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 Treaty of 1944 (59 Stat. 1219) for the joint
1-3 management of the water resources of the Rio Grande; and
1-4 WHEREAS, In ratifying the treaty between the United States
1-5 and Mexico regulating the use of the waters of the Rio Grande
1-6 between the United States and Mexico, the United States Senate
1-7 declared that the treaty was not to be construed as authorizing the
1-8 secretary of state or United States Section or Commissioner of the
1-9 International Boundary and Water Commission "directly or indirectly
1-10 to alter or control the distribution of water to users within the
1-11 territorial limits of any of the individual States"; and
1-12 WHEREAS, The State of Texas is the owner of the waters in the
1-13 streams located within Texas, including the waters of the Rio
1-14 Grande, with the power to appropriate and administer such waters;
1-15 and
1-16 WHEREAS, Under the treaty Texas has the custodianship of the
1-17 United States' allocation of water; and
1-18 WHEREAS, A long-term drought in the northern states of the
1-19 Republic of Mexico has reduced the flow of the Rio Conchos which
1-20 supplies the majority of the water available in the lower Rio
1-21 Grande; and
1-22 WHEREAS, The Republic of Mexico's allocation of water from
1-23 the lower Rio Grande will be depleted by June of 1995, and the
2-1 water allocation due to the State of Texas is sufficient until
2-2 December of 1995 for both agricultural and municipal uses but
2-3 thereafter will be sufficient only for municipal uses; and
2-4 WHEREAS, The Republic of Mexico determined on April 28, 1995,
2-5 that it would not limit agricultural use of its allocation, thereby
2-6 failing to conserve water for municipal use; and
2-7 WHEREAS, The Texas-Mexico border has a combined population of
2-8 at least 3.6 million and a current growth rate of above two
2-9 percent; and
2-10 WHEREAS, The population on the Mexican side of the Rio Grande
2-11 is 40 percent greater than the Texas side and will be endangered by
2-12 imminent shortage of water; and
2-13 WHEREAS, The reduced flow of water in the Rio Grande,
2-14 combined with inadequate wastewater treatment on the Mexican side,
2-15 creates a serious public health concern for the residents of both
2-16 sides of the border; and
2-17 WHEREAS, The shortage of water threatens agriculture on both
2-18 sides of the border with a potential economic impact ranging from
2-19 $500 million to $1.5 billion in Texas alone; and
2-20 WHEREAS, Future water supply crises are inevitable in the
2-21 absence of effective, comprehensive, basin-wide planning; and
2-22 WHEREAS, The natural resource agencies of the State of Texas
2-23 are highly qualified in resource management and planning; and
2-24 WHEREAS, There is great need to coordinate the efforts of the
2-25 various boards and commissions related to border health and
3-1 environment, including the Border Health Commission and the Good
3-2 Neighbor Commission, to respond effectively to this crisis; and
3-3 WHEREAS, The failure of the United States Government to
3-4 develop a joint plan for the effective long-term management of the
3-5 water resources of the Rio Grande basin has exacerbated the current
3-6 crisis; and
3-7 WHEREAS, The United States Congress established the North
3-8 American Commission for Environmental Cooperation under the
3-9 provisions of the North American Free Trade Agreement to mediate
3-10 between the NAFTA partners on environmental issues; and
3-11 WHEREAS, The United States Secretary of State is charged with
3-12 diplomatic relations between the United States and its NAFTA
3-13 partners; now, therefore, be it
3-14 RESOLVED, That the 74th Legislature of the State of Texas
3-15 hereby respectfully urge the President of the United States to
3-16 direct the secretary of state to employ the North American
3-17 Commission for Environmental Cooperation to enter into diplomatic
3-18 negotiations with the Republic of Mexico with the intent to reach
3-19 an accord on the effective management of the water resources of the
3-20 Rio Grande; and, be it further
3-21 RESOLVED, That the 74th Legislature of the State of Texas
3-22 hereby respectfully urge the president to call for the coordination
3-23 of existing commissions and boards relating to border health and
3-24 environment; and, be it further
3-25 RESOLVED, That the 74th Legislature of the State of Texas
4-1 hereby respectfully urge the President of the United States to
4-2 direct the secretary of state to make appropriate arrangements with
4-3 the Republic of Mexico whereby the resource management agencies of
4-4 the State of Texas may cooperate directly with their counterparts
4-5 in the Republic of Mexico in formulating a comprehensive plan for
4-6 the management of the water resources of the Rio Grande.