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<br />854
<br />
<br />NATURAL RESOURCES JOURNAL
<br />
<br />[Vol. 40
<br />
<br />Fall 2000]
<br />
<br />MANAGING ECOSYSTEM CONSERV ATlON
<br />
<br />855
<br />
<br />any surplus, as well as before ~y off-stream ~tor~ge us~s. If and when the
<br />Department of Interior formalizes shortage crlterl~, env~o~ental groups
<br />will demand that baseline flows for the Delta receive pnonty as well.
<br />
<br />3. Salton Sea
<br />
<br />Several proposals to improve the ecological conditions of
<br />California's Salton Sea, a large inland saline lake fed by agricultural
<br />drainage and lying in a former arm of the Colorado delta, would l~ ~e
<br />Sea to the current limit of the Delta and its estuary. To reduce and stabillZe
<br />the salinity and elevation of the Salton Sea, resource managers have
<br />proposed several alternatives, including pumping Salton Sea water to the
<br />Gulf of Califomia.163 Any consideration of management options involving
<br />discharge of Salton Sea water to the Delta or Gulf of Cali~omia will ~equire
<br />Mexican involvement, and thus may present an opportunity for MeXIco and
<br />the United States to consider binational measures for enhancing Delta
<br />ecosystems. 164 Another Salton Sea restoration proposal would have diverted
<br />up to 300,000 acre-feet of Colorado River floo~ fl~~s from ~e '?~~tem at
<br />Imperial Dam in Arizona to the Salton Sea, slgnificantly dunuushing the
<br />quantity of water that would otherwise reach the Delta.l65
<br />Were the effluent and wastewater now flowing into the Salton Sea
<br />managed with care in the Delta, they might bring some benefit to wetland
<br />ecosystems. For example, flood flows could flush awa~ any b.ui1~up of
<br />pollutants or salinity. A new wastewater treatment plant m MeXIcah-to be
<br />completed in2001-will improve the quality of some of the effluent now sent
<br />via the New River to the Salton Sea. The plant is presently designed to
<br />discharge treated effluent into the New River and eventually empty into the
<br />Salton Sea. If instead this treated effluent is discharged into the Rio Hardy
<br />basin, the Rio Hardy wetlands might serve as part of the wastewater
<br />treatment process. Both the Mexican government and the U.S. EPA have
<br />indicated an interest in exploring options for using treated water to enhance
<br />Delta environments.l66
<br />
<br />4. Yuma Desalting Plant
<br />
<br />A proposal by the BOR to operate the Yuma Desalting Plant167 and
<br />market the resulting water would divert agricultural wastewater flows from
<br />the Cienega de Santa Clara and replace the wastewater with concentrated
<br />brine.l68 The basin states are likely to increase pressure on the BaR to
<br />operate the plant in order to treat the MODE canal water to Minute 242
<br />salinity standards. In this way agricultural wastewater could be counted ~s
<br />treaty water, freeing a like amount of upstream water for use by the basm
<br />states.169 Operating the Desalting Plant would markedly reduce the area of
<br />the Delta wetlands and negatively impact wildlife and local.residents who
<br />generate income as wildlife guides. A decision to operate the Desalting
<br />Plant will require an environmental assessment. In order to prevent damage
<br />to the Delta ecosystem, water supplemental to Mexico's Colorado River
<br />entitlements must be dedicated to support the Cienega de Santa Clara.
<br />
<br />5. All-American Canal and Delivery a/Water to Mexico
<br />
<br />Mexico relies on groundwater pumped from border region aquifers
<br />to augment its supplies,170 but plans by California and Nevada to line the
<br />nearby All-American Canal will lower the water table in these aquifers.171
<br />Mexico opposes these plans on the grounds that the seepage from the canal
<br />is" grandfathered"l72-in other words, a known condition that existed at ~e
<br />time the original treaty was negotiated, and, therefore, water to which
<br />Mexico is entitled. In addition, Mexico has requested that its entire
<br />allocation of water from the Colorado River be delivered at the Northerly
<br />
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<br />167. See supra note 43.
<br />168. Telephone interview with RobertJohnson, Regional Director, Lower Colorado Region
<br />Office, U.S. Bureau of Reclamation Oan. 2000).
<br />169. Atpresent, 110,000 acre-feet of saline agricultural wastewater flows to the Cienega de
<br />Santa Clara annually, sustaining 50,000 aaes of wet1and habitat See discussion infra Section
<br />II. Despite the inadvertent nature of the Cienega's aeatio~ any proposal ~t resullll in.illl
<br />destruction or degradation is certain to be challenged by envIrOnmental groups U\ both MexiCO
<br />and the United. States.
<br />170. Mexico pumps approximately 100,000 acre-feet of groundwater per year that is
<br />directly attributable to seepage loss from the All-American Canal. See Douglas L. Hayes, The
<br />All-AmeriCJJn CatIJIl Uning Project: A Catalyst for RationRl and Comprehensive Groundwater
<br />MalUlgement on the United States-Mexico Border 31 NAT. REsoURCES. J. 803, 805 (1991).
<br />171. The Bureau of Reclamation estimates that the 29.9 mile reach of the All-American
<br />Canal from PUot Knob to Drop 4 loses 91,600 acre-feet per year, most of which recharges the
<br />shallow aquifer in the northeast section of the Mexicall Valley. When the Canal is lined,
<br />groundwater depths are projected to drop from o~ to 30 feet ~ a 70 sq~ mile region. o~er
<br />SO years. See U.S. Bureau of Reclamation, U.S. Dep t of the Intenor, All Amer1Can Canal Lining
<br />project: Imperial County California: Final Environmental Impact Statement/Final
<br />Environmental Impact Report, at m-4, m-s (1994),
<br />172. See Hayes, SUprll note 170, at 806.
<br />
<br />163. See Tetra Tech, Inc., SlIlton Sell Restoration Project Environmental Impact Statement/
<br />Environmental Impact Report at 2-43,6-27 to 6-34 (2000) (unpublished draft prepared for Salton
<br />Sea Restoration Authority &t: U.S. Bureau of Reclamation),lIwilRble lit <http://www.lc.usbr.
<br />gov I-saltnseal deistoc.html>.
<br />164. The transfer of Salton Sea water to Delta wetlands may inaease pollutanlll and salinity
<br />in the Delta and adversely affect Delta wildlife.
<br />165. See Tetra Tech. Inc., supra note 163 at 2-27, ~27 to ~29.
<br />166. Telephone interview with Doug Eberhardt, Environmental Engineer, Water
<br />Management Division, U.S. Environmental Protection Agency RegionlX aul. 1999); Tele~~ne
<br />interview with Carlos Pet\a, Division Engineer, International Boundary and Water COI1'll1USSIOn
<br />(Apr. 1999).
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