Austin News

U.S. Senators Ted Cruz (R-Texas) and John Cornyn (R-Texas) have introduced an amendment to the National Defense Authorization Act (NDAA) aimed at ensuring Mexico complies with its obligations under the 1944 Treaty on Utilization of Waters of the Colorado, Tijuana, and Rio Grande Rivers.

The treaty mandates that Mexico deliver 350,000 acre-feet of water per year, averaged over a five-year cycle. However, inconsistent deliveries have led to significant shortfalls affecting Texas and other southwestern states. The proposed amendment requires the Secretary of State to report annually to Congress on whether Mexico has met this obligation. Should the report be absent or indicate non-compliance, the president would be required to impose specific measures, including:

- Prohibiting USAID aid to Mexico’s private sector,

- Prohibiting U.S. Trade and Development Agency funds for grantees in Mexico,

- Capping foreign assistance to Mexico at 85 percent of appropriated levels, exempting only anti-opioid/synthetic drug programs.

Senator Cruz emphasized the impact on Texas: “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.”

Senator Cornyn added: “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.”

The treaty is administered by the International Boundary and Water Commission (IBWC). According to U.S. officials within IBWC, Mexico currently owes nearly 750,000 acre-feet of water. Efforts by U.S. diplomats to secure compliance have thus far been unsuccessful.

Senator Cruz has been actively working towards holding Mexico accountable for its treaty obligations:

- In May 2024, he filed legislation directing support for U.S. diplomats in securing Mexican compliance.

- In February 2024, both senators responded when acute water shortages led to closures such as that of Rio Grande Valley Sugar Growers Inc.’s sugarcane mill.

- In October 2023, Cruz secured a Senate vote for an amendment requiring diplomatic efforts for compliance; it garnered bipartisan support but did not overcome a filibuster.

- In September 2023, he introduced a resolution highlighting acute water shortages faced by Texas farmers.