By: Truan S.C.R. No. 155
SENATE CONCURRENT RESOLUTION
1-1 WHEREAS, The United States and the Republic of Mexico entered
1-2 into the Rio Grande Convention of 1906 (34 Stat. 2953) and the Rio
1-3 Grande Treaty of 1944 (59 Stat. 1219) for the joint management of
1-4 the water resources of the Rio Grande; and
1-5 WHEREAS, In ratifying the treaty between the United States
1-6 and Mexico regulating the use of the waters of the Rio Grande
1-7 between the United States and Mexico, the United States Senate
1-8 declared that the treaty was not to be construed as authorizing the
1-9 secretary of state or United States Section or Commissioner of the
1-10 International Boundary and Water Commission "directly or indirectly
1-11 to alter or control the distribution of water to users within the
1-12 territorial limits of any of the individual States"; and
1-13 WHEREAS, The State of Texas is the owner of the waters in the
1-14 streams located within Texas and water rights to the waters of the
1-15 Rio Grande, with the power to appropriate and administer such
1-16 waters; and
1-17 WHEREAS, Under the treaty Texas has the custodianship of the
1-18 United States' allocation of water; and
1-19 WHEREAS, A long-term drought in the northern states of the
1-20 Republic of Mexico has reduced the flow of the Rio Conchos which
1-21 supplies the majority of the water available in the lower Rio
1-22 Grande; and
1-23 WHEREAS, The Republic of Mexico's allocation of water from
2-1 the lower Rio Grande will be depleted by June of 1995, and the
2-2 water allocation due to the State of Texas is sufficient until
2-3 December of 1995 for both agricultural and municipal uses but
2-4 thereafter will be sufficient only for municipal uses; and
2-5 WHEREAS, The Republic of Mexico determined on April 28, 1995,
2-6 that it would not limit agricultural use of its allocation, thereby
2-7 failing to conserve water for municipal use; and
2-8 WHEREAS, The Texas-Mexico border has a combined population of
2-9 at least 3.6 million and a current growth rate of above two
2-10 percent; and
2-11 WHEREAS, The population on the Mexican side of the Rio Grande
2-12 is 40 percent greater than the Texas side and will be endangered by
2-13 imminent shortage of water; and
2-14 WHEREAS, The reduced flow of water in the Rio Grande,
2-15 combined with inadequate wastewater treatment on the Mexican side,
2-16 creates a serious public health concern for the residents of both
2-17 sides of the border; and
2-18 WHEREAS, The shortage of water threatens agriculture on both
2-19 sides of the border with a potential economic impact ranging from
2-20 $500 million to $1.5 billion in Texas alone; and
2-21 WHEREAS, Future water supply crises are inevitable in the
2-22 absence of effective, comprehensive, basin-wide planning; and
2-23 WHEREAS, The natural resource agencies of the State of Texas
2-24 are highly qualified in resource management and planning; and
2-25 WHEREAS, There is great need to coordinate the efforts of the
3-1 various boards and commissions related to border health and
3-2 environment, including the Border Health Commission and the Good
3-3 Neighbor Environmental Board, to respond effectively to this
3-4 crisis; and
3-5 WHEREAS, The failure of the United States Government to
3-6 develop a joint plan for the effective long-term management of the
3-7 water resources of the Rio Grande basin has exacerbated the current
3-8 crisis; and
3-9 WHEREAS, The United States Congress established the North
3-10 American Commission for Environmental Cooperation under the
3-11 provisions of the North American Free Trade Agreement to mediate
3-12 between the NAFTA partners on environmental issues; and
3-13 WHEREAS, The United States Secretary of State is charged with
3-14 diplomatic relations between the United States and its NAFTA
3-15 partners; now, therefore, be it
3-16 RESOLVED, That the 74th Legislature of the State of Texas
3-17 hereby respectfully urge the President of the United States to
3-18 direct the secretary of state to employ the North American
3-19 Commission for Environmental Cooperation to enter into diplomatic
3-20 negotiations with the Republic of Mexico with the intent to reach
3-21 an accord on the effective management of the water resources of the
3-22 Rio Grande; and, be it further
3-23 RESOLVED, That the 74th Legislature of the State of Texas
3-24 hereby respectfully urge the president to call for the coordination
3-25 of existing commissions and boards relating to border health and
4-1 environment; and, be it further
4-2 RESOLVED, That the 74th Legislature of the State of Texas
4-3 hereby respectfully urge the President of the United States to
4-4 direct the secretary of state to make appropriate arrangements with
4-5 the Republic of Mexico whereby the resource management agencies of
4-6 the State of Texas may cooperate directly with their counterparts
4-7 in the Republic of Mexico in formulating a comprehensive plan for
4-8 the management of the water resources of the Rio Grande.