OCR Text |
Show such facilities or works may not be herein specifically enumerated. For the purpose of defining the respective jurisdiction and function of the Department of State, the Department of the Interior and their respective agencies represented thereby, respecting facilities which have been heretofore, or, which hereafter may be constructed or hereafter used in connection with the performance of treaty provisions: (a) the term "works" and the term "facilities" shall be construed as embracing either or both works and facilities, and (b) For the purpose of this memorandum, the term "works located upon their common boundary," as used in the treaty, and the term "on * the boundary" wherever used in the treaty or the protocol, shall have application only to works or features of works situated partly in both countries. For the purpose of this memorandum the term "along the boundary," as used in the protocol, shall have application only to works or the features of works located in such proximity to the boundary and of such a character as to control or affect the regimen or flow of the boundary sections of the Rio Grande or Colorado River, as determined by the Secretary of State after consultation with the Secretary of the Interior and, in the event they shall not be in accord as to such determination, with the approval of the President. The provisions of this subdivision of this memorandum shall not be construed to affect: (1) the allocation of works as to jurisdiction or function, or both, made elsewhere in this memorandum, (2) the regulatory jurisdiction of the Commission or the United States Section arising under prior existing treaties and Acts of Congress. (c) Nothing in this memorandum shall be construed as affecting, limiting, or modifying the functions and activities of the United States Geological Survey, or of the United States Section, respectively, with respect to stream gaging and other water resources investigations. 2. The United States Section shall consult with the Bureau with respect to the plans contemplated by subsection (2) of Article 16 of the treaty relating to the Tijuana River. 3. The Department of State and the Department of the Interior, and their respective agencies, the United States Section and the Bureau, in the exercise of their respective jurisdictions and performance of their respective functions, will cooperate with each other, among other things, as to effecting, to the extent permissible by law, assignment of personnel, transfer of funds and exchange of information to the end that there may be fulfilled the provisions of the treaty, as supplemented by the protocol, and the Reclamation Law and all other Acts of Congress pertaining to the functions of the Department of the Interior as to the investigation, 117 |