Texas Border Business
WASHINGTON, D.C. – U.S. Senators Ted Cruz and John Cornyn, both representing Texas, have introduced a significant amendment to the National Defense Authorization Act (NDAA) aimed at reinforcing Mexico’s adherence to its water delivery commitments as stipulated in the 1944 Treaty on Utilization of Waters of the Colorado, Tijuana, and Rio Grande Rivers.
The 1944 Treaty requires Mexico to deliver 350,000 acre-feet of water annually, averaged over a five-year period. However, Mexico has struggled to meet these obligations consistently, resulting in severe water shortages in Texas and the broader Southwest region. To address this issue, the newly proposed amendment mandates the Secretary of State to report to Congress each year on Mexico’s compliance with the treaty.
Should the Secretary of State fail to submit this report or confirm Mexico’s non-compliance, the amendment empowers the President to enforce one or more punitive measures, including:
- Halting USAID assistance to Mexico’s private sector,
- Withholding U.S. Trade and Development Agency funds designated for Mexican grantees, and
- Reducing foreign assistance to Mexico by 15%, with exemptions only for anti-opioid and synthetic drug programs.
Senator Cruz emphasized the critical nature of the amendment, stating, “Texas farmers and cities are suffering because Mexico has consistently failed to uphold its end of the bargain and provide Texans with the water they count on in the framework of the 1944 Water Treaty. This amendment strengthens the Treaty by introducing measures the Secretary of State must and can take to ensure Mexico provides predictable and reliable deliveries. This new framework is essential to ensuring such deliveries, and I call on the Senate to expeditiously advance this amendment.”
Senator Cornyn highlighted the prolonged efforts to secure Mexico’s compliance, saying, “For years, Senator Cruz, the Texas Congressional delegation and I have been urging the State Department to diplomatically engage with Mexico to ensure they fulfill their obligations under the 1944 Water Treaty. This bill complements another effort we have in the Appropriations Committee by taking our work to the next level and imposing punitive action against our southern neighbor, whose continued delays and inaction are hurting the livelihoods of farmers, ranchers, and producers throughout South Texas.”
Background Information:
The 1944 Treaty on Utilization of Waters of the Colorado and Tijuana Rivers and of the Rio Grande is a crucial agreement aimed at securing a predictable and reliable water supply for the Rio Grande Valley. This treaty, administered by the International Boundary and Water Commission (IBWC), is essential for American farmers who depend on consistent water deliveries for their agricultural needs.
However, Mexico has frequently failed to meet its five-year water delivery obligations, currently owing the United States nearly 750,000 acre-feet of water, according to the U.S. Section of the IBWC. Efforts by U.S. diplomats and officials to persuade Mexico to adhere to its commitments have so far been unsuccessful, exacerbating water shortages in the Southwest.
The amendment introduced by Senators Cruz and Cornyn represents a significant step toward holding Mexico accountable and ensuring the reliable water deliveries necessary for the sustenance and economic well-being of Texas and other affected regions. As water shortages intensify, the proposed measures aim to bring about a more predictable and dependable water management system across the border.
Sen. Cruz has spearheaded the fight to hold Mexico accountable and encourage compliance with the 1944 water agreement:
- In May 2024, Sen. Cruz filed legislation to enhance support for U.S. diplomats and officials seeking to secure Mexican compliance with the 1944 Treaty by directing the Secretary of State to fully support the IBWC’s efforts and use the voice, vote, diplomatic capital, and resources necessary to bring Mexico into compliance.
- In February 2024, Sens. Cruz and Cornyn responded to news that the Rio Grande Valley Sugar Growers, Inc.’s sugarcane mill would close amid acute water shortages.
- In October 2023, Sen. Cruz secured a vote in the Senate for his amendment requiring the Secretary of State to utilize the full range of American diplomacy to secure Mexican compliance with its treaty obligations. The amendment secured majority bipartisan support but failed to get the 60 votes needed to defeat a filibuster.
- In September 2023, Sen. Cruz authored and introduced a resolution cosponsored by Sen. Cornyn highlighting that Texas farmers are experiencing acute water shortages and supporting diplomacy to ensure that Mexico fulfills its treaty obligations to provide annual deliveries of water.
