1 | 1 | | 85R26950 RMA-D |
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2 | 2 | | By: Lucio III H.C.R. No. 135 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | CONCURRENT RESOLUTION |
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6 | 6 | | WHEREAS, The United States and Mexico entered into a treaty |
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7 | 7 | | regarding the utilization of waters of the Colorado and Tijuana |
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8 | 8 | | Rivers and of the Rio Grande on February 3, 1944; and |
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9 | 9 | | WHEREAS, Article 4 of the treaty allots to Mexico two-thirds |
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10 | 10 | | of the flow into the main channel of the Rio Grande from the |
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11 | 11 | | Upstream Mexican Tributaries, which consist of the Conchos, San |
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12 | 12 | | Diego, San Rodrigo, Escondido, and Salado Rivers and Las Vacas |
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13 | 13 | | Arroyo, with one-third allotted to the United States; and |
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14 | 14 | | WHEREAS, Article 4(B)(c) of the treaty provides that the |
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15 | 15 | | one-third flow from the Upstream Mexican Tributaries to the United |
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16 | 16 | | States shall not be less than 350,000 acre-feet per year on an |
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17 | 17 | | annual average basis over a five-year period; and |
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18 | 18 | | WHEREAS, Flows from the Upstream Mexican Tributaries enter |
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19 | 19 | | the Rio Grande below Fort Quitman and above or into the Amistad and |
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20 | 20 | | Falcon Reservoirs; those flows not only benefit downstream water |
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21 | 21 | | users in Texas but also provide needed instream flows for |
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22 | 22 | | recreation and area ecosystems; and |
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23 | 23 | | WHEREAS, In 2015, the International Boundary and Water |
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24 | 24 | | Commission and Texas representatives arranged for the commission to |
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25 | 25 | | accept deliveries from the Rio San Juan, a Mexican tributary below |
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26 | 26 | | the Falcon Reservoir, which would be credited against delivery |
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27 | 27 | | obligations from the Upstream Mexican Tributaries, to the extent |
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28 | 28 | | that those waters could be diverted and utilized by Texas water |
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29 | 29 | | users; and |
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30 | 30 | | WHEREAS, By crediting deliveries from the Rio San Juan or |
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31 | 31 | | other downstream Mexican tributaries, the delivery obligations for |
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32 | 32 | | the Upstream Mexican Tributaries would be reduced by a three-to-one |
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33 | 33 | | ratio, since with each acre-foot credited, the stretch of the Rio |
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34 | 34 | | Grande between Fort Quitman and the Falcon Reservoir is deprived of |
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35 | 35 | | a total of three acre-feet of needed instream flows; and |
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36 | 36 | | WHEREAS, Crediting deliveries from the Rio San Juan or other |
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37 | 37 | | downstream Mexican tributaries against delivery obligations of the |
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38 | 38 | | Upstream Mexican Tributaries directly contravenes the provisions |
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39 | 39 | | set forth in the 1944 U.S.-Mexico water treaty; now, therefore, be |
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40 | 40 | | it |
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41 | 41 | | RESOLVED, That the 85th Legislature of the State of Texas |
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42 | 42 | | hereby urge the International Boundary and Water Commission to |
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43 | 43 | | follow the express terms of the 1944 U.S.-Mexico water treaty in |
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44 | 44 | | determining which flows are allowed to be credited against delivery |
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45 | 45 | | obligations for the Upstream Mexican Tributaries; and, be it |
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46 | 46 | | further |
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47 | 47 | | RESOLVED, That the Texas Legislature hereby express its |
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48 | 48 | | opposition to the International Boundary and Water Commission |
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49 | 49 | | providing further credits to Mexico for water deliveries from the |
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50 | 50 | | Rio San Juan or other downstream Mexican tributaries against |
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51 | 51 | | Mexico's delivery obligations from the Upstream Mexican |
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52 | 52 | | Tributaries; and, be it further |
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53 | 53 | | RESOLVED, That the Texas secretary of state forward official |
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54 | 54 | | copies of this resolution to the Texas governor, the Texas Water |
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55 | 55 | | Development Board, the Texas Commission on Environmental Quality, |
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56 | 56 | | and the International Boundary and Water Commission. |
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