1973, Minute No. 242 of the International Boundary and Water Commission, is that definitive solution. This agreement with Mexico brings to an end twelve years of controversy regarding the quality of water the United States may deliver to Mexico. Although the treaty contains no specific provisions relating to the quality of water delivered, it does provide for the settlement of differences with respect to the interpretation or application of the treaty by the International Boundary and Water Commission subject to the approval of the two Governments. Minute No. 242 constituted such a settlement, which the Presidents of the two countries have approved, subject to the enactment by the Congress of legislation authorizing the appropriation of the funds needed to carry out its provisions. Implementation of the agreement will require a reduction in the salinity of the waters delivered at present to Mexico. Desiring to accomplish this reduction with the least burden on the United States and its water users, the Department of State, on the advice of Mr. Brownell, its technical advisers, and other Departments, has provided in the draft bill for the minimum works and other measures necessary for this purpose. In this agreement the United States makes three major commitments. First and principally, we agree to adopt measures to assure that no later than July 1, 1974, subject to the authorization by the Congress of funds for the necessary works, the approximately 1,360,000 acre-feet of Colorado River waters delivered to Mexico above its Morelos Diversion Dam will have an annual average salinity of no more than 115±30 parts per million (ppm) over the annual average salinity of Colorado River waters arriving at Imperial Dam, i.e., those delivered to the lowermost major downstream users in the United States. This means that while Mexico will accept delivery of waters somewhat more saline than those used in the United States, the United States must remove from those waters the adverse effect of the highly saline drain waters pumped and discharged to the river by the Wellton-Mohawk Irrigation and Drainage District of Arizona. It is proposed to attain this average annual differential by a combination of improvements to reduce drain flows from the Wellton-Mohawk Project and by construction of a desalting plant. When completed, presently scheduled for 1978, the desalting plant would treat a major portion of the Wellton-Mohawk drain water, so that, in combination with the untreated Wellton-Mohawk drain water, it may be delivered to Mexico within the agreed differential. A detailed description of this plant as planned appears in the enclosed Special Report dated September 1973 prepared for the Department by the Department of the Interior. During an interim period, while desalting facilities are being constructed, the United States would bypass all the Wellton-Mohawk drain water without change to Mexico against its guaranteed treaty allotment, and would substitute higher quality water that would be delivered to Mexico in place of it. This better water would at first be borrowed from storage reservoirs and, later, be made up in large part of water saved by concrete-lining a 49-mile reach of the Coachella Canal in southern California. The lining would save economically an estimated 132,000 acre-feet of water annually, which would be temporarily available for use by the Federal Government until the amount borrowed from storage is paid back or the Secretary of the Interior reduces deliveries of mainstream Colorado River water to California to 4.4 million acre-feet annually. The water saved will represent a part of California's entitlement from the Colorado River. The highly saline reject stream from the desalting plant, containing the salts removed from the drain water, would be kept separate and conveyed by a drain directly to the international boundary, and thence through Mexico to the Santa Clara Slough on the Gulf of California. Under the agreement the Government of Mexico would construct, operate, and maintain the part of the drain located in Mexico. As its second major commitment, the United States would assume the cost of building, operating, and maintain of the part in Mexico, which must be concrete-lined to prevent the highly saline water from infiltrating into the groundwaters of Mexico. In order to keep the construction and operating cost of the desalting plant to a minimum, the volume of drain water from the Wellton-Mohawk District should be reduced. For this purpose the bill would authorize assistance to District water users in improving the efficiency of their operations, and authorize a reduction in the existing authorized irrigable acreage of the District. The third commitment undertaken by the United States is to support Mexican efforts to obtain appropriate financing on favorable terms for the improvement and rehabilitation of the Mexicali Valley where Mexico uses its Colorado River waters, and to provide on a mutually acceptable basis a grant for those aspects of the rehabilitation program in the Mexicali Valley directly related to salinity, including tile drainage. When a mutually acceptable basis has been arrived at, the Department will submit a report and recommendations to the Congress on this matter. The Government of Mexico undertakes two major commitments. It accepts in effect as a part of its treaty allotment all drainage inflows to the river below Imperial Dam except untreated Wellton-Mohawk drain waters. This includes the delivery of 140,000 acre-feet annually, consisting largely of drain water, near San Luis on the land boundary and in the boundary section of the river downstream from Morelos Dam. This water may be more saline than that delivered above Morelos Dam. The Mexican Government also agreed to a mutual limitation of groundwater pumping within five miles of the Arizona-Sonora boundary near San Luis to 160,000 acre-feet annually on each side, pending the conclusion of a comprehensive agreement on groundwater in border areas. Mexico is already pumping at this rate, and as a consequence beginning to draw on waters underlying the United States and to diminish the surface flow to Mexico at San Luis. The agreement was phrased so that the United States could without question pump a like amount on its side to reduce the loss of underground waters and surface flows caused by Mexican pumping. The Department will continue to work with Mexican officials on a comprehensive agreement on groundwater in the border areas. Finally, the two Governments recognized the agreement as the permanent and definitive solution of the salinity problem. They agreed to consult with each other before undertaking any development of surface or groundwater resources in the border area which might adversely affect the other country. This agreement has very considerable advantages for the United States. Above all, it removes the uncertainties of the effect the salinity problem might have caused on further development of the Colorado River Basin. As long as the two Governments might have had to resort to international adjudication, a part of the Basin's water would have been in jeopardy. If, however, as is proposed, we draw on the financial and technological rather than on the water resources of the United States to comply with the agreement, we will limit the potential loss of water to the Colorado River Basin to the practical minimum, i.e., essentially to the highly saline reject stream from the desalting plant that is not replaced until feasible ways are found to augment the flows of the Colorado River. By limiting Mexican pumping near the Arizona boundary to the presently installed capacity, the agreement prevents Mexico from increasing its pumping in that area. The agreement also recognizes that the United States may undertake pumping at similar levels to conserve its own groundwaters and to maintain deliveries to Mexico at San Luis. In respect to our international relations, the agreement removes a problem which has plagued our relations with Mexico for more than a decade. It demonstrates once again the willingness of the United States to revolve its differences with other countries, as well as our will and ability to find constructive ways to do so. We hope that it will encourage other countries, particularly of this Hemisphere, to try to resolve constructively and amicably the difficult problems persisting between them. The currently estimated cost of the settlement is considerable. It can be broken down as follows, in thousands of dollars: III. Coachella Canal lining, California.. IV. Acquisition of lands at Painted Rock Reservoir, Ariz... Total.____ 1 Construction of this project will be carried out by the Department of the Interior pursuant to the authorization provided in the Rehabilitation and Betterment Act (63 Stat. 724). The Department of State proposes to enter into a contract with the Interior Department and the Coachella Valley County Water District for Federal reimbursement of the annual repayment obligations for the temporary Federal use of the water saved by the canal lining. 2 These lands would be required only if it is determined that the Corps of Engineers must hold fee title to such lands in Painted Rock Reservoir to regulate the dam during and after periods of serious flooding to enable the United States to comply with its obligations under Minute No. 242. While annual operation and maintenance costs cannot be precisely estimated at this time, they are expected to amount to about $9,850,000, excluding $1,360,000 for the repayment obligation for lining the Coachella Canal during the period (about 7 years) when the water saved by the project is made available to the United States for its use. Mr. Brownell, together with the inter-agency Task Force assisting him, systematically studied all elements of the possible solutions to the problem with Mexico. The alternative proposed herein, which was recommended by them and approved by the President, is considered to be the most practicable solution to this international problem. Every effort will be made, as provided in the draft bill, to design and operate the projects with the objective of carrying out its purpose at the least overall cost to the United States. It is envisaged that the Department will receive assistance from the Department of the Interior for the design and construction of the proposed desalting plant and for carrying out some of the proposed measures in the Wellton-Mohawk Project. However, the Department will retain overall responsibility for these measures as well as for the others to ensure that the obligations of the international agreement are fulfilled. Under the agreement Mexico will not receive further improvement in its water until the Congress enacts enabling legislation. It was understood in the negotiation of the agreement that every effort would be made to expedite the legislative process. Mexican officials are already concerned that we have required so much time to prepare a legislative package for the Congress. It is incumbent on all to move swiftly on all steps relating to the legislation. The Office of Management and Budget advises that enactment of this legislation is in accord with the President's program. Sincerely yours, STANTON D. ANDERSON, Acting Assistant Secretary for Congressional Relations, Department of State. Enclosures. A BILL To authorize the measures necessary to carry out the provisions of Minute No. 242 of the International Boundary and Water Commission, concluded pursuant to the Water Treaty of 1944 with Mexico (TIAS 994), entitled "Permanent and Definitive Solution to the International Problem of the Salinity of the Colorado River." Whereas Minute No. 242 has been concluded under the authority of the Water Treaty of 1944, and Whereas, the U.S. Section, International Boundary and Water Commission, is the U.S. agency designated in the Water Treaty of 1944 to undertake the works necessary on the part of the United States to implement the treaty, or other agreements in force between the two governments dealing with boundaries and boundary waters, and Whereas the measures necessary to implement Minute No. 242 include a desalting complex that extends on both sides of the boundary between the United States and Mexico in addition to works located wholly within the United States. Be it enacted by the Senate and the House of Representatives of the United States of America in Congress assembled, That the Secretary of State is authorized, through the Commissioner of the U.S. Section, International Boundary and Water Commission, who shall consult with the Secretary of the Interior and may delegate such authority to the Secretaries of Agriculture, the Army, and the Interior, and the Administrator of the Environmental Protection Agency, to: (a) Construct, operate, and maintain a desalting complex, including a desalting plant within the boundaries of the United States and a bypass drain for the discharge of the reject stream from the plant and other Wellton-Mohawk drain water to the Santa Clara Slough in Mexico, with the part in Mexico to be constructed by the appropriate agencies of the Government of Mexico with funds transferred through the Commission. (b) Accelerate cooperative management programs with the Wellton-Mohawk Irrigation and Drainage District for the purpose of reducing saline drainage flows by improving irrigation efficiency. The District shall pay for its share of the costs of such cooperative programs. (c) Acquire to the extent determined by him to be necessary, lands or interest in lands within the Wellton-Mohawk Division, Gila project, to reduce the 75,000 irrigable acres authorized by the Act of July 30, 1947 (61 Stat. 628), known as the Gila River Re-authorization Act, and to dispose of or use such lands or interests therein on terms consistent with the objective of this Act. The initial reduction in irrigable acreage shall be limited to approximately 10,000 acres, provided that additional acreage may be acquired, as may be deemed appropriate for the purpose of meeting the obligations of Minute No. 242. (d) Assist water users in the Wellton-Mohawk Irrigation and Drainage District in installing onfarm systems, as a means of reducing saline drainage flows through improved irrigation efficiencies. (e) In consideration of the purchase of irrigable lands and the associated increased cost of operation and maintenance of the irrigation system of the Wellton-Mohawk Irrigation and Drainage District, appropriately reduce repayment obligations of the District to the United States under existing contracts. (f) Contract with the Coachella Valley County Water District to provide for reimbursement by the United States for its use of the water saved through the rehabilitation and betterment of the Coachella Canal as a temporary source of water for meeting the obligations of Minute No. 242. (g) In consideration of capacity to be relinquished in the All-American and Coachella Canals as a result of the rehabilitation and betterment of the Coachella Canal, appropriately reduce repayment obligations of the Imperial Irrigation District to the United States under existing contracts. (h) For purposes of the rehabilitation and betterment of the Coachella Canal, acquire to the extent determined by him to be necessary lands or interest in lands within the Imperial Irrigation District on the East Imperial Mesa which receive, or which have been granted rights to receive, water from Imperial Irrigation District's capacity in the Coachella Canal and to dispose of or use such lands or interests therein on terms consistent with the obligations of Minute No. 242. The costs associated with acquiring such lands or interests in such lands shall be inIcluded in the total cost of the rehabilitation and betterment of the Coachella Canal. (i) Acquire on behalf of the United States such lands or interest in lands in the Painted Rock Reservoir as may be necessary to operate the project in accordance with the obligations of Minute No. 242. Sec. 2. The projects authorized herein shall be designed and operated separately or in combination with the objective of carrying out the purpose of this Act at the least overall cost to the United States. Unless otherwise herein specified, all costs associated with carrying out the provisions of this Act shall be borne by the United States; Provided, That nothing in Sec. 1(d) of this Act will relieve water users of costs required to be incurred for complying with the Federal Water Pollution Control Act, as amended. Sec. 3. Replacement of the reject stream from the desalting plant, and of any Wellton-Mohawk drainage water resulting from essential operations, bypassed to the Santa Clara Slough, except at such times when there exist surplus waters of the Colorado River under the terms of the 1944 Water Treaty, is recognized as a national obligation as provided in section 202 of the Colorado River Basin Project Act. Studies to identify feasible measures to provide adequate replacement water shall be completed not later than June 30, 1980. Replacement of the reject stream bypassed to the Santa Clara Slough shall begin on the date such augmentation of the Colorado River occurs. Sec. 4. There are hereby authorized to be appropriated to the Secretary of State for the use of the U.S. Commissioner, International Boundary and Water Commission, such funds as may be necessary to carry out this Act. Sec 5. This Act may be cited as the "International Salinity Control Project, Colorado River." --1 PERMANENT AND DEFINITIVE SOLUTION TO THE COLORADO. The Commission met at the Secretariat of La Comisión se reunió en la Secretaría Foreign Relations, at Mexico, D.F., at 5:00 de Relaciones Exteriores, en México, D.F., p.m. on August 30, 1373, pursuant to the in- a las 17:00 horas del 30 de agosto de 1973, structions received by the two Commissioners en cumplimiento de las instrucciones que re from their respective Governments, in order cibieron los dos Comisionados de sus respec to incorporate in a Minute of the Commission tivos Gobiernos, a fin de incorporar en una the joint recommendations which were made to Acta de la Comisión las recomendaciones con their respective Presidents by the Special juntas que hicieron a sus respectivos Presi Representative of President Richard Nixon, -dentes el Secretario de Relaciones ExterioAmbassador Herbert Brownell, and the Secreres de México, Lic. Emilio 0. Rabasa, y el tary of Foreign Relations of Mexico, Lic. Representante Especial del Presidente Emilio 0. Rabasa, and which have been ap- Richard Nixon, Embajador Herbert Brownell, y proved by the Presidents, for a permanent que fueron aprobadas por los Presidentes, and definitive solution of the international para una solución permanente y definitiva problem of the salinity of the Colorado del problema internacional de la salinidad River, resulting from the negotiations which del Río Colorado, como resultado de las nethey, and their technical and juridical ad- gociaciones que, con sus asesores técnicos v visers, held in June, July and August of 1973, in compliance with the references to this matter contained in the Joint Communique of Presidents Richard Nixon and Luis Echeverría of June 17, 1972. - jurídicos, tuvieron en junio, julio y agosto |