114 CONVENTION WITH MEXICO FOR THE UPPER RIO GRANDE Convention providing for the equitable distribution of the waters of the Rio Grande for irrigation purposes. (Signed at Washington, May 21, 1906; ratification advised by the Senate, June 26, 1906; ratified by the President, December 26, 1906; ratified by Mexico, January 5, 1907; ratifications exchanged at Washington, January 16, 1907; proclaimed, January 16, 1907; 34 Stat. 2953) The United States of America and the United States of Mexico being desirous to provide for the equitable distribution of the waters of the Rio Grande for irrigation purposes, and to remove all causes of controversy between them in respect thereto, and being moved by considerations of international comity, have resolved to conclude a convention for these purposes and have named as their plenipotentiaries: The President of the United States of America, Elihu Root, Secretary of State of the United States; and The President of the United States of Mexico, His Excellancy Senor Don Joaquin D. Casasus, ambassador extraordinary and plenipotentiary of the United States of Mexico at Washington. Who, after having exhibited their respective full powers, which were found to be in good and due form, have agreed upon the following articles: ARTICLE I After the completion of the proposed storage dam near Engle, New Mexico, and the distributing system auxiliary thereto, and as soon as water shall be available in said system for the purpose, the United States shall deliver to Mexico a total of 60,000 acre-feet of water annually, in the bed of the Rio Grande at the point where the head works of the Acequia Madre, known as the Old Mexican Canal now exist above the city of Juarez, Mexico. ARTICLE II The delivery of the said amount of water shall be assured by the United States and shall be distributed through the year in the same proportions as the water supply proposed to be furnished from the said irrigation system to lands in the United States in the vicinity of El Paso, Texas, according to the following schedule, as nearly as may be possible: In case, however, of extraordinary drought or serious accident to the irrigation system in the United States, the amount delivered to the Mexican Canal shall be diminished in the same proportion as the water delivered to lands under said irrigation system in the United States. ARTICLE III The said delivery shall be made without cost to Mexico, and the United States agrees to pay the whole cost of storing the said quantity of water to be delivered to Mexico, of conveying the same to the international line, of measuring the said water, and of delivering it in the river bed above the head of the Mexican Canal. It is understood that the United States assumes no obligation beyond the delivering of the water in the bed of the river above the head of the Mexican Canal. ARTICLE IV The delivery of water as herein provided is not to be construed as a recognition. by the United States of any claim on the part of Mexico to the said waters; and it is agreed that in consideration of such delivery of water Mexico waives any and all claims to the waters of the Rio Grande for any purpose whatever between 114 CONVENTION WITH MEXICO FOR THE UPPER RIO GRANDE Convention providing for the equitable distribution of the waters of the Rio Grande for irrigation purposes. (Signed at Washington, May 21, 1906; ratification advised by the Senate, June 26, 1906; ratified by the President, December 26, 1906; ratified by Mexico, January 5, 1907; ratifications exchanged at Washington, January 16, 1907; proclaimed, January 16, 1907; 34 Stat. 2953) The United States of America and the United States of Mexico being desirous to provide for the equitable distribution of the waters of the Rio Grande for irrigation purposes, and to remove all causes of controversy between them in respect thereto, and being moved by considerations of international comity, have resolved to conclude a convention for these purposes and have named as their plenipotentiaries: The President of the United States of America, Elihu Root, Secretary of State of the United States; and The President of the United States of Mexico, His Excellancy Senor Don Joaquin D. Casasus, ambassador extraordinary and plenipotentiary of the United States of Mexico at Washington. Who, after having exhibited their respective full powers, which were found to be in good and due form, have agreed upon the following articles: ARTICLE I After the completion of the proposed storage dam near Engle, New Mexico, and the distributing system auxiliary thereto, and as soon as water shall be available in said system for the purpose, the United States shall deliver to Mexico a total of 60,000 acre-feet of water annually, in the bed of the Rio Grande at the point where the head works of the Acequia Madre, known as the Old Mexican Canal now exist above the city of Juarez, Mexico. ARTICLE II The delivery of the said amount of water shall be assured by the United States and shall be distributed through the year in the same proportions as the water supply proposed to be furnished from the said irrigation system to lands in the United States in the vicinity of El Paso, Texas, according to the following schedule, as nearly as may be possible: In case, however, of extraordinary drought or serious accident to the irrigation system in the United States, the amount delivered to the Mexican Canal shall be diminished in the same proportion as the water delivered to lands under said irrigation system in the United States. ARTICLE I The said delivery shall be made without cost to Mexico, and the United States agrees to pay the whole cost of storing the said quantity of water to be delivered to Mexico, of conveying the same to the international line, of measuring the said water, and of delivering it in the river bed above the head of the Mexican Canal. It is understood that the United States assumes no obligation beyond the delivering of the water in the bed of the river above the head of the Mexican Canal. ARTICLE IV The delivery of water as herein provided is not to be construed as a recognition. by the United States of any claim on the part of Mexico to the said waters; and it is agreed that in consideration of such delivery of water Mexico waives any and all claims to the waters of the Rio Grande for any purpose whatever between 116 RIO GRANDE CONVENTION WITH MEXICO the head of the present Mexican Canal and Fort Quitman, Texas, and also declares fully settled and disposed of, and hereby waives, all claims heretofore asserted or existing, or that may hereafter arise, or be asserted, against the United States on account of any damages alleged to have been sustained by the owners of land in Mexico by reason of the diversion by citizens of the United States of waters of the Rio Grande. ARTICLE V The United States in entering into this treaty does thereby concede, expressly or by implication, any legal basis for any claims heretofore asserted or which may be hereafter asserted by reason of any losses incurred by the owners of land in Mexico due or alleged to be due to the diversion of the waters of the Rio Grande within the United States; nor does the United States in any way concede the establishment of any general principle or precedent by the concluding of this treaty. The understanding of both parties is that the arrangement contemplated by this treaty extends only to the portion of the Rio Grande which forms the international boundary from the head of the Mexican Canal down to Fort Quitman, Texas, and in no other case. ARTICLE VI The present convention shall be ratified by both contracting parties in accordance with their constitutional procedure, and the ratification shall be exchanged at Washington as soon as possible. In witness whereof the respective plenipotentiaries have signed the convention, both in the English and Spanish languages, and have thereunto affixed their seals. Done in duplicate at the City of Washington this 21st day of May, 1906. Cross Reference, Elephant Butte Dam and the Rio Grande Project. The Engle Dam referred to in Article I was completed in 1916 and renamed the Elephant Butte Dam. In addition to its function in providing storage to meet the water delivery obligation to Mexico under the 1906 Convention, the dam also provides irrigation water for the Rio Grande reclamation project, New Mexico and Texas, as authorized by the Act of February 25, 1905, 33 Stat. 814. The 1905 Act appears herein in chronological order, and annotations of opinions and further cross references regarding the Rio Grande project appear thereunder. Cross Reference, American Diversion Dam and Rio Grande Canalization Project. In order to provide better control, measurement and use of the water released from Elephant Butte storage, for purposes both of the Rio Grande reclamation project and the water delivery obligation to Mexico, the United States Section of the International Boundary Commission was authorized in 1935 to construct a new diversion dam just above the point where the river becomes the international boundary, and was authorized in 1936 to improve the river channel between there and Caballo Dam. The two authorizing acts of August 29, 1935, 49 Stat. 961, and June 4, 1936, 49 Stat. 1463, appear herein in chronological order. International Boundary Commission. The International Boundary Commission was created pursuant to the Convention with Mexico of March 1, 1889 (effective December 24, 1890), 26 Stat. 1512. It was reconstituted the International Boundary and Water Commission, United States and Mexico, by the Treaty with Mexico of Feb |