"4. The Davis Dam and Reservoir mentioned in subparagraph (b) of article 12 of the treaty.

"5. The joint flood-control investigations, preparation of plans, and reports on the Rio Grande below Fort Quitman required by the provisions of article 6 of the treaty.

"6. The joint flood-control investigations, preparation of plans, and reports on the lower Colorado River between the Imperial Dam and the Gulf of California required by article 13 of the treaty.

"7. The joint investigations, preparation of plans, and reports on the establishment of hydroelectric plants at the international dams on the Rio Grande below Fort Quitman provided for by article 7 of the treaty.

"8. The studies, investigations, preparation of plans, recommendations, reports, and other matters dealing with the Tijuana River system provided for by the first paragraph (including the numbered subparagraphs) of article 16 of the treaty.

"(b) Insofar as they affect persons and property in the territorial limits of the United States, the powers and functions of the Secretary of State of the United States, the Commissioner of the United States Section of the International Boundary and Water Commission, the United States Section of said Commission, and any other officer or employee of the United States, shall be subject to the statutory and constitutional controls and processes. Nothing contained in the treaty or protocol shall be construed as impairing the power of the Congress of the United States to define the terms of office of members of the United States Section of the International Boundary and Water Commission or to provide for their appointment by the President by and with the advice and consent of the Senate or otherwise.

"(c) That nothing contained in the treaty or protocol shall be construed as authorizing the Secretary of State of the United States, the Commissioner of the United States Section of the International Boundary and Water Commission, or the United States Section of said Commission, directly or indirectly to alter or control the distribution of water to users within the territorial limits of any of the individual States.

"(d) That 'international dam or reservoir' means a dam or reservoir built across the common boundary between the two countries.

"(e) That the words 'international plants,' appearing in article 19, mean only hydroelectric generating plants in connection with dams built across the common boundary between the two countries.

"(f) That the words 'electric current,' appearing in article 19, mean hydroelectric power generated at an international plant.

"(g) That by the use of the words 'The jurisdiction of the Commission shall extend to the limitrophe parts of the Rio Grande (Rio Bravo) and the Colorado River, to the land boundary between the two countries, and to works located upon their common boundary * * in the first sentence of the fifth

paragraph of article 2, is meant: "The jurisdiction of the Commission shall extend and be limited to the limitrophe parts of the Rio Grande (Rio Bravo) and the Colorado River, to the land between the two countries, and to works located upon their common boundary * * *.'

"(h) The word 'agreements' whenever used in subparagraph (a), (c) and (d) of article 24 of the treaty shall refer only to agreements entered into pursuant to and subject to the provisions and limitations of treaties in force. between the United States of America and the United Mexican States.

"(i) The word 'disputes' in the second paragraph of article 2 hall have reference only to disputes between the Governments of the United States of America and the United Mexican States.

"(j) First, that the 1,700,000 acre-feet specified in subparagraph (b) of article 10 includes and is not in addition to the 1,500,000 acre-feet, the delivery of which to Mexico is guaranteed in subparagraph (a) of article 10; second, that the 1,500,000 acre-feet specified in three places in said subparagraph (b) is identical with the 1,500,000 acre-feet specified in said subparagraph (a); third, that any use by Mexico under said subparagraph (b) of quantities of water arriving at the Mexican points of diversion in excess of said 1,500,000 acre-feet shall not give rise to any future claim of right by Mexico in excess of said guaranteed quantity of 1,500,000 acre-feet of water.

"(k) The United States recognizes a duty to require that the protective structures to be constructed under article 12, paragraph (a), of this treaty, are so constructed, operated, and maintained as to adequately prevent damage to property and lands within the United States from the construction and operation of the diversion structure referred to in said paragraph."

AND WHEREAS the said treaty and protocol were duly ratified by the President of the United States of America on November 1, 1945, in pursuance of the aforesaid advice and consent of the Senate and subject to the aforesaid understandings on the part of the United States of America;

AND WHEREAS the said treaty and protocol were duly ratified by the President of the United Mexican States on October 16, 1945, in pursuance and according to the terms of a Decree of September 27, 1945 of the Senate of the United Mexican States approving the said treaty and protocol and approving the said understandings on the part of the United States of America in all that refers to the rights and obligations between the parties;

AND WHEREAS it is provided in Article 28 of the said treaty that the treaty shall enter into force on the day of the exchange of ratifications;

AND WHEREAS it is provided in the said protocol that the protocol shall be regarded as an integral part of the said treaty and shall be effective beginning with the day of the entry into force of the said treaty;

AND WHEREAS the respective instruments of ratification of the said treaty and protocol were duly exchanged, and a protocol of exchange of instruments of

ratification was signed in the English and Spanish languages, by the respective Plenipotentiaries of the United States of America and the United Mexican States on November 8, 1945, the English text of which protocol of exchange of instruments of ratification reads in parts as follows:

"The ratification by the Government of the United States of America of the treaty and protocol aforesaid recites in their entirety the understandings contained in the resolution of April 18, 1945 of the Senate of the United States of America advising and consenting to ratification, the text of which resolution was communicated by the Government of the United States of America to the Government of the United Mexican States. The ratification by the Government of the United Mexican States of the treaty and protocol aforesaid is effected, in the terms of its instrument of ratification, in conformity to the Decree of September 27, 1945 of the Senate of the United Mexican States approving the treaty and protocol aforesaid and approving also the aforesaid understandings on the part of the United States of America in all that refers to the rights and obligations between both parties, and in which the Mexican Senate refrains from considering, because it is not competent to pass judgment upon them, the provisions which relate exclusively to the internal application of the treaty within the United States of America and by its own authorities, and which are included in the understandings set forth under the letter (a) in its first part to the period preceding the words 'It is understood' and under the letters (b) and (c).”

NOW, THEREFORE, be it known that I, Harry S. Truman, President of the United States of America, do hereby proclaim and make public the said treaty and the said protocol supplementary thereto, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith, on and from the eighth day of November, one thousand nine hundred forty-five, by the United States of America and by the citizens of the United States of America and all other persons subject to the jurisdiction thereof.

IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the city of Washington this twenty-seventh day of November in the year of our Lord one thousand nine-hundred forty-five and [SEAL] of the Independence of the United States of America the one hun dred seventieth.

By the President:

JAMES F. BYRNES

HARRY S. TRUMAN

Secretary of State

སྐྱ

[ITEM 118]

BOULDER CANYON PROJECT

MEMORANDUM OF UNDERSTANDING

AS TO FUNCTIONS AND JURISDICTION OF AGENCIES OF THE UNITED STATES IN RELATION TO THE COLORADO AND TIJUANA RIVERS AND THE RIO GRANDE BELOW FORT QUITMAN, TEXAS, UNDER WATER TREATY SIGNED AT WASHINGTON, FEBRUARY 3, 1944.

FEBRUARY 14, 1945

This memorandum of understanding made this 14th day of February, 1945, between the Department of State and the United States Section, International Boundary and Water Commission, United States and Mexico (hereinafter referred to as the "United States Section"), represented by the Secretary of State, and the Department of the Interior, represented by the Secretary of the Interior, pursuant to the provisions of the Treaty of February 3, 1944 between the United States and Mexico relating to the Colorado and Tijuana Rivers and the Rio Grande below Fort Quitman, Texas, (hereinafter referred to as the "treaty"); the Protocol between the two Governments supplementary to the treaty (hereinafter referred to as the "protocol") dated November 14, 1944; and existing domestic law of the United States.

WITNESSETH, that,

a. WHEREAS, the treaty establishes certain reciprocal rights and obligations of the two nations and requires for its execution both joint and independent determinations and actions on the part of the two Governments as represented, in the case of the United States, by the Department of State and in the case of Mexico by the Ministry of Foreign Relations, or acting through their respective Sections of the International Boundary and Water Commission; and b. WHEREAS, the use of works both of an international and domestic

character will be necessarily involved in the discharge of various treaty functions; and

C. WHEREAS, the protocol provides that the said Governments agree and understand that:

Wherever, by virtue of the provisions of the Treaty between the United States of America and the United Mexican States, signed in Washington on February 3, 1941. relating to the utilization of the waters of the Colorado and Tijuana Rivers and of the Rio Grande from Fort Quitman, Texas, to the Gulf of Mexico, specific functions are imposed on, or exclusive jurisdiction is vested in, either of the Sections of the International Boundary and Water Commission, which involve the construction or use of works for storage or conveyance of water, flood control, stream gaging, or for any other purpose, which are situated wholly within the Territory of the country of that Section, and which are to be used only partly for the performance of treaty provisions, such jurisdiction shall be exercised, and such functions, including the construction, operation and maintenance of the said works, shall be performed and carried out by the Federal agencies of that country which now or hereafter may be authorized by domestic law to construct or to operate and maintain, such works. Such functions or jurisdictions shall be exercised in conformity with the provisions of the Treaty and in cooperation with the respective Section of the Commission, to the end that all international obligations and functions may be coordinated and fulfilled.

The works to be constructed or used on or along the boundary, and those to be constructed or used exclusively for the discharge of treaty stipulations, shall be under the jurisdiction of the Commission or of the respective Section, in accordance with the provisions of the Treaty. In carrying out the construction of such works the Sections of the Commission may utilize the services of public or private organizations in accordance with the laws of their respective countries.

and which protocol is by the terms thereof made an integral part of the treaty, to be effective on the day of the entry into force of the treaty and to continue effective so long as the treaty remains in force; and

d. WHEREAS, by virtue of the treaty and the protocol, the Secretary of State and the United States Section are vested with general jurisdiction over the performance of treaty functions, in so far as the rights and obligations of the United States are concerned, and are likewise vested, and from time to time in the future may be further vested, with jurisdiction over various works, constructed and to be constructed, on or along the boundary between the United States and Mexico, and over certain matters and problems of an international character arising on or affecting the said boundary, by virtue of treaties in force between the two nations, and by virtue of Acts of Congress; and

e. WHEREAS, the Secretary of the Interior, pursuant to the Reclamation Law and other Acts of Congress pertaining to the investigation, conservation and utilization of the water resources of the United States, has been, and from time to time in the future may be authorized to construct and to operate and maintain certain facilities wholly in the United States for the storage and conveyance of water, flood control, production of hydroelectric power and for other purposes, which facilities primarily pertain to the functions of the