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CONCURRENT RESOLUTION
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WHEREAS, The United States and Mexico entered into a treaty |
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regarding the utilization of waters of the Colorado and Tijuana |
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Rivers and of the Rio Grande on February 3, 1944; and |
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WHEREAS, Article 4 of the treaty allots to Mexico two-thirds |
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of the flow into the main channel of the Rio Grande from the |
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Upstream Mexican Tributaries, which consist of the Conchos, San |
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Diego, San Rodrigo, Escondido, and Salado Rivers and Las Vacas |
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Arroyo, with one-third allotted to the United States; and |
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WHEREAS, Article 4(B)(c) of the treaty provides that the |
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one-third flow from the Upstream Mexican Tributaries to the United |
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States shall not be less than 350,000 acre-feet per year on an |
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annual average basis over a five-year period; and |
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WHEREAS, Flows from the Upstream Mexican Tributaries enter |
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the Rio Grande below Fort Quitman and above or into the Amistad and |
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Falcon Reservoirs; those flows not only benefit downstream water |
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users in Texas but also provide needed instream flows for |
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recreation and area ecosystems; and |
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WHEREAS, In 2015, the International Boundary and Water |
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Commission and Texas representatives arranged for the commission to |
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accept deliveries from the Rio San Juan, a Mexican tributary below |
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the Falcon Reservoir, which would be credited against delivery |
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obligations from the Upstream Mexican Tributaries, to the extent |
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that those waters could be diverted and utilized by Texas water |
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users; and |
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WHEREAS, By crediting deliveries from the Rio San Juan or |
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other downstream Mexican tributaries, the delivery obligations for |
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the Upstream Mexican Tributaries would be reduced by a three-to-one |
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ratio, since with each acre-foot credited, the stretch of the Rio |
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Grande between Fort Quitman and the Falcon Reservoir is deprived of |
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a total of three acre-feet of needed instream flows; and |
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WHEREAS, Crediting deliveries from the Rio San Juan or other |
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downstream Mexican tributaries against delivery obligations of the |
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Upstream Mexican Tributaries directly contravenes the provisions |
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set forth in the 1944 U.S.-Mexico water treaty; now, therefore, be |
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it |
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RESOLVED, That the 85th Legislature of the State of Texas |
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hereby urge the International Boundary and Water Commission to |
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follow the express terms of the 1944 U.S.-Mexico water treaty in |
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determining which flows are allowed to be credited against delivery |
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obligations for the Upstream Mexican Tributaries; and, be it |
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further |
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RESOLVED, That the Texas Legislature hereby express its |
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opposition to the International Boundary and Water Commission |
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providing further credits to Mexico for water deliveries from the |
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Rio San Juan or other downstream Mexican tributaries against |
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Mexico's delivery obligations from the Upstream Mexican |
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Tributaries; and, be it further |
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RESOLVED, That the Texas secretary of state forward official |
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copies of this resolution to the Texas governor, the Texas Water |
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Development Board, the Texas Commission on Environmental Quality, |
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and the International Boundary and Water Commission. |