S.Amdt. 5853

SA 5853, submitted by Mr. Cruz, aims to add a section to bill S. 4784 that limits engagement with Mexico if the country does not meet its water delivery obligations under the Treaty relating to the Utilization of Waters of the Colorado and Tijuana Rivers and of the Rio Grande.

• Reporting Requirements: The Secretary of State must provide a report to Congress every year (starting 180 days after the Act) that determines if Mexico delivered at least 350,000 acre-feet of water, assesses Mexico's ability to deliver 1,750,000 acre-feet by the end of the Treaty's five-year cycle, and identifies Mexican economic sectors dependent on water delivered by the U.S. or the 6 tributaries of the Rio Grande.

• Limitations on Engagement: If the Secretary determines Mexico failed to deliver the minimum amount of water, the President must deny all "non-Treaty requests" from Mexico. The President may also limit or end engagement with the identified Mexican economic sectors, except for efforts to stop the flow of fentanyl, fentanyl precursors, xylazine, and other synthetic drugs into the U.S.

• Exceptions: "Non-Treaty requests" (emergency requests for special water delivery channels) may still be granted if the Secretary certifies every 120 days that the water is used only for an ecological, environmental, or humanitarian emergency, is not used for municipal, industrial, or normal supply needs, and is vital to U.S. national interests.