Texas Official Critical of Mexico's Violation of 1944 Water Treaty

The Laredo Morning Times ^ | 11-15-02 | AP

[Theodore R.]

Combs: Make Mexico pay for water debt

Associated Press

AUSTIN (AP) - The United States should take aggressive action to force Mexico to pay off its mounting debt under a 1944 water treaty, including withholding money for economic development and water from the American side of the border, Texas Agriculture Commissioner Susan Combs said Thursday.

"We have not even made Mexico feel a pin prick of pain," she said. "We have power to do some things."

Combs, a Republican who last week was elected to a new four-year term, testified before the state Senate Subcommittee on Border Affairs.

The treaty not only calls for Mexico to provide water for Texas farmers on the Rio Grande, but for the United States to supply Mexico with water from the Colorado River. The United States has complied with the treaty.

State and federal officials say Mexico owes the U.S. about 1.5 million acre feet of water, or more than 500 billion gallons. The debt began to mount about 10 years ago.

Texas farmers on the Rio Grande are "devastated" by Mexico's withholding water and Washington should step up the pressure on Mexico City to comply, she said.

Mexican officials have said a drought has kept them from sending more water to the United States. Although the treaty allows Mexico to withhold water in case of drought, Combs says the Mexican region has not been as dry they claim.

Mexico has about 3 million acre-feet of water in reserve, compared to 1 million on reserve in the United States, she said.

"There is no credible argument of any kind that they don't have the water," Combs said.

Combs said she has identified as much as $100 million in economic and infrastructure aid that could potentially be withheld or diverted from Mexico. The United States also could withhold some of the water it is supposed to supply under the treaty.

Those ideas would not conflict with the North American Free Trade Agreement, she said.

"Our economic development in the (Rio Grande) Valley is absolutely devastated," Combs said. "Why should we give them economic development tools when in fact they're not complying with the treaty?"

A Texas A&M University study estimates that the farm industry has lost about $1 billion over the past 10 years.

While Texas feels the brunt of the water debt, it must depend on federal officials to enforce the treaty.

Jeff Boyd, deputy director of litigation for the state attorney general's office, said outside attorneys have advised the state that it likely can't sue the federal government to enforce the treaty.

The chairman of the subcommittee, Sen. Eddie Lucio, D-Brownsville, said he hoped that Tony Garza, the Texas Railroad Commissioner recently appointed ambassador to Mexico, will help spur Mexico to act.

"We have hit a wall and neither side has moved in any direction," Lucio said. "He (Garza) knows the issue. He will be a strong voice for South Texas in Washington and Mexico City."

Mexican officials said last month their country was doing all it could to pay off the debt. President Vicente Fox has said Mexico would invest $2.2 billion annually in new infrastructure and other measures.

Texas farmers have expressed anger that many Mexican farmers use outdated, wasteful irrigation techniques.

In the United States, the federal government recently started taking financial aid applications from Rio Grande Valley farmers stung by the situation, but only about $10 million is available.

"It's just a Band-Aid," said Bill Jones, a cotton and grain farmer from Edcouch and the vice president of the Hidalgo County Farm Bureau.

"We appreciate the effort (but) there's no way through an aid package we could ever recoup the losses that we've had," Jones said.