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Show CHAPTER XIII 219 The immediate action referred to by President Nixon was formalized as Minute No. 241 of the International Boundary and Water Commission (IBWC) on July 14, 1972, and replaced Minute No. 218. It was anticipated that operation thereunder would result in an estimated average annual reduction of at least 100 p/m as compared to 1971. Minute No. 241 provided that the United States would discharge Wellton-Mohawk drainage water below Morelos Dam at the annual rate of 118,000 acre-feet per year. In place thereof, amounting to 73,000 acre-feet during the balance of 1972, the United States would substitute an equal quantity of other waters, or an additional 41,000 acre-feet of water released from above Imperial Dam and 32,000 acre-feet of water pumped from 12 wells on the Yuma Mesa. The result was that the total deliveries to Mexico exceeded the 1.5 maf/yr guaranteed by the Treaty since the bypassed Wellton-Mohawk drain waters were not counted as Treaty waters. This reduced the average annual salinity of water delivered to Mexico from 1,242 p/m in 1971 to 1,141 p/m for the year ending June 30, 1972. Under Minute No. 241, Mexico further requested that the United States discharge the balance of the Wellton-Mohawk drainage waters (95,550 acre-feet) below Morelos Dam, for which no substitution was to be made, and which was charged to Mexico's 1.5 maf Treaty deliveries. This resulted in a further decrease of the average salinity from 1,140 p/m to 980 p/m for the year ending June 30, 1973. This was about 130 p/m higher than the mean salinity of water arriving at Imperial Dam for the same period (Holbert, supra). (see Appendix 1302 for text of Minute No. 241). £. Permanent and Definitive Solution to International Salinity Problem On August 16, 1972, President Nixon designated former Attorney General Herbert Brownell, Jr., as his special representative with the assignment of finding a permanent solution to the Mexican salinity problem. A Federal task force consisting of representatives from a number of major departments, including Interior, State, Agriculture, Environmental Protection Agency, and the Office of Management and Budget, was formed to assist Mr. Brownell. He also met with the Committee of Fourteen to seek its advice. Mr. Brownell submitted his report to the President on December 31, 1972. The Colorado River Basin States supported the concepts of the Brownell report, subject to certain actions to avoid damage to the Colorado River Basin States. The actions requested by the States included the following: (1) The Federal Government should assume responsibility for replacement of the reject brine stream from the proposed desalting plant. (2) A strengthened research program to increase the recovery rate to 90 percent of the treated water. (3) Authorization of salinity programs upstream from Imperial Dam in addition to programs to implement the agreement with Mexico. (4) The agreement with Mexico not to injure landowners in the United States. (5) Power needs for the desalting plant not to be obtained from existing preference customers (see Committee of Fourteen statement, Serial No. 93-45, page 221). Shortly thereafter, President Nixon appointed Mr. Brownell as a Special Ambassador and negotiations commenced between him and the Mexican representatives in the spring of 1973. Some of the conflicting internal views Mr. Brownell had to consider were the State Department's desire for a negotiated settlement of the problem to avoid further continued differences with Mexico and the possibility of a solution imposed by a third party such as the World Court; the desire of the Office of Management and Budget for an inexpensive solution; the concern of the seven Basin States that the solution not involve a permanent commitment to Mexico of water deliveries beyond the 1.5 maf/yr required by the Treaty although the Basin States did not object to deliveries in excess thereof on a temporary basis in order to reach a practical solution; and Mexico's position that it receive the same quality water as was delivered to United States water users from diversions at Imperial Dam, as well as a claim for damages caused by the saline waters since 1961. Agreement was reached between Ambassador Brownell and Secretary of Foreign Relations of Mexico, Emilio O. Rabasa, in the latter part of August and was approved by the two Presidents on August 30, 1973. |