- Record: Senate Floor
- Section type: Amendments
- Chamber: Senate
- Date: June 17, 2026
- Congress: 119th Congress
- Why this source matters: This section came from the Senate floor portion of the record.
SA 5853. Mr. CRUZ submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XII, insert the
following:
SEC. 12__. 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.