United States S 3120: Ensuring Predictable and Reliable Water Deliveries Act of 2025

Bill Text

II
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 Utiliza-
tion of Waters of the Colorado and Tijuana Rivers and
of the Rio Grande.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Ensuring Predictable 4
and Reliable Water Deliveries Act of 2025’’. 5
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•S 3120 IS
SEC. 2. LIMITATION ON ENGAGEMENT WITH MEXICO UNTIL 1
MEXICO PROVIDES WATER PURSUANT TO 2
TREATY OBLIGATIONS. 3
(a) REPORT REQUIRED.— 4
(1) IN GENERAL.—Not later than 180 days 5
after the date of the enactment of this Act, and an-6
nually thereafter, the Secretary of State shall submit 7
to the appropriate committees of Congress a report 8
regarding deliveries of water by Mexico pursuant to 9
the Treaty relating to the Utilization of Waters of 10
the Colorado and Tijuana Rivers and of the Rio 11
Grande, signed at Washington February 3, 1944 (9 12
Bevans 1166), between the United States and Mex-13
ico (in this section referred to as the ‘‘Treaty’’). 14
(2) ELEMENTS.—The report required by para-15
graph (1) shall include— 16
(A) a determination of whether Mexico 17
has, during the calendar year preceding the 18
submission of the report, delivered to the 19
United States a minimum of 350,000 acre-feet 20
of water; 21
(B) an assessment of Mexico’s capabilities 22
for delivering 1,750,000 acre-feet of water by 23
the final year of the five-year cycle described in 24
the Treaty; and 25
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•S 3120 IS
(C) an identification of significant eco-1
nomic sectors or activities in Mexico that are 2
situated in, or substantially dependent upon, ir-3
rigation districts that benefit from— 4
(i) water delivered to Mexico by the 5
United States; or 6
(ii) the 6 tributaries of the Rio 7
Grande from which Mexico is obligated to 8
deliver water pursuant to the Treaty. 9
(b) LIMITATION ON ENGAGEMENT.— 10
(1) IN GENERAL.—If, in a report required by 11
subsection (a), the Secretary makes a negative deter-12
mination under paragraph (2)(A) of that subsection, 13
the President— 14
(A) shall deny all non-Treaty requests by 15
Mexico; and 16
(B) may limit or terminate engagement 17
with the Government of Mexico related to the 18
sectors or activities in Mexico identified under 19
subsection (a)(2)(C), other than engagement to 20
counter the flow of fentanyl, fentanyl precur-21
sors, xylazine, and other synthetic drugs into 22
the United States. 23
(2) EXCEPTION.—The limitation described in 24
paragraph (1)(A) shall not apply to a non-Treaty re-25
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•S 3120 IS
quest by Mexico if the Secretary submits to the ap-1
propriate committees of Congress, not later than 2
120 days after the submission of the report de-3
scribed in paragraph (1), and every 120 days there-4
after, a certification that— 5
(A) the water delivered through such chan-6
nels— 7
(i) will be used exclusively to address 8
an ongoing ecological, environmental, or 9
humanitarian emergency; and 10
(ii) will not be used for— 11
(I) municipal purposes; 12
(II) industrial purposes; 13
(III) normal water supply needs; 14
(IV) water infrastructure defi-15
ciencies; or 16
(V) maintenance work; and 17
(B) fulfilling the request is vital to the na-18
tional interests of the United States. 19
(c) DEFINITIONS.—In this section: 20
(1) APPROPRIATE COMMITTEES OF CON-21
GRESS.—The term ‘‘appropriate committees of Con-22
gress’’ means— 23
(A) the Committee on Foreign Relations of 24
the Senate; and 25
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•S 3120 IS
(B) the Committee on Foreign Affairs of 1
the House of Representatives. 2
(2) NON-TREATY REQUEST.—The term ‘‘non- 3
Treaty request’’ means an emergency request for 4
special delivery channels for the delivery of water 5
made pursuant to any current or future Minute of 6
the International Boundary and Water Commission 7
based on the