TCEQ Accepts Water from Mexico Under 1944 Treaty

At the direction of Governor Greg Abbott, the Texas Commission on Environmental Quality (TCEQ) has accepted an offer of San Juan River water from Mexico under the 1944 Water Treaty.

Mexico's offer provides 120,000 acre-feet delivered from the San Juan River into the Rio Grande. The delivery is below major on-channel reservoirs that would provide necessary capture and efficient use of the delivered water. The offer is still significantly less than the 1.75 million acre-feet of water Mexico is required to deliver during the present five-year cycle. Mexico also requests Treaty credit for delivering excess water from the San Juan River which is a non-designated tributary under the 1944 Treaty.

The 1944 Water Treaty between the United States and Mexico obligates both countries to share water resources from the Colorado and Rio Grande rivers. Under the Treaty, Mexico is obligated to transfer to the United States on average 350,000 acre-feet of water per year over a five-year cycle (1944 Treaty, Art. 4.B(c)). Additionally, it plainly says this commitment may be satisfied only with water "from the Conchos, San Diego, San Rodrigo, Escondido and Salado Rivers and the Las Vacas Arroyo."

The Amistad and Falcon reservoirs, primary sources of water for the Rio Grande Valley, are at historic lows while reservoirs in Nuevo León and Tamaulipas are retaining upwards of 120% of their capacity. Additionally, Mexico delaying their delivery obligations under the 1944 Treaty has resulted in its largest-ever deficit.

Since Mexico continues to disregard its Treaty obligations while enjoying historic surpluses, Mexico must quickly enact the tools within Minute 331. These include: Mexico's transfer of water at Amistad and Falcon reservoirs, allocating a greater than one-third share from the six named Mexican tributaries, developing new water sources with firm annual delivery commitments, and recognizing Treaty obligations in its annual planning process.

Due to the immediate water needs of farmers and cities along the lower Rio Grande, Texas accepts the offer, pending TCEQ finalizing operational procedures for the acceptance of Mexico's offer. Barring action by Mexico, Texans will be facing a projected deficit of 1.3 million acre-feet of water by October 2025.