1-1 By: Truan S.C.R. No. 155
1-2 (In the Senate - Filed May 12, 1995; May 12, 1995, read first
1-3 time and referred to Committee on International Relations, Trade,
1-4 and Technology; May 17, 1995, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 9, Nays 0;
1-6 May 17, 1995, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.C.R. No. 155 By: Truan
1-8 SENATE CONCURRENT RESOLUTION
1-9 WHEREAS, The United States and the Republic of Mexico entered
1-10 into the Rio Grande Convention of 1906 (34 Stat. 2953) and the Rio
1-11 Grande Treaty of 1944 (59 Stat. 1219) for the joint management of
1-12 the water resources of the Rio Grande; and
1-13 WHEREAS, In ratifying the treaty between the United States
1-14 and Mexico regulating the use of the waters of the Rio Grande
1-15 between the United States and Mexico, the United States Senate
1-16 declared that the treaty was not to be construed as authorizing the
1-17 secretary of state or United States Section or Commissioner of the
1-18 International Boundary and Water Commission "directly or indirectly
1-19 to alter or control the distribution of water to users within the
1-20 territorial limits of any of the individual States"; and
1-21 WHEREAS, The State of Texas is the owner of the waters in the
1-22 streams located within Texas and water rights to the waters of the
1-23 Rio Grande, with the power to appropriate and administer such
1-24 waters; and
1-25 WHEREAS, Under the treaty Texas has the custodianship of the
1-26 United States' allocation of water; and
1-27 WHEREAS, A long-term drought in the northern states of the
1-28 Republic of Mexico has reduced the flow of the Rio Conchos which
1-29 supplies the majority of the water available in the lower Rio
1-30 Grande; and
1-31 WHEREAS, The Republic of Mexico's allocation of water from
1-32 the lower Rio Grande will be depleted by June of 1995, and the
1-33 water allocation due to the State of Texas is sufficient until
1-34 December of 1995 for both agricultural and municipal uses but
1-35 thereafter will be sufficient only for municipal uses; and
1-36 WHEREAS, The Republic of Mexico determined on April 28, 1995,
1-37 that it would not limit agricultural use of its allocation, thereby
1-38 failing to conserve water for municipal use; and
1-39 WHEREAS, The Texas-Mexico border has a combined population of
1-40 at least 3.6 million and a current growth rate of above two
1-41 percent; and
1-42 WHEREAS, The population on the Mexican side of the Rio Grande
1-43 is 40 percent greater than the Texas side and will be endangered by
1-44 imminent shortage of water; and
1-45 WHEREAS, The reduced flow of water in the Rio Grande,
1-46 combined with inadequate wastewater treatment on the Mexican side,
1-47 creates a serious public health concern for the residents of both
1-48 sides of the border; and
1-49 WHEREAS, The shortage of water threatens agriculture on both
1-50 sides of the border with a potential economic impact ranging from
1-51 $500 million to $1.5 billion in Texas alone; and
1-52 WHEREAS, Future water supply crises are inevitable in the
1-53 absence of effective, comprehensive, basin-wide planning; and
1-54 WHEREAS, The natural resource agencies of the State of Texas
1-55 are highly qualified in resource management and planning; and
1-56 WHEREAS, There is great need to coordinate the efforts of the
1-57 various boards and commissions related to border health and
1-58 environment, including the Border Health Commission and the Good
1-59 Neighbor Commission, to respond effectively to this crisis; and
1-60 WHEREAS, The failure of the United States Government to
1-61 develop a joint plan for the effective long-term management of the
1-62 water resources of the Rio Grande basin has exacerbated the current
1-63 crisis; and
1-64 WHEREAS, The United States Congress established the North
1-65 American Commission for Environmental Cooperation under the
1-66 provisions of the North American Free Trade Agreement to mediate
1-67 between the NAFTA partners on environmental issues; and
1-68 WHEREAS, The United States Secretary of State is charged with
2-1 diplomatic relations between the United States and its NAFTA
2-2 partners; now, therefore, be it
2-3 RESOLVED, That the 74th Legislature of the State of Texas
2-4 hereby respectfully urge the President of the United States to
2-5 direct the secretary of state to employ the North American
2-6 Commission for Environmental Cooperation to enter into diplomatic
2-7 negotiations with the Republic of Mexico with the intent to reach
2-8 an accord on the effective management of the water resources of the
2-9 Rio Grande; and, be it further
2-10 RESOLVED, That the 74th Legislature of the State of Texas
2-11 hereby respectfully urge the president to call for the coordination
2-12 of existing commissions and boards relating to border health and
2-13 environment; and, be it further
2-14 RESOLVED, That the 74th Legislature of the State of Texas
2-15 hereby respectfully urge the President of the United States to
2-16 direct the secretary of state to make appropriate arrangements with
2-17 the Republic of Mexico whereby the resource management agencies of
2-18 the State of Texas may cooperate directly with their counterparts
2-19 in the Republic of Mexico in formulating a comprehensive plan for
2-20 the management of the water resources of the Rio Grande.
2-21 * * * * *