Laserfiche WebLink
<br />838 <br /> <br />NATURAL RESOURCES JOURNAL <br /> <br />[Vol. 40 <br /> <br />Fa1l2000] <br /> <br />MANAGING ECOSYSTEM CONSERVATION <br /> <br />839 <br /> <br />information and public participation at a regional level-on priority <br />projects of their environmental agencies78 <br />The Border Environmental Cooperation Commission (BECC) was <br />established at the same time as NAFrA, although not formally as a <br />component of NAFI'A or its related environmental side accord.79 BECC is <br />desigJled to promote and certify "environmental infrastructure" projects i,n <br />the U.s.-Mexican border region, and while it neither develops nor manages <br />the projects, it aids local communities in their efforts to improve <br />environniental conditions, including developing their water-supply, <br />wastewater-treatment, and solid-waste management infrastructures.80 <br /> <br />3. National Agencies <br /> <br />Both the United States and Mexico acknowledge the importance of <br />Delta ecosystems in domestic and international policy arenas. In 1993, parts <br />of the Delta and the upper Gulf of California were declared a Biosphere <br />Reserve81 by the Mexican government. Natural resource agencies from both <br />nations cooperate on projects in the Delta, including revegetation in the <br />Delta riparian area and technical support for local ecotourism efforts.82 <br />National agencies with programs in the border region include several U.S. <br />agencies, the Environmental Protection Agency (EP A) and Department of <br />the Interior (001); and Mexico's Secretariat of the Environment, Natural <br />Resources, and Fisheries (SEMARNAP). <br />In Mexico, SEMARNAP has jurisdiction over environmental <br />protection, natural resource management, and the management of marine <br />resources, and it helps develop and implement the nation's Ecology Law.83 <br />SEMARNAP's National Institute of Ecology (INE) carries out <br />environmental research and development, evaluates Mexico's <br />environmental policies, and implements its natural resource programs. INE <br />administers the "National System of Protected Natural Areas" and is <br /> <br />responsible for establishing and managing all natural areas, including the <br />Biosphere Reserve in the upper Gulf of California and the Colorado River <br />84 ' <br />delta. The Biosphere Reserve's management team includes law <br />enforcement, as well as staff for the research station in the Golfo de Santa <br />Clara. Although none have been established in the Delta as yet, INE also <br />oversees the System of Wildlife Management Units, which establishes small <br />wildlife refuges that can be managed for the economic benefit of local <br />'t' 85 <br />cOmmuro les. . .. C;.'" <br />Also Within SEMARNAP IS the National Water Commission 0 <br />(CNA), which has nearly complete jurisdiction over water resources and W <br />planning in Mexico. CNA builds potable water, sanitation, wastewater- ~ <br />treatment, irrigation, drainage, and flood control systems. It administers en <br />Mexico's system of water rights and pumping permits, and shares (with <br />INE) responsibility for the nation's water quality. CNA has recently <br />attempted to decentralize its decision making by establishing local <br />watershed councils. State and municipal governments have little local <br />control over water resources.86 <br />In the United States, several federal agencies have some jurisdiction <br />over activities in, or impacting, the Delta. The EP A regulates water quality, <br />and has supported research on selenium in Delta waters.S7 In addition, two <br />001 agencies play critical roles. The Fish and Wildlife Service (FWS) <br />administers the Endangered Species ActBB and is mandated to review <br />federal actions for adverse impacts to endangered species.89 The BOR <br />operates the dams on the Colorado River in the United States and has stated <br />it is planning to conduct a needs assessment of the Colorado River delta in <br />cooperation with Mexican agencies under the auspices of the IBWC/ClLA <br />although no action has yet been taken.90 ' <br /> <br />84. Other protected areas include national parks, national marine parks, areas for <br />protection of vegetation and wildlife, and natural monuments. <br />85. Land protected by regulation under the Wildlife Management Units (known as <br />UMAs) includes public, private, and common holding (Le., ejido) lands. See V ALDS5-CAS1LLAS <br />ET AL., supra note 12, at 72. <br />86. In an attempt to enhance the influence of user groups and allow some local control of <br />water resources, Mexico has established District Water Committees (Comitls Hidr4ulicos) <br />composed of water users. In addition. River Basin Councils were created in 1992 to help <br />decentralize water management. CNA sits on both the irrigation district committees and the <br />river basin councils. See MUMME, supra note 73, at 1.1.3 <br />87. Jaqueline Garcia-Hernandez, Bioaccumulation of Selenium in the CW\ega de Santa <br />Clara, Colorado River Delta, Sonora, Mexico (Feb. 26, 1999) (unpublished manuscript on file <br />with author). <br />88. 16 U.S.C. 55 1531-1543 (1994) (amended in 1978 by Pub. L. No. 95-632, 92 Stat. 3751). <br />89. See MUMME, supra note 73, at m.2.8.2. <br />90. Telephone interview with Robert Johnson. Regional Director, Lower Colorado Region <br />Office, U.S. Bureau of Reclamation (Feb. 1999). <br /> <br />78. The CEC funds projects through the North American Fund for Environmental <br />Cooperation. See Stephen P. Mumme .k Pam Duncan. The Commission on Environmental <br />Cooperation and the U.S.-Mexican Border Environment, 5 J. ENv'T &: DEv. 197, 197-215 (1996). <br />79. The commission was conceived as a mechanism to win support for the trade pact <br />among U.S. border states, the rationale being that environmental infrastructure improvements <br />could mitigate any potential environmental degradation associated with NAFrA's promised <br />economic development. See id. at 5. <br />SO. See MUMME, supra note 73, at IV.4. <br />81. See CeNTRO DE lNVEsnCACIONBSCIEN'!1J:ICAS V'I'ECHNOLOGICAS DE LA UNIVERSIDAD DE <br />SoNORAET AL., PROCRAMADE MANEJo DE LA BIOSFERA DELALTOGoLFODECAUFORNlA V DELTA <br />DEL RIo COLORADO 4 (1995). <br />82. See U.S. Dep'tof the Interior, U.S.-Mexico Sonoranand Chihuahuan Desert Wtiatives, <br />(Feb. 9, 2000) (unpublished. activities report, on file with author). <br />83. Ley General de Equilibrio y la Protecd6n al Ambiente. See MUMME, supra note 73, at <br />1.2. <br />