Confidential Letter - International Boundary and Water Commission

Letter: From J.F Friedkin, to Terrance G. Leonhardy, Esquire, January 16, 1965 (thermofax), page 3CONFIDENTIAL -3- Mexico further understands and points to the need that the bottom of the unlined extension channel be constructed at approximately the same level as the bed of the Colorado River so as to avoid seepage of the saline waters from the extension channel to the river, as well as to avoid seepage to Yuma Valley lands. Mexico understands that decisions relating to the construction and maintenance of the control structure are solely for United States determination, and Mexico has been informed that insofar as the United States is concerned, the location of the structure is to be determined by the Department of the Interior. Mexico also understands that the structure may be located anywhere in the 2.5-mile reach between the upper limit of the limitrophe section and Araz Drain. Recommendation 2, to provide Commission permission for the bypass channel to pass Morelos Dam, was accepted without change in Mexico City. Recommendation 3 providing that all Wellton-Mohawk drainage waters be discharged below Morelos Dam, except when Mexico requests they be discharged above the dam, was accepted. It was understood that the Bureau of Reclamation would act promptly upon any written request of Mexico to discharge, or to cease discharge of, Wellton-Mohawk drainage waters upstream from the Morelos Dam. The Mexican Commissioner agreed that such written requests would be made as far in advance as practicable. Recommendation 4 is regarded by the Mexican Foreign Minister as the key concession by Mexico to reach an agreement, because it provides for accounting of Wellton-Mohawk drainage waters as a part of Treaty waters; whereas, it is Mexico's legal position that Wellton-Mohawk drainage is not normal return flow and should not be considered as Treaty waters. Mexico is willing to make this concession subject to the legal reservations of Recommendation 11, and with the understanding that there would be an average of not less than 900 cfs without Wellton-Mohawk drainage when Mexico's requests are at the winter minimum rate of delivery of 900 cfs. The text was accepted with one modification, to include in the fourth line the phrase "the provisions of" before "Article 10". There was discussed the procedure and form of accounting of Wellton-Mohawk waters as a part of Treaty deliveries. Agreement was reached that the accounting should be set forth in periodic joint reports approved by the Commission. The reports will present the records of all deliveries as has been the established practice set up under the Treaty; they will show: 1) the records of the total monthly quantities of water arriving in the limitrophe section (including San Luis waters), 2) the portion thereof required to ful-fill the monthly schedules of guaranteed deliveries to Mexico without distinction as to source of waters, and 3) the remaining "other waters" again without distinction as to source. The reports will state, as they have in the past, that the deliveries are made in accordance with the Treaty, with the added CONFIDENTIALEpson Perfection 4870 Photo, 400 dpi, 8 bit, 2,636,075 byte