Key Benefits:
Law 16.764
ADOPTION OF A COMPLEMENTARY TREATY OF LIMITES WITH PARAGUAY
BUENOS AIRES, July 23, 1945
The President of the Argentine Nation, in General Agreement
Ministers, decree:
ARTICLE 1. - Approve the Final Supplementary Treaty between the Argentine and Paraguay Republics in the Pilcomayo River and the Special Protocol Annex, to which they accompany the Final Report of the Joint Commission of Argentino Paraguaya Limits, of 16 August 1944 and the definitive Topographic Charter of the Pilcomayo River area between the Salto Palmar and Punto Horqueta, signed in Buenos Aires, 1945.
ARTICLE 2. - Give timely account to the Honorable Congress of the Nation.
ARTICLE 3. - Contact us, etc.
FARRELL - Ameghino - Irigoyen - Teisaire - Pistarini - Perón - Avalos - Benitez. DIAZ BENZA - SAGUIER CABALLERO - PODESTA COSTA - HELBLING - CORDINI.
Annex A-Treaty of definitive limits between the Argentine and Paraguayan Republics in the Pilcomayo River signed in Buenos Aires on 1 June 1945-
ARTICLE 1. - The Argentine and Paraguayan republics agree to set the final limit between the two countries, in the section between the points called Horqueta and Salto Palmar, referred to in article 2 of the Supplementary Treaty on Limits of July 5, 1939, as follows:
(a) Starting from the Horqueta point (geographical coordinates South latitude 23 degrees 52 22" Greenwich W length 60 degrees 50 08") the dividing line will continue through the existing Pilcomayo River water course at the time of the stowage, as revealed by the aerophotogram relay performed and, therefore, from the so-called Horqueta point will pass through 54 degrees Geographical width: the last 12 degrees From this last point the dividing line will continue in general direction towards the East by the baths of the Pilcomayo River that pass to the North of Santa Ana point (geographical coordinates: South latitude 24 degrees 06 09" 8: Greenwich W longitude 60 degrees 17 25", 5) to the South of Tap. B. Madrid (geographical coordinates: South latitude 24 degrees 01 23", 2: Greenwich W longitude 60 degrees 12 44", 0) and Isleta North point (geographical coordinates: South latitude 24 degrees 04 05", 6 Greenwich W longitude 60 degrees 07 53", 8) to the lagoon Bella will cross through it to reach the channel that forms the main emissary of this lagoon in the place approximately six hundred meters northwest of the former Fn Zalazar c) From this last place the dividing line will follow an approximate straight line until reaching the place where the Salto Palmar is located on the date of the redemption of ratifications of this treaty. It is understood that the dividing line specified in this Article is the one indicated with red ink by a line of crosses and points on a double exemplary letter, which is added to this treaty, and which, together with it, subscribe to the above-mentioned plenipotentiaries, which is entitled "Argentine-Paraguaya Joint Limits Commission. Final Topographic Charter of the Pilcomayo River Area between Salto Palmar and Punto Horqueta, raised in accordance with Article 2 of the Complementary Treaty on Limits and Article 2 of the Special Protocol annexed to the Complementary Treaty on Limits between the Argentine and Paraguay Republics, both dated July 5, 1939. Asunción del Paraguay, 8 August 1944. With the delineation of the border line, a proposal of common agreement by both delegations members of the Joint Commission on Argentino Paraguaya Limits, according to Act 15, dated in Asunción del Paraguay on August 8, 1944."
ARTICLE 2. - In order to demarcate and characterize the boundary line set out in article 1 of this treaty, both Governments agree to establish a Joint Commission for the Demarcation of Limits, composed of two delegates per country, which shall initiate its tasks within a period not exceeding six months after the exchange of ratifications. The Commission shall also be responsible for the demarcation and characterization of the limits set out in article 1 of the supplementary treaty of 5 July 1939.
ARTICLE 3. - In order to ensure the stability of the dividing line indicated in article 1, and the use of the flow of the waters, both governments agree to carry out the works indicated in the preliminary draft formulated by the Mixed Technical Commission for Hydraulic Studies and Works of the Pilcomayo, according to the record of 30 November 1943 subscribed in Asunción and officialized by the Joint Commission of Argentine-Paraguaya Limits. Such works shall be initiated within a period not exceeding two years and six months, from the date of the exchange of ratifications of this treaty. The procedure for the financing and award of such works is set out in the special protocol annexed to this treaty.
ARTICLE 4. For the purposes of the execution and control of the hydraulic works determined in the previous article, both Governments agree to the creation of a Joint Commission for Hydraulic Works of the Pilcomayo River, composed of a technician for each country. This commission is authorized to make, in common agreement and always in accordance with the letter and spirit of the present treaty, the modifications of detail that are deemed necessary or appropriate to introduce to the preliminary draft of hydraulic works, in order to facilitate the execution of such works and the preservation of them. The commission must begin its tasks within a period not exceeding three months from the date of the redemption of ratifications.
Within the following twelve months, the final project of works and budget will be raised to both Governments, which will be produced on those projects within two months of their submission. The Mixed Commission of Limits will take into account the detailed modifications introduced in the plan of works, as well as those produced in the main course of the waters within the terraplens of addiction referred to in the preliminary draft of such works.
ARTICLE 5. - Both governments agree to establish a regime for the administration of the waters of the entire course of the river Pilcomayo, from the tripartite point Esmeralda (geographical coordinates:
Latitude South 22 degrees 13 44", 19: Greenwich W length 62 degrees 38 17", 10), until its mouth in the Paraguay River, as well as the conservation of the works carried out and the use of the flow of the waters, in such a way that all this is monitored and can be taken in each case and as soon as the corresponding measures are necessary so that no deviations or alterations of the current course of the Pilcomayo River in the first sector and third sector are necessary. To that end, they will organize, on a permanent basis, an Argentine-Paraguay Joint Commission for the Administration and Monitoring of the Pilcomayo River, integrated with a technician from each country. Until the hydraulic works provided for in article 3 of the present treaty are completed, the Joint Technical Commission for Hydraulic Works established by article 4 of the Treaty shall be responsible for these functions.
ARTICLE 6. - For the purposes of the financing and award of the works referred to in article 3, and for the operation and regulation of the joint commissions provided for in article 2, 4 and 5 of this treaty, a special protocol annexed to the same date is signed.
ARTICLE 7. - This treaty shall be ratified in the shortest term, and shall enter into force from the time of the exchange of ratifications, an act to be held in the city of Asunción.
In faith of which, the above-mentioned plenipotentiaries sign this treaty by duplicate and seal them in the city of Buenos Aires, on June 1, 1945.- Ameghino. - Pecci.
Annex B-Special Protocol Annex to the Treaty Supplementary to Final Limits between the Argentine Republics and Paraguay in the Pilcomayo River signed in Buenos Aires on 1 June 1945-
ARTICLE 1. - The Joint Demarcative Commission on Limits established by article 2 of the Treaty on the Complementary Limits of the date shall be responsible for the demarcation and characterization in the field of the limits set forth in article 1 of the treaty already referred to and, in article 1 of the Supplementary Treaty on Limits dated 5 July 1939, subscribed between the two countries.
ARTICLE 2. - The Mixed Commission on Limits will meet initially in the city of Buenos Aires, within the time limit stipulated by the respective treaty, for the purpose of its constitution and for the drafting of its technical and administrative regulations, which will be elevated for its consideration and approval to both Governments.
It will also develop the workplans. The Joint Commission on Limits will not cease its functions until it has terminated its task.
ARTICLE 3. - All the proceedings of the Mixed Demarcator Commission of limits shall be recorded in records broken in two copies of the same tenor, subscribed at least by one of the delegates of each country. These, accompanied by the respective plans and monographs of the pillars and milestones placed, will be elevated to both Governments, upon approval by the commission at a plenary meeting. Campaigned records, for the legalization of pillars and milestones of characterization of the border line may be subscribed by only one of the delegates of each country, but for their final validity, they shall be equally considered and approved at a plenary meeting of the Joint Commission on Limits.
ARTICLE 4. Within a period not exceeding six months from the date of receipt of the respective records, Governments undertake to vacate the land areas which, in accordance with the conclusions of the Joint Limiting Commission, and through the procedure established in the previous article, move from the jurisdiction of one to another.
ARTICLE 5. The construction of pillars and milestones of characterization is carried out by each country in the part of its territory. The pillars and milestones of characterization that are placed will be related by means of a polygonal, a triangulation, astronomical determinations or, as appropriate, by transporting the geographical coordinates that correspond to each of them.
Permanent attention to the care and preservation of border milestones or signals is provided by the respective jurisdictional authorities, which shall immediately inform their respective Governments of any abnormality they observe. Where the replenishment of pillars and milestones is necessary, only delegates from both countries can be made in the presence of the relevant minutes.
ARTICLE 6. - Once the Joint Commission on Limits has been established and approved to be the respective regulations, work will be initiated in the shortest possible time, for which the respective field commissions will be organized. Both delegations of the Joint Commission on Limits shall, with due anticipation of their respective Governments, request the appointment of technical operators and auxiliary staff necessary for the execution of field and cabinet work, whose number shall be equal on each side. When some of these posts remain vacant, the respective government shall appoint, the replacement, without the vacancy being caused by the discontinuation of the work.
ARTICLE 7. - If divergences on the location of the demarcation line occur in a given area, the Joint Demarcation Commission of Limits will proceed to the lifting of the questioned area and to the making of a plan at a larger scale. This plane, accompanied by the actions to which the differences produced occurred, will be elevated to the decision of both Governments. The substance of such divergences will not suspend the normal continuation of the other demarcation works.
ARTICLE 8. - After the demarcation for each working period has been completed, the Demarcation Commission of Limits will draw up the respective level of the demarcated area, in two originals subscribed by all delegates, which will be elevated to both Governments.
ARTICLE 9. - The Joint Technical Commission for Hydraulic Works of the Pilcomayo River, created by article 4 of the supplementary treaty of definitive limits of the date, shall be responsible for the final review and project of the hydraulic works agreed to in article 3 of the aforementioned treaty.
ARTICLE 10. This commission will meet, initially, in the city of Buenos Aires within the time limit stipulated by the treaty concerned, for the purpose of its constitution and for the drafting of the technical and administrative regulations, which will be elevated for consideration and approval to both Governments. It will also develop work plans for the development of its role.
ARTICLE 11. - Approved by both Governments, the final project of hydraulic works, the Joint Technical Commission for Hydraulic Works of the Pilcomayo River, will be responsible for overseeing the implementation of these works.
ARTICLE 12. - Along with the final project of the works, the Mixed Technical Commission for Hydraulic Works of the Pilcomayo River will raise the necessary measures and regime to be taken into account for the execution, conservation and administration of such works.
ARTICLE 13. - Until the agreed hydraulic works are completed, the Joint Technical Commission for Hydraulic Works of the Pilcomayo River will simultaneously exercise the functions of the Argentine Joint Commission for the Administration and Monitoring of the Pilcomayo River, for the purposes of the implementation of article 5 of the Complementary Treaty on the Limits of the date, and shall bring to the approval of the respective Governments the necessary regulations to that effect.
ARTICLE 14. Within two months of the adoption of the final project of works and the budget thereof, referred to in article 4 of the Supplementary Treaty on Definitive Limits of the date, both Governments shall, in common agreement, decide which of them shall be responsible for the execution of these works, which shall be awarded to official distributions or enterprises of the nationality of the designated country.
ARTICLE 15. - The Tribunals which, in accordance with the provisions of the previous article, must execute the works, shall bear all the expenses of their execution.
ARTICLE 16. - Activities in the campaign of the various mixed commissions will be recorded in a campaign journal, in double copy of the same tenor.
ARTICLE 17. - Each country shall pay for the staff and the costs incurred by its respective commissions and shall provide them with the instruments, means of mobility, vessels and other elements necessary for the execution of their work. The common costs of the various joint commissions shall be financed by equal shares.
ARTICLE 18. - The instruments, work materials, vehicles, luggage, nurseries and all the supplies and items required by the various joint commissions shall enjoy customs franchises in both countries and complete freedom of internment and transit. The contracting Governments undertake to provide facilities for the transport of civilian or military personnel, equipment, instruments, etc., of the joint commissions, as well as to allow military or civilian aircraft, which have a mission to perform in the work, to fly in the border area, to do so, all facilities for the use of landing and hangar fields.
ARTICLE 19. - This special protocol shall be ratified in the shortest term and shall enter into force, from the time of the exchange of ratifications, an act to be held in the city of Asunción.
In faith of which, the plenipotentiaries above indicated, sign the present special protocol by duplicate and seal it in the city of Buenos Aires, the first day of June of the year thousand nine hundred forty-five. - Ameghino. Pecci.
Annex C- Final Report of the Joint Commission of Paraguayan Argentine Limits of August 16, 1944 and Final Topographic Charter of the area of the Pilcomayo River between the Salto Palmar and Punto Horqueta, affirmed in Buenos Aires on June 1, 1945-
I Background to the Joint Commission
The Mixed Commission of Limits was created by article 2 of the Complementary Treaty of Limits between the Argentine Republics and Paraguay, signed in Buenos Aires on July 5, 1939, to determine the border line in the area between the following points: By the North, from Horqueta following the estuaries formed by the northern arm of the Pilcomayo River to the Argentinian fort Caracoles by the South, from the same point The Special Protocol annexed to the Supplementary Treaty on the Limits gives the directives to which the joint commission should be adjusted for the fulfilment of its mandate, as provided for in article 1 that the commission shall be composed of three technical delegates for each of the high contracting parties, apart from the member that each country shall designate to integrate a joint technical commission to study and formulate the plan of necessary works that permit the proportional distribution of the flow of the river Pilcomayo, The Complementary Treaty of Limits, signed by the Minister of Foreign Affairs and Worship of the Argentine Republic, Mr. José María Cantilo, and the extraordinary envoy and plenipotentiary Minister of the Republic of Paraguay accredited to the Argentine government, Dr. Higinio Arbo, took to a happy conclusion in the desire to settle the question of outstanding limits between the two countries, due to the lack of geographical determination of the boundary of the river Pilcomayo For this reason, the Joint Limits Commission is established for the study of this central area. In article 1 of the treaty, both countries agree to set the final limit on the common border on the Pilcomayo River, excluding the area under study of the joint commission by article 2, as follows: 1. Starting from the mouth of the river Pilcomayo in the river Paraguay to the South of the Cerro Lambaré, whose approximate geographical coordinates are: length 57 degree 38 minutes 57 seconds, 6 and latitude 25 degrees 22 minutes 05 seconds, 2, the border line will go back to the course of the Pilcomayo until its bifurcation in two arms in the Fontana Boards and from here will follow the current course of the south arm to which the report 2. From the point called Horqueta, located approximately 5 kilometers east of the Argentine fort New Pilcomayo, the line will again follow the current course of the Pilcomayo River to the place called Esmeralda, boundary between Bolivia and Paraguay. The exchange of ratifications of the treaty and the special protocol was signed in Buenos Aires on 10 November 1939 by the Minister for Foreign Affairs and Worship of the Argentine Republic, Don José María Cantilo, and the business manager of the Republic of Paraguay, Don Silvio Maldonado (annex 1). The Constitution of the Joint Limits Commission Within the time limit stipulated in article 3 of the special protocol annexed to the treaty and in compliance with article 2 of the treaty, it was established in the city of Buenos Aires, on 9 January 1940, the Joint Commission on Argentinoparaguaya Limits, at that time making its first meeting with the aim of drafting and adopting the technical and administrative regulations. At that meeting, held at the offices of the Division of International Limits of the Ministry of Foreign Affairs and Worship, a record 1, known as a constitution, was opened and signed with the assistance of the following delegates: from the Argentine Republic, engineer Dionisio Quinteros, Captain Rodolfo C.
Perazzo, Mr. Augusto Tapia and the member of the Joint Technical Commission for Hydraulic Studies and Works of the Pilcomayo, engineer Carlos A. Volpi of the Republic of Paraguay, captain of ship engineer José Bozzano and engineer Fernando Saguier Caballero. According to Act 2 of the Mixed Commission of 15 January 1940, Mr. Enrique Abal was appointed secretary and it was decided that, at all meetings held in the Argentine Republic, he would serve as Chairman of the Mixed Commission the President of the Argentine delegation and, in which the President of the Paraguayan delegation took place. Subsequently, the government of Paraguay completes its delegation with the engineer delegate Agustín Muñoz and with the member to the Joint Technical Commission for Hydraulic Studies and Works of Pilcomayo, engineer Vasilio Yakovleff. Since April 3, 1941, the Argentine delegation of limits with Paraguay was composed of Dr. Luis A. Podesta Costa, Colonel Otto H. Helbling and Dr. Isaias Rafael Cordini, in substitution of the engineering delegates Dionisio Quinteros, Captain Rodolfo C. Perazzo and Mr. Augusto Tapia (act 8). On March 24, 1941, at the disposal of the government of Paraguay, engineer Linneo Insfrán replaces in the presidency of the Paraguayan delegation the captain of engineering ship José Bozzano, and on the 28th of the same month the captain of corbeta (S.R.) Américo González Merzario replaces in his functions as a delegate to the engineer Agustín Muñoz (act 8). From the 12th of February, 1942, in substitution of the engineer Linneo Insfrán, was appointed president of the Paraguayan delegation, Colonel Gaudioso Nuñez (acta 11), exercising that position until the 2nd of December, 1943, when he is substituted by the current president of the Paraguayan delegation, captain of the ship Ramon Díaz Benza (act 14). The two-year deadline set for the Joint Commission, by article 4 of the supplementary treaty of limits, for the conduct of its work and the presentation of the final report was extended successively by the end of one year, in common agreement between the two Governments, with dates 21 May 1941, 30 October 1942 and 5 November 1943. (Annex 2 is attached to the record book).
II. Relationship of work carried out by the Joint Commission and contracted services
(a) Technical and Administrative Regulations. The Technical and Administrative Regulations referred to in article 3 of the special protocol annexed to the supplementary treaty of 5 July 1939 (annex 1), detailing the general work plan for the Mixed Commission and its institutes for the execution of aerophotogrammetric, geological, hydrogeological and hydraulic work, are set out in records 3 and 4 (annex 2). In the month of August 1940, the delegates of the Mixed Commission of Paraguayan Argentinian Limits were constituted in campaign, based on operations the central camp of the Argentine delegation to the commission of limits, located on the right bank of the Pilcomayo river, in the vicinity of the Argentine fort Nuevo Pilcomayo. From that date to December 1943, field studies continued, at which time the work in the Mixed Commission was almost completed. The complete relationship of the explorations and recognitions carried out is detailed in the campaign papers for the years 1940, 1941, 1942 and 1943 (annex 3), and in the campaign records dated 29 September and 15 December 1943, inserted in the minutes 14 of the Joint Commission (annex 2).
(c) Contracted services. (1) Argentine Military Geographical Institute. On the basis of article 2 of the special protocol annexed to the treaty, the Mixed Commission entered into a contract with the Argentine Military Geographic Institute on 10 March 1940 to ensure that it was responsible for all the work involved and derived from an aerophotogrammetric lifting of the disputed area (annex 4). The Military Geographic Institute complied with its contract by carrying out the following works, which were considered and approved by the Joint Commission, as stated in the record number 13, of 21 April 1943: - Aerophotogrammetric erection of the disputed area, composed of a set of aerophotogrammetric mosaics, in triplicate, scale 1: 20,000. The airlift work was carried out in the months of August and September 1941. - Another game, in duplicate, scale 1: 60,000. - A triplicate fabric of aerophotogrammetry, scale 1: 60,000 (annex 5). - Leveling of line 80 with forty altimetric pillars, between fort New Pilcomayo and fort Sergeant 1 Laws and their branches. - Determination of 16 expeditionary astronomical points in the following places: Zanja de la China, La Palmita, Los Chañares Altos, Tapera Monte Lindo, Corral de los Paraguayos, Fortín Sorpresa Nuevo, Tapera Baldomero Madrid, Post Isleta, Santa Ana, Navagan, Fortin Yacaré, El Caraitá, ex Fortín Sanidad, Thalmann, Fortín These works were carried out between August 6, 1940 and September 18, 1942. 2) General Directorate of Irrigation. Work on the ground began on 9 December 1940 and ended in April 1943, thus covering a period of two years and four months. These works include: - Study of the water regime in the area of the second sector of the river Pilcomayo, with the necessary extension in the adjacent sectors. - Draft works referred to in article 6 of the supplementary treaty of 5 July 1939. The complete relationship of the work carried out by the Directorate General of Irrigation of the Ministry of Public Works of the Argentine Republic is inserted in the report presented to the Joint Technical Commission for Hydraulic Studies and Works of the Pilcomayo (annex 6). Work on the ground began in September 1941 and was completed in October 1942, as shown in the record number 13, paragraph 2. These works include: - Various perforations distributed in the adjacent areas of the second sector of the Pilcomayo River. - Topographic works of detail necessary for the work of a geological character. The full account of the work carried out by the Directorate of Mines and Geology of the Ministry of Agriculture of the Argentine Republic is included in the report submitted on 10 February 1944 to the Chair of the Joint Commission (annex 7) and in the communications dated 4 March 1942, note number 301 42, and dated 27 February 1943, note number 320-43, transcribed in record number 11. point first and record number 13, first, respectively.
III Final topographic chart of the area of study of the second sector of the river Pilcomayo
Pursuant to article 2 of the special protocol, annexed to the supplementary treaty of 5 July 1939, the Joint Commission has prepared the final letter of the area of study of the second sector of the Pilcomayo River, on the basis of the aerophotogrammetric uprising carried out by the Argentine Military Geographic Institute. This basic cartographic document has been supplemented by the following data: - Data resulting from the recognitions made by the delegates of the Joint Commission. - Data resulting from the topographic survey by the topographer Rodolfo Fait in accordance with the work plan set out in the record number 13. - Data resulting from the work and checks carried out by the General Directorate of Irrigation and Management of Mines and Geology of the Argentine Republic, in compliance with the respective conventions. The final letter of reference (annex 8) is identified with the following legend: "Comisión Mixta de Limites Argentinoparaguaya. Final topographic letter of the area of the Pilcomayo river between Salto Palmar and Punto Horqueta, raised in accordance with article 2 of the supplementary treaty of limits and article 2 of the special protocol, annex to the Complementary Treaty of Limits between the Republics of Paraguay and Argentina both dated 5 July 1939. Asunción del Paraguay, 8 August 1944. With the delineation of the border dividing line, a proposal of common agreement by both delegations members of the Joint Commission on Argentino Paraguaya Limits, according to the record number 15 dated in Asunción del Paraguay on August 8, 1944". This final letter is signed in the city of Asunción del Paraguay and on the same date by the delegates of the Mixed Commission, and serves as the basis for the conclusions and proposals that are included in the final part of the present report.
IV Result of physiographic research
The Pilcomayo River of the third sector (Esmeralda-Punto Horqueta), has its headers in the Andes highland. These heads cover an active watershed of about 68,000 square kilometres, subject to an average annual rainfall of about 700 millimetres. The two thirds of the total amount of this annual rainfall occurs in the months of December, January, February and March of each year, resulting in the growing annual waters of the Pilcomayo River. In 1942, the total volume of the waters that passed through Punto Horqueta was 3,648 million cubic metres. In periods of stiaje, that is, usually in the months of April to November of each year, the waters of the Pilcomayo river, entering second sector through the Horqueta point, follow a well-defined channel, 80 meters wide and 6 meters of rods, and taking a general course from West to East, pass through Zanja de la China (astronomical point), then pass to the North of the former Günuemes fort. By reaching the meridian of the former Posta General Lavalle, the rods of the Pilcomayo River, which since Zanja of China have gradually diminished, disappear. The waters of the river Pilcomayo until then well channeled, spread over a wide expanse of land, dividing into countless fillets of water, forming bathed, almost completely invaded by aquatic vegetation based on totora. In its march to the East, several water mirrors, free of aquatic vegetation, are formed within the course of these baths, called lagoons by the inhabitants of the region. From the meridian of the former Posta General Lavalle, the baths of the river Pilcomayo pass to the North of Santa Ana (astronomical point), to the South of Tapera B. Madrid (astronomical point), to the North of Post Isleta (astronomical point), and then form the lagoon La Bella, the largest water mirror free of water vegetation, within the course of these baths. Part of the waters of the lagoon. The Bella departs to the East by an emissary, which passes 600 meters to the North of the former Fortín Zalazar and then is filled quickly into the totoral (tyspha dominguensis) that covers again the entire extension of the course of the baths of the Pilcomayo River. Following to the East they are formed again within these baths, several water mirrors, free of aquatic vegetation, among which the so-called Vera lagoon, located north of the former Guaran Nuevo fort. As you pass to the Northwest of the former Caracoles fort, the waters of the baths of the Pilcomayo River enter Paraguayan territory. The Pilcomayo River of the first sector forms its rods in the eastern end of the Estero Patiño, in the Salto Palmar. This Salto Palmar, about 3 meters down, is fed by the shallow waters that run inside the Estero Patiño basin, downstream of the Salto Palmar, these waters follow the course of the Pilcomayo river of the first sector, between rods of about 3 meters in the Salto Palmar that, quickly, about 2,000 meters down, reach about 6 meters high. From the observations made, the Salto Palmar recedes about 500 meters per year towards the Northwest. The Estero Patiño extends between Salto Palmar and the ex fortín Zalazar. In the growing times, that is, in the months of December, January, February and March of each year, the waters of the Pilcomayo River of the third sector increase enormously. It is enough to remember that of the 3,648,000,000 cubic meters that in the course of one year pass through the Horqueta Point, 2.900,000.000, that is 80%, pass through this place in the aforementioned four months. If we follow these waters, on the route indicated above, it is noted that at several points of this route the waters of the river Pilcomayo, hardly maintained between the cliffs of its channel, leave several times as a mother. It is estimated that 20% of these waters deviate to the northeast, above the threshold of Zanja de la China, following the baths that develop towards Tapera Monte Lindo (astronomical point) in the direction of Tinfunqué: it is estimated that the remaining 80% feeds the baths of the river Pilcomayo that begin from the meridiano of the former post General Lavalle: it is estimated that it has only 38 % of the past The difference is lost in the path between the meridian of the former post General Lavalle and La Bella lagoon, by evaporation, spill and insubmission. This water supply increases the level of the La Bella lagoon: its waters flow through several points, all located towards the southeast end of the lagoon, in the vicinity of the former Zalazar fort. The waters of these overflows, following a minimum resistance line, break into the Estero Patiño basin, and feed for two months, in March and April, the Salto Palmar. The decalage of two months between the beginning of the growing river Pilcomayo, in Punto Horqueta, and the epoch of the overflows of La Bella lagoon, is due to the time that it needs the growing wave to make the journey between the Horqueta and La Bella Lagoon, and to produce the increase in the level of the waters of the same. It is estimated that 11.5 % of the flow that has passed through the Horqueta Point, in the times of growing, feeds the Estero Patiño and that 27 % of the same feeds the baths of the Pilcomayo River, east of the La Bella lagoon.
FEDERAL CAPITAL
The baths of the Pilcomayo River, which extend to the east of La Bella Lagoon, are of a permanent character, and are invaded by a tupidated vegetation of totora, within which several water mirrors, free of aquatic vegetation, form, as already said. The Estero Patiño receives the waters from the shores of the La Bella lagoon for two months of the year, those of March and April.
For the rest of the year, the Estero Patiño basin receives only the waters of local rainfall.
According to the rainfall regime, the Estero Patiño can completely dry up at certain times of the year, except for some basins and depressions, where the waters meet and remain for a while. The rainfall, in the area of the second sector, reaches an annual average of 700 millimetres of rain, distributed irregularly within the year, also feeding the baths of the area. The water naps found have a low flow rate and generally a high salinity. It is not possible to think about obtaining drinking water through deep perforations, since those carried out by the Directorate of Mines and Geology, in number of four, which reached depths between 150 and 400 meters, have shown that such waters are extremely loaded with salts. These circumstances, which are supposed to be general for every area, show that the waters of the Pilcomayo River have, in the area of the second sector, a great importance, since they constitute the only source of drinking water worthy of consideration, for their quality and abundance. The dry channel of the river Pilcomayo starts from the Horqueta Point, on the right margin, heading towards the South and then by an inflection to the East and then to the Northeast, reaching the ex fortín Zalazar, located on its same right margin, as clearly indicated by the final topographic letter of the second sector of the river Pilcomayo, between Salto Palmar and Punto Horqueta, elaborated by the Mixta de Limites Commission. This dry channel, in some parts of imposing appearance, reaches a width of 100 meters with rods of 4 to 8 meters. From the former fortin Zalazar this channel continues towards the East in a less definite form, then listed in the final topographic letter of the second sector of the river Pilcomayo under the name "Confuso Seco". One of the main characteristics of the Pilcomayo River of the third sector, when arriving at the Horqueta Point, consists of the existence of annual growths, covering the months of December to April, during which 80% of the annual volume passes through this Horqueta Point. The other essential feature of this Pilcomayo River consists of the extraordinary amount of solid material that is suspended: the measurements made have dropped values of 20 to 50 kilograms of suspended material per cubic meter of water. The total average annual drag reaches 70,000.000 cubic meters. This solid material formed by fine sands and lemons, kept in suspension by the turbulence of the waters due to the speed of the waters, is deposited as soon as this speed is insufficient for the production of this phenomenon. Throughout the course of the current Pilcomayo river, in the second sector, it occurs from the meridian of the former General Lavalle post. From this point on the river Pilcomayo deposits all the material in suspension. That is to say that from this point, the Pilcomayo River deposits an average of 70,000.000 tons of sand and lemons each year. With this huge deposit the river Pilcomayo is filling its own channel and must then cut its rods into these same river deposits, while raising the level of the bed on which it runs. In this way, after a certain period of time, the course of the river Pilcomayo, channeled between rods and with a bed located at a level above the level of the surrounding terrain, is found with all favorable conditions for a change or deviation of the channel, under the influence of any fortuitous factor.
The Pilcomayo River breaks at any point its rods of essentially denable nature and precipitates its waters to points of lower absolute level, abandoning its primitive channel.
These changes of channel leave as vestiges the so-called dry channels, sometimes imposing for their dimensions are usually found on the land innumerable dry channels of smaller dimensions, especially in the region between the dry channel of the Pilcomayo River and the current Pilcomayo River. It is worth noting that the great changes of channel seem to be related to growing extraordinary of the Pilcomayo River of the third sector. Small rubber changes are much more frequent and constitute a permanent phenomenon. As mentioned above, the Pilcomayo River of the first sector forms its rods in the Salto Palmar, within firm and coherent terrains of defined geological constitution, which has been called "Serie de Salto Palmar". The geological age of this Salto Palmar series has not been specified because it has not been found on it characteristic fossils: by the perforations carried out by the Directorate of Mines and Geology, it is indicated that the thickness of this Salto Palmar series exceeds 300 meters. The Pilcomayo river of the third sector and of the second sector, form their rods in their own sandal deposits, of consistency therefore specifically deleznable. But under these herbal deposits, the formation of the coherent terrains of the "Serie de Salto Palmar" is found, at little depth. With the regress of the Salto Palmar, there will be a decrease in the base level of the Pilcomayo River of the third and second sector. This decline will strongly help the definition and stabilization of the Pilcomayo River, that is, the border line.
V Conclusions
The above review demonstrates the sui géneris nature of the Pilcomayo River in the second sector, that is, the area between Salto Palmar and Punto Horqueta, that the Complementary Treaty of Limits of 5 July 1939 has commissioned to study the Mixed Commission in order to propose the border line. However, this physiographic review shows the following fundamental conclusions in this regard, also revealed by aerophotogrammeal relay as well as by topographic field studies: (1) In the first place, within the second sector there is not proper a river with a single channel, continuing and permanent as the aforementioned 1939 treaty had already foreseen, but it is, without any doubt, from the Horqueta and in general direction to the East, a channel through which runs the largest volume of the waters these pass through Zanja de la China and then to the North of the former Güuemes foret and to the North of La Palmita. The course of water thus individualized is manifested even in the period of stiaje (April to November of each year), as shown by the studies carried out on the ground and clearly reveals the air photographs, all of which is poured into the final topographic chart referred to above. The route thus indicated is also, without a doubt, within the second sector and from the Horqueta point, the most depression line on the ground to ex post General Lavalle and from this point follows approximately the axis of the baths to the La Bella lagoon. For these reasons the Mixed Commission considers that this route should be adopted as a border line from the Horqueta Point to La Bella Lagoon. From the lagoon La Bella the waters form large baths, which extend in two directions: towards the East, penetrating into Paraguayan territory and towards the Southeast to Salto Palmar, having given to the latter, from a very distant time, the name of Estero Patiño. It seems undoubted that the border line, since it must reach Salto Palmar, by so doing stipulated in article 2 of the 1939 treaty, has to follow, from the La Bella lagoon, by the most depression sling marked by the level curves, which, as shown by the topographical uprisings, form an approximate straight line that goes from Laguna La Bella, towards the South-East, to Salto Palmar. The Mixed Commission therefore advises that in the space between the La Bella and Salto Palmar lagoon this line is adopted as a dividing line. 2) Secondly, the waters of the Pilcomayo River, throughout the area covered in the second sector, whether they constitute watercourses or only bathed, do not ensure their stability or as courses or as bathed on the contrary, as seen in the preceding chapter, are exposed, under the influence of various factors, to changes and continuous detours. As such, nothing would be achieved by stipulating between the two neighbouring countries only a border line. That line would be just a stroke on paper. Nature would soon be in charge of turning it out in any direction, unexpectedly and capriciously, much of the waters, and any of the neighbouring countries could be left with their territory absolutely without water or instead covered with useless baths. It is necessary, therefore, to set the course of the waters, to stabilize them on the ground in such a way that they do not divate or ponder, and to allow the current itself, thus increased and regulated, to dig and ensure its own channel. This aspect of the problem, which is of the utmost importance, has been addressed by the Joint Technical Commission to study and formulate the plan of works necessary to allow the proportional distribution of the waters of the Pilcomayo River, provided for in article 6 of the Complementary Treaty on Limits. This Joint Technical Commission has jointly formulated a preliminary draft of works which is contained in a record held in Asunción on 30 November 1943 (see annex 2 to the record number 14).
These works consist of the following:
(1) In two terraplens of addiction that from the proximity of Punto Horqueta will continue to the East until the vicinity of La Bella lagoon, one on each side of the proposed border line and at a distance of approximately ten kilometers each other, in order to locate the zone of divagation and burial of the above boundary defined as more permanent, as well as with the purpose of giving it stability, with all that will be obtained the Bellaqueta flow In the construction, in the latter, of a reservoir with a building of seals and security dumps 3) In the excavation, through the Estero Patiño, of a channel with a width of forty meters and one and a half meters of medium depth, starting from the main emissary of the La Bella lagoon in the place located approximately six hundred meters northwest of the fort Zalazar and following in a straight direction until reaching Salto Palmar. The problem of solving is more than a border problem, rather than a problem of quantitative division of territory: it is a problem of fixing and proportional distribution, between the two neighbouring countries, of a large mass of water that is now lost, either by evaporation, by spill or by insubmission, and always sterile. The realization of the works referred, indispensable to ensure the stability of the river in a single channel within the second sector, will also have, as a result, great benefits for both bordering countries, since it will allow the integral use, as well as the proportional distribution, between one and the other, of a volume that in the year 1942 was 3.600,000.000 of cubic meters that each year enters by Punto Horqueta and that until today are lost To such benefits, as diverse as of considerable value, the amicable and definitive solution of the problem of outstanding borders between the two countries is added. It is, without doubt, therefore, that the cost of the works, which is calculated at $7,500,000 Argentinean, or about 5,800,000 Guaraní, is a fully justified investment and can still be claimed to be relatively reduced. It is possible that, in some cases, the final studies of the addiction, reservoir and channelling work referred to in the Labrada record in Asunción on 30 November 1943, as well as during the execution of such works, it is necessary or appropriate, in the opinion of the technicians, to make certain changes in detail to the proposed project, in order to facilitate such work and its conservation. It seems undoubted that the Joint Hydraulic Commission designated for the conduct of such definitive studies and the work referred to must be authorized to introduce such modifications of detail, being understood that they must be adopted in common agreement and always within the letter and spirit of the treaties and conforming to the line proposed by the Joint Commission that subscribes. It is also possible that once the works have been carried out, and especially in the part between Punto Horqueta and La Bella lagoon, the main course of the waters, when excavating and stabilizing its own channel, will suffer some alterations in fact within the two terraplenes that are planned to be built according to the aforementioned record of 30 November 1943. Taking into account the two possibilities that have just been identified, the Mixed Commission believes it is appropriate to stipulate, in the final treaty of limits, that when demarcation of the dividing line on the ground, the aforementioned modifications of detail and the alterations of the course between the two terraplens of addiction will be taken into account. Finally, it is undoubted that the conservation of these works requires constant surveillance in order to prevent damages, as well as to repair the wears produced by time. In addition, the entire course of the Pilcomayo River, from Esmeralda to its mouth in the Paraguay River, needs special surveillance with the same object. For these reasons, those who subscribe also suggest the designation of a Mixed Argentinoparaguaya Commission of the Pilcomayo River, which will be responsible for proposing to both governments the necessary measures in each case. A special protocol would determine the functions of that commission, with the understanding that, without the need to operate permanently on the ground, it would conduct periodic inspections and involve it as often as necessary.
VI Final proposals
As a result of the above statement and pursuant to articles 8 and 9 of the Special Protocol annexed to the Supplementary Treaty of 5 July 1939, that is, in order for both Governments to conclude a defined Treaty of Limits, the Mixed Commission of Argentinoparaguaya Limits specifically formulates, in common and in full agreement, the Governments of the Republic of Paraguay and the First Republic, which consider the following: - The dividing line between the two countries, from the point called Horqueta to Salto Palmar, which refers to the treaty of 5 July 1939, will be the following, from West to East a) It will continue through the water course of the Pilcomayo river, existing in the period of stiaje as revealed by the aerophotogram relay carried out and, therefore, from the aforementioned Punto Horqueta will pass through Zanja de la China From this last point the dividing line will continue, in general direction to the East, by the baths of the river Pilcomayo that pass to the North of Post Santa Ana (an astronomical point), to the South of Tapera B. Madrid (an astronomical point), and to the North of Post Isleta (an astronomical point), to the lagoon La Bella will cross through it until reaching the channel that forms the main emissary of this 100 meters From this last point the dividing line will follow an approximate straight line to reach the place where the Salto Palmar is located on the date of the redemption of the ratifications of the Definitive Limits Treaty. Second. - In order to ensure the stabilization of the dividing line indicated in the previous article, as well as the proportional distribution of the flow of the waters referred to in the article. 6 of Treaty 5 July 1939, both Governments must also stipulate the realization and financing of the works set out in the preliminary draft by the Joint Technical Commission for Hydraulic Studies and Works of Pilcomayo, a preliminary draft which has been recorded in the record held in Asunción on 30 November 1943. Third. - The Hydraulic Mixed Commission designated for final studies and the works referred to in the previous article should be authorized to introduce, in common agreement and in accordance with the letter and spirit of treaties, the details of the proposed draft, which it considers necessary or appropriate, in order to facilitate such work and its preservation. Fourth. - The demarcating joint commission of the final boundary line shall take into account the detailed modifications mentioned in the previous article, as well as those produced in the main course of the waters within the terraplenes referred to in the preliminary draft set out in the Labrada record in Asunción on 30 November 1943. Fifth. - It should also be agreed that the water management regime of the entire course of the Pilcomayo River, from Esmeralda to its mouth in the Paraguay River, as well as the conservation of the works carried out and the proportional distribution of the waters, so that all this is monitored, in each case and as soon as it is deemed necessary, by a Joint Commission of the Pilcomayo River formed by delegates appointed by both Governments. For greater clarity, the line specified in the first article of the above propositions is indicated with red ink, by a line of crosses and alternate points, on a double exemplary letter, which is entitled: Mixed Commission of Argentine-Paraguaya Limits. Final Topographic Charter of the area of the Pilcomayo River between Salto Palmar and Punto Horqueta, raised in accordance with Article 2 of the Complementary Treaty on Limits and Article 2 of the Special Protocol annexed to the Complementary Treaty on Limits between the Republics of Paraguay and Argentina, both dated July 5, 1939. Asunción del Paraguay, 8 August 1944. With the delineation of the border line, a proposal of common agreement by both delegations members of the Joint Commission on Argentine-Paraguay Limits, according to the record number 15 dated in Asunción del Paraguay on 8 August 1944. This letter is signed by all the delegates who are members of the Joint Commission. The members of the Joint Commission on Argentine-Paraguay Limits are pleased to note that they subscribe to the present report of absolute and common agreement, as well as to place on record, once again, that both in the conduct of work and studies in the field and in the deliberations carried out together, the best cordiality, harmony and spirit of mutual understanding have always prevailed among them. As the Government of the Republic of Paraguay and the Argentine Republic has honoured the present report, the delegates who subscribe, therefore, encourage the hope that it will soon be possible to arrive on the basis of the determination and final demarcation of the limits between the two sister countries. Asunción del Paraguay, 16 August 1944.