Texas 2017 - 85th Regular

Texas House Bill HCR135 Compare Versions

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11 85R26950 RMA-D
22 By: Lucio III H.C.R. No. 135
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55 CONCURRENT RESOLUTION
66 WHEREAS, The United States and Mexico entered into a treaty
77 regarding the utilization of waters of the Colorado and Tijuana
88 Rivers and of the Rio Grande on February 3, 1944; and
99 WHEREAS, Article 4 of the treaty allots to Mexico two-thirds
1010 of the flow into the main channel of the Rio Grande from the
1111 Upstream Mexican Tributaries, which consist of the Conchos, San
1212 Diego, San Rodrigo, Escondido, and Salado Rivers and Las Vacas
1313 Arroyo, with one-third allotted to the United States; and
1414 WHEREAS, Article 4(B)(c) of the treaty provides that the
1515 one-third flow from the Upstream Mexican Tributaries to the United
1616 States shall not be less than 350,000 acre-feet per year on an
1717 annual average basis over a five-year period; and
1818 WHEREAS, Flows from the Upstream Mexican Tributaries enter
1919 the Rio Grande below Fort Quitman and above or into the Amistad and
2020 Falcon Reservoirs; those flows not only benefit downstream water
2121 users in Texas but also provide needed instream flows for
2222 recreation and area ecosystems; and
2323 WHEREAS, In 2015, the International Boundary and Water
2424 Commission and Texas representatives arranged for the commission to
2525 accept deliveries from the Rio San Juan, a Mexican tributary below
2626 the Falcon Reservoir, which would be credited against delivery
2727 obligations from the Upstream Mexican Tributaries, to the extent
2828 that those waters could be diverted and utilized by Texas water
2929 users; and
3030 WHEREAS, By crediting deliveries from the Rio San Juan or
3131 other downstream Mexican tributaries, the delivery obligations for
3232 the Upstream Mexican Tributaries would be reduced by a three-to-one
3333 ratio, since with each acre-foot credited, the stretch of the Rio
3434 Grande between Fort Quitman and the Falcon Reservoir is deprived of
3535 a total of three acre-feet of needed instream flows; and
3636 WHEREAS, Crediting deliveries from the Rio San Juan or other
3737 downstream Mexican tributaries against delivery obligations of the
3838 Upstream Mexican Tributaries directly contravenes the provisions
3939 set forth in the 1944 U.S.-Mexico water treaty; now, therefore, be
4040 it
4141 RESOLVED, That the 85th Legislature of the State of Texas
4242 hereby urge the International Boundary and Water Commission to
4343 follow the express terms of the 1944 U.S.-Mexico water treaty in
4444 determining which flows are allowed to be credited against delivery
4545 obligations for the Upstream Mexican Tributaries; and, be it
4646 further
4747 RESOLVED, That the Texas Legislature hereby express its
4848 opposition to the International Boundary and Water Commission
4949 providing further credits to Mexico for water deliveries from the
5050 Rio San Juan or other downstream Mexican tributaries against
5151 Mexico's delivery obligations from the Upstream Mexican
5252 Tributaries; and, be it further
5353 RESOLVED, That the Texas secretary of state forward official
5454 copies of this resolution to the Texas governor, the Texas Water
5555 Development Board, the Texas Commission on Environmental Quality,
5656 and the International Boundary and Water Commission.