But the barrier has raised particular legal and foreign policy implications, because the Rio Grande is an international border, covered both by treaties and federal law on the use of navigable waterways.
Texas did give a heads-up to the International Boundary and Water Commission a month before the Corps of Engineers caught wind of the buoys. It’s unclear if or when commission officials alerted any U.S. agency, or when the information reached the White House. Mexican officials also say the barrier diverts the natural flow and will worsen flooding on their side.The Justice Department contends that Texas violated the Rivers and Harbors Act of 1899, which forbids unauthorized construction in navigable waterways.
Source: Law Daily Report (lawdailyreport.net)
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