| OCR Text |
Show 482 INTERNATIONAL TREATIES by whom the water so apportioned and allocated should be used upon being diverted. Increases in diversion to and use upon either side is prohibited except upon the condition stated. We think it was in- tended by the parties to the treaty that to each nation should be left the power of making determinations, pursuant to its own law, of those who are, may become, or cease to be, entitled to the use of the waters secured by the treaty to such nation, and their relative rights among themselves. If any intent had been present to create or protect or give a priority to individual property rights of one group resulting in the diminution or divestment of those of another group, the operative language would have been couched in more explicit terms." It found this conclusion reinforced by paragraph (c) of the Senate resolution quoted above and affirmed the order of the District Court dismissing the suit. Salinity control, Colorado River.-On March 22, 1965, the Presi- dents of the United States and Mexico approved the recommendations of the International Boundary and Water Commission on steps to be taken to improve the quality of the water reaching Morelos Dam in Mexico from the United1 States. In substance, the principal recom- mendation called for construction of an extension of an existing drain serving the Wellton-Mohawk division of the Gila Federal reclamation project in Arizona so that the drain could be operated to empty into the Colorado River either below or above Morelos Dam as circum- stances warranted. This would then permit control of the salinity of the water impounded by and diverted from Morelos Dam for irriga- tion use in Mexico. Other recommendations dealt with the minimum flows to be maintained at the limitrophe section of the river over and above the Wellton-Mohawk drain contribution, the timing and volume of pumping from the more saline wells on the Wellton-Mohawk lands, and the possible discontinuance of use of certain wasteways of the Yuma County Water Users' Association. The text of the International Boundary and Water Commission's recommendations is set out in 52 Department of State Bulletin 556 (1965). Flood control, Colorado River.-The Act of August 10, 1964 (78 Stat. 386) authorized an agreement to be concluded with Mexico "for emergency flood control measures of international character in the reaches of the lower Colorado River between Imperial Dam and the Gulf of Mexico, in both the United States and Mexico, such agree- ments to provide: (a) for the joint clearing and maintaining free of trees and brush the bed and banks of the channel; for removing sediment deposits from the river channel; and (b) for corrective actions to guard1 against sedimentation and consequent aggradation of the river channel incident to desilting operations at diversion dams in the two countries * * *." Loan of water, Colorado River.-By exchange of notes dated August 24, 1966, the United States agreed to supply Mexico with 40,535 acre-feet of Colorado River water during the last four months of that year over and above the regular treaty deliveries. It was agreed between the two governments that the same amount of water would be withheld from delivery during 1967 or, if the 1967 run-off forecast turned out^ to be 8.5 million acre-feet or more, over the three-year period beginning that year. Mexico agreed to reimburse the United |
