OCR Text |
Show 462 INTERNATIONAL TREATIES 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 com- mon interest in the conservation and storage of waters in the inter- national 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 fol- lowing 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, con- veyance and delivery of the waters of the Eio 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 coun- try 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 con- servation capacity of the other country not currently being used in any of the upper reservoirs; provided that in the event of flood dis- charge 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 owner- ship 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 occur- ring 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 |