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<br />OOJ358 <br /> <br />DRAFT-Not for distribution <br /> <br />IV. Status of Ecological Water Flows Under the Domestic Laws of Mexico and the United <br />States <br /> <br />A. Mexico <br /> <br />The main body of Mexican water law,l72 composed primarily of the 1917 Political <br />Constitution,173 the 1992 National Water Lawl74 and related regulations,175 do not directly or <br />extensively address ecological flows. 176 The Constitution establishes public and private classes <br />of water. 177 <br /> <br />All water in Mexico, including the Colorado River, is owned by the federal <br />government.178 Private rights in those waters had been self-declared since 1938179 for use for <br />agricultural purposes in the water management district (District 014) that covers the irrigated <br />area of the Mexicali and San Luis Rio Colorado Valleys.180 Since enactment of the 1992 Act, <br />two classes of water rights, concession titlesl81 and irrigation rights, arguably co-exist in the <br />District, although the latter may have been cut off by the 1992 National Water Law. 182 The <br />allocation within the District for agricultural use is approximately 1.4 MAFY and for municipal <br />and industrial use is approximately 1.6 MAFyI83 <br /> <br />Mexico's unrestricted choice as to how to apportion the use of its Colorado River water is <br />made by the Mexican National Water Commission (Comissi6n Nacional del Agua) pursuant to <br />the grant of water "concessions" from the federal government to individual water users. The <br />only gurposes for which concessions may be granted under current Mexican law are public urban <br />uses, 84 agriculture,185 generation of electricityl86 or other "productive" activities.187 <br />Environmental uses are not addressed in Mexico's water law, although concessions must be <br />exercised consistently with Mexico's General Law for Ecological Equilibrium and <br />Environmental Protection (Ley General del Equilibrium Ecologico y la Proteccion al <br />Ambiental).188 The National Water Commission can revoke water concessions if improperly <br />used.189 <br /> <br />The General Law of Ecological Equilibrium and Environmental Protection was enacted <br />in 1988 and has since been amended. 190 It declares, among other things, that the "establishment, <br />protection and preservation of protected natural areas and zones of ecological restoration" is of <br />"public utility,"191 further that "ecosystems are the common patrimony" and that "authorities and <br />individuals must assume responsibility for protective, ecological equilibrium.,,192 This principle <br />is incorporated in the General Law of Wildlife (Ley General de Vida Silvestre). 193 Natural area <br />protection is authorized to benefit biodiversity and preserve rare and threatened species. 194 <br />Biosphere preserves, national parks, natural monuments, natural resource areas, flora and fauna <br />areas, sanctuaries and parks and state preserves can be considered for protection under the Act.195 <br />Provision is made for the relevant federal official to execute programs of ecological restoration <br />in "areas that present processes of degradation or desertification, or serious ecological <br />. b I ,,196 <br />1m a ances. <br /> <br />The Act also contains a chapter pertaining to the "rational use of water and aquatic <br />ecosystems,,197 that includes among its criteria the "maintenance of basic flows of water <br />currents.,,198 And, further, "the preservation and sustainable use of water, as well as of aquatic <br /> <br />17 <br />