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WSP12533
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Last modified
1/26/2010 4:16:32 PM
Creation date
7/30/2007 11:21:11 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8282.400
Description
Colorado River Operations and Accounting - Deliveries to Mexico
State
CO
Basin
Colorado Mainstem
Water Division
5
Date
1/1/2000
Author
Robert Jerome Glennon - Peter W Culp
Title
The Last Green Lagoon - How and Why the Bush Administration Should Save the Colorado River Delta - Excerpted from Ecology Law Quarterly - Volume 28-Number 4 - 01-01-02
Water Supply Pro - Doc Type
Report/Study
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<br />"0'" r:::59' <br />u .1 ~ . <br /> <br />2002] <br /> <br />THE lAST GREEN lAGOON <br /> <br />915 <br /> <br />or serious accident," and up to 1.7 maf in surplus years. 53 <br />The Mexico-U.S. Water Treaty also established the <br />International Boundary and Water Commission (IBWC) to assist <br />in the management of U.S. and Mexican transborder resources. 54 <br />Composed of a United States section (provided with foreign policy <br />guidance by the U.S. Department of State) and a corresponding <br />Mexican section, 55 IBWC is authorized to build and manage <br />waterworks, to resolve problems and negotiate further <br />agreements regarding international waters, and to settle treaty- <br />interpretation disputes.56 IBWC decisions, referred to as Minutes, <br />are deemed approved by each country unless disapproved within <br />30 days after execution by the IBWC Commissioners. 57 Under the <br />Mexico-U.S. Water Treaty, IBWC has authority over the <br />boundary delineation along the land boundary, the boundary <br />sections of the Rio Grande and Colorado Rivers, the works <br />located on their common boundroy, and any project that lies <br />entirely within either country if its construction or management <br />will affect international treaty compliance.58 The Mexico-U.S. <br /> <br />53. li"eaty Between the United States of America and Mexico Respecting <br />Utilization of Waters of the Colorado and TIjuana Rivers and of the Rio Grande, Feb. <br />3. 1944, U.S.-Mex., art. 10. 59 Stat. 1219. 1237 (1944) [hereinafter "Mexico-U.S. <br />Water li"eaty"), reprinted in Ray L. WILBUR & NORTHCUIT ELY, THE HOOVER DAM <br />DOCUMENTS A831 (1948). Mexico currently uses its entire limit in order to supply the <br />fast-growing cities ofTIjuana and Mexicali and to irrigate more than 530.000 acres of <br />land in the Mexicali Valley. See Douglas A. Hayes, The AU-American Canal Uning <br />Prqject: A Catalyst for Rational and Comprehensive Groundwater Management on the <br />United States-Mexico Border, 31 NAT. REsOURCES J. 803, 808 (1991). As a result, <br />virtually all water delivered over the border is diverted for human use; none remains <br />to support the Delta ecosystem. lei. at 808. In addition, groundwater exhaustion in <br />the northern Mexicali Valley is expected to worsen as a result of planned <br />conservation measures along the All-American Canal, cutting seepage that <br />replenishes groundwater supplies. See John H. Coglin, AU-American Canal Project <br />Sparks Test Casefor Transboundary Groundwater Law, 14 B.C: lNT'L & COMPo L. REv. <br />159 (1991). <br />54. The International Boundary and Water Commission (lBWC) descends from <br />the older International Boundary Commission (lBC), which was established by treaty <br />in 1889. See INTERNATIONAL BOUNDARY AND WATER COMMISSION, Two COUNTRIES, THEIR <br />BORDERAND1HEIRWATERS 10-1l(n.d.). The Mexico-U.S. Water li"eaty transferred all <br />of theIBC's powers to the IBWC, and expanded its jurisdiction. See generally Sinclair, <br />supra note 33. The IBWC is composed of two national sections; the U.S. office <br />receives foreign policy guidance from the State Department, and is headquartered in <br />EI Paso, Texas. See George R. Hesse. Securing Tangible Results of Self-Determination: <br />A Scheme to Solicit Support from the International Boundary and Water Commissionfor <br />Indigenous People's Water Rights Claims, 8 ARIz. J. lNT'L & COMPo L. 149, 152 (1991). <br />55. See Hesse, supra note 54. at 152. <br />56. See Mexico-U.S. Water Treaty, supra note 53, Art. 24. 59 Stat. at 1255-1257. <br />57. Id., art. 25, 59 Stat. at 1257-58. <br />58. See Sinclair, supra note 33. at 111-112.. <br />
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