| OCR Text |
Show RIO GRANDE, COLORADO, TIJUANA TREATY 463 use or for storage in other reservoirs. For this purpose the Commis- sioner of the respective country shall give appropriate notice to the Commission, which shall prescribe the proper measures for the op- portune furnishing of the water. ARTICLE 9 (a) The channel of the Rio Grande (Eio 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 per- mitted in either country, nor shall works be constructed for such pur- pose, until the Section of the Commission in whose country the di- version 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 pro- vided by paragraph (d) of this Article. The proposed use and the plans for the diversion works to be constructed in connection there- with shall be previously made known to the Commission for its information. (c) Consumptive uses from the main stream and from the unmeas- ured 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 coun- try 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stored in the international storage reservoirs and belonging to the country enjoying such abundant water supply may be withdrawn, with the consent of the Commission, for the use of the country under- going the drought.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 belong- ing 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. |
