89R13075 BPG-D     By: Longoria H.C.R. No. 77       CONCURRENT RESOLUTION          WHEREAS, Mexico's failure to fulfill its water deliveries to   the United States according to the stipulations of a 1944 treaty   between the two countries significantly harms the interests of   Texas; and          WHEREAS, The Rio Grande is both an interstate and   international river arising in the mountains of Colorado and   flowing in a southerly direction through New Mexico, where it forms   the border between the United States and Mexico beginning near   El Paso; the river is a shared and vital resource providing   municipal water for millions of Texans and irrigation water for   hundreds of thousands of acres in Texas; and          WHEREAS, Below Fort Quitman, the waters of the Rio Grande are   apportioned to the United States and to Mexico per the terms of the   1944 Treaty, "Utilization of Waters of the Colorado and Tijuana   Rivers and of the Rio Grande"; Article IV of the treaty requires   that inflows from certain named tributaries of the Rio Grande be   apportioned one-third to the United States and two-thirds to   Mexico; and          WHEREAS, The 1944 Treaty specifically requires that "this   third shall not be less, as an average amount in cycles of five   consecutive years, than 350,000 acre-feet (431,721,000 cubic   meters) annually"; Mexico is allowed to deliver less than this   annual average amount of water during a five-year cycle only in the   event of an extraordinary drought, and not all years in a delivery   cycle reflect extraordinary drought conditions; and          WHEREAS, Many municipal, industrial, and agricultural water   users in Texas rely almost exclusively on these waters from the Rio   Grande for their water supplies; it is thus critical to the state's   interests that, during years in which extraordinary drought is not   present, Mexico take all necessary measures to address accumulated   water delivery deficits; and          WHEREAS, Mexico has failed to comply with its obligations   under this treaty regularly over the last three decades, and it is   now significantly behind in fulfilling them; in the current cycle,   Mexico is 984,814 acre-feet in arrears; and          WHEREAS, During the past 10 years, Mexico has expanded crop   production in Chihuahua, resulting in the use of water volumes   exceeding the annual average Mexico agreed to deliver under the   treaty; this increase has directly impacted water availability for   downstream users in the RGV, creating economic and environmental   concerns; the water reserves in the Amistad and Falcon reservoirs   are at historically low levels; shortages have disrupted key   sectors, leading to the loss of sugarcane production, significant   reductions in fruit and vegetable farming, and stalled housing   developments; the only sugar mill in Texas closed permanently in   2024; moreover, rural municipalities have been forced to purchase   water from outside districts, incurring up to 60 percent higher   monthly costs; and          WHEREAS, The 1944 Treaty requires that the United States   Section of the International Boundary and Water Commission, which   is a subdivision of the United States Department of State, ensure   compliance with the terms of the 1944 Treaty; and          WHEREAS, The Texas Commission on Environmental Quality has   conveyed and communicated these issues and concerns to the   International Boundary and Water Commission, and it is vital that   the IBWC and the state department recognize the critical   socioeconomic importance of this issue; now, therefore, be it          RESOLVED, That the 89th Legislature of the State of Texas   hereby respectfully urge the U.S. Department of State and the   United States Section of the International Boundary and Water   Commission to take appropriate action to ensure that Mexico   complies with the 1944 Treaty regarding shared water resources and   that they take all necessary steps to make deliveries to the United   States a priority during annual water allocation deliberations;   and, be it further          RESOLVED, That the Texas secretary of state forward official   copies of this resolution to the U.S. secretary of state and to the   commissioner of the International Boundary and Water Commission,   United States and Mexico.