TCEQ’s Stance on Rio Grande Water Distribution: Fort Quitman, Texas

Background on the Issue

The United States and Mexico have a long history of both cooperation and conflict over how water is distributed from the Rio Grande, also known as the Rio Bravo in Mexico.

The Rio Grande serves as a natural boundary between Texas and Mexico, positioning Texas at the center of ongoing water management challenges.

Treaties Related to Allocating Water from the Rio Grande

Two treaties provide formal agreements between the United States and Mexico over how water is distributed between the two countries:

• The 1906 Convention states that the United States must deliver 60,000 acre-feet of water annually to Mexico at the international diversion point near El Paso. In exchange for this water, Mexico waives the rights to any waters originating between El Paso and Fort Quitman. Fort Quitman is about 90 miles downstream of El Paso.
• The 1944 Treaty divides water originating downstream from Fort Quitman to the Gulf evenly between the United States and Mexico. The International Boundary and Water Commission (IBWC) was established at this time to oversee water distribution between the two countries and resolve any disputes.

IBWC Water Distribution Practices

The 1944 Treaty states that 50 percent of any water originating after Fort Quitman all the way to the Gulf of Mexico is allocated to Mexico.

However, IBWC has also historically allocated 50 percent of the water originating between El Paso and Fort Quitman to Mexico.

TCEQ’s Stance

TCEQ asserts that any water originating between El Paso and Fort Quitman should be allocated entirely to the United States in accordance with both the 1906 Convention and 1944 Treaty.

While the 1944 Treaty does allocate 50 percent of the water originating after Fort Quitman to Mexico, it does not allocate 50 percent of the water originating between El Paso and Fort Quitman to Mexico. Allocating 50 percent of this water to Mexico deprives Texas users of valuable water resources, especially during times of drought.

Correspondence and Other Publications

The correspondence in the following sections show the chain of communication between TCEQ and other entities, including IBWC, regarding the issue of water allocation at Fort Quitman.

Letters to and from the Texas House of Representatives and to the U.S. Department of State (2013-2014)

TCEQ escalates the issue to the U.S. Department of State after obtaining support from the Texas House of Representatives.

Letters to and from IBWC (2013)

The following letters show the correspondence that took place in 2013 between the IBWC and TCEQ in relation to how water is distributed at Fort Quitman.

Letters to and from IBWC (2008-2012)

The following letters show the correspondence that took place between 2008 and 2012 between IBWC and TCEQ, as well as the Texas Water Development Board (TWDB) and various water rights stakeholders.

Rio Grande Water Allocation Publications

The publications and treaties below provide additional background on the issue of how water from the Rio Grande is distributed, including at Fort Quitman.