85R26950 RMA-D
By: Lucio III H.C.R. No. 135
CONCURRENT RESOLUTION
WHEREAS, The United States and Mexico entered into a treaty
regarding the utilization of waters of the Colorado and Tijuana
Rivers and of the Rio Grande on February 3, 1944; and
WHEREAS, Article 4 of the treaty allots to Mexico two-thirds
of the flow into the main channel of the Rio Grande from the
Upstream Mexican Tributaries, which consist of the Conchos, San
Diego, San Rodrigo, Escondido, and Salado Rivers and Las Vacas
Arroyo, with one-third allotted to the United States; and
WHEREAS, Article 4(B)(c) of the treaty provides that the
one-third flow from the Upstream Mexican Tributaries to the United
States shall not be less than 350,000 acre-feet per year on an
annual average basis over a five-year period; and
WHEREAS, Flows from the Upstream Mexican Tributaries enter
the Rio Grande below Fort Quitman and above or into the Amistad and
Falcon Reservoirs; those flows not only benefit downstream water
users in Texas but also provide needed instream flows for
recreation and area ecosystems; and
WHEREAS, In 2015, the International Boundary and Water
Commission and Texas representatives arranged for the commission to
accept deliveries from the Rio San Juan, a Mexican tributary below
the Falcon Reservoir, which would be credited against delivery
obligations from the Upstream Mexican Tributaries, to the extent
that those waters could be diverted and utilized by Texas water
users; and
WHEREAS, By crediting deliveries from the Rio San Juan or
other downstream Mexican tributaries, the delivery obligations for
the Upstream Mexican Tributaries would be reduced by a three-to-one
ratio, since with each acre-foot credited, the stretch of the Rio
Grande between Fort Quitman and the Falcon Reservoir is deprived of
a total of three acre-feet of needed instream flows; and
WHEREAS, Crediting deliveries from the Rio San Juan or other
downstream Mexican tributaries against delivery obligations of the
Upstream Mexican Tributaries directly contravenes the provisions
set forth in the 1944 U.S.-Mexico water treaty; now, therefore, be
it
RESOLVED, That the 85th Legislature of the State of Texas
hereby urge the International Boundary and Water Commission to
follow the express terms of the 1944 U.S.-Mexico water treaty in
determining which flows are allowed to be credited against delivery
obligations for the Upstream Mexican Tributaries; and, be it
further
RESOLVED, That the Texas Legislature hereby express its
opposition to the International Boundary and Water Commission
providing further credits to Mexico for water deliveries from the
Rio San Juan or other downstream Mexican tributaries against
Mexico's delivery obligations from the Upstream Mexican
Tributaries; and, be it further
RESOLVED, That the Texas secretary of state forward official
copies of this resolution to the Texas governor, the Texas Water
Development Board, the Texas Commission on Environmental Quality,
and the International Boundary and Water Commission.