<br />838
<br />
<br />NATURAL RESOURCES JOURNAL
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<br />[Vol. 40
<br />
<br />Fa1l2000]
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<br />MANAGING ECOSYSTEM CONSERVATION
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<br />839
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<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.
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