South Texas Needs Water NOW!
Texas’ last sugar mill, Rio Grande Valley Sugar Growers Association in Santa Rosa, was forced to close after more than 50 years in business, cutting $100 million out of the economy and about 500 jobs. Made up of more than 100 farmers, the cooperative’s shutdown marks the loss of one of the region’s biggest farming operations and is a direct result of an ongoing water crisis.
Much of the regional water crisis is due to Mexico’s failure to comply with the 1944 Water Treaty requiring it share reservoir supplies with the United States. The closure of the sugar mill has set off alarm bells with both state and federal government officials bringing much needed attention to South Texans’ 30-year battle with Mexico for water.
Background of the 1944 Water Treaty
The 1944 Water Treaty, officially known as the Treaty Relating to the Utilization of Waters of the Colorado and Tijuana Rivers and of the Rio Grande, was signed between the United States and Mexico on February 3, 1944. The treaty was designed to allocate the waters of these rivers between the two nations, ensuring that both countries had reliable access to water resources vital for agriculture, industry, and urban development.
Under the terms of the treaty, the United States is obligated to deliver to Mexico 1.5 million acre-feet of water annually from the Colorado River. In return, Mexico is obligated to deliver to the United States not less than 350,000 acre-feet as an average amount annually over cycles of five consecutive years, for a total delivery of 1,750,000 AF in a cycle. The 1944 Treaty provides that “ [i]n the event of extraordinary drought... any deficiencies existing at the end of the aforesaid five-year cycle shall be made up in the following five-year cycle.” This agreement is overseen by the International Boundary and Water Commission (IBWC), a binational body established to manage and enforce the terms of the treaty and address any disputes that arise.
Key Considerations:
Mexico has struggled to meet its water delivery obligations consistently since 1992. Mexico has not met its Rio Grande delivery obligations three times within a five-year cycle, ending the cycles of 1992-1997, 1997-2002, and 2010-2015 in deficits. Each of those debts was carried over to the following consecutive cycle. Each debt was eventually paid but South Texans have suffered the impact of unpredictable water deliveries for over 30 years.
The last five-year cycle ended in conflict in 2020, with farmers in Chihuahua protesting water deliveries to the U.S. In a last-minute deal, Mexico agreed to transfer water stored at the international reservoirs to the U.S. to end the cycle without a deficit to avoid retaliation from the Trump Administration.
We are now well into the fourth year of the current 5-year cycle and Mexico has “delivered” only 400,000 acre-feet to the U.S due to spillover from the Luis L. Leon dam, which is not a delivery from a reservoir. It is unlikely that Mexico will end the current 5-year cycle in compliance and will ask for an extension claiming “extraordinary drought.” However, During the current five-year cycle, Mexico gained 600,338 acre-feet in June of 2021 and 2,238,653 acre-feet in August of 2022, in the six Treaty tributaries that the U.S. is entitled to receive 1/3 flows from. At one time, Mexico had 2,966,676 acre-feet accumulated, yet none of that water was released to the Rio Grande to comply with Treaty requirements.
Since 2002, Chihuahua has nearly doubled its acres in specialty crop production. For example, it is now the number one producer of pecans in North America, surpassing New Mexico. While the agricultural economy suffers in South Texas, Chihuahua’s agricultural economy flourishes using the water that should be delivered to the U.S. under the treaty.
A study, Estimated Economic Impacts of Irrigation Water Shortages on Lower Rio Grande Valley Agriculture by Texas A&M AgriLife, estimates a potential 2024 total loss in economic output of over $993.2 million due to the absence of irrigation water for crop production in the region. The report also expects a loss of over 8,000 jobs in the region. According to the report, the loss of irrigation water is largely due to Mexico’s failure to fulfill its water deliveries on annual basis to the U.S. under the treaty. Read full report here:
Recent U.S. Legislative Actions
Minute 331 – Signed on November 7, 2024, this International Boundary and Water Commission (IBWC) Minute No. 331, “Measures to Improve the Reliability and Predictability of Rio Grande Water Deliveries to Benefit the United States and Mexico,” provides Mexico with tools and flexibility to deliver water earlier in the five-year cycle under the 1944 U.S.-Mexico water treaty. A minute is an official, binding agreement or interpretation made by the International Boundary and Water Commission (IBWC) used to clarify, amend, or address specific issues arising under the 1944 U.S. Mexico Water Treaty.
H.Res.683 — Sponsor: De La Cruz, Monica [Rep.-R-TX-15] (Introduced 09/13/2023) Cosponsors: (52) This house resolution expresses support for the diplomatic relations required to encourage the Government of Mexico to fulfill its water deliveries on an annual basis to the United States under the treaty between the United States and Mexico regarding the utilization of the Colorado and Tijuana Rivers and of the Rio Grande. It was agreed to in the House.
H.R.7468 — Sponsor: De La Cruz, Monica [Rep.-R-TX-15] (Introduced 02/28/2024) Cosponsors: (37) A bill ensuring that United States diplomats and officials of the U.S. Section of the International Boundary and Water Commission are able to advance efforts seeking compliance by the United Mexican States with the 1944 Treaty on Utilization of Waters of the Colorado and Tijuana Rivers and of the Rio Grande. This bill has been referred to the House Committee on Foreign Affairs.
H.R.9960 — Sponsor: De La Cruz, Monica [Rep.-R-TX-15] (Introduced 10/11/2024) Cosponsors: (2), A bill requiring the United States Section of the International Boundary and Water Commission to obtain input from stakeholders when drafting certain minutes relating to the Rio Grande, and for other purposes. This bill has been referred to the House Committee on Foreign Affairs.
S.Res.379 — Sponsor: Cruz, Ted [Sen.-R-TX] (Introduced 09/28/2023) Cosponsors: (1) A resolution expressing support for the diplomatic relations required to encourage the Government of Mexico to fulfill water deliveries on an annual basis to the United States under the Treaty between the United States of America and Mexico respecting the utilization of waters of the Colorado and Tijuana Rivers and of the Rio Grande. This resolution has been referred to the Committee on Foreign Relations.
S.4253 — Sponsor: Cruz, Ted [Sen.-R-TX] (Introduced 05/02/2024) Cosponsors: (1) A bill to ensure that United States diplomats and officials of the U.S. Section of the International Boundary and Water Commission are able to advance efforts seeking compliance by the United Mexican States with the 1944 Treaty on Utilization of Waters of the Colorado and Tijuana Rivers and of the Rio Grande. This bill has been read twice and referred to the Committee on Foreign Relations.
Congresswoman Monica De La Cruz introduced the Texas Agricultural Producers Assistance Act in the U.S. House of Representatives on May 10, 2024. This crucial piece of legislation addresses the significant economic losses suffered by Texas agricultural producers due to Mexico's failure to comply with water delivery obligations under the 1944 Water Treaty between the United States and Mexico.
Senators John Cornyn and Ted Cruz released a joint statement urging appropriators to withhold funds from Mexico until Mexico meets its obligations to resolve the ongoing water dispute pursuant to the 1944 Water Treaty. Read the statement here
Congresswoman Monica De La Cruz and Jodey Arrington Call for Immediate Action on Mexico’s Water Treaty Delinquencies in Letter to U.S. Trade Representative Katherine Tai. Read the letter here:
The Texas Commission on Environmental Quality (TCEQ) has been at the forefront of monitoring water quality and availability in the Rio Grande Basin. TCEQ has worked closely with the IBWC to find solutions to Mexico’s inability to comply with the treaty and to advocate for South Texans’ water rights. Read the latest letters here:
Key Texas State Government Contacts
While action is required from Congress and ultimately the U.S. State Department to enforce the 1944 Water Treaty, listed below are a few key state government contacts that could help to put pressure on them.