About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline



1 [1] (March 6, 2026)

handle is hein.crs/govetse0001 and id is 1 raw text is: 




Congre Wonal Research Berib
infon  ing I 1e  I live (V )ate   o I~ 14


Updated March  6, 2026


1944 U.S.-Mexico Water Treaty: Issues in the 119th Congress


A water treaty from 1944-the Treaty on Utilization of
Waters of the Colorado and Tijuana Rivers and of the Rio
Grande (1944 Water Treaty)-between  the United States
and Mexico and other binational agreements guide how the
two governments share flows of the Rio Grande and
Colorado Rivers. The 1944 Water Treaty states that the
countries agree to give preferential attention to solving all
border sanitation problems (e.g., flows of raw sewage and
industrial wastewater in the Tijuana River Valley [TRV]).
The binational International Boundary and Water
Commission  (IBWC),  which was established in 1944
pursuant to the treaty and administers agreements on river
flows and sanitation issues, is the principal venue for
addressing related disputes between the United States and
Mexico. The IBWC   develops rules and proposed decisions,
called minutes, on treaty execution and interpretation.
Congressional considerations during the 119th Congress
may  include executive branch actions on U.S.-Mexico
water matters and their role and effect on U.S.-Mexico
cooperation, congressional responses to these actions and
actions by Mexico, and forthcoming recommendations on
addressing water management and sanitation issues.

Rio  Grande
The 1944 Water Treaty addresses the Rio Grande basin
below Fort Quitman, TX. Among  other things, it establishes
that the United States has a right to flows from tributaries
that feed the Rio Grande in the United States and one-third
of specified Mexican tributaries flows, which must average
at least 0.35 million acre-feet (MAF) per year, measured in
five-year cycles (1.75 MAF total). It also provides for the
construction of international storage dams on the Rio
Grande. Among  other infrastructure, IBWC operates two
international Rio Grande dams and their reservoirs. On
multiple occasions since 1994, Mexico has not met its Rio
Grande delivery obligations for a cycle. As of late October
2025, at the end of the previous five-year cycle, Mexico had
delivered 0.88 MAF, according to IBWC. The Consolidated
Appropriations Act, 2026 (P.L. 119-75, Division F, Section
7045(h)(1)), conditioned some funds provided therein on
the Secretary of State certifying Mexico's delivery of Rio
Grande water owed to the United States, as prescribed in
the Treaty. In February 2026, the U.S. Department of State
announced that Mexico had committed to make annual
deliveries of at least 0.35 MAF and to develop a plan to
address the 2020-2025 cycle's shortfall.

Mexico  not meeting five-year cycle delivery requirements,
and the consequences for the Texas economy, has led some
U.S. stakeholders to support mechanisms to achieve more
reliable and predictable water deliveries. Although
Mexico's internal water management influences deliveries,
stakeholders have identified various other factors that may
contribute to delivery shortfalls under recent cycles,


including drought conditions in portions of Mexico's Rio
Grande Basin and weather and climate patterns. In 2022,
the U.S. section of the IBWC commissioned a study on the
challenges to improving reliability and predictability of
water deliveries and stakeholders' proposed solutions,
resulting in the December 2022 white paper-The Rio
Grande/Rio Bravo Water Deliveries Under the 1944
Treaty: A Compendium  of Ideas. It identified the following
among  proposals for expanding water supplies: salinity
improvements  and desalination; conservation (e.g., canal
lining, aqueduct construction); and storage projects, both
small and large, in Texas and in Mexico.

Coorado R Iver
U.S. delivery of Colorado River basin waters to Mexico is
part of a broader allocation of basin waters pursuant to the
Colorado River Compact, a seven-state agreement signed in
1923 that apportioned 7.5 MAF annually to both the Upper
and Lower Colorado River basins in the United States and
delineates how additional waters are to be sent to Mexico
pursuant to a subsequent treaty. In the 1944 Water Treaty,
the United States agreed to deliver to Mexico 1.5 MAF of
Colorado River water per year, plus an additional 0.2 MAF
when  a surplus is declared. During drought, the United
States may reduce deliveries to Mexico in similar
proportion to reductions of U.S. consumptive uses. The 1.5
MAF   obligation is generally split equally between Upper
and Lower Basins.

The United States typically has met its Colorado River
delivery requirements to Mexico pursuant to the 1944
Treaty. Colorado River average flows have decreased
significantly since 2000. During this time, the two countries
have negotiated multiple minutes (e.g., Minute 319 in 2012,
Minute 323 in 2017) that, among other things, reduced
deliveries to Mexico under specified conditions and
increased Mexico's ability to conserve and store water in
U.S. reservoirs. Recent negotiations over future water
curtailments in U.S. basin states have included speculation
on the potential for similar changes for Mexico, although no
new minutes have been announced.

Since 1972 (Minute 240), deliveries of a portion of
Mexico's Colorado River water have been provided to the
Mexican  city of Tijuana through U.S. diversions at Parker
Dam,  through Southern California and across the
international border near San Diego. These diversions,
typically account for a small portion of Mexico's total
Colorado River apportionment (averaging 1,678 acre-feet
per year from 2020 to 2024). They have been regularly
extended over five-year increments and currently are
authorized through 2027 (Minute 327). The deliveries must
be requested by Mexico and approved annually by the
United States. In March 2025, the United States denied