WSP12519 - Laserfiche WebLink

Home Browse Search

846 NATURAL RESOURCES JOURNAL [Vol. 40 Fall 2000) MANAGING ECOSYSTEM CONSERVATION 847 With a binational, environmental agreement in place that included a quantified commitment to deliver water to the Delta for environmental purposes, U.S. agencies could identify water to meet its terms. Precedent exists for the reallocation of water for environmental purposes. The Recovery Implementation Plan in the Upper Colorado River basin has water users, states, federal agencies, and environmentalists negotiating over the establishment of mechanisms, some of which have already been implemented, that will ensure protection of flow releases from federal reservoirs.u2 On the Green River, changes in the operation of Flaming Gorge Dam in Utah have enhanced peak flows and reduced and stabilized winter flows to improve habitat for several endangered fishes.1I3 Colorado River stakeholders in the United States have not yet engaged in a process to address the ecological health of the Delta, but the need to mitigate the impacts of upstream development on Delta species may force these stakeholders to action.1l4 Such a process might include quantification of water needed to preserve the Delta's ecosystems, identification of the entity that would hold these allocations and manage the rights, logistics of storing and releasing the water, and the level of priority that ecosystem resources would enjoy. In Mexico, the lack of a national mandate to protect the Delta presents additional problems. In the summer of 1999, the National Water Commission (CNA) began a program of vegetation clearing in the Delta. The apparent purpose for such activity was to prevent damage to the levee system in the Delta by blocking secondary river channelS, and to prevent floodwaters from reaching nearby farmlands. us A clearly articulated national position could have underscored the importance of this habitat and discouraged CNA from clearing the vegetation, suggesting the need for . greater communication and cooperation among resource agencies in Mexico. 4. Coordination and Cooperation A binational agreement is needed as well to facilitate coordination of management and research between the United States and Mexico. c" bnproved coordination could maximize the benefit of flood flows to Delta 0 ecosystems. Mexico is presently given little notice of impending flood W releases and has no formal vehicle for recommending release schedules to ;:: benefit the Delta. With a binational commitment, management authorities 0 on both sides of the border could look for opportunities to divert and store floodwaters for conservation purposes. With binational cooperation, research could be broadened to a program of adaptive management that might include a determination of the Delta's water needs through experimental variation of the flow rates through Morelos Dam. At present, the lack of a formal program between the United States and Mexico limits the kind of research that can be conducted. To date, the Delta's water requirements have been determined deductively, through snapshot observations of existing conditions. Experimental research would help shed light on the timing and extent of floods in the Delta, evaporative processes, and other dynamics. IBWC/CILA has recently established an international task force on research, but it has yet to act.U6 Independent researchers and non- governmental organizations, however, have coordinated research activities, and published baseline ecological information and analyses. with contributions of experts from both countries.U7 Only a formal mechanism to coordinate the research programs of both countries will harness the research resources of the U.S. and Mexican governments in collaboration. 5. Precedent for a Binational Agreement Fortwlately, a considerable and relevant history of agreements between the United States and Mexico sets the precedent for a binational Delta conservation agreement. Migrating birds have long been identified as a transnational resource worthy of dedicated protection efforts, and as early as 1936 Mexico and the United States signed the Convention for the Protection of Migratory Birds and Game Mammals, committing to protection for birds that live in the United States and Mexico.ue This was soon followed by an agreement of western hemisphere nations to protect species and their habitats, which included specific mention of several Delta species, including the jaguar, the Colorado River pikeminnow, and the 112. See supra note 65. 113. See Robert T. Muth et aL, U.S. Fish and Wildlife Service et aI., Flow Recommendations for Endangered Fish in the Green River Downstream of Flaming Gorge Dam 5-1 to 5-28 (May, 1999) (unpublished draft final report, on file with author). 114, On June 28, 2000, eight plaintiffs, led by the Defenders of Wildlife and the Center for Biological Diversity, 61ed a complaint fordedaratory and injunctive reliefwith the U.S. District Court for the District of Columbia contending that the Departments of Interior and Commerce and reiated agencies respcmsible for river management and marine protection have violated the Endangered Species Act, its implementing regulaticms, and the Administrative Procedure Act. See Defendel'8 of WilcWfe v. Ilabbitt, No. l:00cYOl544 (D.D.C. filed JW\. 28, 2000). For further discussion, see infra Section IV(B). 115. Electronic Memoranda from Carlos Y::a1d~-Casillas, Professor, lnstituto Tecno16gico y de Estudios Superiores de Monterrey to Colorado River Delta listserve (Aug. 23, 1999) (on file with author). 116. See International Boundary and Water Commission. supr" note 76. 117. See LUECKE ET AL, supra note 40, at iii. 118. Convention for the Protection of Migratory Birds and Game Mammals, Feb. '1, 1936, U.S.-Mex., art. 1, 50 Stat. 1311.