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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 /> <br />c;:. <br />c' <br />w <br />W <br />I. .. <br />~ <br /> <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). <br />