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<br />840 <br /> <br />NATURALRESOURCES/OURNAL <br /> <br />[Vol. 40 <br /> <br />Fall 2000] <br /> <br />Instituto TecnolOgico y de Estudios Superiores de Monterrey (lTESM) have made <br />appreciable efforts to increase the body of knowledge concerning Delta <br />ecosystems, economies, and communities. Governments and NGOs alike <br />depend on the work of these individuals and institutions to provide <br />credible, scientific data. <br /> <br />MANAGING ECOSYSTEM CONSERVATION <br /> <br />841 <br /> <br />4. Tribes, Basin States, and Local Communities <br /> <br />Beyond the national government agencies, numerous authorities <br />playa role in Colorado River management. In the United States, 34 Indian <br />reservations are located in the Colorado basin. Twenty-seven tribes have <br />undeveloped Colorado River water rights that date to the establishment of <br />their reservations or to more recent court decisions.91 Together these tribes <br />assert rights to more than two million acre-feet of water,92 but little has been <br />developed. Many tribes are looking for ways to secure economic benefits <br />from their entitlements other than traditional water supply development. <br />For example, the ten tribes of the Colorado River Tribal Partnership formed <br />a coalition to secure, develop, and market their water rights.93 <br />State and local governments also playa role in Colorado River <br />management. The seven Colorado River basin states in the United States <br />(Arizona, California, Colorado, New Mexico, Nevada, Utah, and Wyoming) <br />wield considerable decision-making power over water allocations, flows, <br />storage, management of endangered species concerns, and environmental <br />restoration. The two Mexican states (Baja California and Sonora) playa <br />more limited role, with most decision-making authority resting with the <br />CNA.94 Local communities in the Delta region as yet have a limited voice. <br /> <br />5. Non-Governmental Organizations <br /> <br />Non-governmental organizations (NGOs) in the United States and <br />Mexico have worked to conserve the Delta's ecosystem by advocating for <br />management improvements within both federal governments, gathering <br />baseline ecological data, and educating the public. A significant number of <br />U.S. and Mexican NGOs have advocated for conservation of the Colorado <br />. River delta, including PRONA TURA Sonora; the Intercultural Center for <br />the Study of Deserts and Oceans; the Centro Regional de Estudios Ambientales <br />y Socioecon6micosi Environmental Defense;95 the Sonoran Institute; the <br />Pacific Institute for Studies in Development, Environment, and Security; <br />Defenders of Wildlife; the Center for Biological Biodiversity; the Sierra <br />Club; Southwest Rivers; and others. Also of note, two university-based <br />research centers have been the source of important studies documenting <br />current Delta conditions. Faculty at The University of Arizona and at the <br /> <br />6. Institutional Challenges <br /> <br />Despite, or perhaps because of, the long list of institutions with <br />some role to play in determining the fate of the Colorado River delta, the <br />ecosystem remains threatened. The institutions governing the management <br />and use of the Colorado River are often at odds, hindering efforts to <br />develop solutions to pressing problems. The early failure of the Law of the <br />River to address tribal and ecological concerns, as well as its foundation <br />upon erroneous hydrologic assumptions, has generated decades of <br />disputes, negotiations, and litigation that appear likely to continue into the <br />foreseeable future. Agencies with conflicting missions resist cooperation <br />and groundwater and surface water and water quantity and water quality <br />are all independently monitored and regulated. The institutional <br />heterogeneity96 that characterizes the agencies listed previously further <br />challenges efforts to address Delta restoration. To date, no one organization <br />or agency has emerged as the forum for a binational effort to protect the <br />Delta, and there is little systematic programming oflong-term commitments <br />by either nation.97 The establishment of the IBWC/ClLA workgroup is an <br />important first step, but it is limited to technical discussions.9s <br />To be successful, an international effort will need to be funded, and <br />will need to operate with a transparency that allows stakeholders in both <br />countries to understand and participate in decisions. Furthermore, the <br />efforts of federal agencies in the United States and Mexico should integrate <br />existing Colorado River delta research and restoration plans, the plans <br />formulated by academics and NGOs from the United States and Mexico, <br />and should expand planning to include economic and cultural preservation <br />concerns. Local communities in the Delta region as yet have a limited voice, <br /> <br />C~,.; <br /> <br /><::) <br />W <br />W <br /> <br />-J <br /> <br />96. See generally Gerald D. Bowden et al., Institutions: Customs, Laws and Organization, in <br />WATER: COMPE111l0NFOR CAUFORNIAALTERNAnvE REsoLU1l0NS 163 (Ernest A. Engelbert ed., <br />1982). <br />97. See MUMME, supra note 73, at IV.6.1. See also Stephen Mumme, NAFT A's Environmental <br />Side Agreement: Almost Green?, BoRDERUNES, Oct. 1999, at 1. <br />98. Possibly, the United States and Mexico will establish a new binational forum under <br />the auspices of the 2000 Joint Declaration to enhance cooperation on the Colorado River delta. <br />See Bruce Babbitt & Julia Carabias, Joint Declaration between the Department of the Interior <br />of the United States of America and the Secretariat of the Environment. Natural Resourca, and <br />Fisheries (SBMARNAP) of the United Mexican States to Enhance Cooperation in the Colorado <br />River Delta (May 18, 2(00) (unpublished document, on file with author). <br /> <br />91. See Pontius, supra note 1, at 72-74. <br />92. This figure represents rights asserted. by the tribes rather than adjudicated rights. See <br />Kneese &: Bonem. supra note 71, at 97. <br />93. See Colorado River Tribal Partnership, Position Paper of the Ten Indian Tribes with <br />Water Rights in the Colorado River Basin, reprinted in PON'l1US, supra note I, at app. D. <br />94. See MUMME, supra note 73, at 1.1. <br />95. Environxnental Defense was formerly known as the Environmental Defense Fund <br />(BDF). <br />