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<br />000335 <br /> <br />DRAFT-Not for distribution <br /> <br />additional flows for the Colorado River Delta. The Interim Surplus Guidelines adopted by the <br />United States Secretary of the Interior in January 2001 provide for amounts of "water necessary <br />to supply uses in the United States" as that phrase is intended in Article 10 (b) of the Mexican <br />Treaty. Ambassador Szekely, the primary actor in submission of the diplomatic note for the <br />Republic of Mexico to the U.S. State Department has complained that the U.S. response to the <br />diplomatic note was a rejection. The transcript of Mr. Linsky's remarks at the Mexicali <br />symposium held September 2001 supposedly reflects the substance of the State Department's <br />response to the Mexican diplomatic note. Mr. Linsky said: "The Department of State is aware of <br />Mexico's concerns that certain U.S. actions with respect to the management of the Colorado <br />River system within the United States have failed to take into account the potential impacts on <br />our neighbor. However, the Department of State believes that the United States carefully <br />considered such transboundary impacts during a series of consultations held with Mexico under <br />the auspices of the International Boundary and Water Commission over the past year, as well as <br />during the development of the Environmental Impact Statement called for by the National <br />Environmental Policy Act. The Department of State believes that in taking these actions, the <br />United States is acting in a manner that is consistent with the 1983 La paz agreement. The <br />United States concluded that adjustments to management of the Colorado River system within <br />the United States will not result in appreciable adverse impacts on Mexico. In closing it is <br />important to add that the United States intends to fulfill its treaty commitment to deliver to <br />Mexico 1.5 million acre-feet of Colorado River water per year as provided under the 1944 <br />Waters Treaty." <br /> <br />II Conceptual Framework for United States-Mexico Studies for Future Recommendations <br />Concerning the Riparian and Estuarine Ecology of the Limitrophe Section of the Colorado River <br />and its Associated Delta, EI Paso, Texas, December 12,2000. (Minute 306). <br />http://www.ibwc.state.gov/FORAFFAI/MINUTES/minindex.HTM <br /> <br />12 And perhaps also under the Authority ofthe La paz Agreement. See note 27, supra. <br /> <br />13 Minute 306 at 1. <br /> <br />14 The text of the statement includes the following: <br /> <br />"The following courses of action have been developed by the Mexican delegation, based <br />on the communications presented/displayed during the symposium... <br />*** <br /> <br />The water treaty executed between the two nations did not address environmental media, <br />nor in particular the Delta of the Colorado and the Upper Gulf, as a user within the <br />Colorado River Basin, therefore this fact of omission must be corrected in the future in a <br />manner of sharing and co-responsibility. <br />The studies of restoration of the Colorado River Delta prepared by governments, <br />scientists, academicians and nongovernmental organizations of both countries should be <br />considered in the process of decision making. <br />Additional studies should be developed through the Binational Technical Group <br />IV organized under the IBWC, including the following among others: <br />Implement restoration of specific sites that can be established immediately; <br /> <br />24 <br />