PolicyBrief
S. 3120
119th CongressNov 6th 2025
Ensuring Predictable and Reliable Water Deliveries Act of 2025
IN COMMITTEE

This bill mandates annual reporting on Mexico's water deliveries under the 1944 Treaty and restricts U.S. engagement with Mexico if minimum water delivery obligations are not met.

Ted Cruz
R

Ted Cruz

Senator

TX

LEGISLATION

Water War? New Bill Mandates U.S. Cut Diplomatic Ties with Mexico If Water Treaty Obligations Are Unmet

If you’re a farmer, a city planner, or just someone who likes having water come out of your tap, you know that water treaties are serious business. This new proposal, the “Ensuring Predictable and Reliable Water Deliveries Act of 2025,” is essentially a diplomatic hammer aimed squarely at Mexico, mandating that the U.S. government restrict engagement if Mexico fails to deliver its required share of water from the Rio Grande basin under the 1944 Water Treaty.

The Annual Water Report Card

The core of this bill is accountability. It requires the Secretary of State to send an annual report to Congress detailing Mexico’s compliance with the 1944 Treaty. This isn't just a friendly check-in; the report must specifically confirm whether Mexico delivered a minimum of 350,000 acre-feet of water in the preceding year. It also requires an assessment of whether Mexico is on track to meet the larger, five-year cycle requirement of 1,750,000 acre-feet. This is the policy equivalent of putting a giant, public scoreboard on international compliance. If you live in the Southwest, where water scarcity is a daily reality, this transparency is a big deal.

The Diplomatic Time-Out Clause

Here’s where things get interesting—and potentially complicated. If the Secretary of State determines that Mexico failed to deliver that minimum 350,000 acre-feet, the President is mandated to deny all “non-Treaty requests” from Mexico. A non-Treaty request, defined here, refers to emergency requests for special water delivery channels, often used for humanitarian or ecological needs, based on past agreements (like those established in International Boundary and Water Commission Minutes 240 and 327). This means if Mexico is short on its water payments, the U.S. must refuse subsequent requests for temporary water aid, even if those requests are for critical needs.

Furthermore, the bill gives the President the authority to limit or end engagement with the Mexican government concerning specific economic sectors that rely on the water the U.S. delivers to Mexico. Think of it as a targeted diplomatic freeze. If you’re a U.S. business owner who relies on smooth diplomatic cooperation in those sectors, this sudden limitation of engagement could create serious friction and uncertainty. The bill is essentially tying the entire diplomatic relationship to water compliance, using leverage that extends far beyond the treaty itself.

The Fentanyl and Humanitarian Exceptions

The bill does include two critical exceptions that acknowledge real-world priorities. First, the limitation on limiting engagement does not apply if the engagement is necessary to counter the flow of fentanyl, fentanyl precursors, xylazine, and other synthetic drugs into the U.S. This is a clear national security carve-out, ensuring that the fight against the drug crisis isn't halted by a water dispute. For anyone concerned about border security and public health, this provision maintains focus on a critical issue.

Second, the President can still fulfill a non-Treaty water request if the Secretary certifies two things every 120 days: that the water is needed only for an ongoing ecological, environmental, or humanitarian emergency (and not for municipal, industrial, or normal water supply needs), and that fulfilling the request is “vital to the national interests of the United States.” That second point is pretty broad—who defines “vital national interests”? That vagueness gives the Executive Branch significant wiggle room, which could be used to justify aid or, conversely, to deny it based on subjective criteria.

The Real-World Friction

What does this mean for the average person? If you’re a farmer in Texas who relies on the Rio Grande, this bill offers a mechanism to pressure Mexico into meeting its obligations, potentially securing your water supply. That’s a clear benefit. However, if you are a business that depends on routine, cooperative diplomatic relations with Mexico—say, in trade or cross-border infrastructure—the threat of the U.S. suddenly limiting general engagement could destabilize your operations. This bill trades diplomatic flexibility for mandatory enforcement, and while that might sound good on paper, in the messy world of international relations, mandatory restrictions can sometimes backfire, creating unnecessary friction that spills over into unrelated areas like trade or security cooperation.