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.