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<br />000378
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<br />DRAFT-Not for distribution
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<br />McCaffrey, Stephen C., "Water, Water Everywhere, But Too Few Drops to Drink; The Coming
<br />Fresh Water Crisis and International Environmental Law," 28 Denver Journal oflnternational
<br />Law and Policy 325,327,328 (Summer 2000); Hyman, supra, n. Ill.. Although the United
<br />States has abandoned this principle, it is still advocated, by some, for developing nations. See,
<br />Upadhye, Shashank "The International Watercourse; An Exploitable Resource for the .
<br />Developing Nation Under International Law," 8 Cardozo Journal oflnternational and
<br />Comparative Law 61 (Spring 2000).
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<br />117 ". . . there are serious issues of equity associated with requiring Mexico-or at least only
<br />Mexico--to dedicate its own, over-allocated Colorado water resources to deal with the problems
<br />ofthe Delta, when the U.S. clearly bears some responsibility for this growing environmental
<br />crisis. . . . Equity requires that the burden of water needed for restoration be shared between the
<br />two countries." Glennon, Robert and Peter Culp, "The Last Green Lagoon: How and Why the
<br />Bush Administration Should Save the Colorado River Delta," 28 Ecology Law Quarterly 903
<br />(2002), at p. 971. The "equity" argument is also espoused under the terminology of "human
<br />rights." See Sanchez, RM., "To the World Commission on Dams; Don't Forget the Law, and
<br />Don't Forget Human Rights-Lessons from the U.S.-Mexico Border," 30 U. Miami Inter-
<br />American Law Review 629-57 (Winter/Spring 1999).
<br />
<br />1I8 E.g., Albert E. Utton and John Utton, "The International Law of Minimum Stream Flows,"
<br />10 Colo. J. Int'l Envtl L. & Pol'y 7 (Winter 1999).
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<br />1I9 ld., at 13-14.
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<br />120 For a discussion of a somewhat different planning and management construct,
<br />"hydro commons," with application in multijurisdictional settings, see Weatherford, "From Basin
<br />to 'Hydrocommons'; Integrated Water Management Without Regional Governance," Western
<br />Water Policy Project Discussion Series Paper No.5 (1990), Natural Resources Law Center,
<br />University of Colorado School of Law. The "hydro commons" construct has been applied to the
<br />U.S.-Mexico border by Suzanne M. Michel, "Defming Hydrocommons Governance Along the
<br />Border ofthe Californias," 40 Natural Resources Journal 931 (Fall 2000).
<br />
<br />121 Cortner, Hanna J., Margaret A. Moote, The'Politics of Ecosystem Management, Island Press,
<br />Washington, D.C., (1999); Watershed Management: A New Governance Trend, American Bar
<br />Association, Section on Environment, Energy and Resources, Proceedings of the 19th Annual
<br />Conference, February 15-16,2001; Hornstein, Donald T., "Environmental Sustainability and
<br />Environmental Justice at the International Level: Traces of Tension and Traces of Synergy," 9
<br />Duke Environmental Law and Policy Forum 291 (Spring 1999).
<br />
<br />122 ". . . whenever we talk about the watershed in terms of 'hydrological reality' (or rationality),
<br />we also need to concern ourselves with 'managerial practicability.' One profoundly important
<br />question as one ponders watershed management is to what extent we may have to break
<br />problems down into artificial units simply to be able to cope with them at all. The watershed, or
<br />whatever the hydrologically-rational unit may be, usually bears little if any relationship whatever
<br />to governmental units at any level-from the county to the country. Nor is there any hydrological
<br />or ecological measure of managerial capacity."
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