684A.85/7–351: Telegram
The Consul at Jerusalem (Tyler) to the Department of State 1
priority
2. In view potential grave results to Jordan, future Jordan-Israeli relations and impossibility of resettling any refugees if water level [Page 744] and salt content river make Jordan unfit for irrigation (Deptel 145 June 28)2 ConGen after consultation Fischer PCC puts forth following: Article 3 para 2 of both Egyptian and Jordan armistice agreements with Israel identical.
This paragraph prohibits land, sea or air mil or para mil forces of either side from taking any hostile or warlike act against other. It is understood that the banning of hostile acts only by mil or para mil forces was basis of reasoning of Gen Riley in agreeing that Egypt was not breaking letter of Israeli-Egyptian armistice agreement by blockading Israel-bound ships through Suez Canal. Riley added that the blockade was not in the spirit of the agreement as it was an aggressive act.
But Jordan-Israeli armistice agreement has third para under article 3 which is not in Egyptian-Israeli agreement. This para 3 article 3 Jordan-Israeli agreement reads: “No warlike act or act of hostility shall be conducted from territory controlled by one of the parties to this agreement against the other party” and there is no ref to any mil or para-mil forces.
If Riley reasoned Egyptian blockade was aggressive act, cutting of water supply to Jordan River vital to very existence Jordan is certainly “act of hostility—conducted from territory controlled by one of the parties”—in this case Israel.
Suggest therefore Riley empowered under art 3 para 3 to halt all drainage work in Israel effecting flow of Jordan until accurate survey of its effects on Jordan has been made and agreement between Jordan and Israel reached.
ConGen agrees problem involves international water rights but if situation presently serious and growing more so daily by time World Court could render a decision Israel could present fait accompli dangerous to peace ME. Little likelihood seen here Israel willingly ceasing work while discussing matter with Jordan, and some outside pressure must be exerted.