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<br />003373 <br /> <br />DRAFT-Not for distribution <br /> <br />79 Hey, Ellen, "The Watercourses Convention; To What Extent Does it Provide a Basis for <br />Regulating Uses ofIntemational Watercourses?" 7 Recie1291, 292 (1998). <br /> <br />80 The U.S. State Department representative in attendance at the Mexicali Symposium suggested <br />that the U.S. constitutional basis for water quality agreements between the U.S. and Mexico <br />might be the President's constitutional authority to conduct foreign affairs, rather than the 1944 <br />Treaty. MARY BRANDT (U.S. State Department); "If we're talking about water quality, then <br />we are probably talking outside the framework ofthe 1944 Water Treaty which deals primarily <br />with quantity unless you look at the provisions in the treaty that talk to beneficial use. I'm not <br />sure, but I suspect that we entered into Minute 241, the salinity minute, on the President's <br />constitutional authority to conduct foreign affairs and not specifically the authority within the <br />1944 Water Treaty." Oral Statement, Mexicali Symposium, September 11,2001. See Mumme, <br />supra, note 67 for an argument supporting issuance of an ecology minute under the 1944 Treaty. <br /> <br />81 Hey, Ellen, supra, note 79m at 293. <br /> <br />82 La Paz Agreement, Art. 4. <br /> <br />83 ld., Art. 8. <br />841d.,ArtI2. <br />85 ld., Art 1. <br />86 ld., Art 2. <br />87 ld., Art 2. <br />88 ld, Art. 5. <br /> <br />89 ld, Art. 3. There are five "annexes" to the La Paz Agreement. Annex I: San Diego- Tijuana <br />Border Sanitation Problem, July 1985; Annex II: Discharge of Hazardous Substances, July <br />1985; Annex III: Transboundary Shipments of Hazardous Wastes and Substances, November <br />1986; Annex IV; Transboundary Pollution from Copper Smelters, January 1987; Annex V: <br />International Transport of Urban Air Pollution, October 1989. <br /> <br />90 1986 U.S.-Mexico Environmental Cooperation Agreement; 1991 Integrated Border <br />Environmental Plan; 1993 Border Environment Cooperation Commission and North American <br />Development Bank; 1994 Council for Environmental Cooperation (North American Agreement <br />on Environmental Cooperation); 1995 Border XXI Program; US-Mexico Border XXI Program <br />("to achieve a clean environment, protect public health and natural resources, and encourage <br />sustainable development along the United States/Mexican border" pursuant to the La Paz <br />Agreement) ;see www.epa.gov/usmexicoborder/ef-about.htm. <br /> <br />The U.S. EPA and the Secretariat of Environment and Natural Resources (SEMARNAT), <br />cooperating with other government agencies, 10 border states and U.S. border tribes plan to <br />undertake a new program, "Border 2012," with issuance of a final mission statement in January, <br /> <br />32 <br />