LOL! Here is part of the Boundry Treaty of 1970 between Mexico and the US concerning the designating the middle of the Rio Grande as the boundry between the US and Mexico and how they will handle changes in the river. Read and then tell me where you would build a wall and where you would build a fence and still comply with the tenants of the treaty.
ARTICLE II
In order to resolve uncertainties relating to
the sovereignty over islands and to restore to the
Rio Grande its character as the international
boundary in those locations where this character
has been lost between the Gulf of Mexico and its.
intersection with the land boundary, the contracting
states agree that:
A. Except as provided in Articles I (F),
III (B) and III (C) of this Treaty, from
the date on which this Treaty enters into
force, the international boundary between
the United States and Mexico in
the limitrophe sections of the Rio Grande
and the Colorado River shall run along
the middle of the channel occupied by
normal flow and, where either of the
rivers has two or more channels, along
the middle of the channel which in
normal flows has the greater or greatest
average width over its length, and from
that time forward, this international
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boundary shall determine the sovereignty
over the lands on one side or the other
of it, regardless of the previous
sovereignty over these lands.
B. For the purposes of this Treaty, the
Commission shall in each case determine
the normal flows, which shall exclude
flood flows, and the average widths,
referred to in the preceding paragraph
of this Article.
C. The Commission, on the basis of the
surveys which it shall carry out as
soon as practical, shall with appropriate precision delineate the international boundary on maps or aerial
photographic mosaics of the Rio Grande
and of the Colorado River. In the
future, the Commission shall make
surveys as frequently as it may
consider justifiable, but in any
event at intervals not greater than
ten years, and shall record the
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position of the international boundary
on appropriate maps. Each of the Governments shall bear half of the costs and
other expenses determined by the Commission
and approved by the two Governments for
the surveys and maps relating to the
boundaries.
ARTICLE III
In order to minimize problems brought about by
future changes in the limitrophe channels of the Rio
Grande and the Colorado River, the contracting states
agree that:
A. When the Rio Grande or the Colorado River
moves laterally eroding one of its banks
and depositing alluvium on the opposite
bank, the international boundary shall
continue to follow the middle of the
channel occupied by normal flow or, where
there are two or more channels, it shall
follow the middle of the channel which
in normal flow has the greatest average
width over its length.
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B. (1) When the Rio Grande or the Colorado
River, through movements other than
those described in paragraph A of
this Article, separates from one
Contracting State a tract of land,
which might be composed of or
include islands, of no more than
617.76 acres (250 hectares) and
with an established population of
no more than 100 inhabitants, the
Contracting State from which the
tract of land has been separated
shall have the right to restore
the river to its prior position
and shall notify the other Contracting State, through the Commission,
at the earliest possible date
whether or not it proposes to
restore the river to its prior
position. Such restoration must
be made at its own expense within
a period of three years counted
from the date on which the Commission
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acknowledges the separation; however,
if such restoration should have been
initiated but not completed within
the period of three years, the
Commission, with approval of both
Governments, may extend it for one
year. The boundary shall remain in
its prior location during the periods
herein provided for restoration of
the river, notwithstanding the
provisions of Aiticle II (A) of
this Treaty.
(2) If at the conclusion of the periods
herein provided the river has not
been restored to its prior position,.
the international boundary shall be
fixed in accordance with the
provisions of Article II (A) of
this Treaty, and sovereignty over
the separated tract of land shall,
as of that date, pass to the
Contracting state on whose side of
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the river the separated tract is
then located. Should the contracting
State from whose territory the tract
was separated notify the other
Contracting State of its intention
not to restore the river to its
prior position, the international
boundary shall be fixed in accordance
with the provisions of Article II (A)
of this Treaty, and sovereignty over
the separated tract shall change as
of the date on which notification
is given through the Commission.
(3) When a tract of land passes from
the sovereignty of one contracting
state to the other in accordance
with paragraph B (2) of this Article,
its area shall be ascertained and
recorded by the Commission as a
credit in favor of the Contracting
State from which it was separated,
for later compensation by an equal
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area in a natural separation of a
tract of the other Contracting
State which is not restored or in
a future rectification recommended
by the Commission and approved by
the two Governments in the same
river. The costs of such rectifycations shall be divided equally
between the Contracting States and,
upon completion, the middle of the
new channels shall become the
international boundary and the
Commission shall cancel the
corresponding credit.
C. When the Rio Grande or the Colorado River,
by movements other than those provided in
paragraph A of this Article, separates
from one Contracting State a tract of land,
which might be composed of or include
islands, having an area of more than
6l7.76 acres (250 hectares) or an
established population of more than 100
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inhabitants, the international boundary
shall remain in its prior position and
sovereignty over the separated tract of
land shall not change, notwithstanding
the provisions of Article II (A) of this
Treaty. In such cases the Commission
shall restore the river to its prior
channel as soon as practical, equally
dividing the costs between the Contracting
States. As an alternative procedure the
Commission, with the approval of the two
Governments, may rectify the channel of
the river in the same section in which
the separation occurred, so as to t***sfer
an equal area to the Contracting State
from which the tract of land was separated.
The costs of these rectifications shall be
divided equally between the two Governments
and, upon their completion, the middle of
the new channels shall be the international
boundary, as defined in Article II (A) of
this Treaty.
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D. The Commissioners shall exchange all
information coming to their attention about
possible or actual separation of lands as
referred to in paragraphs B and C of this
Article. The Commission shall promptly
make tbe necessary surveys and investigaI
tions in all cases of separation and
determine, in accordance with the provisions
of paragraphs B and C of this Article, which
type of separation has taken place.
E. Pending any changes in sovereignty brought
about by the application of paragraphs B
or C of this Article, each contracting
State shall extend to the nationals of
the other such facilities for t***sit
through its territory as may be necessary
to permit the use and enjoyment of
separated tracts as before the separation,
including such exemption from customs
duties and immigration procedures as may
be necessary.
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F. When in the limitrophe reaches of the Rio
Grande and Colorado River, a part of the
channel temporarily loses its character
as the boundary by reason of the changes
contemplated in paragraphs B and C of
this Article, the international character
of the use and consumption of those waters,
in the order established under Article 3
of the Treaty of February 3, 1944, [1
] shall
not be modified.
ARTICLE IV
In order to reduce to a minimum the shifting of
the channels of the Rio Grande and the Colorado River
in their limitrophe sections, and the problems that
would be caused by the separation of tracts of land,
the Contracting States agree that:
A. Each Contracting State, in the limitrophe
sections of the Rio Grande and the Colorado
River, may protect its bank against erosion
and, where either of the rivers has more
than one channel, may construct works in
1
TS 994; 59 Stat. 1225.
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the channel or channels that are completely
within its territory in order to preserve
the character of the limitrophe channel
provided, however, that in the judgment
of the Commission the works that are to be
executed under this paragraph do not
adversely affect the other Contracting
State through the deflection or obstruction
of the normal flow of the river or of its
flood flows.
B. (1) Both in the main channel of the river
and on adjacent lands to a distance
on either side of the international
boundary recommended by the Commission
and approved by the two Governments,
each contracting State shall prohibit
the construction of works in its
territory which, in the judgment of
the Commission, may cause deflection
or obstruction of the normal flow
of the river or of its flood flows.
Full text of the treaty:
http://www.state.gov/documents/organization/125390.pdfLOL! Here is part of the Boundry Treaty of 1970 be... (