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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3120 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 3120
To limit engagement with the Government of Mexico unless Mexico
provides water to the United States pursuant to its obligations under
the Treaty relating to the Utilization of Waters of the Colorado and
Tijuana Rivers and of the Rio Grande.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 6, 2025
Mr. Cruz (for himself and Mr. Cornyn) introduced the following bill;
which was read twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To limit engagement with the Government of Mexico unless Mexico
provides water to the United States pursuant to its obligations under
the Treaty relating to the Utilization of Waters of the Colorado and
Tijuana Rivers and of the Rio Grande.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ensuring Predictable and Reliable
Water Deliveries Act of 2025''.
SEC. 2. LIMITATION ON ENGAGEMENT WITH MEXICO UNTIL MEXICO PROVIDES
WATER PURSUANT TO TREATY OBLIGATIONS.
(a) Report Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the
Secretary of State shall submit to the appropriate committees
of Congress a report regarding deliveries of water by Mexico
pursuant to the Treaty relating to the Utilization of Waters of
the Colorado and Tijuana Rivers and of the Rio Grande, signed
at Washington February 3, 1944 (9 Bevans 1166), between the
United States and Mexico (in this section referred to as the
``Treaty'').
(2) Elements.--The report required by paragraph (1) shall
include--
(A) a determination of whether Mexico has, during
the calendar year preceding the submission of the
report, delivered to the United States a minimum of
350,000 acre-feet of water;
(B) an assessment of Mexico's capabilities for
delivering 1,750,000 acre-feet of water by the final
year of the five-year cycle described in the Treaty;
and
(C) an identification of significant economic
sectors or activities in Mexico that are situated in,
or substantially dependent upon, irrigation districts
that benefit from--
(i) water delivered to Mexico by the United
States; or
(ii) the 6 tributaries of the Rio Grande
from which Mexico is obligated to deliver water
pursuant to the Treaty.
(b) Limitation on Engagement.--
(1) In general.--If, in a report required by subsection
(a), the Secretary makes a negative determination under
paragraph (2)(A) of that subsection, the President--
(A) shall deny all non-Treaty requests by Mexico;
and
(B) may limit or terminate engagement with the
Government of Mexico related to the sectors or
activities in Mexico identified under subsection
(a)(2)(C), other than engagement to counter the flow of
fentanyl, fentanyl precursors, xylazine, and other
synthetic drugs into the United States.
(2) Exception.--The limitation described in paragraph
(1)(A) shall not apply to a non-Treaty request by Mexico if the
Secretary submits to the appropriate committees of Congress,
not later than 120 days after the submission of the report
described in paragraph (1), and every 120 days thereafter, a
certification that--
(A) the water delivered through such channels--
(i) will be used exclusively to address an
ongoing ecological, environmental, or
humanitarian emergency; and
(ii) will not be used for--
(I) municipal purposes;
(II) industrial purposes;
(III) normal water supply needs;
(IV) water infrastructure
deficiencies; or
(V) maintenance work; and
(B) fulfilling the request is vital to the national
interests of the United States.
(c) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Foreign Relations of the
Senate; and
(B) the Committee on Foreign Affairs of the House
of Representatives.
(2) Non-treaty request.--The term ``non-Treaty request''
means an emergency request for special delivery channels for
the delivery of water made pursuant to any current or future
Minute of the International Boundary and Water Commission based
on the principles established in Commission Minute No. 240,
entitled ``Emergency Deliveries of Colorado River Waters for
Use in Tijuana'', dated June 13, 1972, as subsequently amended
and extended, most recently by Commission Minute No. 327,
entitled ``Emergency Deliveries of Colorado River Waters For
Use In the City of Tijuana, Baja California'', dated January
28, 2022.
<all>
Introduced in Senate
Read twice and referred to the Committee on Foreign Relations.
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