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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~,.;
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<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).
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