date this Treaty enters into
force shall be determined by the Commission, which shall also determine the
amount of water consumed, such water to be charged against the country making
the diversion.
(h) In case either of the two countries shall construct works for
diverting into the main channel of the Rio Grande (Rio Bravo) or its
tributaries waters that do not at the time this Treaty enters into force
contribute to the flow of the Rio Grande (Rio Bravo) such water shall belong to
the country making such diversion.
(i) Main stream channel losses shall be charged in proportion to
the ownership of water being conveyed in the channel at the times and places of
the losses.
(j) The Commission shall keep a record of the waters belonging
to each country and of those that may be available at a given moment, taking
into account the measurement of the allotments, the regulation of the waters in
storage, the consumptive uses, the withdrawals, the diversions, and the
losses. For this purpose the Commission
shall construct, operate and maintain on the main channel of the Rio Grande
(Rio Bravo), and each Section shall construct, operate and maintain on the
measured tributaries in its own country, all the gaging stations and mechanical
apparatus necessary for the purpose of making computations and of obtaining the
necessary data for such record. The
information with respect to the diversions and consumptive uses on the unmeasured
tributaries shall be furnished to the Commission by the appropriate
Section. The cost of construction of
any new gaging stations located on the main channel of the Rio Grande (Rio
Bravo) shall be borne equally by the two Governments. The operation and maintenance of all gaging stations or the cost
of such operation and maintenance shall be apportioned between the two Sections
in accordance with determinations to be made by the Commission.
III. COLORADO RIVER
ARTICLE 10
Of the
waters of the Colorado River, from any and all sources, there are allotted to
Mexico:
(a) A guaranteed annual quantity of 1,500,000 acre-feet
(1,850,234,000 cubic meters) to be delivered in accordance with the provisions
of Article 15 of this Treaty.
(b) Any other quantities arriving at the Mexican points of diversion,
with the understanding that in any year in which, as determined by the United
States Section, there exists a surplus of waters of the Colorado River in
excess of the amount necessary to supply uses in the United States and the
guaranteed quantity of 1,500,000 acre-feet (1,850,234,000 cubic meters)
annually to Mexico, the United States undertakes to deliver to Mexico, in the
manner set out in Article 15 of this Treaty, additional waters of the Colorado
River system to provide a total quantity not to exceed 1,700,000 acre-feet
(2,096,931,000 cubic meters) a year.
Mexico shall acquire no right beyond that provided by this subparagraph
by the use of the waters of the Colorado River system, for any purpose whatsoever,
in excess of 1,500,000 acre-feet (1,850,234,000 cubic meters) annually.
In the
event of extraordinary drought or serious accident to the irrigation system in
the United States, thereby making it difficult for the United States to deliver
the guaranteed quantity of 1,500,000 acre-feet (1,850,234,000 cubic meters) a
year, the water allotted to Mexico under subparagraph (a) of this Article will
be reduced in the same proportion as consumptive uses in the United States are
reduced.
ARTICLE 11
(a) The United States shall deliver all water allotted to Mexico
wherever these waters may arrive in the bed of the limitrophe section of the
Colorado River, with the exceptions hereinafter provided. Such waters shall be made up of the waters
for the said river, whatever their origin, subject to the provisions of the
following paragraphs of this Article.
(b) Of the waters of the Colorado River allotted to Mexico by
subparagraph (a) of the Article 10 of this Treaty, the United States shall
deliver, wherever such waters may arrive in the limitrophe section of the
river, 1,000,000 acre-feet (1,233,489,000 cubic meters) annually from the time
the Davis dam and reservoir are placed in operation until January 1, 1980 and
thereafter 1,125,000 acre-feet (1,387,675,000 cubic meters) annually, except
that, should the main diversion structure referred to in subparagraph (a) of
Article 12 of this Treaty be located entirely in Mexico and should Mexico so
request, the United States shall deliver a quantity of water not exceeding
25,000 acre-feet (30,837,000 cubic meters) annually, unless a larger quantity
may be mutually agreed upon, at a point, to be likewise mutually agreed upon,
on the international land boundary near San Luis, Sonora, in which event the
quantities of 1,000,000 acre-feet (1,233,489,000 cubic meters) and 1,125,000
acre-feet (1,387,675,000 cubic meters) provided hereinabove as deliverable in
the limitrophe section of the river shall be reduced by the quantities to be
delivered in the year concerned near San Luis, Sonora.
(c) During the period from the time the Davis dam and reservoir
are placed in operation until January 1, 1980, the United States shall also
deliver to Mexico annually, of the water allotted to it, 500,000 acre-feet
(616,745,000 cubic meters), and thereafter the United States shall deliver
annually 375,000 acre-feet (462,558,000 cubic meters), at the international
boundary line, by means of the All-American Canal and a canal connecting the
lower end of the Pilot Knob Wasteway with the Alamo Canal or with any other
Mexican canal which may be substituted for the Alamo Canal. In either event the deliveries shall be made
at an operating water surface elevation not higher than that of the Alamo Canal
at the point where it crossed the
international boundary line in the year 1943.
(d) All the deliveries of water specified above shall be made
subject to the provisions of Article 15 of this Treaty.
ARTICLE 12
The
two Governments agree to construct the following works:
(a) Mexico shall construct at its expense, within a period of
five years from the date of the entry into force of this Treaty, a main
diversion structure below the point where the northernmost part of the
international land boundary line intersects the Colorado River. If such diversion structure is located in
the limitrophe section of the river, its location, design and construction
shall be subject to the approval of the Commission. The Commission shall thereafter maintain and operate the
structure at the expense of Mexico. Regardless of where such diversion
structure is located, there shall simultaneously be constructed such levees,
interior drainage facilities and other works, or improvements to existing
works, as in the opinion of the Commission shall be necessary to protect lands
within the United States against damage from such floods and seepage as might
result from the construction, operation and maintenance of this diversion
structure. These protective works shall
be constructed, operated and maintained at the expense of Mexico by the
respective Sections of the Commission, or under their supervision, each within
the territory of its own country.
(b) The United States, within a period of five years from the
date of the entry into force of this Treaty, shall construct in its own
territory and at its expense, and thereafter operate and maintain at its
expense, the Davis storage dam and reservoir, a part of the capacity of which
shall be used to make possible the regulation at the boundary of the waters to
be delivered to Mexico in accordance with the provisions of Article 15 of this
Treaty.
(c) The United States shall construct or acquire in its own
territory the works that may be necessary to convey a part of the waters of the
Colorado River allotted to Mexico to the Mexican diversion points on the
international land boundary line referred to in this Treaty. Among these works shall be included: the canal and other works necessary to
convey water from the lower end of the Pilot Knob Wasteway to the international
boundary, and, should Mexico request it, a canal to connect the main diversion
structure referred to in subparagraph (a) of this Article, if this diversion
structure should be built in the limitrophe section of the river, with the
Mexican system of canals at a point to be agreed upon by the Commission on the
international land boundary near San Luis, Sonora. Such works shall be constructed or acquired and operated and
maintained by the United States Section at the expense of Mexico. Mexico shall also pay the costs of any sites
or rights of way required for such works.
(d) The Commission shall construct, operate and maintain in the
limitrophe section of the Colorado River, and each Section shall construct,
operate and maintain in the territory of its own country on the Colorado River
below Imperial Dam and on all other carrying facilities used for the delivery
of water to Mexico, all necessary gaging stations and other measuring devices
for the purpose of keeping a complete record of the waters delivered to Mexico
and of the flows of the river. All data
obtained as to such deliveries and flows shall be periodically compiled and
exchanged between the two Sections.
ARTICLE 13
The
Commission shall study, investigate and prepare plans for flood control on the
Lower Colorado River between Imperial Dam and the Gulf of California, in both
the United States and Mexico, and shall, in a Minute, report to the two
Governments the works which should be built, the estimated cost thereof, and
the part of the works to be constructed by each Government. The two Governments agree to construct,
through their respective Sections of the Commission, such works as may be
recommended by the Commission and approved by the two Governments, each
Government to pay the costs of the works constructed by it. The Commission shall likewise recommend the
parts of the works to be operated and maintained jointly by the Commission and
the parts to be operated and maintained by each Section. The two Governments agree to pay in equal
shares the cost of joint operation and maintenance, and each Government agrees
to pay the cost of operation and maintenance of the works assigned to it for
such purpose.
ARTICLE 14
In
consideration of the use of the All-American Canal for the delivery to Mexico,
in the manner provided in Articles 11 and 15 of this Treaty, of a part of its
allotment of the waters of the Colorado River, Mexico shall pay to the United
States:
(a) A proportion of the costs actually incurred in the
construction of Imperial Dam and the Imperial Dam-Pilot Knob section of the
All-American Canal, this proportion and the method and terms of repayment to be
determined by the two Governments, which, for this purpose, shall take into
consideration the proportionate uses of these facilities by the two countries,
these determinations to be made as soon as Davis dam and reservoir are placed
in operation.
(b) Annually, a proportionate part of the total costs of
maintenance and operation of such facilities, these costs to be prorated
between the two countries in proportion to the amount of water delivered annually
through such facilities for use in each of the two countries.
In the
event that revenues from the sale of hydro-electric power which may be
generated at Pilot Knob become available for the amortization of part or all of
the costs of the facilities named in subparagraph (a) of this Article, the part
that Mexico should pay of the costs of said facilities shall be reduced or
repaid in the same proportion as the balance of the total costs are reduced or
repaid. It is understood that any such
revenue shall not become available until the cost of any works which may be
constructed for the generation of hydro-electric power at said location has
been fully amortized from the revenues derived therefrom.
A. The
water allotted in subparagraph (a) of Article 10 of this Treaty shall be
delivered to Mexico at the points of delivery specified in Article 11, in
accordance with the following two annual schedules of deliveries by months,
which the Mexican Section shall formulate and present to the Commission before
the beginning of each calendar year:
Schedule I
Schedule
I shall cover the delivery, in the limitrophe section of the Colorado River, of
1,000,000 acre-feet (1,233,498,000 cubic meters) of water each year from the
date Davis dam and reservoir are placed in operation until January 1, 1980 and
the delivery of 1,125,000 acre-feet (1,387,675,000 cubic meters) of water each
year thereafter. This schedule shall be
formulated subject to the following limitations:
With
reference to the 1,000,000 acre-foot (1,233,489,000 cubic meter) quantity:
(a) During the months of January, February, October, November and
December the prescribed rate of delivery shall be not less than 600 cubic feet
(17.0 cubic meters) nor more than 3,500 cubic feet (99.1 cubic meters) per
second.
(b) During the remaining months of the year the prescribed rate
of delivery shall be not less than 1,000 cubic feet (28.3 cubic meters) nor
more than 3,500 cubic feet (99.1 cubic meters) per second.
With reference to the 1,125,000
acre-foot (1,387,675,000 cubic meter) quantity:
(a) During the months of January, February, October, November and
December the prescribed rate of delivery shall be not less than 675 cubic feet
(19.1 cubic meters) nor more than 4,000 cubic feet (113.3 cubic meters) per
second.
(b) During the remaining months of the year the prescribed rate
of delivery shall be not less than 1,125 cubic feet (31.9 cubic meters) nor
more than 4,000 cubic feet (113.3 cubic meters) per second.
Should
deliveries of water be made at a point on the land boundary near San Luis,
Sonora, as provided for in Article 11, such deliveries shall be made under a
sub-schedule to be formulated and furnished by the Mexican Section. The Quantities and monthly rates of
deliveries under such sub-schedule shall be in proportion to those specified
for Schedule I, unless otherwise agreed upon by the Commission.
Schedule II
Schedule
II shall cover the delivery at the boundary line by means of the All-American
Canal of 500,000 acre-feet (616,745,000 cubic meters) of water each year from
the date Davis dam and reservoir are placed in operation until January 1, 1980
and the delivery of 375,000 acre-feet (462,558,000 cubic meters) of water each
year thereafter. This schedule shall be
formulated subject to the following limitations:
With
reference to the 500,000 acre-foot (616,745,000 cubic meter) quantity:
(a) During the months of January, February, October, November and
December the prescribed rate of delivery shall be not less than 300 cubic feet
(8.5 cubic meters) nor more than 2,000 cubic feet (56.6 cubic meters) per
second.
(b) During the remaining months of the year the prescribed rate
of delivery shall be not less than 500 cubic feet (14.2 cubic meters) nor more
than 2,000 cubic feet (56.6 cubic meters) per second.
With reference to the 375,000
acre-foot (462,558,000 cubic meter) quantity:
(a) During the months of January, February, October, November and
December the prescribed rate of delivery shall be not less than 225 cubic feet
(6.4 cubic meters) nor more than 1,500 cubic feet (42.5 cubic meters) per
second.
(b) During the remaining months of the year the prescribed rate
of delivery shall be not less than 375 cubic feet (10.6 cubic meters) nor more
than 1,500 cubic feet (42.5 cubic meters) per second.
B. The
United States shall be under no obligation to deliver, through the All-American
Canal, more than 500,000 acre-feet (616,745,000 cubic meters) annually from the
date Davis dam and reservoir are placed in operation until January 1, 1980 or
more than 375,000 acre-feet (462,558,000 cubic meters) annually thereafter. If, by mutual agreement, any part of the
quantities of water specified in this paragraph are delivered to Mexico at
points on the land boundary otherwise than through the All-American Canal, the
above quantities of water and the rates of deliveries set out under Schedule II
of this Article shall be correspondingly diminished.
C. The
United States shall have the option of delivering, at the point on the land
boundary mentioned in sub-paragraph (c) of Article 11, any part or all of the
water to be delivered at that point under Schedule II of this Article during
the months of January, February, October, November and December of each year,
from any source whatsoever, with the understanding that the total specified
annual quantities to be delivered through the All-American Canal shall not be
reduced because of the exercise of this option, unless such reduction be
requested by the Mexican Section, provided that the exercise of this option
shall not have the effect of increasing the total amount of scheduled water to
be delivered to Mexico.
D. In
any year in which there shall exist in the river water in excess of that
necessary to satisfy the requirements in the United States and the guaranteed
quantity of 1,500,000 acre-feet (1,850,234,000 cubic meters) allotted to
Mexico, the United States hereby declares its intention to cooperate with
Mexico in attempting to supply additional quantities of water through the
All-American Canal as such additional quantities are desired by Mexico, if such
use of the Canal and facilities will not be detrimental to the United States,
provided that the delivery of any additional quantities through the
All-American Canal shall not have the effect of increasing the total scheduled
deliveries to Mexico. Mexico hereby declares
its intention to cooperate with the United States by attempting to curtail
deliveries of water through the All-American Canal in years of limited supply,
if such curtailment can be accomplished without detriment to Mexico and is
necessary to allow full use of all available water supplies, provided that such
curtailment shall not have the effect of reducing the total scheduled
deliveries of water to Mexico.
E. In
any year in which there shall exist in the river water in excess of that
necessary to satisfy the requirements in the United States and the guaranteed
quantity of 1,500,000 acre-feet (1,850,234,000 cubic meters) allotted to
Mexico, the United States Section shall so inform the Mexican Section in order
that the latter may schedule such surplus water to complete a quantity up to a
maximum of 1,700,000 acre-feet (2,096,931,000 cubic meters). In this circumstance the total quantities to
be delivered under Schedules I and II shall be increased in proportion to their
respective total quantities and the two schedules thus increased shall be
subject to the same limitations as those established for each under paragraph A
of this Article.
F.
Subject to the limitations as to rates of deliveries and total quantities set
out in Schedules I and II, Mexico shall have the right, upon thirty days notice
in advance to the United States Section, to increase or decrease each monthly
quantity prescribed by those schedules by not more than 20% of the monthly
quantity.
G. The
total quantity of water to be delivered under Schedule I of paragraph A of this
Article may be increased in any year if the amount to be delivered under
Schedule II is correspondingly reduced and if the limitations as to rates of
delivery under each schedule are correspondingly increased and reduced.
In order
to improve existing uses and to assure any feasible further development, the
Commission shall study and investigate, and shall submit to the two Governments
for their approval:
(1) Recommendations for the equitable distribution between
the two countries of the waters of the Tijuana River system;
(2) Plans for storage and flood control to promote and develop
domestic, irrigation and other feasible uses of the waters of this system;
(3) An estimate of the cost of the proposed works and the manner
in which the construction of such works or the cost thereof should be divided
between the two Governments;
(4) Recommendations regarding the parts of the works to be
operated and maintained by the Commission and the parts to be operated and
maintained by each Section.
The
two Governments through their respective Sections of the Commission shall
construct such of the proposed works as are approved by both Governments, shall
divide the work to be done or the cost thereof, and shall distribute between
the two countries the waters of the Tijuana River system in the proportions
approved by the two Governments. The two Governments agree to pay in equal
shares the costs of joint operation and maintenance of the works involved, and
each Government agrees to pay the cost of operation and maintenance of the
works assigned to it for such purpose.
V. GENERAL PROVISIONS
The
use of the channels of the international rivers for the discharge of flood or
other excess waters shall be free and not subject to limitation by either
country, and neither country shall have any claim against the other in respect
of any damage caused by such use. Each
Government agrees to furnish the other Government, as far in advance as
practicable, any information it may have in regard to such extraordinary
discharges of water from reservoirs and flood flows on its own territory as may
produce floods on the territory of the other.
Each
Government declares its intention to operate its storage dams in such manner,
consistent with the normal operations of its hydraulic systems, as to avoid, as
far as feasible, material damage in the territory of the other.
Public
use of the water surface of lakes formed by international dams shall, when not
harmful to the services rendered by such dams, be free and common to both
countries, subject to the police regulations of each country in its territory,
to such general regulations as may appropriately be prescribed and enforced by
the Commission with the approval of the two Governments for the purpose of the
application of the provisions of this Treaty, and to such regulations as may
appropriately be prescribed and enforced for the same purpose by each Section
of the Commission with respect to the areas and borders of such parts of those
lakes as lie within its territory.
Neither Government shall use for military purposes such water surface
situated within the territory of the other country except by express agreement
between the two Governments.
ARTICLE 19
The
two Governments shall conclude such special agreements as may be necessary to
regulate the generation, development and disposition of electric power at
international plants, including the necessary provisions for the export of
electric current.
ARTICLE 20
The
two Governments shall, through their respective Sections of the Commission,
carry out the construction of works allotted to them. For this purpose, the
respective Sections of the Commission may make use of any competent public or
private agencies in accordance with the laws of the respective countries. With respect to such works as either Section
of the Commission may have to execute on the territory of the other, it shall,
in the execution of such works, observe the laws of the place where such works
are located or carried out, with the exceptions hereinafter stated.
All
materials, implements, equipment and repair parts intended for the
construction, operations and maintenance of such works shall be exempt from
import and export customs duties. The
whole of the personnel employed either directly or indirectly on the
construction, operation or maintenance of the works may pass freely from one
country to the other for the purpose of going to and from the place of location
of the works, without any immigration restrictions, passports or labor
requirements. Each Government shall
furnish, through its own Section of the Commission, convenient means of identification
to the personnel employed by it on the aforesaid works and verification
certificates covering all materials, implements, equipment and repair parts
intended for the works.
Each
Government shall assume responsibility for and shall adjust exclusively in
accordance with its own laws all claims arising within its territory in
connection with the construction, operation or maintenance of the whole or of
any part of the works herein agreed upon, or of any works which may, in the
execution of this Treaty, be agreed upon in the future.
ARTICLE 21
The
construction of the international dams and the formation of artificial lakes
shall produce no change in the fluvial international boundary, which shall
continue to be governed by existing treaties and conventions in force between
the two countries.
The
Commission shall, with the approval of the two Governments, establish in the
artificial lakes, by buoys or by other suitable markers, a practicable and
convenient line to provide for the exercise of the jurisdiction and control
vested by this Treaty in the Commission and its respective Sections. Such line shall also mark the boundary for
the application of the customs and police regulations of each country.
ARTICLE 22
The
provisions of the Convention between the United States and Mexico for the rectification
of the Rio Grande (Rio Bravo) in the El Paso-Juarez Valley signed on February
1, 1933[6], shall govern, so far as
delimitation of the boundary, distribution of jurisdiction and sovereignty, and
relations with private owners are concerned, in any places where works for the
artificial channeling, canalization or rectification of the Rio Grande (Rio
Bravo) and the Colorado River are carried out.
ARTICLE 23
The
two Governments recognize the public interest attached to the works required
for the execution and performance of this Treaty and agree to acquire, in
accordance with their respective domestic laws, any private property that may
be required for the construction of the said works, including the main
structures and their appurtenances and the construction materials therefor, and
for the operation and maintenance thereof, at the cost of the country within
which the property is situated, except as may be otherwise specifically
provided in this Treaty.
Each
Section of the Commission shall determine the extent and location of any
private property to be acquired within its own country and shall make the
necessary requests upon its Government for the acquisition of such property.
The
Commission shall determine the cases in which it shall become necessary to
locate works for the conveyance of water or electrical energy and for the
servicing of any such works, for the benefit of either of the two countries, in
the territory of the other country, in order that such works can be built
pursuant to agreement between the two Governments. Such works shall be subject to the jurisdiction and supervision
of the Section of the Commission within whose country they are located.
Construction
of the works built in pursuance of the provisions of this Treaty shall not
confer upon either of the two countries any rights either of property or of
jurisdiction over any part whatsoever of the territory of the other. These works shall be part of the territory
and be the property of the country wherein they are situated. However, in the case of any incidents
occurring on works constructed across the limitrophe part of a river and with
supports on both banks, the jurisdiction of each country shall be limited by
the center line of such works, which shall be marked by the Commission, without
thereby changing the international boundary.
Each
Government shall retain, through its own Section of the Commission and within
the limits and to the extent necessary to effectuate the provisions of this
Treaty, direct ownership, control and jurisdiction within its own territory and
in accordance with its own laws, over all real property including that within
the channel of any river -rights of way and rights in rem, that it may
be necessary to enter upon and occupy for the construction, operation or
maintenance of all the works constructed, acquired or used pursuant to this
Treaty. Furthermore, each Government
shall similarly acquire and retain in its own possession the titles, control
and jurisdiction over such works.
ARTICLE 24
The
International Boundary and Water Commission shall have, in addition to the
powers and duties otherwise specifically provided in this Treaty, the following
powers and duties:
(a) To initiate and carry on investigations and develop plans for
the works which are to be constructed or established in accordance with the
provisions of this and other treaties or agreements in force between the two
Governments dealing with boundaries and international waters; to determine, as
to such works, their location, size, kind and characteristic specifications; to
estimate the costs of such works; and to recommend the division of such costs
between the two Governments, the arrangements for the furnishing of the
necessary funds, and the dates for the beginning of the works, to the extent
that the matters mentioned in this subparagraph are not otherwise covered by
specific provisions of this or any other Treaty.
(b) To construct the works agreed upon or to supervise their
construction and to operate and maintain such works or to supervise their
operation and maintenance, in accordance with the respective domestic laws of
each country. Each Section shall have, to the extent necessary to give effect
to the provisions of this Treaty, jurisdiction over the works constructed
exclusively in the territory of its country whenever such works shall be
connected with or shall directly affect the execution of the provisions of this
Treaty.
(c) In general to exercise and discharge the specific powers and
duties entrusted to the Commission by this and other treaties and agreements in
force between the two countries, and to carry into execution and prevent the
violation of the provisions of those treaties and agreements. The authorities of each country shall aid
and support the exercise and discharge of these powers and duties, and each
Commissioner shall invoke when necessary the jurisdiction of the courts or
other appropriate agencies of his country to aid in the execution and
enforcement of these powers and duties.
(d) To settle all differences that may arise between the two
Governments with respect to the interpretation or application of this Treaty,
subject to the approval of the two Governments. In any case in which the Commissioners do not reach an agreement,
they shall so inform their respective governments reporting their respective
opinions and the grounds therefor and the points upon which they differ, for
discussion and adjustment of the difference through diplomatic channels and for
application where proper of the general or special agreements which the two
Governments have concluded for the settlement of controversies.
(e) To furnish the information requested of the Commissioners
jointly by the two Governments on matters within their jurisdiction. In the
event that the request is made by one Government alone, the Commissioner of the
other Government must have the express authorization of his Government in order
to comply with such request.
(f) The Commission shall construct, operate and maintain upon
the limitrophe parts of the international streams, and each Section shall
severally construct, operate and maintain upon the parts of the international
streams and their tributaries within the boundaries of its own country, such
stream gaging stations as may be needed to provide the hydrographic data
necessary or convenient for the proper functioning of this Treaty. The data so obtained shall be compiled and
periodically exchanged between the two Sections.
(g) The Commission shall submit annually a joint report to the
two Governments on the matters in its charge. The Commission shall also submit
to the two Governments joint reports on general or any particular matters at
such other times as it may deem necessary or as may be requested by the two
Governments.
ARTICLE 25
Except as otherwise specifically provided in this
Treaty, Articles III and VII of the Convention of March 1, 1889 shall govern
the proceedings of the Commission in carrying out the provisions of this
Treaty. Supplementary thereto the
Commission shall establish a body of rules and regulations to govern its
procedure, consistent with the provisions of this Treaty and of Articles III
and VII of the Convention of March 1, 1889 and subject to the approval of both
Governments.
Decisions of the Commission shall be recorded in the
form of Minutes done in duplicate in the English and Spanish languages, signed
by each Commissioner and attested by the Secretaries, and copies thereof
forwarded to each Government within three days after being signed. Except where the specific approval of the
two Governments is required by any provision of this Treaty, if one of the
Governments fails to communicate to the Commission its approval or disapproval
of a decision of the Commission within thirty days reckoned from the date of
the Minute in which it shall have been pronounced, the Minute in question and
the decisions which it contains shall be considered to be approved by that
Government. The Commissioners, within
the limits of their respective jurisdictions, shall execute the decisions of
the Commission that are approved by both Governments.
If either Government disapproves a decision of the
Commission the two Governments shall take cognizance of the matter, and if an
agreement regarding such matter is reached between the two Governments, the
agreement shall be communicated to the Commissioners, who shall take such
further proceedings as may be necessary to carry out such agreement.
VI. TRANSITORY PROVISIONS
ARTICLE 26
During a period of eight years from the date of the
entry into force of this Treaty, or until the beginning of operation of the
lowest major international reservoir on the Rio Grande (Rio Bravo), should it
be placed in operation prior to the expiration of said period, Mexico will
cooperate with the United States to relieve, in times of drought, any lack of
water needed to irrigate the lands now under irrigation in the Lower Rio Grande
Valley in the United States, and for this purpose Mexico will release water
from El Azucar reservoir on the San Juan River and allow that water to run
through its systems of canals back into the San Juan River in order that the
United States may divert such water from the Rio Grande (Rio Bravo). Such releases shall be made on condition
that they do not affect the Mexican irrigation system, provided that Mexico
shall, in any event, except in cases of extraordinary drought or serious
accident to its hydraulic works, release and make available to the United States
for its use the quantities requested, under the following conditions: that
during the said eight years there shall be made available a total of 160,000
acre-feet (197,358,000 cubic meters) and up to 40,000 acre-feet (49,340,000
cubic meters) in any one year; that the water shall be made available as
requested at rates not exceeding 750 cubic feet (21.2 cubic meters) per second;
that when the rates of flow requested and made available have been more than
500 cubic feet (14.2 cubic meters) per second the period of release shall not
extend beyond fifteen consecutive days; and that at least thirty days must
elapse between any two periods of release during which rates of flow in excess
of 500 cubic feet (14.2 cubic meters) per second have been requested and made available. In addition to the guaranteed flow, Mexico
shall release from El Azucar reservoir and conduct through its canal system and
the San Juan River, for use in the United States during periods of drought and
after satisfying the needs of Mexican users, any excess water that does not in
the opinion of the Mexican Section have to be stored and that may be needed for
the irrigation of lands which were under irrigation during the year 1943 in the
Lower Rio Grande Valley in the United States.
ARTICLE 27
The
provisions of Article 10, 11, and 15 of this Treaty shall not be applied during
a period of five years from the date of the entry into force of this Treaty, or
until the Davis dam and the major Mexican diversion structure on the Colorado
River are placed in operation, should these works be placed in operation prior
to the expiration of said period. In
the meantime Mexico may construct and operate at its expense a temporary
diversion structure in the bed of the Colorado River in territory of the United
States for the purpose of diverting water into the Alamo Canal, provided that
the plans for such structure and the construction and operation thereof shall
be subject to the approval of the United States Section. During this period of time the United States
will make available in the river at such diversion structure river flow not
currently required in the United States, and the United States will cooperate
with Mexico to the end that the latter may satisfy its irrigation requirements
within the limits of those requirements for lands irrigated in Mexico from the
Colorado River during the year 1943.
ARTICLE 28
This
Treaty shall be ratified and the ratifications thereof shall be exchanged in
Washington. It shall enter into force
on the day of the exchange of ratifications and shall continue in force until
terminated by another Treaty concluded for that purpose between the two
Governments.
In
witness whereof the respective Plenipotentiaries have signed this Treaty and
have hereunto affixed their seals.
Done
in duplicate in the English and Spanish languages, in Washington on this third
day of February, 1944.
FOR THE GOVERNMENT OF THE UNITED
STATES OF AMERICA:
CORDELL HULL (SEAL)
GEORGE S. MESSERSMITH (SEAL)
LAWRENCE M. LAWSON (SEAL)
FOR THE GOVERNMENT OF THE UNITED
MEXICAN STATES:
F. CASTILLO NAJERA (SEAL)
RAFAEL FERNANDEZ MACGREGOR (SEAL)
PROTOCOL
The
Government of the United States of America and the Government of the United
Mexican States agree and understand that:
Wherever,
by virtue of the provisions of the Treaty between the United States of America
and the United Mexican States, signed in Washington on February 3, 1944,
relating to the utilization of the waters of the Colorado and Tijuana Rivers
and of the Rio Grande from Fort Quitman, Texas, to the Gulf of Mexico, specific
functions are imposed on, or exclusive jurisdiction is vested in, either of the
Sections of the International Boundary and Water Commission, which involve the
construction or use of works for storage or conveyance of water, flood control,
stream gaging, or for any other purpose, which are situated wholly within the
territory of the country of that Section, and which are to be used only partly
for the performance of treaty provisions, such jurisdiction shall be exercised,
and such functions, including the construction, operation and maintenance of
the said works, shall be performed and carried out by the Federal agencies of
that country which now or hereafter may be authorized by domestic law to
construct, or to operate and maintain, such works. Such functions or jurisdictions shall be exercised in conformity
with the provisions of the Treaty and in cooperation with the respective
Section of the Commission, to the end that all international obligations and
functions may be coordinated and fulfilled.
The
works to be constructed or used on or along the boundary, and those to be
constructed or used exclusively for the discharge of treaty stipulations, shall
be under the jurisdiction of the Commission or of the respective Section, in
accordance with the provisions of the Treaty.
In carrying out the construction of such works the Sections of the
Commission may utilize the services of public or private organizations in
accordance with the laws of their respective countries.
This
Protocol, which shall be regarded as an integral part of the aforementioned
Treaty signed in Washington on February 3, 1944, shall be ratified and the
ratifications thereof shall be exchanged in Washington. This Protocol shall be effective beginning
with the day of the entry into force of the Treaty and shall continue effective
so long as the Treaty remains in force.
In
witness whereof the respective Plenipotentiaries have signed this Protocol and
have hereunto affixed their seals.
Done
in duplicate, in the English and Spanish languages, in Washington, this
fourteenth day of November, 1944.
FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA:
E.R. STETTINIUS, JR. (SEAL)
Acting Secretary of State of the
United States of America.
FOR THE GOVERNMENT OF THE UNITED MEXICAN STATES:
F. CASTILLO NAJERA (SEAL)
Ambassador Extraordinary and Plenipotentiary
of the United Mexican States in Washington.
[Source: The Hoover Dam Documents 1948, Appendix 1405, pgs. A821-A885]